Belarusian Employment Termination and Severance Guide

Human resource management is not only about recruiting, hiring, and developing employees, but also about properly concluding employment relationships. In Belarus, the procedure for terminating employment contracts is regulated in detail, and how competently an employer follows these rules affects not only the company’s reputation but also its financial risks.

Mistakes during dismissal are among the most common causes of labor disputes. Incorrect documentation, failure to meet notification deadlines, and miscalculation of compensations or severance pay can lead to inspections, fines, and lawsuits. At the same time, if the process is systematic and transparent, termination becomes a natural part of the employment lifecycle, without causing conflicts and while maintaining employee loyalty.

For HR specialists and managers, it is essential not only to know the formal rules but also to understand how to apply them in practice, taking into account the specifics of different categories of employees, reasons for termination, and contractual conditions.

This article will examine the key rules for terminating employment contracts in Belarus, the procedure for calculating and paying severance pay, and provide practical recommendations to minimize legal and reputational risks and make the process of ending cooperation as correct and effective as possible.

The Importance of Properly Ending Employment Relationships

Terminating an employment contract is a natural part of any company’s operations. However, the way the dismissal is executed largely determines not only the legal safety of the business but also the employer’s reputation in the labor market. In the IT and recruitment sectors, where competition for skilled personnel is particularly high, proper termination of employment becomes part of corporate culture and a tool for maintaining trust in the brand.

Why Following the Termination Procedure Is Legally Important

Belarusian law regulates the grounds, procedures, and deadlines for terminating employment contracts. Any deviation from established procedures may have serious consequences, from reinstatement of the dismissed employee by court decision to fines and compensation.

Compliance with termination rules protects the employer from risks and confirms that the dismissal decision is justified. For instance, if an employee is dismissed at the employer’s initiative, it is important to document the grounds — disciplinary violations, staff reduction, or contract expiration.

In addition, correct documentation and calculations reduce the likelihood of disputes, inspections, and reputational losses.

How Proper Termination Affects HR Branding and Workplace Climate

Dismissal is always a sensitive moment for both parties. Even if the reasons for separation are objective, the way the company handles the process shapes employees’ perception of corporate culture.

Transparent communication, respectful treatment, and timely payments help maintain loyalty not only of the dismissed employee but also of the remaining team.

For IT companies and fast-growing organizations, this is especially important: the market is small, and former employees often become partners, clients, or return to the company in the future. Proper termination of employment is part of a long-term HR strategy, not just a legal formality.

Common Employer Mistakes During Employee Dismissal

Mistakes in dismissal are most often linked to underestimating legal nuances and human factors. Common problems include:

Failure to meet notification deadlines — for example, when terminating a contract or reducing staff.
Improper documentation — orders, acts, payroll slips.
Incorrect calculation of compensation and vacation pay.
Poor communication — when the employee learns of the decision unexpectedly, without explanation or preparation.

Such situations can lead not only to lawsuits but also to internal conflicts, loss of trust, and reduced engagement of remaining employees.

Proper, transparent, and legally sound termination of employment demonstrates a company’s maturity and responsibility toward its team.

Types of Employment Contracts and Their Termination Features

Before discussing the termination procedure, it is important to understand which type of employment contract an employee has. The form and terms of the contract directly affect the grounds for termination and the guarantees provided to both parties. In Belarus, three main types of employment contracts are used: indefinite, fixed-term, and contracts.

Indefinite, Fixed-Term Contract, and Contract: Differences in Grounds for Termination

Indefinite employment contract — the most flexible type of contract without a predetermined expiration date. It ends either at the initiative of one of the parties (employee or employer) or on other legal grounds established by labor law. Termination by the employer requires valid reasons and adherence to the notification procedure.
Fixed-term employment contract — concluded for a specific period, e.g., for a project or temporary replacement. It automatically expires at the end of the term unless either party expresses a desire to continue. Early termination is possible only on established grounds, such as mutual agreement or gross disciplinary violation.
Contract — a special type of employment agreement widely used in Belarus, especially in the public and IT sectors. Contracts are usually for a fixed term (typically 1–5 years) and include additional conditions: obligations of the parties, grounds for renewal or termination, and more. A contract can be terminated by the employer with one month’s notice if there are no plans to extend it. For employees, it provides predictability; for the company, it serves as a management tool.

Grounds for Termination: Employer, Employee, and Mutual Agreement

There are several groups of grounds for terminating an employment contract:

Employee’s initiative: The employee may terminate the contract with one month’s written notice (unless otherwise stated in the contract). In certain cases, e.g., violation of working conditions or delayed salary, termination can occur without notice.
Employer’s initiative: Applied in cases of staff reduction, company liquidation, employee’s unsuitability for the position, systematic non-performance of duties, absenteeism, and other violations. It is essential to document the grounds, notify the employee in the prescribed period, and pay all due compensation.
Mutual agreement: The most civilized and flexible method of ending employment. Terms (date, compensation, wording) are determined by agreement between the employee and employer. This option is often used during company restructuring, staff optimization, or at the employee’s request, allowing both sides to maintain neutral relations.

Cases Requiring Special Procedures (Pregnant Women, Leave, Sick Leave, etc.)

Belarusian labor law provides special guarantees for certain categories of employees, whose termination requires additional procedures:

Pregnant women and women on maternity leave cannot be dismissed at the employer’s initiative, except in cases of company liquidation.
Employees on vacation or sick leave are also protected: termination decisions can only be made after they return to work.
Termination of minors, union members, and employees with disabilities requires union or authorized body approval.

Following these rules is not just a legal obligation but a demonstration of corporate social responsibility. Correct procedures help avoid conflicts, lawsuits, and negative publicity, while strengthening employee trust.

