In 2024, the approach to the provision of labor and social leave by companies to employees has changed compared to the procedure that was in effect until January 1, 2024. You can figure out the specifics of calculating vacations in each specific case with the help of our HR specialists.
Types of vacations in Belarus
Vacation is the time for which an employee is released from work under an employment contract, a contract for rest with the preservation of average earnings, a workplace.
There are two types of vacations in Belarus: labor and social.
- Work leave is provided in the form of basic leave and additional leave.
- Social vacations are vacations that are not related to work vacations and the duration of work, and during the period of such vacations, average earnings are not always maintained.
Social holidays:
- Maternity leave;
- Parental leave;
- Educational leave;
- Vacation in connection with the Chernobyl disaster;
- Vacation for valid personal and family reasons;
- Other social vacations.
From January 1, 2024, an employer can provide social leave with the preservation of average earnings to an employee who has good reasons: marriage, the birth of a child, and other reasons. Such reasons can be specified in the company’s local document. Until January 1, 2024, such conditions could only be provided for in a collective agreement, for which the company must have a trade union organization to sign.
Local vacation documents
Currently, companies that do not have trade unions can draw up their own local documents and provide for conditions for granting social leave for good reasons. Our HR specialists can audit the client’s HR documentation and bring it in line with updated vacation regulations or draw up new documents.
The amount of work leave
The duration of vacations is calculated in calendar days.
Until January 1, 2024, when transferring an employee to a job where a different length of work leave is provided, it was calculated in proportion to the time worked at the previous job and at the new one.
From January 1, 2024, the number of days of work leave is determined at the time of its provision. This simplifies the work of the HR department. That is, if an employee whose work leave was 23 calendar days was transferred to a job where work leave is 30 calendar days, the first vacation at a new job is provided to him for 30 calendar days.
As before, public holidays falling within the employee’s vacation time are not counted toward vacation time or compensated for. In certain situations, it actually happens that the number of such unpaid days is added to the work leave.
Duration of work leave
Work leave is calculated in calendar days.
The minimum working leave is 24 calendar days. This is the main work leave. Additional vacations are added to such a vacation:
- For harmful working conditions, the special nature of the work;
- For an irregular working day;
- For long-term work (if such leave is established in the company);
- Incentive leave (if such leave is established in the company).
Our HR specialists can calculate the duration of work leave in certain difficult cases for you.
Parts of the work leave
In companies where there are no collective agreements, it is possible to divide work leave into more than two parts. This can be provided for in the company’s local document on vacation issues.
In a local document, you can specify the maximum number of parts into which a work vacation can be divided.
Until January 1, 2024, it was possible to divide work leave into more than two parts in companies where a collective agreement was concluded.
Payment of average earnings during working leave
Until January 1, 2024, the company was obliged to pay the employee an average salary two days before the start of the work leave. Collective agreements may have provided for other conditions.
Employees often do not go on vacation according to a schedule drawn up in advance for a year, due to various circumstances, which can cause unplanned expenses for the company.
From January 1, 2024, the average salary for the vacation period must be paid two days before the start of the vacation when leaving according to the vacation schedule. If the vacation is not scheduled, then the employee’s consent to the payment must be expressed in the application.
Duration of social leave
Until January 1, 2024, as a general rule, unpaid social leave could be no more than 30 calendar days per year.
Social leave for household and family reasons without preserving wages will be available as of January 1, 2024. It may be taken for a maximum of three calendar months annually.
Obligation to provide social leave
From January 1, 2024, companies are required to provide social leave without pay:
- In connection with the employee’s education. Such leave is provided to employees who receive specialized secondary, higher education for the first time in evening, correspondence or distance education, as well as to employees who receive vocational and technical education (not necessarily the first one).
- For future graduate students for 12 days.
To apply for such a vacation, a future graduate student must request a package of documents:
- A certificate-a call from an educational institution;
- Notification of the educational institution, a pass to participate in the centralized testing.
Contact us
If you have any questions related to the preparation of local company documents on vacation issues, on the calculation of their duration and payment, we will be happy to help you! Our many years of experience in the field of HR records management will help you in resolving any disputes.
Phone and e-mail communication options are available for your convenience:
- +375293664477 (WhatsApp/Telegram/Viber);
- info@ambylegal.by.
