Termination advice
We advise employers on the correct ground and procedure for terminating an employment contract or kontrakt – before any steps are taken.
Termination & Redundancy Disputes in Belarus
Licensed lawyers at AMBY Legal advise employers on lawful termination procedures and represent both employers and employees in dismissal disputes before Belarusian courts – including reinstatement claims and recovery of unpaid settlement amounts.
Our clients
Termination of Employment in Belarus
Termination of employment in Belarus is a formal process governed by the Labour Code. The grounds for dismissal are defined by law – an employer cannot simply decide to end an employment relationship without a lawful basis. The procedure must be followed precisely. And the final settlement must be paid on the last working day.
Errors in any of these steps create legal exposure. A dismissal on an unlawful ground, or with a procedural defect, can be overturned by a court – resulting in reinstatement, payment of average earnings for the full period of enforced absence, and compensation for moral harm. The cost of getting termination wrong is significantly higher than the cost of getting it right from the start.
AMBY Legal advises employers on lawful termination procedures and represents both employers and employees in dismissal disputes – from the initial assessment through to court proceedings and enforcement.
Grounds for Termination by the Employer
Belarusian law sets out the grounds on which an employer can terminate an employment contract or kontrakt. The most common grounds under Article 42 of the Labour Code are the following.
Liquidation of the organisation: When the company is being wound up entirely. All employees are subject to dismissal on this ground – no exceptions apply. A two-month notice period is required.
Redundancy – reduction of headcount or positions: When the employer needs to reduce the number of employees or eliminate specific positions. The employer must observe the preferential right to remain for certain categories of employees – those with higher productivity or qualifications have priority. A two-month notice period applies and severance pay is required.
Unsuitability for the position: When the employee does not meet the requirements of their role – confirmed by a certification procedure. The employer must offer the employee other available positions before dismissing on this ground.
Systematic failure to fulfil employment duties without good reason: When the employee has previously received a disciplinary sanction and commits another violation. Each disciplinary step must be correctly documented.
Single gross violation of employment duties: A one-off serious breach that justifies immediate dismissal – absence from work without good reason for more than three hours in a working day, appearing at work in a state of intoxication, theft, and similar conduct. The procedure for documenting and imposing the disciplinary sanction must be strictly followed.
Loss of trust: Applied to employees who directly handle money or material assets – cashiers, storekeepers – where conduct gives grounds to doubt their honesty. The facts must be established and documented.
For kontrakty: Additional grounds for early termination can be specified in the kontrakt itself – such as failure to achieve agreed performance indicators. These grounds must be clearly set out in the kontrakt to be enforceable.
Employment disputes in Belarus
Professional legal assistance in Employment disputes in Belarus.
Termination by Mutual Agreement
The cleanest and most flexible route to ending an employment relationship is mutual agreement – соглашение сторон. Both parties agree on the termination date and any additional terms – a severance payment above the statutory minimum, a release from post-employment obligations, or other agreed terms. The agreement should be in writing to avoid subsequent disputes.
Mutual agreement can be initiated by either the employer or the employee. There is no mandatory notice period – the parties agree the date. And the terms can be freely negotiated – within the limits of the Labour Code.
We advise on structuring mutual agreement terminations that are clean, documented and enforceable – and that do not create unintended liabilities.
Redundancy – The Correct Procedure
Redundancy dismissal – сокращение численности или штата – is one of the most procedurally demanding terminations under Belarusian law. The correct procedure is the following.
Decision and documentation: The employer takes a formal decision to reduce headcount or eliminate positions – documented by order.
Preferential right assessment: The employer identifies which employees have a preferential right to remain – those with higher productivity or qualifications. Where productivity and qualifications are equal, additional criteria apply – employees with two or more dependants, employees who are the sole breadwinner, employees who sustained a work-related injury with this employer, and others.
Two-month notice: Employees selected for redundancy must be given written notice at least two months before the dismissal date.
Offer of alternative positions: The employer must offer redundant employees any other available positions that match their qualifications. Only if no suitable position is available – or the employee refuses – can the dismissal proceed.
Trade union notification: Where a trade union exists, it must be notified at least two months in advance.
Severance pay: Redundant employees are entitled to severance pay of at least three average monthly salaries.
Employment service notification: The employer must notify the employment service of the redundancy.
Errors in any of these steps give the employee grounds to challenge the dismissal.
Our Services
Mutual agreement structuring
We draft mutual agreement termination documents – ensuring the terms are clear, binding and protect the employer's interests.
Redundancy procedure management
We manage the full redundancy procedure – from the initial decision and preferential right assessment through to notice, alternative position offers and final settlement.
Final settlement calculation
We calculate the correct final settlement amount – including all mandatory components – and advise on the payment procedure.
Employee defence
We represent employees in wrongful dismissal claims – assessing the grounds for challenge and pursuing reinstatement or compensation before the Belarusian courts.
Employer defence
We represent employers in reinstatement and wrongful dismissal claims brought by former employees – preparing the defence and representing the employer at court hearings.
Disciplinary procedure advice
We advise employers on the correct procedure for imposing disciplinary sanctions – ensuring the documentation supports a subsequent dismissal if required.
Why choose us
Labour Code expertise
We know the termination grounds and procedures under the Belarusian Labour Code – including the specific rules for kontrakty and the protected categories of employee.
Both sides
We represent both employers and employees in termination disputes – giving us a complete understanding of the arguments on each side.
Foreign employer focus
We regularly advise foreign companies on terminating Belarusian employees – including the interaction between termination and work permit cancellation for foreign employees.
Remote handling
We advise foreign employers entirely remotely – by power of attorney and video consultation where needed.
English-speaking
We work in English and Russian – essential for foreign employers navigating a process that operates entirely in Belarusian and Russian.
FAQ
Can an employer in Belarus dismiss an employee without a specific reason?
No. The grounds for dismissal by the employer are defined by law. An employer cannot terminate an employment relationship without a lawful ground – even with generous severance pay. Dismissal without a lawful ground is unlawful and can be overturned by a court.
What is the notice period for redundancy in Belarus?
Two months from the date the employee receives written notice. During this period the employee continues to work and receives full salary. The employer must also offer alternative positions during this period.
What severance pay is due on redundancy?
At least three average monthly salaries. Additional amounts may be specified in the contract or collective agreement. The calculation is based on average monthly earnings calculated over the preceding two months.
Can a pregnant employee be dismissed in Belarus?
Not on the employer’s initiative – except in the case of full liquidation of the organisation. Dismissal of a pregnant employee on any other ground – including redundancy or disciplinary grounds – is prohibited and will be overturned by a court.
What happens if the employer delays the final settlement payment?
The employer is liable to pay average daily earnings for every day of delay – in addition to the amounts already owed. There is no justification for delay – insufficient funds, the employee’s refusal to complete handover procedures, or any other reason does not excuse late payment.
How long does an employee have to challenge a wrongful dismissal?
One month from the date the employee received the dismissal order or the work record book with the dismissal entry. This deadline is strict – claims filed after one month are rejected unless there are exceptional circumstances justifying the delay.