Recruitment

In accordance with the first paragraph 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 - the Law on the Legal Status) foreign citizens permanently residing in the Republic of Belarus and persons without citizenship (further - foreigners) are entitled to engage in labor and entrepreneurial activities on an equal basis with the citizens of the Republic of Belarus in a manner established by the legislative acts of the Republic of Belarus, subject to the limitations provided for in Articles 19 and 20 of the Law on the Legal Status.

In accordance with the second paragraph of Article 11 of the Law on the Legal Status of the order of labor activity by foreigners temporarily staying and temporarily residing in the Republic of Belarus is determined by special legislation of the Republic of Belarus, in particular the Law of the Republic of Belarus "On External Labor Migration" (hereinafter - the Law on Labor Migration).

The Law on Labor Migration has determined that a foreigner who does not have a permanent residence permit in the Republic of Belarus must receive special permission for labor activity in the Republic of Belarus, which is issued at the request of the employer of the Republic of Belarus by the Department of Citizenship and Migration of The Department of Internal Affairs of a Regional Executive Committee or by the Minsk City Executive Committee at the place of registration of the employer.

One of the conditions for obtaining a special permission by the employer of the Republic of Belarus is the presence of conclusion of The Committee for Labor, Employment and Social Protection of the Regional Executive Committees and the Minsk City Executive Committee on the possibility of alien employment under an employment contract in the Republic of Belarus. In preparation for the conclusion, labor market conditions and availability labor, the employer’s inability of filling job vacancies (jobs) by citizens of the Republic of Belarus and foreigners permanently residing in the Republic of Belarus are taken into account.

Should an international treaty of the Republic of Belarus establish other rules than those stipulated by the Law on Labor Migration, the rules of  the international treaty of the Republic of Belarus shall be applied (Article 3 of the Law on Labor Migration)

External labor migration issues are within the purview of the Department on Citizenship and Migration of The Ministry of Internal Affairs (Official website of The Ministry of Internal Affairs: http://mvd.gov.by).

Foreign nationals seeking employment in the territory of the Republic of Belarus can search for jobs on their own, using the Nationwide Job Bank (hereinafter - the Bank of Vacancies), which is posted on the Internet site of the Ministry of Labor and Social Protection of the Republic of Belarus at the following address: http://vacancy.mintrud.by.

The Bank of Vacancies provides information about the availability of jobs, as well as information on available vacancies in the organizations of the republic with the provision of residential premises. The Bank of  Vacancies is updated daily.

The vacancy search is done by the following categories: profession (position), required level of education, wages, region, nature and mode of operation.

To clarify the conditions of work, living and wages, as well as other information of interest, the citizen should contact the organization directly.

The Article 18 of the Law "On Investments" stipulates that investors and (or) commercial organizations established in the prescribed manner with the participation of the investor (investors) have the right to attract foreign citizens and stateless persons into the Republic of Belarus, including those with non-permanent residence permit in the Republic of Belarus, for carrying out labor activity in the Republic of Belarus under the terms of labor contracts in accordance with the Legislation of the Republic of Belarus.

In accordance with Article 3 of the Labor Code of the Republic of Belarus (hereinafter - the Labor Code), the Labor Code is applied in relation to all workers (including foreign citizens) and employers who have made labor contract in the Republic of Belarus, unless otherwise specified by legislative acts or international treaties of the Republic of Belarus.

For example, if the employee and the employer have concluded an employment contract in the Republic of Belarus, such a contract must be concluded on the basis and in accordance with the legislation of the Republic of Belarus on labor. Another part of the application to the Labor Code in respect of certain categories of employers and employees (i.e. a different scope of the Labor Code), as follows from Article 3 of the Labor Code, may be set by legislative acts or international treaties of the Republic of Belarus.

According to Article 26 of the Labor Code, an employment seeking citizen must submit to the employer the following documents:

1) Identity document. The document certifying in the Republic of Belarus the identity of a foreigner temporarily staying or temporarily residing in the Republic of Belarus, except for foreigners who have been granted refugee status in the Republic of Belarus, is a document for travel abroad (Article 52 of the Law on the Legal Status). The document for travel abroad is a valid passport or other document substituting it, intended for traveling abroad and issued by the relevant authority of the State of nationality or habitual residence or international organization (Article 1 of the Law on the Legal Status). Identity document for foreigners who have received a permanent residence permit in the Republic of Belarus is the residence permit (paragraph 1 of the Decree on the documentation);

2) Labor book (except for the first time and part –time employees). On the territory of Belarus, employers fill labor books of the old sample (issued during the period of USSR Union Republic) or sample employment record of Belarus in 1993, 1995. Employment record books of other states are not filled by employers. In this regard, in the case of the absence of a foreign employment record or if there is an employment record of unknown sample, the employer provides a foreigner with the republican sample of the labor book dated in 1995;

3) Diploma or a certificate of education and training, confirming the existence of eligibility to perform this work;

4) Individual rehabilitation program (for the disabled);

5) Declaration of income and property, insurance certificate, medical health certificate and other documents to confirm the other circumstances relevant to the work if their presentation is stipulated by legislative acts.

The activities of the representative offices of foreign companies in the Republic of Belarus is regulated by the Regulation on the establishment and activities in the Republic of Belarus, approved by the Council of Ministers of the Republic of Belarus on December 31, 2013 № 1189 (hereinafter - the Regulation).

The Regulation stipulates that the representative office of a foreign company may be established (unless otherwise stipulated by international treaties concluded by the Republic of Belarus, or legislative acts of the Republic of Belarus) only for the purposes of performing activities of preparatory and auxiliary nature in the name and on behalf of a represented foreign company, including:

- to effectively promote the implementation of international treaties of the Republic of Belarus on cooperation in trade, economy, finance, science and technology, transport, to find opportunities for further development and improvement of such cooperation, the establishment and expansion of the exchange of economic, commercial and scientific and technical information;

- the study of commodity markets of the Republic of Belarus;

- explore opportunities for investment in the territory of the Republic of Belarus;

- the creation of commercial organizations with participation of foreign investors;

- ticket sales and booking of air, railway, road and sea transport;

- other socially useful activities.

Article 17 of the Regulation provides employment in the offices of foreign companies in accordance with the Legislation of the Republic of Belarus on labor. This provision applies both to citizens of the Republic of Belarus, as well as foreign citizens and stateless persons employed in the office of a foreign organization in the Republic of Belarus.

According to Article 11 of the Regulation on the opening and operation of representative offices of foreign organizations in the Republic of Belarus, along with other information, the number of foreign citizens and stateless persons – employees of the representative offices is indicated (it must not exceed five).
 

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Ministry of Foreign Affairs of the Republic of Belarus