The Department of State Labor Inspection reminds about compliance with legislative requirements when organizing the activities of student detachments
Student teams actively engage youth in the socio-economic life of society. Their work is aimed at facilitating the processes of labor and social adaptation of youth, their personal development, acquiring professional, labor, and managerial skills, and fostering citizenship and patriotism.
For this purpose, annually, educational institutions, the Public Association "Belarusian Republican Youth Union" and its organizational structures with the rights of a legal entity, and other youth public associations (hereinafter referred to as sending organizations) form student teams.
In turn, republican state administration bodies, state organizations subordinate to the Government of the Republic of Belarus, and local executive and administrative bodies determine the host organizations, facilities, types of work, and the number of workplaces for student team members with remuneration no lower than the minimum wage, in agreement with the host organizations or in accordance with their applications.
The lists of host organizations, facilities, types of work, and the number of workplaces for student team members are approved by city and district executive committees, and administrations of districts of Minsk annually before January 1.
The procedure for organizing the activities of student teams in the Republic of Belarus is defined by the Regulation on the Procedure for Organizing the Activities of Student Teams in the Republic of Belarus, approved by Decree of the President of the Republic of Belarus No. 58 of February 18, 2020 (hereinafter referred to as the Regulation). In addition, when organizing the activities of student teams, it is necessary to consider the requirements of the Labor Code of the Republic of Belarus (hereinafter referred to as the Labor Code), the Law of the Republic of Belarus "On Labor Protection" (hereinafter referred to as the Law), and other normative legal acts.
Thus, a contract must be concluded between the sending and host organizations without fail.
a contract defining the terms of activity of a student team, taking into account labor legislation requirements, including occupational safety, as well as the obligations of the host organization to ensure accommodation, meals, and remuneration for the student team members (paragraph 8 of the Regulation).
The selection of types of work for student teams, which include students studying in secondary vocational and vocational-technical education institutions, is carried out, where possible, taking into account their specialization.
In accordance with legislation, the responsibilities for ensuring occupational safety during the work of a student team are assigned to both the sending and the host party.
According to the Instructions on the procedure for organizing the activities of student teams, approved by the Resolution of the Ministry of Education of the Republic of Belarus of June 7, 2012, No. 60, the sending organization must ensure the training of student team members in the fundamentals of labor legislation, including occupational safety legislation, as well as conduct briefings on upcoming activities.
The host organization is obliged to provide the student team with facilities and types of work corresponding to the contract and to create healthy and safe working conditions at each workplace, to conclude relevant labor or civil law contracts with the student team members, to conduct training, briefings, and knowledge testing on occupational safety issues.
In addition, the host organization is responsible for providing the student team members with personal protective equipment in accordance with the Instructions on the procedure for providing employees with personal protective equipment, approved by the Resolution of the Ministry of Labor and Social Protection of the Republic of Belarus of December 30, 2008, No. 209 (hereinafter referred to as Instructions No. 209).
We also inform you that legal relations arising from civil law contracts are regulated by the Civil Code of the Republic of Belarus (hereinafter referred to as the Civil Code) and the Decree of the President of the Republic of Belarus of June 6, 2005, No. 314 "On some measures to protect the rights
citizens performing work under civil law and employment contracts.As a general rule, in accordance with Article 20, Paragraph 1 of the Civil Code, the civil legal capacity of a person (the ability of a citizen to acquire and exercise civil rights through their actions, to create civil obligations for themselves and to fulfill them) fully arises upon reaching the age of majority, i.e., upon reaching the age of 18. It is from this age that it is possible to conclude a contract for work with an individual without any restrictions, provided that they are not legally incompetent.
For minors aged fourteen to eighteen, when concluding a civil law contract (entering into a transaction), it is necessary to obtain the written consent of their legal representatives – both parents, adoptive parents, or guardians (Article 25, Paragraph 1 of the Civil Code).
For reference. Transactions are defined as actions of citizens and legal entities aimed at establishing, changing, or terminating civil rights and obligations.Transactions can be bilateral or multilateral (contracts) and unilateral (Article 154, Article 155, Paragraph 1 of the Civil Code).
A transaction entered into by a minor under the age of fourteen (a minor) is void. The rules provided for in the second and third parts of Article 172, Paragraph 1 of the Civil Code (Article 173, Paragraph 1 of the Civil Code) apply to such a transaction.
In accordance with Article 6 of the Labor Code, obligations arising from contracts provided for by civil legislation do not fall under the scope of the Labor Code.
Thus, labor legislation, including the established procedure for hiring employees, the rights and obligations of employees and employers, state guarantees for employee remuneration, guarantees and compensation, working and rest regimes, paid and social leave, disciplinary and material liability of employees,
not apply to civil law relations.Based on the foregoing, in order to ensure the protection of the rights of employed persons under the age of eighteen, including members of student teams, it is advisable to conclude a labor contract with each of them when hiring.
For reference. In accordance with the requirements of Articles 18 and 19 of the Labor Code, a labor contract is concluded in writing and must contain mandatory conditions and information.
One of the conditions for enrollment in a student team is the absence of medical contraindications for the participant of the student team to perform the types of activities carried out by the team.
