Employment of foreign citizens

Starting from July 1, 2023 the Law "On Amendments to the Law of Belarus "On External Labor Migration" No. 233-3 of December 30, 2022 came into force.

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 - the Law on the Legal Status of Foreigners), the procedure for employment of foreign citizens and stateless persons (hereinafter - 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 labor activities under a labor 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 - the Law "On External Labor Migration").

Part two of Article 2 of the Law "On External Labor Migration" establishes a list of foreigners who are not covered by this Law. When hiring such persons, the employer does not have to obtain a permit to attract foreign labor force, as well as a special permit for the right to engage in labor activity in the Republic of Belarus. (hereinafter - 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 came into force on July 1, 2023, amended the list of foreigners not covered by the Law.

It includes foreigners:

This norm concerns only foreigners who receive education in educational institutions of the Republic of Belarus or who have graduated from educational institutions of the Republic of Belarus and are employed according to their specialty and qualifications.

Taking into account the norms of paragraph 3, part 1, Article 26 of the Labor Code of the Republic of Belarus (hereinafter -- the Labor Code), when concluding an employment contract, the employer must require, and the citizen must present to the employer a document of education or a document of training, confirming the existence of the right to perform this work.

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

At the same time, foreigners who receive vocational, specialized secondary and higher education in Belarusian educational institutions will be able to work in any, not only in the speciality they receive, but only 20 hours a week.

Only a fixed-term labor contract shall be concluded with immigrant workers, except for a contract. At the same time, the term of this contract shall not exceed the term 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" stipulates that if after July 1, 2023 a foreign citizen educated in the Republic of Belarus applies for a job according to the specialty obtained and the I qualification assigned, even regardless of the date of graduation from the educational institution, the I employer also does not need to issue a special permit.

The named young specialists acquire the right to employment on an equal footing with citizens of Belarus.