Types of Dismissal and the Law

Dismissal is an important and often challenging process for both employers and employees. In the recruiting industry, understanding the different types of Dismissal and the relevant legislation is critical to ensuring that employee rights are upheld and the interests of companies are protected. In this article, we will look at the main categories of Dismissal, such as Dismissal by the employer, Dismissal by the employee, and Dismissal due to circumstances beyond the parties’ control. We will also discuss the legal aspects of each type and highlight key points that HR professionals and candidates should pay attention to when considering employment issues. By exploring these topics, we hope to help readers gain a deeper understanding of the Dismissal process and its legal basis, making them more informed participants in the labour market.

Why is it Important to Know about the Types of Dismissal and How They are Regulated

Knowledge of the types of dismissal and their regulation is of great importance for both employers and employees for several reasons:

1. Legal Protection

Understanding the different types of dismissal helps employees protect their labour rights. When employees are confident that the dismissal occurred by labour legislation, this minimizes the risk of illegal dismissal and the associated consequences.

2. Correct Execution

Employers’ knowledge of the types of dismissals and the procedures associated with them allows them to execute documents correctly, considering each situation individually. It helps to avoid legal errors for which fines or other sanctions may be imposed.

3. Planning the Consequences of Dismissal

Different types of dismissal (at the employee’s initiative, at the employer’s initiative, by agreement of the parties, etc.) can have other consequences, such as calculating compensation, ending the work experience for receiving pension payments, etc. Knowledge of these aspects allows the parties to plan their actions better.

4. Favorable Working Environment

Understanding labour laws can help create a more transparent and fair working environment. Employees will be confident that their dismissal will not happen unexpectedly or for unsupported reasons.

5. Reducing the Likelihood of Conflicts

Clarity in the dismissal rules helps reduce the likelihood of conflicts between employees and employers. When everyone knows their rights and responsibilities, misunderstandings and litigation are reduced.

6. Risk Analysis

Knowledge of the types of dismissal helps employers manage the risks associated with dismissing employees. It can also help plan HR policies and develop strategies to retain key employees.

Thus, knowledge of the types of dismissal and their regulation is an important part of the effective management of labour relations and ensures the protection of the interests of both parties.

Dismissal at the Initiative of the Employee

In Belarus, the Labour Code regulates dismissal at the employee’s initiative, which occurs when a resignation letter is submitted to the employer. Here are the main aspects to consider:

1. Employer’s Notice Period

The employee must notify the employer in writing one month before the dismissal date unless another period is specified in the employment contract. The period may be reduced for valid reasons, such as the need to care for a sick relative, study, relocate, etc.

2. Dismissal date at the Initiative of the Employee

The employee writes a letter of resignation of his own free will, indicating the desired Dismissal date of the employment contract. The employer is obliged to register the letter but can agree with the employee on an earlier date.

3. The employee’s Right to Withdraw the Letter

The employee can withdraw the letter before the dismissal day if another person who cannot be refused employment has not yet been invited to take his place.

4. Mandatory Payments upon Dismissal

On the last working day, the employee must be paid all amounts due: wages, compensation for unused vacation and other amounts due to him.

5. Documents Upon Dismissal

The employer must issue a work record book with an entry about dismissal and provide all necessary documents about the length of service and salary on the day of dismissal.

6. Special Cases

There are cases when an employee can resign within a shorter period (for example, due to non-payment of wages or deterioration of working conditions).

It is important to consider the provisions of the Labor Code of the Republic of Belarus and the company’s internal documents to comply with all formalities and protect employee rights.

Dismissal at the Initiative of the Employer

In Belarus, dismissal at the employer’s initiative is allowed only if legal grounds are listed in the Labor Code. The main ones include:

1. Liquidation of the organization or Dismissal of the activities of an individual entrepreneur.

2. Reduction in the number or staff of employees. The employer must notify the trade union (if any) and the employee of the dismissal at least two months in advance.

