Compensation for Unwarranted Termination Approved in Belarus - Amount Considerably Hefty
In a significant ruling, a Belarusian court has determined that an employer acted illegally in dismissing a woman from a managerial position in a state organisation related to physical culture and sports. The plaintiff, who had been employed since April 2020, with her contract extended until March 31, 2025, was offered a position as deputy head in an education branch following a reorganisation, which she declined due to it being a demotion.
Key Aspects of Belarus Labor Laws
Belarus's labor laws emphasize providing adequate notice and ensuring that dismissals are conducted fairly and legally. Employers must adhere to these regulations to avoid legal repercussions, especially during restructuring or when dealing with employee transfers.
Employee Dismissals
The Labor Code in Belarus specifies grounds for termination, including organizational restructuring. Employers must provide a minimum notice period of one month for dismissals. For employees who have served more than five years, the maximum notice period can extend to three months. The minimum severance payment is typically two weeks' worth of the average salary, as outlined in employment contracts.
Organizational Restructuring
During organizational restructuring, employers must follow legal procedures outlined in the Labor Code, including providing adequate notice and sometimes involving consultations with employee representatives or unions. The process typically involves a formal assessment of the need for restructuring and must comply with legal requirements to avoid disputes.
Refusal to Transfer
Refusal to transfer can be a complex issue. In Belarus, if an employee refuses a reasonable transfer that is part of their employment contract or job description, it might be considered a legitimate reason for termination. However, this would need to be handled in accordance with the Labor Code and any applicable employment contracts.
Compensation for Illegal Dismissals
The Labor Code in Belarus provides protections against illegal dismissals, including those not based on legitimate grounds or without proper notice. In cases of illegal dismissal, employees may be entitled to reinstatement or compensation, which can include back pay and other statutory benefits as determined by the courts.
The Court Case
In this particular case, the court ruled that the employer acted illegally by offering the plaintiff a lower position following the reorganisation. As a result of her refusal, she was dismissed with a two-week severance payment. The plaintiff argued that her dismissal should have been handled as a redundancy, not as a refusal to transfer.
The court case has concluded, and the employer's appeal was rejected. The court ordered the employer to pay the plaintiff compensation of ten average monthly wages, amounting to nearly Br32,400. The plaintiff has accepted the verdict of the court.
This ruling serves as a reminder to employers in Belarus to carefully consider their actions during organizational restructuring and to ensure that they follow the provisions outlined in the Labor Code to avoid legal disputes and potential penalties.
- Although the Labor Code in Belarus allows for employee transfers as part of organizational restructuring, the court determined that the employer acted illegally by offering a lower position to the plaintiff, leading to her dismissal.
- In the recent court case, the employer was ordered to pay the plaintiff compensation of ten average monthly wages as a result of the illegal dismissal, highlighting the importance of adhering to Belarus's labor laws during organizational restructuring to avoid legal consequences.
