In matters of labor law, every employer who develops a business independently or hires employees needs to be guided. This is important in order to successfully resolve controversial issues that may arise in the field of labor relations. Disagreements may arise between employers and employees, between government agencies and employers as a result of inspections of compliance with labor laws in the company. Our lawyers have experienced specialists in labor law issues who can advise you, prepare documents for dispute resolution and represent your interests.

Labor disputes initiated by the employer

At the initiative of the employer, disputes most often arise about the recovery of the amount of damage caused by an employee to the employer’s property. In this case, you need to go to court within 1 year from the date of discovery of the damage. The employer most often discovers damage during inventory, although other situations are possible.

Instead of going to court, you can negotiate with an employee for voluntary compensation for damages. An employee can voluntarily compensate for the damage he caused to the employer’s property. To do this, he writes a statement for full or partial compensation for damage. Instead of paying money, an employee can replace the damaged property with another one with the consent of the employer. Our experts will help you come to an agreement and arrange the necessary documents.

Recovery of damage caused by an employee

An employer may withhold the amount of damage from an employee’s salary without an employee’s application, when such an amount is no more than three of his average monthly salaries. To do this, you need to properly issue an order within two weeks from the day the damage was discovered.

Belarusian legislation provides for fines for violations of labor legislation. Fines are imposed on managers and officials of employer companies, for the companies themselves, and for employers – individual entrepreneurs. Such fines are applied by the court. The package of documents is prepared for the court by state bodies that monitor employers’ compliance with labor law, in particular, the Department of State Labor Inspection of the Ministry of Labor and Social Protection. If necessary, our lawyers will help prepare documents for the court and represent your interests in court for an optimal resolution of the dispute.

Special procedure for the consideration of labor disputes

In a special order, the Ministry of Foreign Affairs of Belarus and the Ministry of Labor and Social Protection consider labor disputes between employees — Belarusian citizens who work in diplomatic missions and consular offices, these missions and institutions.

In companies where a trade union has been established, labor disputes between employees who are members of the union and the employer can be considered by the Labor Dispute Commission (LDC) before the court.

When Does an Employment Contract Begin Under Belarusian Law?

Under Article 25 of the Belarusian Labor Code, an employment contract takes effect on the start date agreed by the parties. But often, workers begin duties before paperwork is finalized.

Many employers and employees overlook this rule, which often sparks disputes over delayed final pay. Under Article 78, if the employer is at fault for late payment, the employee can claim average earnings for each day of delay, or a proportional amount if only part of the sum was withheld.

These penalties apply only when the delay is due to the employer’s fault. Calculations are based on the rules set out in the official Instruction on Average Earnings approved by Belarus’ Ministry of Labor. Careful compliance protects both parties from costly legal consequences.

Reinstatement: A Common Employment Dispute

Reinstatement of a dismissed employee is one of the most typical—and challenging—labor disputes in Belarus. An employee may contest their dismissal by applying to the company’s labor commission (if it exists) or directly to the court.

These cases are tough for employees because employers usually hold stronger documentary evidence of misconduct. It’s not uncommon for employers to prepare memos or statements retroactively to build a case.

However, such “proof” can often be challenged. Employees may present alternative evidence, like phone records showing their location, photos, or testimony from independent witnesses not tied to the employer.

For employers, reinstatement comes with serious consequences. They may have to pay average earnings for the entire period of forced absence plus compensation for emotional distress.

It’s a critical reminder for employers to handle dismissals strictly by the book. Even if an employee clearly violated rules, improper procedures can lead a court to order reinstatement along with costly financial penalties.