CHANGES IN THE PROCEDURE FOR REGULATING THE EMPLOYMENT OF FOREIGN CITIZENS

Details: Published on Friday, 03 November 2023 12:06

In accordance with Part 2 of Article 11 of the Law of the Republic of Belarus "On the Legal Status of Foreign Citizens and Stateless Persons in the Republic of Belarus" (hereinafter referred to as the Law on the Legal Status of Foreigners), the procedure for employment of foreign citizens and stateless persons (hereinafter referred to as foreigners) temporarily staying and temporarily residing in the Republic of Belarus is determined by special legislative acts of the Republic of Belarus.

The entry of foreigners temporarily staying and temporarily residing in the Republic of Belarus for employment and employment under an employment contract and the implementation of such activities in the Republic of Belarus is regulated by the Law of the Republic of Belarus "On External Labor Migration" (hereinafter referred to as the Law "On External Labor Migration").

Part 2 of Article 2 of the Law "On External Labour Migration" establishes a list of foreigners to whom this Law does not apply. When employing such persons, the employer does not have to obtain a special permit for the right to work in the Republic of Belarus (hereinafter referred to as the special permit, respectively).

The Law of the Republic of Belarus of December 30, 2022 "On Amendments to the Law of the Republic of Belarus "On External Labor Migration", which entered into force on July 1, 2023, amended the list of foreigners to whom the Law does not apply.

It includes foreigners:

receiving vocational, secondary specialized and higher education in educational institutions of the Republic of Belarus and employed under employment contracts with the duration of working hours not exceeding half of the normal duration of working hours established by labor legislation;

who have received vocational, secondary specialized and higher education in educational institutions of the Republic of Belarus and are employed in the specialty and (or) qualification they have acquired.

This rule applies exclusively to foreigners who are studying in educational institutions of the Republic of Belarus or who have graduated from educational institutions of the Republic of Belarus and are employed in the specialty and qualification they have acquired.

Taking into account the provisions of paragraph 3 of part 1 of Article 26 of the Labor Code of the Republic of Belarus (hereinafter referred to as the Labor Code), when concluding an employment contract, the employer is obliged to demand, and the citizen must present to the employer a document on education or a document on training, confirming the right to perform this work.

Consequently, if a foreigner studying in educational institutions expresses an intention to find a job in the Republic of Belarus during the period of education, then in this case the employer who employs him does not need to obtain a special permit. When applying for a job, such a foreign citizen submits:

a document confirming education in the Republic of Belarus;

A passport or other document substituting it, intended for travel abroad and issued by the relevant authority of the state of nationality or habitual residence of the foreigner, or by an international organization.

At the same time, foreigners receiving vocational, secondary specialized and higher education in Belarusian educational institutions will be able to find a job in any specialty, but only 20 hours a week.

Immigrant workers are subject to only fixed-term employment contracts, with the exception of contracts. At the same time, the term of this agreement should not exceed the period of validity of the temporary residence permit issued to the foreigner.

The Law of the Republic of Belarus of December 30, 2022 "On Amendments to the Law of the Republic of Belarus "On External Labor Migration" determines that if after July 1, 2023, a foreign citizen who received education in the Republic of Belarus applies for a job in the specialty obtained and the qualification assigned to him, even regardless of the date of graduation from an educational institution, then the employer also does not need to obtain a special permit.о

These young specialists acquire the right to employment on an equal basis with citizens of Belarus.