The procedure for obtaining special permits for employment in Belarus
When do I need to get special permission to hire a foreigner?
Like many countries of the world, the Republic of Belarus does not allow employers to hire foreigners who do not have a residence permit without observing certain conditions (special work permit). This practice protects the national labor market.
Even opening a business in Belarus does not automatically give a foreigner the right to work. Only the director, who is the founder, has a small benefit - he is exempted from the obligation to take measures to fill a vacancy with a citizen of the Republic of Belarus or a permanently resident foreigner (stateless person).
However, there are exceptions to the general rule when a work permit for a foreigner is not required:
- if the tenant is a resident of the OEM;
- if the employee is a citizen of the EAEU;
- if the employee is accepted for the position of head of the representative office of a foreign organization;
- laureates of international and national competitions.
|Obtaining a work permit in Belarus||From 250 Euro (€)|
We are taking measures to find a candidate among residents of Belarus.
Before applying for a special permit, it is worth submitting to the employment center information about the availability of a vacancy in order to fill this vacancy with a Belarusian or a person holding a residence permit.
The search for the Belarusian candidate must be carried out at least 15 working days, otherwise the issuance of a special permit may be refused on a formal basis - non-compliance with the deadline.
Foreign citizens planning employment in Belarus need to take into account the nuances of visa. So, the type of visa can significantly affect labor rights as follows:
- tourist visa. A person who is in Belarus on a tourist visa cannot apply for a work permit. To obtain a special permit, he needs to leave Belarus for the period of consideration of the application at the UGIM.
- student visa. With this visa, you can work without special permission, but only in the received specialty. It will not be possible to obtain a work permit in a non-core direction. Including this rule is valid for a year after graduation.
- business visa. Allows you to apply for a special work permit without any restrictions.
- visa-free regime for 30 days. Like a tourist visa, it does not entitle you to apply for a special work permit.
Work permit and submission of documents to the UGIM.
A special permit for the right to engage in labor activity is issued by the regional (Minsk city) department of citizenship and migration of the Ministry of Internal Affairs of the Republic of Belarus at the place of registration of the employer.
To obtain special permission, the relevant documents are submitted to the citizenship and migration authority. Among them:
- statement of the established form,
- a copy of the migrant’s passport with a translation into Russian or Belarusian,
- receipt of state duty in the amount of 5 basic units.
The translation of the passport does not have to be notarized, it can be certified by the head of the employer or a trustee.
In the application, special attention should be paid to the competent justification of the need to hire this particular foreign citizen.
The term for consideration of documents for obtaining a special work permit as a general rule is 10 calendar days.
In deciding whether to grant a special permit, a government agency in practice takes into account a number of factors. However, the main factor is the conclusion of the labor committee of the local regulatory body on the advisability of attracting labor.
Therefore, it is quite problematic to obtain a special permit for an employee whose specialty is not in demand in Belarus or for which there is a significant offer in the domestic labor market, even if the employer claims that he has not found a suitable candidate in the labor market.
Register an agreement with migrant workers at the UGIM.
An employment agreement (contract) concluded on the basis of a special permit with a foreigner must be submitted to the UGIM for registration within a month. For the lack of registration of the contract, administrative liability is provided.
It is important to pay attention that the contract is concluded for a period that would not exceed the period for issuing a special permit, and also include the provisions stipulated by the Belarusian migration legislation as mandatory, for example, on the living conditions of the family of a migrant worker in Belarus.
Amendments and additions to an employment contract with a migrant worker are also registered with the UGIM. There is no fee for registering an employment contract.
Work permit: important nuances.
A special permit gives the right to live and work in Belarus with a temporary residence and, if necessary, an entry visa. However, after the expiration of the period for its issuance, the special permit should be extended according to a procedure that is similar to obtaining a special permit again.
In conclusion of all the above, it should be noted that if it is necessary to attract more than ten migrant workers, the employer should obtain permission to attract labor. At the same time, the number of ten will not include founding directors, as well as highly qualified employees with high wages (more than 15 minimum wages).