Increased social responsibility of employers and employees. Deputy on innovations of the Labor Code

Lyudmila Kananovich Chairman of the Standing Commission on Labor and Social Affairs of the House of Representatives of the National Assembly of the Republic of Belarus

On May 31, the House of Representatives adopted in the second reading the draft law "On amendments to laws on labor relations." The document provides for the adjustment of the Labor Code, taking into account the practice of its application, analysis of the effectiveness of recent changes, identified gaps. Lyudmila Kananovich, Chairperson of the Permanent Commission on Labor and Social Affairs of the House of Representatives, told a BelTA correspondent about the document.

“The sphere of labor and its further development are inextricably linked with socio-economic relations. The ongoing changes in the economy, society, and the labor market determine new trends in improving labor legislation,” said Lyudmila Kananovich. “In modern conditions, it is necessary not only to take into account traditional, well-known values in the field of labor relations, such as security, fairness, guarantees, but also to strengthen the elements of efficiency, flexibility, mobility, information, as this will benefit all interested participants in the process - employers, employees, the state.

The Labor Code is a comprehensive document regulating the main issues of relations between employers and employees, which, taking into account the development of socio-economic relations and the new needs of society, is constantly being improved, the deputy noted. “Labor law should not lag behind modern realities, and new forms of labor organization should receive appropriate legislative formalization. As you know, in January 2020, a large set of changes to the Labor Code came into force, which at the legislative level secured the right to work remotely using information technology, the right to transfer an employee to another job with his consent for up to six months a year.Also reflected the rules providing for the procedure for extending contracts with conscientious employees for long periods, she clarified. - As the main tasks of the work at the moment, I would like to note the stimulation of employment and taking into account the interests of workers and employers, strengthening labor motivation and business entrepreneurship, ensuring a certain standard of living and social protection of the population, improving the education and qualifications of workers.

Taking into account certain tasks, the draft law provides for a number of changes to the Labor Code. “Thus, the definitions of the terms “employee position” and “worker’s profession” are being corrected and the concept of “professional standard” is being introduced. The possibility of alternating periods of performing work remotely and at the workplace in an organization is legally fixed. At the same time, the establishment or cancellation of remote work is recognized as a change in essential working conditions The use of an electronic form of interaction between the employer and the employee is expanding, which will allow in some cases to refuse to maintain paper documents.It is envisaged to replace the currently provided additional day off from work per week by reducing the daily duration of work by one hour. The frequency of payment of wages to an employee, regardless of the type of employment contract concluded with him, is established: at least twice a month. Approaches to the regulation of certain issues on working time regarding the provision of a break for rest and meals are determined. The possibility of involving employees to work on public holidays and public holidays is regulated, providing a guarantee to employees in terms of the mandatory provision of another unpaid day of rest for working overtime, on public holidays, public holidays and weekends.

In addition, the draft specifies the specifics of granting labor and social leave to employees. In particular, when dividing labor leave into parts, its duration will be determined on the date of granting each of the parts, as well as the possibility of granting labor leave by agreement of the parties. That is, not in accordance with the schedule of labor holidays. "The obligation of the employer to provide leave is fixedto complete work on a qualifying scientific work (dissertation) for the degree of Doctor of Science, writing textbooks and other good reasons. Guarantees are provided for workers receiving education. Recommendations are being fixed on the advisability of including positions on voluntary pension insurance in a collective agreement, which will expand the participation of employers and employees in voluntary insurance programs for additional funded pensions in insurance organizations.

As well as a number of other norms that received the support of the deputies and were adopted in the first reading, which were technically and editorially finalized and enshrined in the draft," Lyudmila Kananovich added.

"Given the importance of the bill, the Standing Commission on Labor and Social Affairs, in preparing it for the second reading, carried out active workto discuss the comments and proposals received, to study public opinion and possible ways to implement the proposed initiatives. Thus, the provisions of the project, providing for the establishment of guarantees for workers during the medical examination, became the object of close attention. The draft includes provisions that establish that, in agreement with the employer, to undergo a medical examination, employees can be released from work for one day every three years while maintaining their average earnings at the place of work, and employees who have reached the age of forty years - for one day annually. Employees who have reached the generally established retirement age, as well as employees for five years before reaching this age, when undergoing a medical examination, can be released from work for two days once a year, while maintaining their average earnings at the place of work. Employees will be released from work to undergo a medical examination on the day agreed with the employer on the basis of their written application with the provision of documents confirming the medical examination, if this is provided for by local legal acts. At the same time, the norm providing for the opportunity to receive monetary compensation instead of milk or equivalent food products for work in harmful conditions did not receive support and was excluded from the project," the parliamentarian said.

The draft is also supplemented by provisions according to which the employer will draw up a duplicate of the work book, including on the basis of information on labor activity contained in the individual (personalized) registration in the state social insurance system, for the periods of work of the employee from January 1, 2003.

"It is obvious that in today's conditions, employers and employees must be aware of the magnitude of the ongoing changes and be not only economically, but also socially responsible. On the one hand, owners and employers (including the state) must create a favorable environment from a socio-economic point of view functioning of the enterprise, on the other hand, to pursue an effective personnel and social policy in general, aimed at the employees of the enterprise and, together with interested structures (for example, trade unions), predict events in the field of social and labor relations, determine priorities and social development goals. be aware of their place in the labor market and be interested in their professional growth," Ludmila Kananovich stated.

BELTA.