On July 1, 2023, the instruction on the procedure and conditions for issuing a conclusion on the possibility of a foreign citizen or stateless person carrying out labor activities in the Republic of Belarus came into force.
1. A conclusion on the possibility of a foreigner carrying out labor activities in the Republic of Belarus is issued by the labor committee, at the request of the citizenship and migration department for the issuance of a special permit for the right to engage in labor activities in the Republic of Belarus.
2. The request of the citizenship and migration unit is sent to the committee at the location of the free workplace (vacancy). A copy of the employer's application for a special permit is attached to the request of the Citizenship and Migration Unit.
3. The Committee considers the request of the Citizenship and Migration Unit and takes into account the situation in the field of employment and unemployment in the area.
4. The Committee issues a negative opinion if:
4.1. the employer has not provided the Committee on Labor, Employment and Social Protection with information about the vacancy for which a foreigner is hired;
4.2. information about vacancies declared by the employer to the body for labor, employment and social protection and posted in the All-Republican Bank of Vacancies on the Internet portal of the state employment service was available for less than fifteen working days, and those declared by the employer as an investor - less than seven working days;
4.3. the employer three or more times refused to hire citizens of the Republic of Belarus with the appropriate qualifications who were sent by the labor, employment and social protection body for employment for a vacancy for which a foreigner was hired;
4.4. there is information about whether the employer has arrears in wages as of the date of receipt of the request from the citizenship and migration unit;
4.5. the information specified in the copy of the employer's application for a special permit does not correspond to: information about the vacancy declared by the employer to the labor, employment and social protection authority and posted in the Vacancy Bank; According to Art. 26 of the Labor Code, a foreign citizen must present the following documents to the employer of the Republic of Belarus:
1) identity document;
2) work book, with the exception of those entering work for the first time and part-time workers;
3) a diploma or other document on education and professional training confirming the right to perform this work;
4) assignment to work on account of reservation for certain categories of workers in accordance with the law;
5) an individual rehabilitation program for a disabled person (for disabled people);
6) declaration of income and property, insurance certificate, medical report on health status. Employer's petition, employment contract, higher education diploma or master's degree. A prerequisite is compliance with the specialty acquired and the work activity performed. If this condition is not met, foreigners are employed in the general manner.
When hiring, the employer must not obtain a special permit to engage in labor activities for the following foreigners:
1.receiving vocational, technical, secondary specialized higher education in educational institutions of the Republic of Belarus and employed under employment contracts with a working time of no more than half of the normal working time established by labor legislation;
2. who have received vocational, secondary specialized and higher education in educational institutions of the Republic of Belarus and are employed in the acquired specialty or assigned qualifications. When concluding an employment contract, the employer is obliged to require, and the citizen must present to the employer, a document on education or a document on training confirming the right to perform this work. If a foreign student expresses an intention to find a job, he must present when applying for a job:
1. document confirming receipt of education in the Republic of Belarus;
2.passport or other document replacing it. Working hours for students are 20 hours per week.
