Organizations that a foreigner can contact in case of violation of their labor rights

Ensuring the rights and freedoms of citizens of the Republic of Belarus is the supreme goal of the state.

Foreign citizens and stateless persons (hereinafter referred to as foreigners) enjoy rights in the Republic of Belarus on an equal footing with citizens of the Republic of Belarus, except in cases established by law.

Everyone has the right to protect their labor rights and freedoms by all means not prohibited by law. In this regard, foreigners working in Belarus can fully use those legal means of protecting workers' rights provided for by Belarusian legislation.

The main ways to protect labor rights and freedoms are:

• the employee's refusal to perform the assigned work in cases provided for by law;
• protection of labor rights and legitimate interests of employees by various organizations and state bodies.

For the purpose of self-defense of labor rights, an employee has the right to refuse to perform the assigned work (service):

• in case of an immediate danger to the life and health of the employee and others until the elimination of this danger;
• failure to provide the necessary personal protective equipment directly ensuring labor safety;
• suspension and prohibition of work by authorized supervision bodies (Articles 9 of the Law of the Republic of Belarus "On Labor Protection" and 223 of the Labor Code of the Republic of Belarus).

When refusing to perform the assigned work for the above reasons, the employee must immediately inform the employer or the authorized official of the employer in writing about the motives for such refusal, and comply with the rules of the internal labor regulations, except for performing the above-mentioned work.

Before the violations are eliminated or a new workplace is created, the employee must be provided with other work corresponding to their qualifications, or, with their consent, work with pay not lower than the average earnings for the previous work for a period of up to one month. If necessary, the employer must provide training for the employee in a new profession (specialty) at their own expense, while maintaining the employee's average earnings during the retraining period.

If the employee's health condition deteriorates due to working conditions, loss of professional ability to work due to an accident at work or an occupational disease, the employer is obliged to provide the employee, with their consent, with work in accordance with a medical заключение or to provide for the employee's training in a new profession (specialty) at the expense of funds provided for compulsory insurance against accidents at work and occupational diseases, while maintaining the employee's average earnings during the retraining period, and, if necessary, their rehabilitation.

A person working under a civil contract has the right to refuse to fulfill the civil contract in full or in part if the employer has not created the conditions provided for by the civil contract or has created them improperly.

Foreigners can seek protection of their labor rights in the Republic of Belarus from:

1. the prosecutor's office,
2. the Department of State Labor Inspection of the Ministry of Labor and Social Protection of the Republic of Belarus,
3. a trade union,
4. a labor dispute commission,
5. a court.

The main state bodies that exercise control over compliance with labor rights are the prosecutor's office and the Department of State Labor Inspection of the Ministry of Labor and Social Protection of the Republic of Belarus (hereinafter referred to as the Department).

Trade unions (hereinafter referred to as Unions) exercise public control over compliance with labor legislation.

Individual labor disputes on the application of labor legislation, collective agreements, and agreements are considered by labor dispute commissions and courts.

Appealing to the prosecutor's office

The prosecutor's office supervises the enforcement of legislation, including labor and employment.

If an employer violates labor legislation, an employee can file a complaint with the prosecutor's office.

The prosecutor's office conducts inspections of the employer for violations of legislative requirements, as a result of which the prosecutor issues mandatory orders, instructions, and official warnings. Also, the employer and their officials may be held disciplinarily or administratively liable for violating labor legislation.

The prosecutor has the right to apply, in cases provided for by legislative acts, to the court with applications (claims) to protect the rights and legitimate interests of citizens, including in labor matters.

The requirements for appealing to the prosecutor's office do not differ from the general requirements imposed by legislation on appeals of citizens to state bodies.

Appeals to the prosecutor's office can be individual (filed by one person) or collective (filed/signed by a group of people).

The appeal can be made in writing, orally during a personal meeting, or sent electronically.

