On July 15, 2016 amendments to the Law of the Republic of Belarus “On External Labour Migration” come into force.
For certain categories of foreigners a number of benefits have been established, rights and duties of immigrant workers and employers have been also specified, deadlines for their implementation have been set, etc. It is worth noting that a number of changes will facilitate the occupation of vacancies by foreigners who permanently reside on the territory of the Republic of Belarus.
According to experts, the changes in the law will have a positive impact on the immigration law; administrative procedures in the field of labor migration will become more understandable and transparent to the law enforcers.
Major changes:
The term “an employer of the Republic of Belarus” (hereinafter – an employer) for a foreign organization has been clarified.
This term will cover only those foreign organizations that carry out recruitment of foreigners to work in their representative office on the territory of Belarus.
Currently, the presence in Belarus automatically entails the duty of the parent company to register their employees with the requirements of the Act, regardless whether an alien is sent to work in the office, or perform other labor function in Belarus not related to activities of the representative office. After 15 July 2016, if working immigrant will be sent / employed by the parent company to perform the work function in Belarus, but not in the office of his company and, for example, to perform the work within the framework of the construction site, it will not be subject to the law of action and, accordingly, there will not be needed to issue a special permit for labor activity in the Republic of Belarus (hereinafter — special permit).
The list of relations connected with employment and labor activity in Belarus by foreigners, who are not covered by the law of action, has been extended.
The law will not apply to foreigners:
- Graduating from the educational institutions of the Republic of Belarus and working in their specialty;
- Graduated from the educational institutions of the Republic of Belarus and has been working in their specialty and qualification for 1 year after certification.
This means that foreigners, who are still studying or have already received their education in Belarus (within 1 year after receiving education) are entitled to employment on equal terms with citizens of the Republic of Belarus.
Special incentives for employers will be foreseen to those who attract skilled workers, with regard to the obligation to obtain permission for employment of foreign nationals
Currently, the employer must obtain a permit to employ foreign workers when the amount of involved foreigners exceeds 10 people.
Since the entry into force of the new edition of the Law in the specified number the following people will not be included:
- the head of the commercial organization in the creation of which he participated (as a property owner, founder, participant);
- foreigners, recognized as skilled workers (foreign citizens and stateless persons who have a high level of professional knowledge and skills, confirmed by the documents on education and work experience in the specialty for at least 5 years, the value of a monthly salary specified in the employment contract fifteen times more than the value of monthly minimum wage established in Belarus).
Approach to issuing special permit has been changed
Today special permit is issued to a foreigner at the request of an employer; however, since the date of entry into force of the amendments, it will be issued to an employer in respect of a foreigner.
It has been also clarified that in case of the special permit issuance to a foreigner who has been involved as the head of the organization, in the creation of which he participated (as a property owner, founder, participant), a special permit is issued without labor authority’s opinion on the possibility of a foreigner to be engaged in labor activity under an employment contract in Belarus. At the same time, as a general rule, any special permits are issued only on the basis of such a positive conclusion.
The introduction of this exception will positively affect the issuance of special permits to the heads of Belarusian organizations with whom such organizations werefounded.
Provisions for extension of permits have been consolidated
Since the duration of the permit for attracting foreign labor force and a special permit may be renewed only once. After that, the employer has the right to apply for a new permit.
Despite the fact that the current law does not contain any of these provisions, the practice is going along this path.
Source: revera.by