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.
Which labor disputes most often arise on the initiative of an employee
At the initiative of an employee, labor disputes most often arise when:
- An employee demands payments from the company that he did not receive during work. For example, the amount of unpaid wages, compensation for unused vacation.
- An employee demands to recognize himself as an employee of the company if he works, but an employment contract has not been concluded with him. The employee has three months to go to court before being fired.
- After dismissal, an employee demands to be reinstated at work, change the reason for dismissal, and pay the average salary for the time of forced absenteeism. Such disputes most often arise with employees who were fired at the initiative of the company. In such disputes, the dismissed employee must apply to the court within one month from the date of dismissal.
- An employee who has been accepted temporarily requires an indefinite extension of the employment relationship. Such disputes may arise, for example, when the HR department did not issue a timely dismissal after the term of the contract concluded with the employee ended and the employee continues to work.
- Disputes about the refusal to conclude an employment contract with an employee. Such disputes arise with employees with whom employers are required to conclude employment contracts: with those invited to work by letter of transfer from another employer, with graduates who are sent for distribution (young specialists), with government employment agencies sent to work on account of reservations, etc. Any person can initiate such a dispute when he believes that he has been illegally denied employment.
Labor disputes on the initiative of an employee are considered by a district or city court at the location of the employer or its branch.
A number of labor disputes with employees and former employees can be prevented if the personnel service documents are processed efficiently. Our experts will help you with this, who quickly and confidentially conduct a personnel audit of documents in the company.
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.
A dispute with an employee about compensation for harm is considered by the court when:
- The amount of damage is more than three average monthly salaries.
- The employer missed two weeks to recover the amount of damage from the salary, which is less than three average monthly salaries of the employee.
- The employee does not agree with the amount that the employer wants to collect. The employee has already quit and refuses to pay damages. The dismissal of an employee does not prevent the recovery of the amount of damage from him.
- The damage caused to the company by its hired head, the owners of the company can recover in court. In this case, the documents are sent to the court at the place of residence of the employee or at the place of harm to the employer.
Our experts will help determine the amount of damage that can actually be recovered, prepare the necessary documents for recovery and represent the interests of the client when considering the dispute.
Labor disputes involving government agencies
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.
Contact us
If you have any questions in the field of labor law – we will be happy to help you! Our experience in the field of labor law will allow you to solve your issues in the shortest possible time.
Phone and email communication options are available for your convenience:
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