Employer of Record Guide in 

Belarus

Vacation Leave

• Minimum Entitlement: 24 calendar days annually
• Accrual: Begins from the first day of employment
• Usage: Available after 6 months of employment
• Payment: Based on average earnings, paid 2 days before leave begins
• Termination: All unused leave must be paid out

Sick Leave

Note: Research shows conflicting sick leave payment rates. Please verify current regulations.

• Duration: Up to 30 days of paid sick leave
• Payment Rate: 80% of pay for first 12 days, then 100% (some sources indicate possible 70% variation)
• Medical Certificate: Required from an authorised healthcare institution

Maternity Leave

• Duration: 126 calendar days total
  • 70 days before birth
  • 56 days after birth
• Extended Leave: 140 days for complications or multiple births
• Payment: Fully paid by state social insurance
• Additional: Up to 3 years unpaid childcare leave with job protection

Parental Leave

• Paternity Leave: 14 calendar days within 6 months of birth
• Childcare Leave: Up to 3 years unpaid (available to either parent)
• Job Protection: Maintained throughout leave period

Bereavement Leave

• Duration: 2 days paid leave (some companies may provide 3 days)
• Eligibility: Death of close family member
• Payment: Full salary maintained

Personal & Family Leave

• Sick Child Care: Paid leave available for children under 14 (or disabled children under 18)
• Other Personal Leave: Subject to employer approval and may be unpaid

Summary

Termination Types

Termination With Cause:

• Systematic failure to perform duties
• Absenteeism (3+ hours without justification)
• Intoxication at work
• Theft or misconduct

Termination Without Cause:

• Limited to company liquidation or redundancy situations
• Cannot be used for arbitrary dismissal

Constructive Dismissal:

• Available when employer violates labour laws or contract terms

Notice Period Requirements

Severance Pay

• Liquidation/Redundancy: Minimum 3 months' average salary
• Unsuitability/Employer Violation: Minimum 2 weeks' average salary
• Not Required For: Mutual agreement, contract expiration, misconduct dismissal

Probationary Periods

• Maximum Duration: 3 months
• Contract Requirement: Must be explicitly stated in written employment contract
• Termination: Either party may terminate with 3 days' written notice

Final Pay Requirements

• Timeline: Payment must be made on the dismissal day
• Inclusions: Outstanding salary, unused vacation pay, any contractual bonuses

Termination Documents & Process

Required Documents:

• Written termination notice
• Dismissal order
• Return of labour book to employee

Process Requirements:

• Trade union consultation may be required for redundancy situations
• Proper documentation of cause for dismissal

Anti-Discrimination & Retaliation Laws

Protected Categories:

• Pregnant women
• Employees on sick leave or maternity leave
• Employees who file complaints or participate in legal proceedings

Prohibited Actions:

• Retaliation for filing complaints
• Discrimination based on sex, race, national origin, language, property status, age, residence, religion, or political beliefs

National Holidays

Belarus observes 9 national public holidays:

Working on Statutory Holidays

• Employee Consent: Required for holiday work
• Formal Order: Employer must issue written work order
• Compensation: Double rate (supplementary payment plus regular salary)
• Alternative: Additional unpaid rest day instead of premium pay

Required Documents for Employment

Employment Contract:

• Must be written in Russian or Belarusian language
• Include job title, duties, salary, working hours, benefits

Employee Documentation:

• National ID or passport
• Labour book (employment history record)
• Education certificates
• Social security certificate
• Medical certificate (if required for position)

Foreign Workers:

• Work permit required (except citizens of Russia, Kazakhstan, Armenia, Kyrgyzstan)
• Additional documentation for visa and residence permits

Language Requirements

• Official Languages: Belarusian and Russian
• Documentation: All employment documents must be in official languages
• Workplace Communication: Russian is predominantly used in business settings

Background Checks & References

• Legal Basis: Permitted with employee written consent
• Common Checks: Employment history, education verification, criminal records
• Government Positions: May have additional industry-specific requirements
• Process: Must comply with personal data protection laws

Data Protection & Privacy

Belarus follows the "On Personal Data Protection" law (November 2021), which includes GDPR-similar principles:

• Employee Rights: Information access, correction, consent withdrawal
• Employer Obligations: Secure data handling, purpose limitation, consent requirements
• Cross-Border: Special considerations for international data transfers

IP Assignment & Confidentiality

• IP Ownership: Complex rules require specific contract clauses to ensure employer ownership
• Non-Compete: Generally unenforceable except within Belarus High-Tech Park
• Confidentiality: Standard confidentiality clauses are enforceable and recommended

Probation Period Setup

• Maximum Duration: 3 months
• Contract Requirement: Must be explicitly stated in employment contract
• Termination Rights: Simplified termination process during probation (3 days' notice)

Onboarding Timeline

Worker Classification: Employee vs. Contractor

Proper classification is critical in Belarus to avoid penalties and ensure compliance:

Employee Indicators:

• Works under employer subordination and control
• Has set workplace and fixed working hours
• Integrated into company operations
• Uses employer-provided tools and equipment

Contractor Indicators:

• Works independently with minimal supervision
• Provides own tools and workspace
• Bears financial risk for work outcomes
• Not integrated into regular business operations

Misclassification Penalties:

• Unpaid taxes and social contributions
• Government fines and penalties
• Potential criminal liability for systematic violations

Unionisation & Collective Agreements

• Constitutional Right: Workers have the right to form and join trade unions
• Collective Agreements: Common and play significant role in labour relations
• Consultation: Employers may need to consult unions for major employment decisions
• Industry Standards: Some sectors have strong collective bargaining traditions

Cultural Norms & DEI Expectations

Work-Life Balance:

• 40-hour work week is legally protected and culturally respected
• Overtime should be exceptional, not routine
• Vacation time is valued and typically fully utilised

Communication Style:

• Formal and respectful communication expected
• Hierarchy is important in decision-making processes
• Direct but polite feedback is appreciated

Diversity & Inclusion:

• Inclusive workplace culture is increasingly valued
• Cultural fit and team harmony are emphasised
• Anti-discrimination laws provide legal framework

Remote Work Considerations

Remote work is regulated under Belarus's updated Labour Code:

Legal Requirements:

• Must be formalised in employment contract
• Employer obligations include equipment provision and safety instruction
• Regular performance monitoring and communication protocols required

Cross-Border Remote Work:

• Complex legal and tax implications
• Requires expert legal advice for international arrangements
• May trigger additional compliance requirements

Equipment & Expenses:

• Employer typically responsible for providing necessary work equipment
• Home office setup and utility costs may be reimbursable
• Clear policies should define expense responsibilities

What We Handle

Borderless AI manages all aspects of Belarus employment compliance:

• Employment contract preparation in required languages
• Payroll processing and tax compliance
• Social contribution management
• Labour book registration and maintenance
• Ongoing regulatory compliance monitoring
• Local legal representation and support