Also, in order to take the necessary measures by employers to ensure the preservation of the life, health, and working capacity of minors, it is necessary to take into account the restrictions established for them by legislation, in particular, the norms of Articles 114, 117, 274, 275, 276 of the Labor Code, Article 16 of the Law, the resolution of the Ministry of Labor and Social Protection of the Republic of Belarus dated October 15, 2010 No. 144 "On establishing the list of light types of work that can be performed by persons aged fourteen to sixteen", the resolution of the Ministry of Labor and Social Protection of the Republic of Belarus dated June 27, 2013 No. 67 "On establishing the list of works on which the labor of persons under eighteen is prohibited", the resolution of the Ministry of Health of the Republic of Belarus dated October 13, 2010 No. 134 "On establishing the maximum norms for lifting and moving weights manually by minors".
In 2021, during inspections of facilities where student teams were organized, the following violations were identified.
In OJSC "Ivansky-Agro", OJSC "Prozemle-Agro" of Chashniksky district of Vitebsk region, labor record books were not kept for members of student teams. In the labor contracts concluded by OJSC "Baranovichi Cotton Mill" of Brest region with students of the student
pedagogical detachment "Znichka", days of salary payment were not indicated. Time sheets for accounting for the working time of minors were not kept at KSUP "Orevichi", OAO "Veletin-Agro", KSUP "Experimental Base "Strelichevo" of Loeu District, Gomel Region. Violations were also identified in the оформлении of employment contracts at GUO "Vileyka District Health Camp "Skazka" of Vileyka District, Minsk Region, OAO "Svitank" of Zhodino.Mandatory preliminary medical examinations for employees of student detachments were not carried out at KSUP "Sovkhoz "Zarya" of Loeu District, Gomel Region. At KSUP "Vaverka-Agro" of Lida District, Grodno Region, medical certificates were expired, and the conducted medical examination did not correspond to the type of work to which the participants of the student detachment were involved.
There were cases of employers violating the requirements of the Instruction on the procedure for training, internship, instruction, and knowledge testing of employees on labor protection, approved by the resolution of the Ministry of Labor and Social Protection of the Republic of Belarus of November 28, 2008, No. 175.
Thus, at OAO "Grodno Meat Processing Plant", participants of the student detachment were allowed to perform work without labor protection training. Training, instruction, internship, and knowledge testing on labor protection were not carried out at KSUP "Zarya i K" of Volkovysk District, Grodno Region. At GOLKHU "Glubokoe Experimental Forestry" of Glubokoe District, Vitebsk Region, OAO "Construction and Installation Trust No. 41" of Smorgon, members of the student detachment were not given primary on-the-job instruction. At UOSPK "Putrishki" of Grodno District, participants of the student detachment were allowed to perform work without undergoing an internship.
Facts of allowing members of student detachments to perform work without personal protective equipment were established at OAO "Oktyabr-Berezki" of Khotimsk District, OAO "Rodnyansky" of Klimovichi District, KSUP "Ezersky" of Cherikovsky District, KSUP "Malyatichi-Agro" of Krichev District, Mogilev Region, KRSUP "Experimental Base "Boruny"
of Oshmyany district, Zhodishki branch of UP "Smorgon Grain Processing Plant", GLHU "Lida Forestry", OAO "Construction and Installation Trust No. 19" of Lida, KSUP "Trabы" of Ivye district of Grodno region, GLHU "Petrikov Forestry" of Petrikov district, KSUP "Udarny" of Lelchitsy district, KSUP "Experimental Base "Strelichevo" of Khoyniki district, PMK-76 of OAO "Gomel United Construction Trust" of Zhytkavichy district, Gomel region, OAO "Agro-Pelishche" of Kamenets district, GUSP "Maloritskaya PMK-20" of Malorita district of Brest region, GLHU "Rosson Forestry" of Rosson district OAO "Verkhnedvinsk Flax Mill", GLHU "Verkhnedvinsky Forestry" of Verkhnedvinsky district of Vitebsk region, ZAO "Atlant", UP "Remavtodor of Leninsky district of Minsk", OAO "Zaslavlstroyindustriya" of Minsk district, UO "Negoreloye Educational and Experimental Forestry" of Dzerzhinsk district of Minsk region.
Violations were identified related to the use of faulty equipment and tools by members of student teams in DUP "PMK-201" of Lyuban district, OAO "Krupki Flax Mill" of Krupki district, Minsk region, SOAO "Kommunarka" of Minsk.
The examples provided indicate the improper performance of their duties by certain officials, as provided for by legislation, in regulating youth labor in student teams.
In view of the foregoing, in order to ensure the observance of the labor rights of participants in student teams, as well as to prevent accidents during their work, it is proposed to republican government bodies, other state organizations subordinate to the Government of the Republic of Belarus, regional executive committees and the Minsk City Executive Committee, PO "BRSM":
- To bring this letter to the attention of the heads of organizations that send and receive participants of student teams.
- To demand from the aforementioned heads to ensure compliance with the requirements of the legislation of the Republic of Belarus when organizing the activities of student teams.