Employment of Foreign Citizens in Belarus
As of February 2023
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 No. 225-З “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 who are winners of national (international) competitions, or are awarded in their professional sphere.
A Belarusian employer 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:
- foreign citizens who have high level of professional knowledge, more than 5 years of work experience and salary in the amount of not less than BYN 8 310 that equals to approximately EUR 2 865 (hereinafter – high-qualified employee);
- foreign citizens which are employed as head of commercial company they incorporated (in the capacity of property owner, founder, shareholder).
Please find below the information on the procedures for obtaining the Work permit and the Permission.
The Work permit
The Work permits 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.
For the high-qualified employees and foreign citizens employed at position of head of commercial company they incorporated, the Work permit is issued by the migration authorities without taking into account the conclusion of the Bodyfor Labour, Employment and Social Protection.
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;
- the companies being residents of Belarusian Hi-Tech Park and residents of the Scientific and Technological Association “Infopark” – 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 5 basic units1 (currently BYN 185 that equals to approximately EUR 65).
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.
Based on the Edict of the President of Belarus dated 30.08.2014 No. 420 “On the Stay of Citizens of Ukraine in the Republic of Belarus”, a number of benefits are provided to citizens of Ukraine who find themselves in a difficult life situation and arrive in Belarus. In particular, the Work permit for them is issued free of charge, and the term for consideration of the documents has been reduced to 5 days.
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);
- 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);
- an employment agreement is to be registered with the migration authorities within a month from the date of its conclusion;
Due to the the adoption of the Resolution of the Council of Ministers of Belarus dated 24.09.2021 No. 548 “On Administrative Procedures Carried Out in Relation to Companies”, the entry into force of the Rules of Administrative Procedure on 26.06.2022 (Resolution of the Ministry of Internal Affairs dated 25.01.2022 No. 18), the registration of employment agreements is carried out in accordance with the established administrative procedure.
For registration, an application containing information provided for by the legislation and all copies of the concluded employment agreementare to be submitted.
Commonly, submission of documents is carried out personally. If so, the documents are to be submitted by an authorized individual with a passport and documents confirming their authority (e.g., a power of attorney).
The registration is free.
Documents are considered within 15 days.
Upon the registration, an employment agreement with a registration mark is provided.
Please note that amendments and/or additions to employment agreement are also subject to registration with the migration authorities within one month after their inclusion.
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.
The Permission to attract foreign labour
Indispensable condition of issue of the Permission is the existence of the positive conclusion on possibility to attract foreigners to Belarus for working within its territory. Such conclusion is provided by the Committees for Labour, Employment and Social Protection of the Regional Executive Committees and Minsk City Executive Committee (at the location of the employer) at the request of the migration authorities.
For obtaining the Permission, the employer is to submit an application to the Citizenship and Migration Bodyattaching the set of documents determined by the legislation.
In general, decision-making term on the application amounts to 15 days.
Shorter term is established for 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 – 2 days.
Maximum term of the Permission is 1 year.
State fee charged for issuance of the Permission is 5 basic units (currently 185 Belarusian rubles that equals to approximately 65 euro).
The Permission is issued free of charge if the applicant is the investor and (or) 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 after the expiry of one year from the issue of the Permission the employer intends to continue to use the work of more than ten foreigners not having permissions on permanent residence in Belarus, it is to make an application to the Department for the extension of the term of the Permission. Moreover, it is necessary to file such an application beforehand so that the term of the Permission does not interrupt.
The bases for refusal to issue the Permission are established in Art. 27 of the Law "On External Labour Migration". As with the Work permit, the existence of the negative conclusion of the Bodyfor Labour, Employment and Social Protectionon possibility to hire foreign citizens belongs to such bases.
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 740 that equals to approximately EUR 260), for individual entrepreneur or a company – up to 50 basic units (currently BYN 1 850 that equals to approximately EUR 640).
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 740 that equals to approximately EUR 260).
We will be happy to provide any further information or assistance should you are interested in the above procedures. Please contact VMP employment practice co-head partner Svetlana Dashuk (svetlana.dashuk@vmp.by) or senior associate Veronica Perepelitsa (veronica.perepelica@vmp.by).
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