Changes in legal regulation of foreign labour

Belarus: New amendments introduced to the Law “On external labour migration”.

 As stated in the previous version of the Law “On external labour migration”, an employer seeking to hire more than 10 foreign workers must obtain a special permit to do so. The new version of the Law keeps the number of foreign employees at the same level but states that when counting the number of foreign employees the following are excluded:
– highly qualified foreign employees (with relevant professional experience of not less than 5 years and whose monthly salary is not less than fifteen times the minimum salary in Belarus – as of 26 January 2016, about 1500 euro);
– foreign company executives who are property owners (founders, partners) while establishing a company;

Note that it is still necessary to obtain a special permit for the above-mentioned employees.

Further, according to the new amendments, not only employment agreements with foreign nationals must be registered but also certain changes introduced to them. For example, amendments to material terms of the employment contract (e.g. labour function, rights and duties, term, terms of payment, conditions for moving to the Republic of Belarus, food, accommodation and other) must be registered.

Note that a permit to employ foreign workers may now be refused if an employee who does not have permanent residence in the Republic of Belarus is a citizen of a (given) State which behaves abusively in the context of migration. In addition, it will be possible to extend a special permit only once, then after its expiration it is necessary to apply for a new special permit.

The list of people who are not subject to the Law “On external labour migration” is extended. For example, these are people who are receiving higher education in the educational institutions of the Republic of Belarus and seeking a job according to their specialty to be obtained.

We remind you that since 7 September 2015 the Law “On external labour migration” does not apply to the heads of representatives of foreign organizations, and consequently these people do not have to obtain a special permit.

The Law “On external labour migration” also does not apply to foreign nationals who carry out work on equipment assembly (supervising installations) and (or) provide services for training of personnel operating that equipment for a period not exceeding 90 days. The Law comes into force on 15 July 2016.

Source: National legal Internet portal of the Republic of Belarus (NLIP) 14. 01. 2016, 2/2351.

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