Violations of labor legislation have been identified.

The Prosecutor's Office of the Braslav District conducted an inspection of compliance with labor legislation at one of the agricultural enterprises in the district in December of this year, during which gross violations of the said legislation were identified.

The inspection revealed that the enterprise does not comply with the requirements of labor legislation, and there are serious deficiencies in the organization of this work.

According to Articles 198 and 199 of the Labor Code of the Republic of Belarus, for committing a disciplinary offense, the employer may apply disciplinary measures to the employee; before applying disciplinary measures, the employer is obliged to request a written explanation from the employee; the employee's refusal to provide a written explanation, or the inability to obtain an explanation from him regarding the committed disciplinary offense, shall not be obstacles to the application of disciplinary measures and shall be documented by an act indicating the witnesses present; the order (directive) on disciplinary measures with the indication of motives shall be communicated to the employee for signature.

At the same time, as a result of the inspection, it was established that before applying disciplinary measures, the employer does not request written explanations from employees, acts of refusal to provide written explanations, or the inability to obtain explanations are not documented and are not included in the relevant order.

For example, by the order of the director dated 08.06.2023, specialist S. was brought to disciplinary responsibility in the form of a reprimand. The latter did not provide a written explanation, and no act of refusal to provide a written explanation or the inability to obtain an explanation was drawn up. By the order of the director dated 04.07.2023, O. was brought to disciplinary responsibility. This order references an act of O.'s refusal to provide a written explanation regarding the disciplinary offense. However, the specified act is absent in the relevant case.

There are also gross violations of labor legislation during the dismissal of employees.

Dismissal from work as a measure of disciplinary action is applied when there are grounds specified in subparagraphs 6–11 of Article 42, subparagraphs 1, 12, 51, 9, 10 of part 1 of Article 47 of the Labor Code of the Republic of Belarus.

According to Article 199 of the Labor Code, before applying disciplinary measures, the employer is obliged to request a written explanation from the employee. Disciplinary measures are documented by an order (directive, resolution, decision, protocol). The order (directive, resolution, decision, protocol) on disciplinary measures with the indication of motives shall be communicated to the employee for signature within five days from the date of issuance. An employee who has not been familiarized within the time frame established by part six of this article with the order (directive, resolution, decision, protocol) on disciplinary measures is considered not to have a disciplinary sanction. The employee's refusal to familiarize himself with the order (directive, resolution, decision, protocol) on disciplinary measures is documented by an act indicating the witnesses present.

By the order of the director dated 06.06.2023, on the basis of paragraph 7 of Article 42 of the Labor Code of the Republic of Belarus, F. was dismissed for absences committed from 25.04.2023 to 06.06.2023.

However, F. was not familiarized with this order, as evidenced by the absence of his signature in the relevant column and the date of familiarization. Y., who was dismissed on 02.06.2023 on the basis of paragraph 7 of Article 42 of the Labor Code of the Republic of Belarus, was also not familiarized with the order of the director dated 06.06.2023.

In all the mentioned cases, the reasons for the disciplinary offenses of the employees were not clarified, and written explanations were not requested. Acts of refusal to familiarize with the orders were not drawn up.

The requirements of labor legislation regulating the procedure and deadlines for issuing employment records upon dismissal of employees are also not observed in the inspected enterprise.

According to Article 50 of the Labor Code of the Republic of Belarus, upon dismissal of an employee, the employment record is issued to the employee on the day of dismissal (on the last working day). For delays in issuing the employment record due to the fault of the employer, he is liable in accordance with Article 79 of this Code.

By the order of the director dated 12.07.2023, on the basis of paragraph 7 of Article 42 of the Labor Code of the Republic of Belarus, Y. was dismissed. The employment record was issued to him only on 01.08.2023. By the order dated 08.08.2023, L. was dismissed. The latter was familiarized with this order on the same day – 08.08.2023. However, L.'s employment record was issued to him on 15.08.2023.

The reasons and conditions contributing to these violations are improper performance by the officials of the enterprise of the requirements of labor legislation, insufficient knowledge of the current legislation by specialists, as well as the lack of proper departmental control by the management of the enterprise over the work of subordinates.

Based on the results of the inspection, the district prosecutor's office submitted a representation.

Deputy Prosecutor of the District S.P. Harbus