Probation Period in Belarus: Duration and Nuances

Probation is one of the essential elements of an employment relationship and plays a vital role for both the employer and the employee. In Belarus, the legislation provides for certain features of the probation period. In particular, its establishment, duration, as well as the grounds and procedure for termination of an employment contract during the probation period. In the article, we will consider the key features of probation in labour relations in Belarus and provide helpful information about the rights and obligations of the parties in the case when there is a probation clause in the employment contract.

What is a probation period?

You can check the professionalism of a new employee during the probation period. This is the period defined in the employment contract and during which it is possible to terminate the employment relationship without several formalities. Such a condition of the employment contract is called the “pre-trial condition”. When there is no such condition in the employment contract, the test cannot be established after the fact, after hiring an employee. In this case, it is considered that the employee has not been placed on probation.

Some features of the probation period:

1. It is installed only when applying for a job. Subsequently, the probation period is not set, including when transferring to other positions
2. A probation period may be established in an employment contract, regardless of the period for which it is concluded, including in the contract. 
3. The probation period may not be set for all employees. The State prohibits certain categories from setting a probation period.
4. Part-timers can be put on probation.
5. Often, the employer sets the minimum possible wage during the probation period. Also, the company’s provision on bonuses and other social “buns” may not apply to employees during the preliminary test.
6. The probation period established in the employment contract can be shortened. Usually, the immediate supervisor of an employee who has performed well initiates the reduction. It is also possible to extend the probation period, provided that the total period is not more than three months.
7. An entry is not made in the employee’s work record that the employee has been hired with the condition of a preliminary test.
8. During the probation period, you can resign by agreement of the parties and on other grounds that are allowed.

Duration of the probation period

The probation period is set in the employment contract in days, weeks, or months. 
The probation period can be set for no more than 3 months. A longer period violates the rights of employees, can worsen the employer’s reputation, and can attract the attention of regulatory authorities. 
The minimum duration of the probation period has not been determined. It may be several days. 

What periods are not included in the probation period

There are several time periods that are excluded from the duration of the probation period. The probation period is extended for periods when the employee did not do his job or was absent for the following reasons:

• Illness, confirmed by a medical document.
• Performance of public duties. For example, participation in a lawsuit.
• Vacation at your own expense.

What is the benefit of a probation period?

Probation in an employment relationship has several positive aspects and benefits for the employer and the employee. Here are a few advantages of the probation period:

For the employer:

• An opportunity to evaluate a new employee’s professional skills and qualities before moving on to a regular job.
• The ability to check whether an employee meets the requirements of the position and work responsibilities.
• The opportunity to make a decision on the extension or termination of the employment relationship before the end of the probation period in case of non-compliance with expectations.

For an employee:

• An opportunity to get acquainted with the place of work, the team, working conditions and corporate values before making a final decision on employment.
• An opportunity to assess how the position corresponds to his professional skills and expectations.
• The opportunity to receive feedback from the employer about their work and mistakes made.

Thus, probation in an employment relationship is an important tool for both parties. It helps them make a more informed choice when concluding an employment contract and reduces their risks in case of non-compliance with expectations.

Who is not allowed to set a probation period

The employer usually initiates the probation period. Therefore, it is important to understand that there are certain categories of employees who cannot be put on probation:

• Employees under 18 years of age.
• Young professionals are sent to work by an educational institution for mandatory training.
• People with disabilities.
• Temporary and seasonal workers.
• Employees who are hired through a competition.
• In case of transfer of an employee to another employer or to another locality.

However, if a probation period is established in the employment contract with such employees, then such a condition will be invalid. In addition, the employer risks being fined by the regulatory authorities.

Features of dismissal during the probation period

During the probation period, you can quickly quit both the employee himself and the employer can decide to quit. The initiative to dismiss can come from both the employer and the employee. The term of dismissal in this case may be a day or three days. Dismissal due to non-completion of the probation period is also possible when the employee is on vacation or sick leave.
At the same time, an entry is made in the workbook about dismissal in connection with the termination of an employment contract with a preliminary test.
In what time frame can I quit or be fired when an employee is on probation:
Each of the parties to the employment contract – the employee or the employer – can terminate the employment relationship in one of the following ways:

• Method 1.
  Notify the other party of the employment contract in writing about the dismissal three days in advance. If it is customary for a company to exchange electronic documents, then you can notify them electronically. 
• Method 2.
  On the day when the pre-trial period ends.

Are the reasons for dismissal important

An employee who initiates dismissal during the probation period is not obligated to justify this action with any reason or circumstances. 
The reasons for dismissal are essential when the employer initiates dismissal due to the non-completion of the probation period.
The employer justifies the dismissal by not passing the probation period. This is usually confirmed by documents: reports of the employee’s immediate supervisor and acts of the commission. These documents must confirm the non-fulfilment or untimely completion of work tasks, the employee’s insufficient qualifications, and the poor quality of his work. 
In the dismissal order, it is necessary to explain why the decision to recognize the employee as not having passed the probation period was made.

Can I be fired due to non-completion of the probation period if it has already ended

After the end of the probation period, the employment contract automatically continues. You do not need to issue separate documents and change the employment contract to do this. Accordingly, after the end of the probation period, an employee can be dismissed for other reasons unrelated to failure to pass the test. An employee can also initiate dismissal on other grounds unrelated to probation.

What should the employer do after the employee is fired

After the dismissal of an employee who has not passed the test for employment, you need to do several mandatory actions:

1. Final calculation
You need to pay off the employee no later than the date of dismissal. This is usually the last working day of an employee unless he is ill and on vacation. If an employee was not present at work on the day of dismissal and did not receive his money, he has the right to demand their payment in writing. In this case, the company must settle with the employee no later than the next day after receiving such a request from him. Mandatory payments on the day of dismissal include:

• Wages
• Compensation for unused vacation, calculated in proportion to the time worked.
• Other payments are provided for in the employment contract with the employee. 

Suppose the employer decides to pay an employee a bonus for the reporting period he worked after his dismissal. In that case, this must be done no later than the date of payment of salaries to all employees of the company.

2. Inform the military enlistment office
When a conscripted employee is dismissed by agreement of the parties, the employer must send information to the military enlistment office within a month.

3. Transfer the documents to the archive
When an employee has a personal file, you need to transfer it to the company’s archive.

4. Inform the Social Protection Fund
Send a particular document to the Social Protection Fund with information about the employee’s dismissal.

5. Notify the social protection authorities about the vacancy
It is necessary to notify the social protection authorities about the vacancy, indicating the working conditions and the amount of wages, if a new employee is not accepted for the vacancy within 5 days after the employee’s dismissal. In this case, the social protection authorities will need to be notified about the closure of the vacancy. If a new employee is accepted for a vacancy before the end of 5 days, then you do not need to notify the social protection authorities.