Obtaining a work permit for an HTP employee
The procedure for hiring foreign workers for HTP residents and non-residents is different.
HTP residents are not required to obtain special permits for the right to work in the Republic of Belarus in relation to foreign citizens and stateless persons who do not have permits for permanent residence in the Republic of Belarus who have entered into an employment agreement (contract) with a resident of the HTP.
A HTP resident, within three days from the date of conclusion of an employment contract with a foreign citizen or stateless person who does not have a permanent residence permit in the Republic of Belarus, must notify in writing the citizenship and migration departments of the departments, the Department of Internal Affairs of the city, district executive committee (local administration) at the place of residence (stay) of this employee on the conclusion of such an employment agreement (contract) with a copy of it attached.
Conclusion of an employment contract with a foreign citizen: what should be reflected in an employment contract
An employment contract (contract) with a foreign worker must contain not only the general requirements contained in the Labor Code (Article 19), but also special requirements for an employment contract with a foreigner, established by the Law on External Labor Migration.
So, in an employment contract with a foreign employee, it is mandatory to indicate: places of work and divisions, functions performed, conditions of remuneration, procedure, grounds for termination, amendment and extension of an employment contract, conditions for moving to the Republic of Belarus, food, accommodation, medical care.
An employment contract (contract) must be concluded in one of the state languages of the Republic of Belarus. If these languages are not native or understandable for a foreign employee, then the employment contract must also be concluded in the native language or another language understandable for such an employee.
In addition, the employer has the full right, if necessary, to include other conditions in the employment contract.
According to general rules, the term of an employment contract concluded on the territory of the Republic of Belarus between a foreign worker and an employer should not exceed the period of validity of a special permit. However, this rule does not apply to HTP residents.
Obtaining a temporary residence permit for an employee of an HTP resident company
A temporary residence permit for a foreign citizen and stateless person who has entered into an employment agreement (contract) with a resident of the HTP is issued for the duration of the concluded labor agreement (contract), including taking into account the extension of its validity period, and 2 months after its termination.
The HTP resident is obliged to notify the Citizenship and Migration Unit about the extension of the term of such an employment agreement (contract), within three working days from the date of the extension of the term of the employment agreement (contract) with a copy of the relevant extension agreement attached.
In addition, foreigners attracted by HTP residents under employment contracts are allowed to enter Belarus (leave the country) without a visa.
Foreign citizens and stateless persons who do not have temporary residence permits in the Republic of Belarus are granted the right to stay on the territory of the Republic of Belarus for 180 days in a calendar year.
Such persons will be able to enter the territory of the Republic of Belarus on the basis of the relevant lists submitted to the State Border Committee by the HTP administration.
Obtaining residence permits for the family of an employee of an HTP resident company
The Regulations on the HTP do not provide for any benefits for obtaining a temporary residence permit for the family of a foreign employee who has entered into an employment agreement (contract) with a resident of the HTP.
In this regard, the general procedure established by the Law of 04.01.2010 “On the legal status of foreign citizens and stateless persons in the Republic of Belarus” is in force.
Thus, a temporary residence permit can be issued to the spouse, disabled parents or adoptive parents, as well as minor children (including those adopted or adopted) of a foreign employee. This right is exercised by a foreigner if there are legal sources of income in the Republic of Belarus in the amount of not less than the subsistence level for him and his family members.
Family members of such a foreign worker, in turn, have the right to move with their relative if they receive a temporary residence permit. Family reunification will be the basis for obtaining this permit.
It should be noted that in the employment contract with a foreign employee, the employer has the right to indicate in it such an additional condition as the possibility of entry into the Republic of Belarus of the foreigner’s family members together with him or later.
To obtain a temporary residence permit, it is necessary to contact the department for citizenship and migration of the Internal Affairs Directorate at the place of intended residence in the Republic of Belarus and submit the documents provided for in paragraph 12.6 of the List of administrative procedures carried out by state bodies and other state organizations upon applications of citizens approved by the Decree of the President of the Republic of Belarus dated 04/26/2010 No. 200.
Dismissal of an employee of an HTP resident company
Dismissal of foreign employees of HTP residents from work is carried out in accordance with the labor legislation of the Republic of Belarus and international treaties of the Republic of Belarus.
In addition, the procedure and conditions for terminating an employment contract with a foreign employee is one of the prerequisites of an employment contract.