Dismissing workers on political grounds is a serious violation of human rights and labor law. During the 2020 protests, a large number of people lost their jobs, positions, and even honorary degrees and titles due to repression, and were left without wages. Due to the continued persecution, many had to leave the country to continue taking care of themselves and their families. The people who stayed in the country were banned from further employment and were no longer able to financially support themselves at the usual level. The draft Concept of restitution provides for a number of steps to restore justice to such people. Read more about the compensation mechanisms below.
The draft Concept is available in Russian and Belarusian. Belarusians can share their feedback and proposals through the Telegram bot @AskOffice_Bot, email transitionaljustice@tsikhanouskaya.org, and use the Google form.
The concept envisages compensation for damages to those who have been dismissed for peacefully exercising their right to freedom of expression and participating in peaceful meetings or strikes. The concept also applies to those who have been dismissed for supporting and promoting presidential candidates prior to the election, as well as those who have been detained or subjected to administrative arrests or criminal persecution.
From the moment of unlawful dismissal until reinstatement, the employee is entitled to receive the average wage for three months of forced absence. If a person remains unemployed for more than twelve months after unlawful dismissal, they are entitled to receive the average wage for twelve months of forced absence. The amounts are adjusted for inflation.
Termination of employment at the worker's initiative does not deprive them of the right to be reinstated. If an individual quit their job in protest, they have the right to return to their positions at their own will. For example, employees of state institutions who severed relations with the employer due to disagreement with the regime have the right to be reinstated in their positions. Some may regain their state service ranks.
The following means are considered valid evidence of the political grounds of dismissals:
– Legal documents;
– Mentions in the media;
– Evidence of criminal or administrative persecution;
– Information provided by human rights organizations and/or independent trade unions;
– Proof of the person leaving the country and not returning until the fall of the regime.
In case the applicant disagrees with the decision of the Commission for the Restoration of Justice, they can challenge it in court.
