How a Belarusian Company Can Hire Foreigners
As of May 2025
From time to time, Belarusian employers of the Republic of Belarus have to hire foreign experts to work in Belarus. Belarusian legislation provides special procedures for hiring foreigners going to work for Belarusian employers.
In belarus, the main instrument regulating procedures for hiring foreign citizens is the Law of Belarus dated 30.12.2010 “On External Labour Migration”. The procedures are also regulated by a number of bylaws adopted within the law implementation.
In general, to work in Belarus, it is necessary to obtain a special permission to work for hire in Belarus (hereinafter referred to as the "Work permit").
However, there are exceptions to this rule. In particular, it is not required to obtain the Work permit for:
- citizens of the countries of the Eurasian Economic Union (the Russian Federation, Kazakhstan, Armenia, Kyrgystan);
- heads of representative offices of foreign organizations in Belarus;
- foreigners permanently residing in Belarus (i.e. those having permission on permanent residence);
- foreigners who had concluded an employment agreement with resident of Belarusian Hi-Tech Park;
- foreigners hired by resident, subject of innovative activity or a joint company of the Industrial Park “Great Stone” for the positions of managers and specialists who are highly qualified employees;
- foreigners who are winners of national (international) competitions, awarded in their professional sphere.
Also, a Work permit is not required when hiring a foreigner for a job in the worker profession (employee position), the list of wich is approved annually by a resolution of the Ministry of Labor and Social Protection of the Republic of Belarus.Such worker professions (employee position), as a rule, include a doctor, a midwife, a veterinary doctor, a paramedic, an electric and gas welder.
Please find below the information on the procedures for obtaining the Work permit.
The Work permit
The Work permit is issued upon an application of a Belarusian employer in the name of a particular foreign citizen.
In this application, in addition to other data, the employer is to justify the necessity for hiring foreigner at available vacancy. While describing, the employer is to also specify the measures it took to search Belarusian citizens appropriate for the available vacancy (for example, submission of data on vacancies to the jobplacement department of Bodies for Labour, Employment and Social Protection of the Population).
It is so because the legislation of Belarus establishes a priority of Belarusian citizens for the available vacancies of Belarusian employers. In this regard, the migration authorities carry out an inspection and check the possibility to employ a Belarusian citizen and/or a foreigner permanently residing in Belarus instead of a foreigner. For these purposes, the migration authorities send the request to the Bodyfor Labour, Employment and Social Protection. The negative conclusion of the Bodyfor Labour, Employment and Social Protectionon possibility to hire foreign citizen is one of the bases for refusal to issue the Work permit.
The Work permit is issued by the migration authorities without taking into account the conclusion of the Bodyfor Labour, Employment and Social Protection for:
- the high-qualified employees;
- head of commercial company they incorporated,that have professional knowledge, skills and abilities, which is confirmed by documents on education and work experience in the worker profession (employee position) for at least two years, and whose monthly salary specified in the employment agreement is exceed five times the monthly minimum salary established in Republic of Belarus (currently BYN 3630, equivalent to EUR 1063).
In general, the term for consideration of the application amounts to 10 days from the date of the filing. Shorter term is established for certain categories of legal entities:
- investors and (or) the companies created in Belarus by this investor or with its participation in accordance with the established procedure (after the conclusion of the investment agreement for implementing the investment project) – 7 days;
- residents, participants of construction, investors of the China-Belarus Industrial Park “Great Stone”, the China-Belarus “Industrial Park Development Company” CJSC - 5 days.
The Work permit can be issued for the following term:
- 2 years – in relation to the high-qualified employees;
- 1 year – in relation to other employees.
Term of the Work permit can be extended once. After one-time prolongation, the employer is to apply for the receipt of a new Work permit.
State fee charged for consideration of the application amounts to 2 basic units1 (currently BYN 84 that equals to approximately EUR 25).
The Work permit is issued free of charge if the employer is the investor and (or) the company incorporated in Belarus by this investor or with its participation in accordance with the established procedure and after the conclusion of the investment agreement for 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, they are obliged to receive the Work permit to work for each of the employer.
After obtaining the Work permit, the Belarusian employer is to enter into a fix-term employment agreement with the foreign citizen. It is important to consider the following:
- the term of an employment agreement cannot exceed the term of the Work permit;
- an employment agreement is to comprise special provisions provided by the Belarusian migration legislation (including conditions under which the foreigner moves to Belarus, conditions concerning nutrition, accommodation and medical care of the foreigner, as well as monthly salary not less than the monthly minimum salary established in Republic of Belarus);
- an employment agreement is to be made in the Russian and (or) Belarusian languages, as well as in native or other language clear for the foreign citizen (if Russian and (or) Belarusian are not native or clear).
The employer shall notify the migration office on the conclusion (termination) of the employment contract within a period not exceeding 3 working days from the date of conclusion or termination of the employment contract in the form established by the Ministry of Internal Affairs.
The Work permit is issued according to the permissive principle. One of the possible bases for refusal is the negative conclusion of the appropriate Bodiesfor Labour, Employment and Social Protection.
Liability
For hiring foreign citizens without the obtaining of necessary permits, the employer can be brought to administrative responsibility in accordance with part 7 of Art. 24.35 of the Code of Administrative Offences of the Republic of Belarus. Sanction: fine up to 20 basic units (currently BYN 840 that equals to approximately EUR 246), for individual entrepreneur or a company – up to 50 basic units (currently BYN 2 100 that equals to approximately EUR 615).
Furthermore, the foreign citizen can be brought to administrative liability on the basis of part 5 of Art. 24.35 of the Code of Administrative Offences of the Republic of Belarus. Sanction: fine up to 20 basic units (currently BYN 840 that equals to approximately EUR 246).
We will be happy to provide any further information or assistance to Belarusian companies should you are interested in the above procedures.
Please contact info@vmp.by.
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