Rules for Hiring and Dismissing Employees

Hiring and dismissing employees are among the key stages in labor relations between an employer and an employee. The correct formalization of these procedures not only ensures the legal protection of the parties but also promotes business stability, minimizes labor disputes, and ensures the observance of the interests of both parties.

Legal norms contain clear requirements for the procedure of concluding and terminating an employment contract. There are many aspects for an employer to consider: formalizing employment, features of the probationary period, issuing orders, maintaining personnel documentation, and the correctness of contract termination, including mandatory notice periods (when necessary) and compensation payments.

Errors at any stage – hiring without a full set of documents or unlawful dismissal – can lead to serious legal consequences: from reinstatement of the employee by court decision to financial sanctions. Therefore, it is important not only to know the general rules but also to apply them, considering the specific situations in the company.

In this article, we will examine how to properly formalize labor relations at all stages – from hiring to dismissal. We will analyze what an employer should pay attention to so that the process is transparent, legal, and safe.

Preparation for Hiring an Employee

Hiring a new employee begins long before the signing of the employment contract. Initially, it is important for the employer to assess the need for a new staff unit. This may be due to business expansion, replacement of a dismissed employee, redistribution of functions, or the launch of a new project. The decision to hire is formalized by a corresponding official document and approved by management.

Next, the staffing table is checked and, if necessary, adjusted: it provides for a vacant position for which the employee is planned to be hired. If such a position does not exist, it should be introduced in advance. For this, a corresponding order is issued, and changes are made to local documents.

The next step is to prepare a draft employment contract. This document must reflect specific working conditions, comply with legal requirements, and take the specifics of the particular position into account. At this stage, it is necessary to determine:

• Work schedule: standard five-day week, shift schedule, irregular working hours, etc.
• Remuneration amount: official salary, possible allowances and bonuses, and a motivation system.
• Leave duration: main, additional (if provided), procedure for granting.
• Additional conditions: social benefits, possibility of remote work, provision of work equipment, training at the employer’s expense, etc.

Thorough preparation for hiring an employee reduces the risks of labor disputes in the future and simplifies the formalization procedure. It is especially important to discuss controversial or individual conditions with the candidate in advance to avoid misunderstandings after starting work. When drafting an employment contract and agreeing on the terms of labor relations, it is recommended to consult with a lawyer – this will help consider all nuances and comply with legal requirements.

Documents Required for Employment

When hiring an employee, the employer is required to request and verify a specific list of documents. These documents confirm the candidate’s identity, professional qualifications, and suitability for the position.

Mandatory documents from the candidate:

• Passport or other identity document.
• Employment record book. If this is the first place of employment, a new one is created. If the employee already has an employment record book, the employer makes an entry in it about the hiring after concluding an employment contract or agreement.
• Documents on education, qualifications, and professional training. These include diplomas, certificates, and other official documents that confirm the right to perform specific work.
• Military ID or registration certificate — for those subject to military service.
• Medical certificate — in cases where the job involves special working conditions or where government requirements for the job include a mandatory medical examination.

Special categories of employees:

• Minors (under 18 years of age).

Minors can be hired for work from the age of 16. Minors cannot be hired for certain types of work. For example, this includes work involving the movement of heavy loads.

Minors aged 14 and older can be hired for work if they have written consent from one of their parents. Children may only be hired for light work or professional sports. The work must not harm the health and development of minors between the ages of 14 and 16 and must not interfere with their education.

Minors must undergo a mandatory medical examination before being hired.

• Foreign citizens.

To employ foreign citizens, they must have a temporary or permanent residence permit in Belarus or a work permit (if required). It is also important to check the validity of their residence permit and the duration of their stay. For the employment of certain categories of workers (e.g., highly qualified specialists, employees of organizations – HTP residents), no permits are required.

• Part-time employees.

If an employee works part-time or performs work for another employer outside of regular hours, it is important to confirm that they comply with time and rest restrictions. An application for part-time employment and confirmation from the main place of employment (if required by the employer) are also necessary.

Candidate suitability check for the position

Before hiring an employee, the employer must ensure that they possess the necessary knowledge and experience. Depending on the position, this may include:

• Verifying that the employee’s level of education meets the qualification requirements.
• Verifying work experience in the field, if necessary.
• Confirming permits, certificates, and licenses that are required to perform the job (e.g., for medical workers, drivers, construction specialists, security personnel, etc.).

