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Ordinance No. 5 of 15 December 2014

On strengthening requirements to the executives and workers of organizations

On 15 December President of the Republic of Belarus Alexander Lukashenko signed Ordinance No. 5 “On strengthening requirements to the executives and workers of organizations”.

The document aims to eradicate mismanagement, enhance production, technological, labor, and executive discipline, and prevent the re-appointment of ineffective executives from one high-ranking job to another.

In accordance with the ordinance, heads of state-owned and private companies will be personally responsible for the production, technological, executive, and labor discipline, proper maintenance of premises and equipment, and observation of working conditions. In case of a failure to comply with the requirements, the director will be subject to disciplinary action, including dismissal.

These additional criteria of evaluation of the director’s performance will be taken into account in the efficiency report or while making decisions about the extension of the labor contract.

Apart from that, directors of companies will get additional authorities which will help them ensure production and labor discipline, guarantee prompt implementation of executive decisions. In particular, directors will have the right to alter key working conditions of the personnel due to certain production, organizational, or economic reasons. The worker shall be warned at least seven days before the changes are introduced (at present the worker shall be warned one month before). The reduction of this period will allow to promptly change the working conditions (for example, working hours or the remuneration scheme). It means that the enterprise will be able to timely react on changing internal and external factors.

For the violations of labor discipline the director can deprive employees of bonuses for the period of 12 months (in accordance with the current legislation, disciplinary actions include counseling, reprimand, and dismissal). Financial disciplinary actions will be more effective than counseling or reprimand.

The director will be able to suspend employees from work in case of grave violations of labor discipline which cause serious damage to the organization. This measure will help prevent any discipline violations and cease compensation for the suspension period.

The employer can dismiss workers for the violations which cause damage to the company in the amount of more than three average monthly salaries in the country. This reason for dismissal will help enhance labor discipline and encourage workers to take care of the company’s premises. The size of the damage which can lead to the employee’s dismissal is rather high today. It makes up Br 19 million.

The document also prohibits the re-appointment of failed executives.

Dismissed executive must be excluded from the personnel pool of the head of state, the government, oblast executive committees (the Minsk City Executive Committee), district and city administrations, and local administrations in cities and towns within five years after their dismissal.

The re-appointment of such executives (within five years after their dismissal over discrediting activities) to senior positions in both the state-run and private organizations shall be done by agreement with district or city executive committees, local administrations.

The requirements envisaged in the President’s ordinance will be applied to workers and directors of both state-run and private organizations.

The ordinance shall enter into force on 1 January 2015.

Please see the Russian version of this site for the full text of the Ordinance.
© 2017, The Press Service of the President of the Republic of Belarus