Requirements for appeals:

• Appeals are written in Belarusian or Russian.
• Written appeals from citizens must contain:
  • the name and/or address of the organization or the position of the person to whom the appeal is sent;
  • the surname, first name, patronymic (if any) or initials of the citizen, the address of their place of residence (stay) and/or place of work (study);
  • a statement of the essence of the appeal;
  • the personal signature of the citizen (citizens).
• The text of the appeal must be readable. Handwritten appeals must be written in a clear, legible handwriting. The use of obscene or offensive words or expressions in appeals is not allowed.
• Written appeals submitted by representatives of applicants must be accompanied by documents confirming their authority.
• Appeals must contain information about the results of their previous consideration, with the attachment (if available) of documents confirming this information.

Applicants may submit applications and proposals without any time limit. Complaints may be submitted by applicants within three years from the day they became aware or should have become aware of the violation of their rights, freedoms, and/or legitimate interests. If this period is missed for a valid reason (serious illness, disability, long-term business trip, etc.), the presence of which is confirmed by appropriate documents submitted by the applicant, this period may be restored by decision of the prosecutor.

Written appeals must be considered within 15 days, and appeals requiring additional study and verification – within one month, unless a different period is established by legislative acts.

An applicant has the right to withdraw their appeal before it is considered on the merits by submitting a corresponding written statement.

A response to leave an appeal without consideration on the merits may be appealed to a higher organization (regional prosecutor's office, General Prosecutor's Office).

A response to leave an appeal without consideration on the merits, after appeal to a higher organization, may be appealed to the court in the manner established by law.

A response to a complaint to a higher organization may be appealed to the court if a new decision is made in the consideration of this complaint, relating to the competence of the relevant higher organization.

For convenience, when sending electronic appeals that are of significant volume, as well as appeals to which it is necessary to attach any file (documents, graphical, audio, video information, etc.), you should use the capabilities of email and send such appeals to the official email address of the General Prosecutor's Office info@prokuratura.gov.by.

Consideration of electronic appeals:

• Electronic appeals received by state bodies and other state organizations are subject to consideration in the manner established for the consideration of written appeals, taking into account the following features.
• Electronic appeals are stated in Belarusian or Russian.
• Electronic appeals from citizens must contain:
  • the name and/or address of the organization or the position of the person to whom the appeal is sent;
  • the surname, first name, patronymic (if any) or initials of the citizen, the address of his place of residence (place of stay) and (or) place of work (study);
  • a statement of the essence of the appeal;
  • contain the email address of the applicant.

Electronic appeals submitted by representatives of applicants must be accompanied by electronic copies of documents confirming their authority.

If these requirements are not met, the electronic appeal may be left without consideration on the merits.

• Withdrawal of an electronic appeal is carried out by submitting a written statement or sending a statement in electronic form in the same way as the electronic appeal was sent.
• If personal data of the applicant or other persons, except those contained in the appeal, are needed to consider the electronic appeal on the merits, the applicant is invited to make an oral or written appeal.
• Responses (notifications) to electronic appeals are sent to the email address of the applicants specified in the electronic appeals.

Written responses are given (written notifications are sent) to electronic appeals in cases where:

• the applicant in his electronic appeal requests to send a written response or to simultaneously send a written response and a response to his email address;
• the electronic appeal specifies an email address to which the response (notification) could not be delivered for technical reasons.

More detailed information with addresses and phone numbers of the structural subdivisions of the prosecutor's offices of the Republic of Belarus is available at the link: http://www.prokuratura.gov.by/main.aspx?guid=10003

More detailed information on contacting the prosecutor's office is available at the link: http://www.prokuratura.gov.by/main.aspx?guid=10141.

Contacting the Department of State Labor Inspection of the Ministry of Labor and Social Protection of the Republic of Belarus

The Department is a specialized body responsible for supervising compliance with labor legislation and labor protection, identifying and suppressing violations of labor legislation and labor protection.

An employee can contact the Department with a complaint against the employer in case of violation of labor legislation by the employer. The Department has the right to inspect the employer, including the timeliness of wage payments, and issue binding instructions. In addition, the employer may be held administratively liable by the Department for violation of labor legislation.

There are no statute of limitations for filing a complaint with the Department, which allows employees to protect their violated rights regardless of how much time has passed since the violation.

