Conclusion of employment contracts

The employment contract on the territory of the Republic of Belarus between an immigrant worker and an employer of the Republic of Belarus is concluded in the manner prescribed by the legislation of the Republic of Belarus.

The procedure for hiring a foreigner and concluding an employment contract with him is the same as for citizens of the Republic of Belarus, with the exception of some peculiarities.

Hiring immigrant workers creates additional responsibilities for the employer:

• to use the labor of foreigners who do not have permanent residence permits in the Republic of Belarus in excess of ten people, the employer must obtain permission to attract foreign labor;
• obtain a special permit for each foreigner who does not have a permanent residence permit in the Republic of Belarus, with whom it is intended to conclude an employment contract;
• issue a copy of the special permit obtained in respect of the given immigrant worker to the immigrant worker;
• the employer is obliged to conclude an employment contract with the immigrant worker and register it, as well as any amendments and (or) additions to it, with the department of citizenship and migration within one month from the date of its conclusion or amendment (addition) (if this period is missed, the employer is subject to administrative liability provided for in Part 4 of Article 23.55 of the Code of Administrative Offenses of the Republic of Belarus);
• terminate the employment contract with the immigrant worker in case of cancellation of the relevant special permit;
• ensure at his own expense the departure from the Republic of Belarus of the immigrant worker in case of early termination of the employment contract at the request of the immigrant worker due to violation of the legislation of the Republic of Belarus on labor, the collective agreement or the employment contract with the immigrant worker by the employer of the Republic of Belarus, as well as in case of cancellation of the permit to attract foreign labor or a special permit due to the fault of the employer of the Republic of Belarus, if there are no other grounds for the foreigner's stay in the Republic of Belarus;
• inform the department of citizenship and migration about the death of the immigrant worker in order to notify the diplomatic mission or consular office of the state of his nationality or usual place of residence through the Ministry of Foreign Affairs of the Republic of Belarus;
• facilitate the departure of the immigrant worker from the Republic of Belarus upon expiration of the term of the employment contract concluded with him;
• reimburse the expenses associated with the deportation from the Republic of Belarus of an immigrant worker hired in violation of the procedure for carrying out labor activities in the Republic of Belarus, as well as in case of cancellation of a special permit;
• Return the special permit to the citizenship and migration department within five working days from the date of termination of the employment contract with the relevant immigrant worker, or receipt of notification of cancellation of the relevant special permit, or expiration of the special permit, as well as in the case when the employment contract with the immigrant worker for whom the special permit was obtained is not concluded.

After properly completing all permits for the attraction and use of foreign labor, the employer must correctly formalize the employment relationship with the foreign employee.

Stages of formalizing hiring and concluding an employment contract:

1. Presentation of documents necessary for concluding an employment contract in accordance with the legislation;
2. Sending the potential employee for a mandatory medical examination;
3. The employee writing an application for employment (not mandatory);
4. Familiarization of the employee with the work assigned, conditions and remuneration, and explanation of his rights and obligations, with the collective agreement, agreement and documents regulating the internal labor regulations;
5. Conducting introductory briefing on labor protection;
6. Conclusion of an employment contract (conclusion, if necessary, of an agreement on full financial liability);
7. Registration of the employment contract with the citizenship and migration department;
8. Formalization of the conclusion of the employment contract by order of employment;
9. Issuance (completion) of an employment record book for the employee (for all employees without exception working more than five days);
10. Formalization of the employee's personal file;
11. Formalization of documents for personalized accounting and submission of them to the territorial bodies of the Social Protection Fund of the Ministry of Labor and Social Protection of the Republic of Belarus (with the consent of the employee to state social insurance).

Rights of an immigrant worker upon conclusion of an employment contract:

• Affordable medical care at the expense of their own funds, funds of employers in the Republic of Belarus and other sources not prohibited by the legislation of the Republic of Belarus;
• Pension provision in accordance with the international treaties of the Republic of Belarus;
• Unhindered transfer of earned funds outside the Republic of Belarus in the manner prescribed by the legislation of the Republic of Belarus, including international treaties of the Republic of Belarus;
• Import into the Republic of Belarus in accordance with the legislation of the Republic of Belarus of tools and equipment necessary for the performance of labor duties for the duration of the employment contract.

The legislation of the Republic of Belarus does not provide for any specifics regarding the list of documents that immigrant workers must present when applying for a job. Consequently, an immigrant worker must present the same documents as a Belarusian worker when being hired, with the exception of some specifics (for example, a notarized translation of original documents legalized in the prescribed manner may be required).