It is also possible to conduct a preliminary assessment of professional skills — an interview, testing, a trial assignment, or an evaluation of references from previous employers. To be hired by a government agency, you will need a reference from your previous employer.

Compliance with all these requirements not only helps avoid legal risks but also improves the quality of personnel selection. When onboarding new employees, our HR lawyer can verify the legality of documents and avoid errors in HR document management.

Employment Registration

The hiring process includes several mandatory procedures that ensure the legality of the employment relationship and confirm the start date. This stage requires special attention, as errors in the documents may lead to legal risks and disputes with employees in the future.

The employment contract is concluded with the employee in person, not remotely.

Conclusion of an employment contract in written form

The first step is the signing of an employment contract between the employer and the employee. The document is drawn up in two copies, one for each party. The contract specifies:

• The employee’s full name and information about the employer.
• The start date of employment.
• Position or profession per the staffing table.
• Place of work.
• Working conditions: working hours, salary, bonuses and other payments, vacation time, additional guarantees and compensation (if any).
• Information about the probationary period (if established).
• Rights and obligations of the parties.

The employment contract comes into force on the date specified therein, but not earlier than the date of signing. After signing, the employee is given a copy of the employment contract.

The employment contract may be for an indefinite period or a fixed term. The contract is concluded for a period of one to five years.

Issuance of the Hiring Order

Based on the signed employment contract, a hiring order is issued. A standardized form is usually used, which indicates:

• Employee’s last name, first name, patronymic.
• Start date.
• Position.
• Department.
• Terms of remuneration.
• Work schedule.
• Terms of employment (e.g., primary employment or part-time).

The employee is familiarized with this order and signs it before starting their work duties.

Familiarization with Local Normative Acts (LNAs)

Before starting work, the employer must familiarize the employee with all local documents governing labor relations that are in force in the organization. The mandatory list includes:

• Internal labor regulations.
• Instructions on occupational health and safety.
• Regulations on remuneration, if applicable, in the organization.
• Fire safety instructions.
• Collective agreement, if any. Regulations on social policy.
• Other documents applicable to a specific position or working conditions.

Familiarization is formalized as follows: the employee signs to confirm that they understand the requirements set forth and undertake to comply with them.

Entry in the Employment Record Book

If an employee has submitted their employment record book, then after concluding the employment contract and issuing the order, an entry is made regarding their hiring. The entry is made following the wording of the order.

If this is their first place of employment, an employment record book is created for the employee. In this case, the employer purchases and fills out a new employment record book form in the employee’s name.

Registration of the Employment Contract

After signing the employment contract, it is registered in a registration journal or an electronic HR accounting system. Registration allows for recording the fact of establishing labor relations and timely tracking documents, especially during inspections or disputes.

Probationary Period

A probationary period is a legal method that allows the employer to ensure the professional suitability of a new employee before stable labor relations are established with them. A probationary period upon hiring provides an opportunity to assess competencies, responsibility, and the ability to perform assigned duties in real conditions.

Conditions for Appointing a Probationary Period

A probationary period may be established upon concluding an employment contract. The fact that a probationary period is established and its duration must be indicated in the text of the employment contract. If this condition is not in the contract, it means that the employee is hired without a probationary period.

No entry about the probationary period is made in the employment record book.

The standard duration of a probationary period is up to three months.

A probationary period is not established:

• for individuals who are employed for the first time after graduating from an educational institution.
• For underage employees.
• When transferring within the organization.
• In other cases stipulated by legal norms.

Procedure for Evaluating Probationary Results

Throughout the probationary period, the employer must systematically evaluate the new employee’s work. This is usually done through:

• analysis of the performance of job duties.
• Compliance with labor discipline and working hours.
• Assessment of the quality and timeliness of task completion.
• Results of evaluating the new employee’s interaction with the team and management.

The evaluation results can be formalized as a memo, characteristic, or act, especially if there are doubts about the employee’s professional suitability. It is recommended to document intermediate results of the probation – this will help justify the decision in case of a dispute.

Termination of the Employment Contract due to Unsatisfactory Probationary Results

If, during the probationary period, it becomes clear that the employee does not meet the requirements of the position, the employer has the right to terminate the employment contract with them based on the probationary results. In this case:

• the employee is notified in writing at least 3 days before termination.
• The notification indicates the reasons why the employee is deemed to have failed the probation.
• Dismissal is formalized by an order; an entry about the dismissal is made in the employment record book, and a final settlement is made.

Important: if, at the end of the probationary period, dismissal did not occur, and the employee continues to work, they are considered permanently employed. The employer can no longer refer to an unsatisfactory probation result.