Applications to the Department can be individual (filed by one person) and collective (filed/signed by a group of people).

An application to the Department can be made either in written or oral form during a personal meeting, or you can contact by phone or send an application electronically.

Contacts for contacting the Department:

Department of State Labor Inspection of the Ministry of Labor and Social Protection of the Republic of Belarus

Address: Pobediteley Avenue, 23, building 2, 220004, Minsk
phone/fax (017) 306 41 17
email depinsptr@mailgov.by
Working hours: from 9.00 to 18.00, lunch from 13.00 to 14.00
Director of the Department – Victor Sidorovich (8-017) 306 41 00
First Deputy Director of the Department – Alexander Semich (8-017) 306 41 01
Deputy Director of the Department – Head of the Labor Legislation Compliance Supervision Department – Alexander Novak (8-017) 306 41 02
вышестоящая организация:
Ministry of Labor and Social Protection of the Republic of Belarus (Pobediteley Avenue, 23, building 2, 220004, Minsk)

In addition, citizens can receive qualified legal assistance on issues related to the supervision of compliance with labor legislation and labor protection on weekdays (Monday – Friday) at the address:
Pobediteley Avenue 23, building 2, office No. 110 (from 08:00 to 13:00),
or by phone (8-017) 306-41-23.

Consultation of applicants is also carried out by phone at the information line of the Ministry of Labor and Social Protection of the Republic of Belarus:
8-(017)-309-9-309
from 9.00 to 10.30 on weekdays.

Contact information for the separate structural units of the State Inspection Department of the Ministry of Labor and Social Protection of the Republic of Belarus

More detailed information with addresses and phone numbers of the structural subdivisions of the State Labor Inspection Department of the Ministry of Labor and Social Protection of the Republic of Belarus is available at the link: http://www.mintrud.gov.by/ru/new_url_1971715946.

General requirements for appeals by citizens to state bodies are presented to the Department.

Requirements for appeals:

• Appeals are written in Belarusian or Russian.
• Written appeals by citizens must contain:
  • the name and (or) address of the organization or the position of the person to whom the appeal is sent;
  • the surname, first name, patronymic (if any) or initials of the citizen, the address of his place of residence (stay) and (or) place of work (study);
  • a statement of the essence of the appeal;
  • the personal signature of the citizen (citizens).
• The text of the appeal must be readable. Handwritten appeals must be written in a clear, legible handwriting. The use of obscene or offensive words or expressions in appeals is not allowed.
• Documents confirming their authority are attached to written appeals submitted by representatives of applicants.
• Applications must contain information about the results of their previous consideration, with the attachment (if available) of documents confirming this information.

Written applications must be considered no later than 15 days, and applications requiring additional study and verification – no later than one month, unless a different period is established by legislative acts.

The applicant has the right to withdraw their application before it is considered on the merits by submitting a corresponding written statement.

A response to leave an application without consideration on the merits may be appealed to a higher organization (the Ministry of Labor and Social Protection of the Republic of Belarus).

To conduct a check on a citizen's application (complaint, statement) to the Department, it is necessary to submit documents confirming the violations or facts contained in the application and justification for the need for verification. If the applicant does not have documents confirming these violations or facts, the applicant must submit a written consent to give testimony regarding the specified violations or facts.

About non-payment of wages as of the 1st of the month following the month of wage payment, you can report to the structural subdivisions of the State Labor Inspection Department by phone:

FOR INFORMATION: An application to the Department does not suspend the deadlines for filing a lawsuit (one month for dismissal disputes, three months for other disputes); in cases of ambiguity of violation, you should apply to the court with a statement of claim without waiting for a response to the complaint filed with the Department.

