The main instrument regulating an order of employment of foreign citizens in the Republic of Belarus is the Law of the Republic of Belarus dated 30.12.2010 No. 225-З “On external labour migration”. This procedure is also regulated by a number of bylaws adopted in its implementation.
In general, it is necessary to obtain a special permission to work for hire in the Republic of Belarus (hereinafter referred to as the Special permission) to work in Belarus.
However, there are exceptions to this rule. In particular, it is not required to obtain the Special permission for:
The employer of the Republic of Belarus is obliged to obtain a permission to attract foreign labour (hereinafter referred to as the Permission) in case it has intention to employ more than 10 foreign citizens, except for:
Please find below the procedures of obtaining the Special permission and permission to attract foreign labour.
Special permission to work for hire in the Republic of Belarus
Special permissions are issued upon the application of the employer of the Republic of Belarus in the name of particular foreign citizen.
In this application, in addition to other data, the employer should justify the need for involvement of the foreigner to work for the employer at available vacancy. In describing of justification of need for hiring the foreign citizen the employer should also specify the measures he took for search of citizens of Belarus for the available vacancy, for example, about the direction of data on free workplaces (vacancies) to the job placement department of Bodies for Labour, Employment and Social Protection of the Population.
It is related to the fact that the legislation of the Republic of Belarus establishes a priority of citizens of the Republic of Belarus for the available vacancies of employers of the Republic of Belarus. In this regard, migratory bodies carry out an inspection concerning the possibility to employ the citizen of the Republic of Belarus and/or the foreigner permanently residing in the Republic of Belarus. For this purposes the migratory body sends the request to the Body for Labour, Employment and Social Protection. The negative conclusion of the Body for Labour, Employment and Social Protection on possibility of hiring of the foreign citizen is one of the bases for refusal to issue the Special permission.
For high-qualified employees and foreign citizens employed at position of head of commercial organization in creation of which they participated, Special permission is issued by migration department without taking into account conclusion of the Bodyfor Labour, Employment and Social Protection.
In general, the term of consideration of the application amounts to 15 days from the date of filing the application. Shorter term is established for certain categories of legal entities:
Special permission can be issued for the following term:
Term of Special permission can be prolonged once. After one time prolongation Employer is entitled to apply for receipt of new Special permission.
State fee charged for consideration of the application, generally, amounts to 5 basic units (currently 135 Belarusian rubles that equals to approximately 57 euro). The Special permission is issued free of charge if the employer of immigrant worker is the investor and (or) the organization created in the Republic of Belarus by this investor or with his participation in accordance with the established procedure, after the conclusion of the investment agreement in implementing the investment project, or resident, participant of construction, investor of the China-Belarus Industrial Park «Great Stone», the China-Belarus «Industrial Park Development Company», CJSC
If a foreign citizen works for several Belarusian employers, he is obliged to receive the Special permission to work for each of them.
After obtaining the Special permission the employer of the Republic of Belarus should enter into an employment agreement (contract) with the foreign citizen. It is important to take into account the following:
Please note that amendments and/or additions to employment agreement (contract) are subject to registeration in migration department within one month after their inclusion.
The Special permission is issued according to the permissive principle. One of the possible bases for refusal is the negative conclusion of appropriate Bodies for Labour, Employment and Social Protection.
У белорусских граждан есть три основных пути: обратиться к белорусскому посредническому агентству, к иностранной фирме или вести переговоры непосредственно с иностранным нанимателем.