Prosecutorial oversight of compliance with labor legislation
Oversight of labor legislation compliance is one of the main areas of activity of the prosecutor's office.
The prosecutor's office of the Braslav district conducted an inspection of labor legislation in agricultural enterprises of the district in March 2026, during which a number of violations were identified.
One such violation is the substitution of labor relations with civil law contracts. There are cases where the performance of work of a permanent nature was formalized as a contract for work instead of a properly concluded labor contract.
A contract for work is a type of civil law contract that does not have a lasting nature, and unlike labor relations, the work is performed on a one-time basis. Civil law contracts are not characterized by the performance of work in a specific profession, specialty, or qualification.
Upon examining contracts for work concluded by agricultural organizations in the district with citizens, facts were established indicating the substitution of labor relations with civil law relations, as the subject of such contracts was the performance of work in relevant professions and specialties provided for by tariff and qualification reference books, while these professions and specialties are included in the staffing tables of agricultural organizations.
By resorting to the conclusion of civil law contracts, workers lose important guarantees, such as the right to vacation and related payments, material assistance provided for by the collective agreement, payment of sick leave, and much more.
Moreover, when concluding civil law contracts with individuals, enterprises do not ensure the inclusion of mandatory conditions provided for by the Decree of the President of the Republic of Belarus dated 06.07.2005 No. 314 "On Certain Measures to Protect the Rights of Citizens Performing Work under Civil Law and Labor Contracts".
As a result of the inspection, the prosecutor of the district submitted a proposal to the Department of Agriculture and Food of the Braslav District Executive Committee to eliminate violations of labor legislation requirements, as well as legislation regulating the conclusion of civil law contracts.
Senior Assistant to the District Prosecutor I.E. Chernyak
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