The hiring of foreign citizens has some features related to their status. So, an employer who intends to use the labor of foreign citizens who do not have a permit for permanent residence in the Republic of Belarus in the amount of more than 10 people, must obtain permission to attract foreign labor. Such permission is issued by the Department of Citizenship and Migration of the Ministry of Internal Affairs of the Republic of Belarus (hereinafter - the Department).
It is important to note that hiring foreign citizens in the Republic of Belarus without a permit to attract foreign labor is a violation and entails bringing the person who committed such a violation to administrative responsibility.
Documents required for issuing or a single extension of the validity of a permit to attract foreign labor and a special permit, amending them, the date of issue and validity, as well as the amount of fees charged are determined:
So, to obtain permission, the employer must provide:
Further, after providing the above-mentioned documents, the Department sends a request at the place of state registration of the employer to the labor, employment and social protection authority. This request is considered within 7 days.
As a result, the period for issuing permission is 15 days from the date of application, and its validity is one year. For issuing a permit, the tenant needs to pay 5 basic units (free of charge - for the investor and / or organization established in the established manner in the Republic of Belarus by this investor, or with his participation, after the conclusion of the investment agreement during the implementation of the investment project and in other cases stipulated by legislative acts). If the validity of the permit to attract foreign labor expires, the employer has the right to renew it once. In the future, the employer has the right to apply for a new permit.
To extend the period of validity of this permit, the employer must submit the following documents to the Department of Citizenship and Migration:
The employer (his representative) must apply for the extension of the permit to attract foreign labor no later than 15 days and not earlier than 2 months before the expiration of the previously issued permit. A note on the extension of a permit to attract foreign labor is affixed by the Department of Citizenship and Migration on the initial permit form.
For the extension of a permit to attract foreign labor, a fee of 3 basic units is charged (free of charge for an investor and / or organization established in the established order in the Republic of Belarus by this investor, or with his participation, after concluding an investment agreement when implementing an investment project and in other cases stipulated by legislative acts).
A situation may also arise when, for one reason or another, it will be necessary to amend the current permit to attract foreign labor. To do this, you will need to provide the following documents to the Department:
Changes to the current permit are made within 7 days from the date of application and are free.
It is important to know that employment for certain positions is regulated not by general norms of labor legislation, but by the norms of special legislation, which only allows citizens of the Republic of Belarus to be hired. So, foreign citizens cannot be accepted into the civil service in state bodies, in internal affairs bodies, bodies and units for emergency situations, bodies of financial investigations, etc.
The lawyers of our Law Office have extensive experience representing clients in obtaining permits to attract foreign labor in the Republic of Belarus.
The help of our lawyers is as follows:
Allford Group Law Office, TAX № 805090430 All advocates of Allford Group Law Office carry out their activity within the Law Office which is a part of Minsk regional bar association.
