Work permit in Belarus

You and your family came to Belarus and are going to live here?! Or you have to sign an important contract to work in a «blue-eye» country, which opens its arms wide for everyone. In this case, it is not surprising that a lot of questions of organizational order immediately arise in your head: how can I get everything right, where to go, how long does this procedure take, can I handle it all myself? Well, good news for you. In a first, in Belarus there are a lot of private organizations that provide services to help employment and work permits to foreigners in a professional manner. It can be both lawyers and law firms. Secondly, carefully read the information provided in the article below, as well as on the website of the Ministry of the Internal Affairs, passed by reference, in principle, you yourself with can understand all the nuances of employment in our welcoming in every sense of the country.

What is a work permit?

The main piece of legislation governing the employment of foreign citizens in the Republic of Belarus, is the Law of Republic of Belarus of December 30, 2010 № 225-Z "On External Labor Migration". There we can find a definition that a special work permit is a document confirming the right of an immigrant worker to work with an employer in the Republic of Belarus.

Who needs to get a work permit

A special permit is necessary to receive a Second Language meters nationals am and persons am stateless person who does not have permanent residence permits in the restaurant to the public of Belarus; persons temporarily staying or temporarily residing in the Republic of Belarus to work. If an enterprise or individual entrepreneur plans to employ foreigners in an amount exceeding ten people, then such an employer must obtain permission to attract foreign labor , which is issued by the Department of Citizenship and Migration.

Obtaining a work permit

And now let’s dwell on the procedural nuances that everyone will encounter who wants to get a work permit.

Authority Issuing Permission

According to the Law on External Labor Migration, the bodies issuing work permits are the Department of Citizenship and Migration, as well as the Citizenship and Migration Departments of the Oblast and Minsk City Executive Committees. It is important to distinguish if a permit is required for an organization, then you need to contact the Department directly; if you need a permit for a private person, then contact the Divisions divided by territorial principle.

Required documents

To obtain permissions you will need:

- Identity document (passport, residence permit, refugee certificate);

-Application of the appropriate form (it will be provided to you upon personal appeal to a state agency);

- A photocopy or original of the employment contract (contract) with your prospective employer;

-Help-confirmation from the future employer of the intention and ability to employ you.

The procedure for obtaining work permits

Special permits are issued at the request of the employer of the Republic of Belarus in the name of a specific foreign citizen. In this statement, in addition to other data, the employer must justify the need to attract a foreigner to the vacancy available to the employer. When describing the justification for the need to hire a foreign citizen, the employer should also indicate what measures he took to search for citizens of Belarus for an available job, for example, about sending him information about free jobs (vacancies) to the department of employment of labor, employment and social bodies protection of the population. Highly skilled workers and a foreign citizen who is involved in the position of the head of a commercial organization in whose creation he participated, a Special permit is issued by the migration authority without taking into account the opinion of the authority on labor, employment and social protection. When carrying out labor activities with several tenants of the Republic of Belarus, a foreign citizen is required to obtain a special permit to work with each of them. After obtaining Special permission, the employer of the Republic of Belarus should conclude an employment contract (contract) with a foreign citizen. It is important to take into account the following nuances: the term of the employment contract (contract) cannot exceed the term of the special permit; an employment contract (contract) must include special provisions provided for by Belarusian migration legislation (including the conditions for moving to the Republic of Belarus, food, accommodation, medical care for an immigrant worker); the labor agreement (contract) must be drawn up in Russian and (or) Belarusian languages, as well as in the mother tongue or in another language understandable to the foreign citizen ; An employment contract (contract) must be registered with the citizenship and migration authority within one month from the date of its conclusion. All changes and / or additions to the employment contract (contract) must also be registered with the migration authority within one month from the date of their introduction.

State duty for obtaining a work permit

The fee charged for considering the application, as a general rule, is 5 basic units (about 57 euros). A special permit is issued free of charge if the employer of the immigrant worker is an investor and / or an organization created by this investor or with his participation, after concluding an investment agreement during the implementation of an investment project . All resident s and participant s construction projects, the investor am Chinese-Belarusian Industrial Park Great Stone, Chinese-Belarusian joint closed joint-stock company for the development company of the industrial park is also a work permit shall be issued free of charge.

Terms for obtaining permission

According to the general rule, the period for consideration of an application is 15 days from the date of application. For certain categories of legal entities, a shorter period is established:

an investor and (or) organization, established in the established manner in the Republic of Belarus by this investor or with his participation, after concluding an investment agreement when implementing an investment project - 7 days;

organizations - residents of the High-Tech Park and members of the scientific and technological association Infopark - 7 days;

resident, participant in the construction of facilities, investor in the China-Belarus Industrial Park "Great Stone", Sino-Belarusian joint closed joint-stock company "Company for the Development of the Industrial Park" - 5 days.

Validity period

A special permit may be issued for the following period:

2 years - in relation to highly skilled workers;

1 year - in relation to all other categories of workers.

Features of obtaining permission to work as a director

Remember the peculiarity that a foreign citizen who is attracted to the position of the head (director) of a commercial organization in whose creation he participated (as the owner of the property, founder, participant) does not need a special permit for employment.

What gives a work permit?

It’s easier to explain what gives the lack of a work permit. And a foreign citizen working without a special work permit on the basis of part 1 of article 23.55 of the Code of the Republic of Belarus on administrative offenses may receive a warning, deportation or a fine of up to 50 basic units (about 575 euros).

Renewal of a work permit

The validity period of the Special Permit may be extended once. After a one-time extension, the employer has the right to apply for a new Special permit.

Cancellation of work permit

At the expiration of the employment contract (contract), a work permit is automatically canceled.

Citizens, which countries do not need a work permit?

According to D slander of the Eurasian Economic Union (entered into force on January 1 2015), Kazakhs, Russians, Armenians, citizens of the Kyrgyz Republic, may be employed on the territory of Belarus without registration restrictions for the protection of the national labor market. At the same time, workers of the member states of the Treaty do not need to obtain permission to carry out labor activities in the state of employment. The period of temporary stay (residence) of a working Member State and family members in the territory of the state of employment is determined by the duration of the labor or civil law contract concluded by the Member State worker with the employer or customer of the work or services.

Special categories of people who can be employed without a special permit to work in Belarus:

- heads of representative offices of foreign organizations in the Republic of Belarus;

- foreigners permanently residing in the territory of the Republic of Belarus (i.e. having a permit for permanent residence);

- foreigners who have concluded an employment contract (contract) with a resident of the High-Tech Park;

- foreign winners (laureates) of national (international) contests, awarded in their professional activities.

Photo: kadrovyhdel.ru, kubnews.ru