On September 18, 2014 the Constitutional Court of the Republic of Belarus took the Decision «On the Notion of «Single Mother» in Labour Relations» (reporting judge – Natalya A. Karpovich)
The proceedings were initiated by the Constitutional Court on the basis of the application of Ms. V.M. Gerashchenko in which she pointed out that the Labour Code of the Republic of Belarus establishes guarantees for single mothers in case of the conclusion or termination of the labour contract with them, but does not contain the definition of the notion «single mother». For this reason she is unreasonably deprived of the guarantees of employment in spite of the fact that she is bringing up minor children without any help from their father.
When considering the case the Constitutional Court proceeded from the following.
According to the Constitution the Republic of Belarus is a social state based on the rule of law(Article 1.1); citizens of the Republic of Belarus shall be guaranteed the right to work as the worthiest means of an individual's self-assertion(Article 41.1); marriage, family, motherhood, fatherhood, and childhood shall be under the protection of the State (Article 32.1).
In accordance with Article 268 of the Labour Code (hereinafter ‒ the LC) it shall be forbidden to refuse to conclude a labour contract and to reduce wages for single mothers having a child under fourteen years (a disabled child ‒ up to eighteen years); termination of the labour contract with single mothers having children from three to fourteen years (disabled children ‒ up to eighteen years) by the employer shall be not allowed, except in the cases established by the LC. However, the LC and other legislative acts do not define the criteria for considering individuals as single mothers in order to extend the guarantees to them in case of the conclusion or termination of the labour contract.
The Constitutional Court concluded that a clear and precise definition of a circle of individuals having the right to these guarantees has the considerable importance for ensuring the implementation of the guarantees provided for by the LC for single mothers.
In order to ensure the constitutional principle of the rule of law, guarantees of the protection of the constitutional rights of individuals having family obligations in labour relations the Constitutional Court recognised it necessary to eliminate legal uncertainty in the Labour Code of the Republic of Belarus caused by the absence of a clear and precise definition of the circle of individuals having the right to the guarantees for single mothers in case of the conclusion or termination of the labour contract proceeding from the requirements of the Constitution and taking into account the legal positions of the Constitutional Court of the Republic of Belarus stated in this Decision. The Council of Ministers of the Republic of Belarus is proposed to prepare a draft law on supplementing the Labour Code of the Republic of Belarus with a provision defining a circle of individuals considered among single mothers and submit it to the House of Representatives of the National Assembly of the Republic of Belarus according to the established procedure.
