Probation Period in Belarus: Duration and Nuances

Probation is an important stage of the employment relationship, allowing both the employer and the employee to assess compliance. In Belarus, the state regulates the procedure for establishing and extending probation, but the application of probation has some important nuances.

In this article, we will examine the length of probation in Belarus and key aspects related to its establishment, modification, and termination, including early dismissal and dismissal after and during probation. Understanding these processes will help both parties manage their rights and responsibilities more effectively and avoid possible disputes and misunderstandings.

General Information about the Probation Period in Belarus

The probation period is a period of up to three months, defined in the employment contract (agreement) concluded with the employee when applying for a job. The minimum duration of the probation period has not been determined; it may be one working day. The probation period has nothing to do with the duration of the employment contract. The condition of the employment contract that establishes a probation period is called the “pre-trial condition.” 

A probation period cannot be set after hiring an employee or when transferring an employee to another job or position.

The purpose of the probation period is to determine the employee’s compliance with the work. For this purpose, sometimes they do not conclude an employment contract with an employee but hire them under a civil contract (for the performance of work, services, or a contract). However, this is not suitable for all companies, as there are tasks for which only an employment relationship is possible.

In Belarus, hiring employees with a condition of pre-trial without payment of wages is impossible.

During the probation period, the employee obeys the same labor regulations as other employees, undergoes an internship or training, performs work tasks on a general basis, and receives a salary. The employer also pays mandatory social and insurance contributions for the employee and income tax on his salary.

There are no restrictions on the positions and professions for which a probation period is set. It can be set for any profession or position. However, there are categories of workers who cannot be pre-tested. 

Why is it Important to Know about the Length and Nuances of the Probation Period

It is important for both the employee and the employer to know about the length and nuances of the probation period in Belarus for several reasons:  

1. Legal Protection

The probation period is a period of verification of an employee’s compliance with the employer’s requirements, and its conditions are regulated by the Labor Code of Belarus. Knowing your rights and obligations allows you to avoid illegal actions on the employer’s part, such as extending the probation period without justification or dismissal in violation of the procedure.  

2. Career Planning 

An employee who is aware of the length of the probation period can better plan their actions during this period. For example, they can try to show their professional skills and adapt to the company’s requirements to increase their chances of successfully completing the test.  

3. Terms of Dismissal of the Contract

During the probation period, the dismissal procedure is simplified for the employee and the employer. An employee can cancel the contract with three days’ notice, and the employer can dismiss the employee with three days’ notice and reasons. It makes the test period important for assessing mutual compliance.  

4. Minimizing Risks

Probation is a way for employers to avoid lengthy commitments with unsuitable candidates. For employees, it is an opportunity to understand whether the working conditions and atmosphere are suitable. Knowing the specifics of the probation period helps both parties minimize potential risks.  

5. Nuances for Certain Categories 

Belarus legislation stipulates that probation is not established for certain categories of employees (for example, young professionals and disabled people). Knowing this is important to protect one’s rights or to properly organize a personnel policy.  

By understanding the nuances of the probation period, you can better prepare for the start of work, competently establish communication with the employer and avoid legal problems.

Probation Period Features

The specifics of the probation period are not related to the working conditions during this period but to the possibility of quick dismissal. There are other features as well:

1. During this period, the employee may resign or be dismissed without unnecessary formalities. Also, during this period, you can resign or dismiss an employee on other grounds provided by the Labor Code.

2. During the probation period, the employer may not pay bonuses or provide the employee with bonuses to which those employees who have completed the probation period are entitled.

3. The employer may terminate the employee’s probation period ahead of schedule and recognize the employee as having passed the probation. It is usually ordered.

4. Probation cannot be imposed on certain categories of employees.

5. The probation period record is not entered in the employee’s workbook along with the employment record.

Who is Not Allowed to set a Probation Period

No matter how much the employer would like it, it is forbidden to establish a probation period in employment contracts for some employees, which include:

• Employees under the age of 18.  
• Young professionals who have been sent to work from an educational institution for compulsory placement training.  
• Persons with disabilities.  
• Temporary and seasonal workers.  
• Employees are hired through competitive selection.  
• When transferring an employee to another employer or another region.  

If an attempt is made to establish a probation period in an employment contract with such categories of employees, this condition will be considered invalid. Moreover, the employer will face the risk of fines from regulatory authorities.

Periods that are Not Included in the Probation Period

Some periods when an employee was not working are excluded from the probation period. It means that the trial will be extended for the following periods:

• The temporary disability certificate confirms the time of the employee’s illness. The doctor issues such a document to the employee.
• The time of performing government duties. Documents from government agencies confirm such periods. For example, this is a summons to the military enlistment office or the court on summons.
• Vacation time at your own expense. This period confirms the employer’s order to grant the employee leave without pay.

How to Get Dismissed during Probation

Both the employee and the employer can terminate the employment relationship during the probation period or on the day of its dismissal. However, if an employee has worked for at least one day after the end of the probation period, he cannot be dismissed because he did not pass the probation. In Belarus, employees are not paid severance payments or compensation for dismissal due to non-completion of probation. Still, they are paid wages for time worked and compensation for unused vacation days that fall on time worked.

Dismissal during the Probation Period

To resign or be dismissed during the probation period, you must notify the other party of the employment contract in writing three days before the desired date of dismissal. Writing means making a statement on paper or sending a message in a corporate messenger if the company uses this type of communication.

Dismissal on the Day of the End of the Probation Period

Resigning or dismissing an employee on the day of the end of the probation period is enough to express your desire on that day. Usually, an employee writes a letter of resignation, and the employer issues a dismissal order after a preliminary conversation with the employee.

Justification of the Reasons for Dismissal

When the initiator of the dismissal is an employee, he does not need to justify the reasons for the dismissal.

If the initiative to dismiss comes from the employer, it is recommended to justify in writing the reasons why the employee was found to have failed the test. This justification is useful since the employee can appeal the dismissal to the court. The justification (the reasons why the employee was found to have failed the test) is given in the dismissal order. The order is issued based on reports and other documents from the employee’s immediate supervisor. 

Specifics of Payments upon Dismissal due to Non-Completion of the Probation Period

Payments to an employee upon dismissal during the probation period are made in the standard manner:

The employee is settled no later than the date of dismissal. If the employee did not work on the day of dismissal or the day of dismissal is the last day of the probation period, then theoretically, you can not pay the employee before he demands payment. However, usually, the employee is credited with his earnings for the time worked before the dismissal without waiting for the payment requirement. Late payments upon dismissal are a risk of litigation and a fine.

dismissal payments include:

• Wages for time worked.
• Compensation for unused vacation time.
• Other payments, if they are provided for in the employment contract with a preliminary trial.

If a bonus is decided to be paid to an employee, it is paid not on the day of dismissal but on the date of wage payment to all company employees.

Conclusion

Summing up, it can be noted that probation in Belarus is an important tool for both the employer and the employee. The pre-trial period is limited to 3 months, and its minimum duration has not been determined. The preliminary test allows the parties to an employment contract to assess compatibility and compliance with each other’s expectations. However, various nuances related to the establishment and application of probation should be considered, such as the maximum duration, the prohibition of probation for certain categories of employees and the specifics of the registration of an employment contract. 

Proper use of the probation period contributes to creating a healthy working atmosphere and confidence in professional relationships, which is the key to successful cooperation.