The Department, in accordance with the tasks assigned to it, performs the following functions:

• supervises the enforcement by state administration bodies, other state organizations subordinate to the Government of the Republic of Belarus, and employers of labor legislation and labor protection legislation;
• hears at the meetings of the Department's board authorized officials of state bodies, other state organizations subordinate to the Government of the Republic of Belarus, and employers on compliance with labor legislation and labor protection, receives explanations from them on the facts of detected violations;
• makes proposals in the established order to suspend or revoke regulatory legal acts, technical regulatory legal acts, local regulatory legal acts that contradict labor legislation and labor protection legislation;
• makes proposals to the relevant state bodies and employers to hold employees accountable, including officials who have violated labor legislation and labor protection legislation, up to and including their removal from their positions;
• monitors the work of state bodies, other state organizations subordinate to the Government of the Republic of Belarus, and employers to train managers and specialists on labor legislation and labor protection issues, and requires, if necessary, an unscheduled examination of knowledge on these issues;
• informs state bodies, other state organizations subordinate to the Government of the Republic of Belarus, prosecutor's offices, and employers about the results of inspections of compliance with labor legislation and labor protection legislation, if necessary, to take the necessary measures to eliminate the identified violations;
• in cases of identifying violations of labor protection requirements that threaten the preservation of life, health, and ability to work during the work process, informs state bodies that have the right to suspend the special permit (license), certification, accreditation, and revoke certificates and licenses to take action;
• participates in the acceptance of completed construction projects for industrial and social purposes, gives an opinion on the possibility of putting them into operation;
• requires, by issuing an order, amendments to be made to the technological documentation for industrial equipment and technological processes to bring them into compliance with labor protection requirements;
• conducts special investigations of industrial accidents and participates in the investigation of occupational diseases in the prescribed manner, and also supervises compliance by employers with legislation on the investigation and registration of industrial accidents;
• coordinates technical regulatory legal acts in the established order within the scope of its competence;
• supervises the provision of personal protective equipment to employees;
• analyzes violations of labor legislation and labor protection, industrial accidents, and makes proposals to prevent them in the established order;
• annually prepares a draft report to the Government of the Republic of Belarus on compliance with labor legislation and labor protection in the Republic of Belarus;
• receives members of the public and authorized officials of employers on matters within the competence of the Department;
• applies sanctions to employers and brings officials of employers who have violated labor legislation and labor protection to administrative responsibility in the manner prescribed by law;
• considers within its competence, in the manner prescribed by law, appeals (proposals, statements, complaints) from citizens, including individual entrepreneurs, and legal entities;
• promotes the study of labor legislation and labor protection by employers and employees;
• identifies cases of conclusion of civil contracts for the performance of work that, according to labor legislation, must be carried out on the basis of an employment contract, and notifies the prosecutor's offices of the identified violations of the legislation for taking necessary measures;
• establishes facts of violations of the law by legal entities and individual entrepreneurs providing work under civil contracts, the subject of which is the performance of work, provision of services and creation of intellectual property;
• imposes fines on legal entities and individual entrepreneurs who have violated the requirements for concluding and fulfilling essential terms of civil contracts, the subject of which is the performance of work, provision of services and creation of intellectual property, in the manner prescribed by law;
• interacts within the granted powers with state bodies and international organizations of foreign states on issues within the competence of the Ministry, represents the interests of the Ministry in these bodies and organizations, and also prepares for conclusion international interdepartmental agreements in the prescribed manner;
• performs other functions provided for by law.

More detailed information about contacting the Department of State Inspection of the Ministry of Labor and Social Protection of the Republic of Belarus is available at the link: http://www.mintrud.gov.by/ru/dep-gos-inspekcii-truda.

Trade Unions

The legislation of the Republic of Belarus enshrines the right of workers to associate to protect their rights and interests, namely, to form trade unions and join them.

A trade union is a voluntary public organization that unites citizens of the Republic of Belarus, foreign citizens, and stateless persons, including those studying at vocational, secondary specialized, and higher education institutions, who are connected by common interests in the field of activity in both industrial and non-industrial spheres, for the protection of labor, socio-economic rights, and interests.

Citizens of the Republic of Belarus have the right to voluntarily create trade unions of their choice, as well as to join trade unions subject to compliance with their charters.

Foreign citizens and stateless persons can join trade unions established and operating on the territory of the Republic of Belarus, if this is provided for in their charters.