3. The employee is unsuitable for the position held or the work performed due to health reasons, confirmed by a medical report, or due to insufficient qualifications, confirmed by certification.

4. Failure to perform work duties without good reason. For this, the employee must have previously received disciplinary sanctions (reprimand, reprimand), which have not yet been removed – less than a year has passed since this disciplinary sanction.

5. A single gross violation of work duties.

Such violations include, among other things:

• Truancy (absence from work for more than three hours daily without a good reason).
• Showing up to work in a state of alcoholic, narcotic or toxic intoxication, using these substances during working hours or at the place of work.
• Serving an administrative arrest that interferes with the continuation of work.
• Theft of the employer’s property, which a government agency establishes.
• Violation of labour protection requirements if this resulted in injury or death of other employees.
• Сausing damage to the company in an amount that exceeded the average monthly salaries of employees in Belarus.

6. Absence from work for more than four months due to temporary disability (except for maternity leave). However, there is an exception—when an employee has lost his ability to work due to an industrial injury or occupational disease, his job or position is retained until his ability to work is restored or disability is established.

7. Causing damage by an employee to other persons in connection with the performance of work duties when this is established in a court verdict.

8. Violation of the established procedure for considering appeals from citizens and companies twice or more within 6 months.

9. Illegal prosecution of other persons.

10. Submission of incomplete or unreliable information to state bodies two or more times within 6 months.

Dismissal procedure at the initiative of the employer

When dismissing an employee at the employer’s initiative, a procedure must be followed. The employer must take the primary steps when dismissing an employee.

Step 1. Collect documents that confirm the reason for dismissal

To justify the reason for dismissal, the employer requires documents confirming a specific reason.

Step 2. Familiarize the employee with the documents and warn of dismissal (when necessary)

In the case of staff reduction or liquidation of the company, the employer is required to notify the employee in writing of the dismissal two months in advance. In other cases, the employer familiarizes the employee with the documents that confirm the reason for dismissal. Then, the employer draws up an order of dismissal and familiarizes the employee with it against signature.

Step 3. Make the necessary payments to the employee

When dismissing an employee, in some cases, severance pay is due. In all cases of dismissal, the employer pays the employee wages for the time worked and compensation for unused vacation on the day of dismissal. At the employer’s discretion, the employee may be paid a bonus.

Step 4. Issue a work book

On the day of dismissal (the last day of work), the employee is issued a work book with an entry about the dismissal.

If the employee considers the dismissal illegal, he can appeal it in court.

Dismissal for Reasons that do Not Depend on the Employee and the Employer

The Labor Code of Belarus lists circumstances beyond the parties’ control when an employment contract is terminated, regardless of the wishes of the employee and the employer. Here are the main ones:

1. Calling up an employee for military service or alternative service

If an employee is called up for service, his employment contract is terminated since he will not be able to combine service with work.

2. Reinstatement of an employee who previously performed this work

Suppose a court decision or another procedure for considering a labour dispute decides to reinstate a previously dismissed employee. In that case, this may entail the dismissal of the employee hired in his place.

3. Violation of the employment procedure established in the state

Dismissal on this basis is related to the circumstances of the employee’s employment that are contrary to the prohibitions on employment (for example, minors, persons convicted of certain crimes) or requirements for qualifications and education.

4. Entry into force of a court verdict against the employee

When an employee is sentenced to a punishment that makes it impossible to continue working, he is dismissed on this basis.

5. Death of the employee or recognition of him/her as deceased or missing

The employment contract is terminated when the employer receives documents about the employee’s death or recognition of him/her as missing.

6. The emergence of legal restrictions on certain types of activities does not allow continuing work

The state can restrict certain types of activities. In this case, employees employed in companies that are engaged in these activities are dismissed on this basis.

In each of these cases, the employer must follow the same procedures as usual: issue a written order of dismissal, familiarize the employee or his/her legal representative with it, issue a workbook to the employee or his/her legal representative and make the necessary payments.