Procedure for Terminating an Employment Contract

Even if the decision to terminate employment is made, it is crucial to follow the process officially and sequentially. Proper adherence to the termination procedure protects the employer from claims and ensures employees receive all due payments and documents. Key steps include:

Notification: Deadlines and Form

The first step is formal notification of the upcoming dismissal. Its form and timing depend on the grounds for termination:

Employee’s initiative: Written notice at least one month in advance; for temporary or seasonal work, at least three days.
Employer’s initiative: Timing varies: two months’ notice for company liquidation or staff reduction; one month for contract expiration.
Mutual agreement: Parties determine the termination date via written agreement.

Notification must be in writing — either delivered in person against signature or sent by registered mail. Oral agreements have no legal effect. For the employer, this confirms that the procedure began lawfully and on time.

Issuing an Order and Recording in the Employment Book

The next step is issuing an order of termination, signed by the head of the organization, with the employee acknowledging it. The order should include:

Grounds for dismissal (with reference to the relevant Labor Code article).
Termination date.
Information on payments and compensation.

Based on the order, a record is made in the employee’s employment book with the exact reason and legal basis. Precise wording is important for potential disputes or court cases.

Document Handover and Final Settlement

On the dismissal day, the employer must complete the final settlement and provide all necessary documents, including:

Salary for days worked.
Compensation for unused vacation.
Severance pay (if applicable).
Other payments provided by the contract or collective agreement.

The employee should also receive:

Original employment book.
Income certificate (if requested).
Copies of orders or documents confirming employment history, if needed.

If the employee does not collect documents, the employer must send written notification of the need to do so. Timely handover and accurate calculation reflect the company’s business reputation and conclude employment in a civilized manner.

Severance Pay: When and How Much

Severance pay is financial compensation paid by the employer upon termination in certain cases. It mitigates the impact of dismissal and ensures minimal financial stability while seeking new employment. Proper calculation and timely payment demonstrate compliance with the law and the employer’s social responsibility.

Grounds for Severance Pay

Severance pay is not mandatory in all dismissals but only in legally prescribed cases, including:

Company liquidation or cessation of business.
Staff reduction.
Employee refusal to continue due to changes in significant working conditions.
Military or alternative civilian service conscription.
Refusal to transfer to another position for medical reasons if no suitable vacancy exists.

Contracts or collective agreements may also provide for severance pay in mutual agreement terminations or employer-initiated dismissals without disciplinary violations.

Calculation Based on Reason for Termination

The amount depends on the termination grounds:

Company liquidation or staff reduction — at least three average monthly salaries.
Refusal to continue work due to changed conditions — two weeks’ average salary.
Military conscription — two weeks’ salary.
Other cases (mutual agreement or contract) — as specified in the agreement.

The calculation is based on the average salary over the last two months, including bonuses and allowances. If the contract provides higher compensation, the higher amount applies, following the principle of maximum guarantee for the employee.

Additional Compensation in Contracts and Collective Agreements

Modern companies, particularly in IT, consulting, and finance, often provide additional benefits beyond legal requirements. These may include:

Extra severance pay under mutual agreements (1–3 months’ salary).
Payment for the job search period if dismissal is not due to misconduct.
Compensation for unused bonuses, premiums, or stock options.
Extended social benefits, such as continued health insurance.

Collective agreements may also increase severance pay for certain employee categories, e.g., long-serving staff, veterans, or employees dismissed due to restructuring.

Termination by Mutual Agreement

Termination by mutual agreement is one of the most flexible and safe methods. It allows parties to agree on dates, terms, and payments without conflict or unnecessary formality. This method is increasingly used in Belarusian companies, especially in IT and service sectors, where employer reputation and risk-free separation are valued.

Advantages for employer and employee:

Employer: avoids lengthy procedures, reduces dispute risk, maintains a positive image.
Employee: can negotiate extra compensation or bonuses, choose termination date, and retain neutral record in employment book.

In short, it helps end cooperation respectfully and minimizes risks for both parties.

How to Properly Document Mutual Agreement Termination

Termination requires clear documentation. The main document is a written agreement signed by both parties, specifying:

Termination date.
Compensation amount and procedure.
Handover of work, property, or documents.
Issuance of paychecks and certificates.
Confidentiality, waiver of claims, and confirmation of no debts, if applicable.

After signing, an order of termination is issued, citing the basis as “by mutual agreement (p.1 art.35 of the Labor Code of the Republic of Belarus)”. All documents are provided, and final settlement occurs on the termination day.

Termination must be voluntary — any pressure may be considered a labor rights violation.

Potential Risks and How to Avoid Them

Even mutual agreement terminations can pose risks if the document is poorly drafted or interests are unbalanced. Common risks include:

Vague conditions: missing date, payment, or obligations.
Lack of confirmation of voluntary consent.
Disputes over orally promised compensation.

To avoid issues:

Document all agreements and obtain signatures.
Keep copies of agreements and orders.
Consult a lawyer if necessary to ensure compliance with laws.

Conclusion

Proper termination of an employment contract is not just a formality but a crucial aspect of HR culture. Well-executed dismissal protects the employer’s reputation, maintains trust, and ensures legal security. Transparent procedures, clear documents, and respectful treatment of employees prevent conflicts and labor disputes, balancing the interests of both sides.

If you want to ensure dismissals are conducted correctly and risk-free, contact our team. We provide consultation on terminating employment contracts and calculating severance pay in Belarus, assist in dismissal and hiring procedures, help properly prepare documents, and structure HR processes according to best practices and legal standards.

Month: November 2025