Hire correctly

Given the natural and climatic conditions of the Republic of Belarus, the possibility of hiring employees not indefinitely, but for a specific season is relevant.

At the same time, employers often do not take into account the provisions of the current legislation when choosing seasonal employment, which leads to the infringement of the rights and legitimate interests of employees.

In accordance with the provisions of Article 299 of the Labor Code of the Republic of Belarus, seasonal workers are those employed in jobs that, due to natural and climatic conditions, are not performed year-round, but during a specific period (season) not exceeding six months.

At the same time, types of work performed during a specific period for economic or commercial reasons, rather than natural or climatic conditions, are not considered seasonal.

The list of seasonal jobs is established by the Resolution of the Ministry of Labor of the Republic of Belarus dated April 14, 2000 No. 56. It is binding on the employer and cannot be expanded.

If the work performed is not included in the specified list, but is temporary in nature, then a fixed-term employment contract for a specific period or for the duration of a specific job must be concluded (clauses 2, 3 of part 1 of Article 17 of the Labor Code of the Republic of Belarus).

For example, during the consideration of a citizen F.'s appeal, the regional prosecutor's office established that he had repeatedly been hired as a stoker in one of the district institutions for the heating season, and a fixed-term employment contract was concluded with him for the period of seasonal work.

At the same time, the employer did not take into account that the work performed by the stoker is not included in the relevant list of seasonal jobs, therefore, concluding such contracts with the employee does not comply with the requirements of the legislation.

In connection with the identified violations of the legislation, the regional prosecutor's office issued a corresponding representation to the head of the institution.

Prosecutor of the Department for Supervision of Legislation Enforcement and Legality of Legal Acts A. Nizyulko.