Belarus: New Work Permit Exemption Among Multiple Changes to Immigration Rules

Employers of the following foreign nationals no longer need to obtain a special work permit or conduct a labor market test:

• • foreign employees on business trips (of two months or less) to representative offices; and
  • foreign nationals whose roles are included on a government list of unrestricted foreign employee categories, which currently lists 10 categories, including drivers, engineers, nurses, and veterinarians, among others.

These foreign nationals only need to enter into an employment agreement, while employers must notify migration authorities within three business days of entering into, extending or terminating such agreements.

• • Employers no longer need to apply for a “foreign labor” permit when seeking to hire more than 10 foreign nationals. Rather, employers will simply need to arrange a “special work permit” for each employee, with the exception of certain categories of foreign nationals.
  • Previously, employers in this situation had to obtain a “foreign labor” permit. Any such permits became void from July 1, 2023 and should have been returned to local migration authorities by August 1, 2023.

• • Employers must notify local migration authorities about any commencement or termination (and, for certain work permit exempt categories, the extension) of a foreign national’s employment agreement within three business days of such an event.
  • Notifications must be made via a state-prescribed form and must include (among other items): information about the employer, the employee, and the relevant position. The notifications can be filed in person, by mail, by courier or electronically.
  • Previously, employers had to register with migration authorities within one month of the signing of, or changes to, an employment agreement. As part of this process, employers had to submit documents in person, by courier or by mail. Registration procedures could take up to 15 days.
  • Employers must still return special work permits to migration authorities within five business days of the termination of an employment agreement. 

• • Employers now face reduced foreign employee procedural burdens, including no longer needing to notify authorities about amendments to the employment agreement in most instances.
  • However, employers also face a shorter time-frame to notify government authorities about the commencement or termination (and, in certain cases, the extension) of the employment relationship.
  • Employers should therefore ensure they have rigorous internal mechanisms to track the status of their employment arrangements to ensure compliance with this new rule.
  • As with the previous situation, employees can still work immediately after entering into an employment agreement.

• • With exceptions, employers can no longer enter a certain type of fixed-term employment agreement with foreign employees which provided certain employee benefits. Any such agreements must have been terminated before July 1, 2023.
  • Employers of foreign nationals are instead limited to using other types of fixed-term employment agreements with reduced benefits, which are valid only for the length of the special work permit.
  • However, employers can still enter the previous, more beneficial employment contracts with various work permit exempt foreign employee categories, including eligible business travelers and those with roles included on the government list of unrestricted foreign employee categories.

• • There are new grounds for revoking a special work permit, including but not limited to:
    • failure to enter into an employment agreement within six months of receiving a special work permit; and
    • the employer’s non-payment of mandatory insurance contributions.
  • Further, a special work permit will be voided if the employment type is added to the government list of unrestricted foreign employee categories. If this occurs, the employment agreement will remain valid, but the employer must return the special work permit to the migration authority within five business days.