Dismissal During Fixed-Term Contract and Pregnancy
Alena works as an accountant at a state enterprise under a fixed-term contract ending 31 March. In February she informs HR she is pregnant and provides a medical certificate. Her manager, unhappy with her performance, proposes to terminate her 'by agreement' effective 15 March with two months' pay. Alena is unsure. Meanwhile, the enterprise announces staff reductions and her position is listed for elimination. HR tells her that because her contract is fixed-term, the pregnancy protection does not apply and she will be dismissed on 31 March regardless. Advocate M. is asked to advise Alena on her options and on the validity of the proposed agreement.
1. Does pregnancy protection apply to a fixed-term contract, and can Alena be dismissed on 31 March?
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Pregnancy protection is not limited to open-ended contracts. Under Belarusian labor law, a woman's dismissal at the initiative of the employer is restricted during pregnancy, and a fixed-term contract is extended until the end of pregnancy or maternity leave where the employee so requests and provides a medical certificate. HR's blanket statement that fixed-term status removes protection is incorrect. However, the employer may still terminate on grounds unrelated to the employee's initiative, such as liquidation of the enterprise, and staff reduction requires strict procedure. Advocate M. should advise Alena to submit a written request to extend the contract with the medical certificate, keep proof of submission, and refuse any pressure to sign termination documents.
2. Evaluate the proposed 'termination by agreement' and advise Alena.
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Termination by agreement requires genuine mutual consent; it cannot be used to circumvent protective rules. If Alena signs, she converts a protected situation into a voluntary exit, losing the extension right and potentially reducing her entitlements. The two months' pay offered may be less than what she would receive through maternity benefits and continued employment. Advocate M. should explain the trade-off, ensure Alena does not sign under pressure, and if she wishes to leave, negotiate a written agreement specifying all payments. If the employer proceeds with reduction, Advocate M. should demand strict compliance with the procedure, including offers of alternative positions and proper notice, and prepare a claim to the labor commission or court if the procedure is breached.