Trade unions exercise public control over compliance with labor legislation.

The right of trade unions to represent and protect the social and labor rights and interests of employees is one of the fundamental rights of trade unions.

Employers (their associations), state bodies, economic entities, public associations, and officials must respect the rights of trade unions. These bodies and individuals are liable for violating the rights of trade unions or obstructing their lawful activities in accordance with the legislative acts of the Republic of Belarus.

Trade unions have the right, at the request of their members and other citizens, to file a claim in court to protect their labor and socio-economic rights and interests. For these purposes, trade unions can create trade union legal services and other bodies, the competence of which is determined by the charters of the trade unions and the acts of the legislation of the Republic of Belarus.

Trade unions protect the labor rights of their members, take part in the development of state employment policy, make proposals for the social protection of persons released from organizations, in accordance with the collective agreement (agreement) and the legislation of the Republic of Belarus.

Trade unions protect the labor rights of citizens who are members of trade unions when concluding or terminating employment contracts (contracts), acquaint newly hired employees with the contents of the collective agreement (agreement) and the charter of the legal entity.

When exercising public control in the form of inspections for compliance with the legislation of the Republic of Belarus on labor, legal labor inspectors of trade unions have the right, in the manner determined by the legislative acts of the Republic of Belarus, to require the employer, in the interests of the employee who is a member of the trade union, to change the terms of the employment contract (contract) in case of non-compliance of the employment contract (contract) with the legislation of the Republic of Belarus, the collective agreement (agreement).

When exercising public control in the form of measures to observe, analyze, and assess compliance with the labor and socio-economic rights of citizens (monitoring), participation in the work of collegial bodies, commissions, and other forms provided for by the legislation of the Republic of Belarus, collective agreements (agreements) not related to inspections (hereinafter referred to as public control in forms not related to inspections), trade unions have the right, in the manner established by the republican associations of trade unions, to issue a recommendation to the employer to eliminate identified violations of the acts of the legislation of the Republic of Belarus, the collective agreement (agreement).

In cases provided for by the legislation of the Republic of Belarus, termination of an employment contract (contract) at the initiative of the employer is carried out after prior notice, but not later than two weeks, to the relevant trade union. In cases provided for by collective agreements (agreements), termination of an employment contract at the initiative of the employer can only be carried out with the prior consent of the relevant trade union.

Liquidation or reorganization of organizations, their structural units, complete or partial suspension of production at the initiative of the employer, owner, or authorized management body, entailing the reduction of jobs or deterioration of working conditions, can only be carried out subject to prior notice (not later than three months) to the relevant trade unions and negotiations with them on the observance of the rights and interests of citizens.

Trade unions exercise public control over compliance with the legislation of the Republic of Belarus on labor protection in the manner prescribed by the legislation of the Republic of Belarus.

Trade unions have the right, in the manner prescribed by the legislation of the Republic of Belarus, to participate in the examination of the safety of working conditions of designed, under construction, and operated production facilities, as well as designed and operated mechanisms and tools, and in the certification of workplaces according to working conditions.

Trade unions have the right to participate in the development of state programs on labor protection issues, as well as regulatory legal acts regulating issues of labor protection, prevention of occupational diseases, and environmental safety.

When exercising public control in the form of inspections to ensure compliance with the legislation of the Republic of Belarus on labor protection, trade union technical labor inspectors have the right, in accordance with the procedure determined by legislative acts of the Republic of Belarus, to require the employer to eliminate violations of labor protection requirements that threaten the life and health of workers, and in case of an immediate threat to their life and health, to suspend the work carried out by this employer, including the activities of workshops (production sites), equipment, until the violations are eliminated.

When exercising public control in forms not related to inspections to ensure compliance with the legislation of the Republic of Belarus on labor protection, trade unions have the right, in the manner established by the republican trade union associations, to issue a recommendation to the employer on eliminating identified violations of the legislative acts of the Republic of Belarus, the collective agreement (agreement), labor protection requirements that threaten the life and health of workers.

Appeal to the labor dispute commission

A labor dispute commission may be created in the employer's organization.

Yes