Grounds and procedure for dismissal

Dismissal is the termination of employment relations between an employee and an employer. Labor law norms specify various grounds for terminating an employment contract, each of which requires adherence to a specific sequence of actions and formalization. Regardless of the reason, the dismissal procedure is carried out correctly, with observance of all guarantees of employees’ rights and legal requirements.

Dismissal at the initiative of the employee

An employee has the right to terminate an employment contract concluded for an indefinite period, at their own will, by submitting a written notice to the employer in advance, usually no less than one month. By agreement between the parties, the period may be shorter.

If an employee has submitted a resignation letter, the employer is obliged to formalize the dismissal within the period specified by the employee, issue a final settlement, and provide all documents, including the employment record book. The resignation letter can be withdrawn until the last working day, provided that no other employee has been invited to replace the employee.

Dismissal at the initiative of the employer

Termination of an employment contract at the initiative of the employer is possible only in certain cases listed in labor law norms. For example:

• systematic non-performance of labor duties without a valid reason.
• Absenteeism.
• Appearance at work in a state of alcoholic or drug intoxication.
• Incompatibility with the occupied position based on the results of the attestation.
• Reduction in the number of staff members.

Each of these grounds requires confirmation and documentary formalization, as well as observance of the notification procedure; in case of absenteeism, conducting internal investigations and providing explanations from the employee. In case of disputes, the court considers the validity of the dismissal.

Termination of an employment contract by agreement of the parties

This is one of the most flexible and frequently used methods of dismissal. The parties agree on the termination of the employment contract on any day convenient for them, and formalize the agreement in writing. The advantage of this method is that there is no need to observe notice periods.

This option is suitable for both the employee and the employer, especially if circumstances have arisen that do not allow the continuation of employment relations, but there are no grounds for unilateral termination of the contract.

Dismissal upon expiration of the employment contract term

A fixed-term employment contract terminates upon the expiration of its term if the parties have not expressed a desire to continue cooperation. The employee or employer notifies the other in writing at least 1 month in advance of their desire to terminate employment relations.

If the employee continues to work after the expiration of the contract term and the employer does not object, the contract is automatically considered indefinite.

Special grounds for dismissal

Legal norms also provide for several special situations in which an employment contract may be terminated:

• transfer of an employee at their request or with their consent to another position or another organization.
• Liquidation of the organization, termination of the activity of an individual entrepreneur.
• Loss of trust in the employee (for example, when committing a corruption offense).
• Violation of labor protection rules that entailed a threat to life and health.
• Reaching retirement age, if provided for by internal documents or contract terms.

Each of these grounds requires careful legal assessment so as not to violate the labor rights of the employee and avoid possible claims.

Documents upon dismissal

The process of dismissing an employee is completed by formalizing and issuing mandatory documents. Proper formalization of dismissal is important not only for compliance with legislation but also for preventing possible disputes.

Order of Dismissal

The basis for the termination of employment is the employer’s order. The order is drawn up in a unified form and must contain:

• the full name of the organization.
• The full name of the employee being dismissed.
• The grounds for dismissal (at the employee’s initiative, by agreement of the parties, upon expiration of the term, etc.) and a reference to the article under which the employee is dismissed.
• The date of dismissal.

The employee must be familiarized with the order against signature on the day of dismissal. If the employee refuses to sign, a corresponding act is drawn up.

Entry in the Employment Record Book

An entry regarding dismissal is made in the employee’s employment record book. The wording must precisely correspond to the grounds indicated in the order and not allow for ambiguity. The entry is certified by the signature of an authorized person and a seal (if available), as well as by the employee’s signature.

Settlement and Payment of Compensation

On the day of dismissal, the employer is obliged to make a full settlement with the employee, including:

• wages for the actual time worked.
• Compensation for unused vacation.
• Other payments provided for by the employment contract or local normative acts (e.g., bonuses, severance pay).

All payments are made on the day of dismissal, unless otherwise stipulated by agreement of the parties. Violation of settlement deadlines may result in the accrual of penalties and administrative liability.

Documents Issued Upon Dismissal

Upon dismissal, the employee is issued the following documents:

• a copy of the dismissal order.
• The employment record book.
• A certificate of earnings for two calendar months (for the employment center and benefit calculation).
• Upon request, copies of documents related to employment, letters of recommendation.

Common Mistakes and Risks for the Employer

Violations during the hiring or dismissal of employees can lead to labor disputes, administrative liability, and even lawsuits. Below are the most common mistakes made by employers when processing dismissals, as well as the associated risks.

