Special Work Permit in Belarus

A special work permit is a document that allows an employer in Belarus to hire a foreign citizen. Such a document is issued for the hiring of one foreigner for a specific position. The presence of a special permit and an employment contract allows the foreigner to obtain a residence permit in Belarus for up to 1 year.

Processing time for a work permit

The time frame for obtaining a special permit largely depends on the category of the employer. There is a general and a special procedure for obtaining a work permit.

General procedure: the permit will be obtained within 5 weeks after the start of the procedure.

Special procedure: is associated with certain benefits and relaxations (possible both for the employer and for citizens of certain states). For example, for citizens of Ukraine, it is not necessary to obtain a conclusion from the employment authority and there is the possibility of processing documents for foreigners within 5 days.

Certain simplifications also exist for residents of Free Economic Zones, the Great Stone Industrial Park, etc.

Who is a highly qualified specialist (HQS)?

An HQS must meet certain requirements:

1) Professional education – mandatory.

2) Work experience – at least 5 years.

3) Remuneration – at least 5 minimum wages in Belarus.

If the criteria are met, a foreigner can immediately obtain for 2 years:

• a work permit;
• temporary residence in Belarus.

Also, after 3 years of permanent residence in Belarus, a foreigner with HQS status is entitled to apply for a permanent residence permit.

Peculiarities of labor relations with foreigners

After obtaining a special permit, an employment contract is concluded with the foreigner. Please note that the legislator directly restricts the conclusion of a labor contract (fixed-term) with foreign workers. The employment agreement must be drawn up taking into account the requirements of the Law “On External Labor Migration,” with mandatory notification to the Migration Department.

Extension and cancellation of a work permit

The legislation in the field of labor migration establishes a closed but very extensive list of grounds for cancellation of a work permit. The grounds are divided into two groups:

1. unconditional – the work permit must be cancelled by the migration service:
   – provision of false information,
   – non-payment of contributions to the Social Security Fund,
   – failure to carry out labor activity for more than 6 months.
2. at discretion: the work permit may be cancelled, for example:
   – if the foreigner has more than 5 fines,
   – or more than 2 unpaid fines.

Extension of a work permit is possible only once, and only for a period of 1 year (for HQS – 2 years). If it is necessary to continue labor relations with the foreigner, it can only be done through the procedure of obtaining a new work permit.

For foreigners from EAEU countries, there are special procedures for formalizing labor relations:

• there is no need to obtain a special work permit;
• it is possible to conclude a labor contract (fixed-term);
• the term of the employment agreement (contract) can be up to 5 years or it is possible to conclude an open-ended employment agreement.

The legislator also allows the conclusion of a civil law contract, however, we recommend that the employer assess all possible risks of concluding such a contract and monitor the current practice of the tax authorities.