On 25 February Decree of the President of the Republic of Belarus No. 74 ‘On giving more powers to heads of basic-level executive committees to promote regional development’ dated 21.02.2025 was published. Several provisions of the Decree may affect the activities of organisations, including those privately owned.
Organisations should note that starting from 1 March 2025:
- heads of the executive committees shall approve the heads of organisations
According to the new requirements, it will be necessary to obtain the approval of the heads of district, city (cities of regional subordination) executive committees for appointment (dismissal), extension, termination of employment agreements (contracts) in respect of the heads of organisations, branches and other separate subdivisions of organisations (their structural subdivisions) located on the respective territory according to the lists*.
This requirement will apply to relations arising after the entry into force of the relevant norms. Thus, for example, a decision to extend or terminate an employment agreement (contract) with the previously appointed head of an organisation made after 28 February 2025 will require a prior approval of the head of the relevant executive committee.
The principles of the organisations lists formation by the executive committees are currently unknown. However, it was previously suggested that the importance and significance of the organisation’s activities for the respective territory will be taken into account. At the same time, according to the Decree, the positions of heads of organisations that are the sole owners of the organisation’s assets will not be included in the lists.
The deadline for approval is, as a general rule, no later than 10 working days from the date of the necessary materials receipt. This being said, prosecutors may be invited to attend the executive committees meetings by their heads to participate with the right of advisory vote;
- executive committees shall approve decisions to suspend an organisation’s activities, as well as related decisions taken with regard to employees
According to the new requirements, it will be necessary to obtain the approval of a city (city of regional subordination) or district executive committee to take decisions on:
- suspension of activities of an organisation, its branch (its structural subdivision) or other subdivision (its structural subdivision) located on the respective territory,
- transfer of more than 25% of the organisation’s employees to part-time work;
- granting more than 25% of employees a leave without pay or with partial pay at the initiative of the employer, as well as in the case, when the specified number of employees have the whole-day (whole-shift) downtime.
Let us note that the Decree, as well as earlier legislative acts, does not disclose the concept of an organisation’s ‘suspension of activity’ and does not contain any related clarifying provisions. Accordingly, it can be assumed that any decision to suspend activities, regardless of the reasons for its adoption, will require the relevant executive committee prior approval.
- orders, demands (directions) of heads of executive committees
Heads of the basic level executive committees shall be able to issue:
- orders binding on organisations and their officials;
- written demands (directions) to the heads of organisations located on the respective territory, their branches (their structural subdivisions) or other subdivisions (their structural subdivisions) to bring their employees to disciplinary responsibility or to eliminate violations of the rights, freedoms and (or) legitimate interests of citizens and legislative requirements.
Failure to comply with such orders or demands will constitute a gross violation of labour duties and may entail the application of administrative liability to the guilty entity.
The Decree provides for a special appeal procedure only with regard to written demands of the head of the executive committee, which may be appealed directly by the entity, against whom they were issued, to the relevant regional executive committee.