Dismissal Without Legal Grounds

The most serious violation is the dismissal of an employee without legal grounds or with formal compliance with the procedure, but with a violation of the essence of the employment relationship. Examples:

• Dismissal “at the employee’s request” under pressure.
• A formal agreement between the parties was concluded without the employee’s voluntary consent.
• Dismissal in the absence of sufficient evidence of misconduct, if the grounds related to disciplinary responsibility are used.

Such dismissal can be challenged in court, which entails the risk of reinstatement of the employee, payment of average earnings for the period of forced absence, and compensation for moral damage.

Missing Notification Deadlines

Legal norms oblige employers to observe notification deadlines when terminating an employment contract on several grounds:

• upon dismissal at the employer’s initiative (e.g., due to redundancy).
• Upon expiration of the employment contract term.
• When it is necessary to offer alternative vacancies.

Untimely or verbal notification of the employee is considered a procedural violation and may serve as grounds for declaring the dismissal illegal.

Incorrect Document Processing

Errors in HR documents are another common source of problems:

• inaccurate wording in the order or employment record book.
• Absence of the employee’s signature on the dismissal order.
• Incorrectly specified contract termination date.
• Absence of documents confirming compliance with the procedure (e.g., an act of refusal to sign).

All of this can be used by the employee in case of conflict and become grounds for a legal dispute.

Disputes Arising from Procedural Violations

Even if the grounds for dismissal are lawful, failure to comply with the procedure (incomplete documentation, failure to formally acknowledge the order, incomplete settlement) may lead to a labor dispute. The employee may file a complaint with the labor inspectorate or a lawsuit in court.

Risks for the employer include:

• Reinstatement of the employee.
• Compensation for moral damage.
• Fines from regulatory authorities.
• Damage to reputation and tension in the team.

Recommendations for Employers

Proper organization of HR processes is not only formal compliance with labor legislation, but also a crucial element in reducing legal risks. This is especially relevant when hiring and dismissing employees, when the likelihood of errors leading to labor disputes is high. Below are recommendations that will help employers act within the legal framework and avoid common problems.

HR Documentation: Maintenance and Storage

HR record-keeping must be systematic and regular. This includes:

• Formalizing employment contracts in writing and on time.
• Issuing and properly formalizing orders.
• Maintaining personal files, vacation schedules, and time sheets.
• Familiarizing employees with local normative acts under their signature.
• Maintaining a log of labor protection briefings.
• Storing HR documents following established deadlines.

Regular internal audits of HR documentation will help identify and correct errors before they lead to problems.

Consultations with Lawyers in Non-Standard Situations

In situations that exceed the norm — for example, dismissal at the initiative of the employer, conflicts with employees, staff reductions, temporary incapacity for work for more than four consecutive months, or the hiring of foreign workers — it is important not to act at random. Errors in interpreting labor law or in the course of action can result in litigation.

Consulting our experienced lawyers allows you to:

• Receive recommendations for a specific case.
• Draft competent HR documents.
• Avoid procedural violations.
• Minimize the risk of decisions being appealed in court.

Professional support is especially important in cases where a decision may be challenged by an employee.

Outsourcing HR accounting — when it makes sense

For small and medium-sized organizations without a full-fledged HR department, HR outsourcing can be an optimal solution. This allows you to:

• Reduce the burden on internal resources.
• Receive qualified support without hiring a full-time specialist.
• Be confident in the correctness of formalizing labor relations and HR documentation.

Outsourcing is particularly advisable:

• In the absence of an experienced HR specialist on staff.
• When scaling a business and increasing the number of employees.
• When it is necessary to bring documents into compliance with legislation.

Conclusion

Compliance with the rules for hiring and dismissing employees is the key to stable and effective company operations. Careful attention to paperwork, timely completion of procedures, and consideration of all requirements significantly reduce the risk of labor disputes and help build trusting relationships with the team.

If you have questions or encounter difficult situations when hiring or dismissing employees, we recommend that you consult with experienced lawyers. Professional support will help you avoid mistakes, correctly prepare all necessary documents, and ensure compliance with the law. This will allow you to focus on developing your business without being distracted by legal risks and conflicts with staff.

Contact us

If you have any questions related to rules for hiring and dismissing employees in Belarus, we will be happy to help! Our long-term experience will help you choose a lawyer to represent your interests.

• +37529142-27-19 (WhatsApp, Viber, Telegram);
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