When applying for a job, a citizen must present the employer with the following DOCUMENTS:

1. an identity document:
   • for a foreigner temporarily staying or residing — a document for traveling abroad (usually a passport);
   • for a foreigner who has received a permanent residence permit — a residence permit;
   • for a refugee — a refugee certificate;
   • for those liable for military service — military registration documents;
2. a work record book (with the exception of those entering the workforce for the first time and moonlighters);
3. an education document or a training document confirming the right to perform the given work:
   • a certified translation of the document into one of the official languages of the Republic of Belarus is required in the manner established in the territory of the foreign worker's home country,
   • it is necessary to obtain a certificate recognizing this document and establishing its equivalence to an education document in the Republic of Belarus if the document was issued in a foreign country. Without legalization in the territory of the Republic of Belarus, diplomas, certificates of education, corresponding documents on the awarding of a rank, category, qualification, and other documents necessary for carrying out labor activities issued in:
     the Republic of Azerbaijan,
     the Republic of Armenia,
     Georgia,
     the Republic of Kazakhstan,
     the Kyrgyz Republic,
     the Republic of Moldova,
     the Russian Federation,
     the Republic of Tajikistan,
     Turkmenistan,
     the Republic of Uzbekistan,
     Ukraine
     (Agreement on Cooperation in the Field of Labor Migration and Social Protection of Migrant Workers dated April 15, 1994) are recognized.
4. a job placement order in accordance with the legislation for certain categories of workers;
5. an individual rehabilitation program for a disabled person (for disabled people);
6. a declaration of income and property, an insurance certificate, a medical certificate of health status, and other documents confirming other circumstances relevant to the work, if their presentation is provided for by legislative acts.

Employment without the specified documents is not allowed. It is prohibited to demand documents not provided for by law when concluding an employment contract.

An employment contract with a foreigner must contain the general terms of the employment contract, as well as special requirements established for employment contracts concluded with foreigners:

• the employment contract between an immigrant worker and an employer in the Republic of Belarus is concluded in writing in the Russian and/or Belarusian languages. If Russian and Belarusian are not native or understandable for the immigrant worker, the employment contract is also concluded in the native or other language understandable for the immigrant worker;
• the term of the employment contract concluded in the territory of the Republic of Belarus between the immigrant worker and the employer of the Republic of Belarus shall not exceed the period of validity of the special permit;
• it must contain the procedure, grounds for termination, modification and extension of the employment contract;
• it must contain the conditions for moving to the Republic of Belarus, food, accommodation, and medical care for the immigrant worker.

Thus, the employment contract concluded with a foreigner in the territory of the Republic of Belarus must indicate:

1. data on the employee and the employer;
2. place of work indicating the structural unit to which the employee is hired;
3. job function (work in one profession, specialty, position with indication of qualifications in accordance with the employer's staffing table, functional duties, job description);
4. basic rights and obligations of the employee and the employer;
5. term of the employment contract (shall not exceed the period of validity of the special permit);
6. working hours and rest (if they differ from the general rules established by the employer for this employee);
7. terms of remuneration (including the amount of the employee's tariff rate (salary), additional payments, allowances and incentive payments);
8. procedure, grounds for termination, modification and extension of the employment contract;
9. conditions for moving to the Republic of Belarus, food, accommodation, and medical care for the immigrant worker.

An employer in the Republic of Belarus has the right to determine additional information and conditions in the employment contract with an immigrant worker.

The parties to the employment contract may also include the following conditions:

• on the possibility of entry into the Republic of Belarus of family members of the foreigner together with him or subsequently;
• on a one-time payment to the employee's relatives in the event of his death of compensation in a fixed amount (specific persons must be indicated);
• on the procedure for resolving disputes between the foreign employee and the employer;
• on the establishment of additional payments in connection with the change of country of residence and work;
• about additional guarantees (for example, apartment rental at the expense of the employer, payment for moving to the place of work, etc.).

An approximate sample of an employment contract with an immigrant worker is in APPENDIX 3.

The conclusion of an employment contract in a foreign country between an immigrant worker and an employer from the Republic of Belarus, who is a foreign organization hiring immigrant workers to work in its representative office established in the territory of the Republic of Belarus, is carried out in accordance with the procedure determined by the legislation of the foreign country.

After the termination of the employment contract, the immigrant worker is obliged to leave the Republic of Belarus at their own expense, unless there are other grounds for their stay in the Republic of Belarus.

STATE SOCIAL INSURANCE

A foreigner working in the Republic of Belarus under an employment contract can voluntarily use the state social insurance system – the assignment and payment of pensions, benefits, and other payments under state social insurance (for cases of temporary disability, pregnancy and childbirth, birth of a child, childcare up to three years of age, providing one day off per month for a mother (father, guardian, trustee) raising a disabled child under eighteen years of age, death of the insured person or a family member).

If the employee agrees to state social insurance, the employer must complete documents for personalized accounting and submit them to the territorial bodies of the Social Protection Fund of the Ministry of Labor and Social Protection of the Republic of Belarus. In this case, such a foreigner will enjoy rights and bear obligations on an equal footing with citizens for whom and (or) by whom contributions to state social insurance are paid mandatory.

In order for the employee to be paid a certificate of incapacity for work, the employer pays insurance premiums for social insurance in the amount of 6 percent.

The right to insurance payments upon reaching retirement age, disability, and loss of a breadwinner (pension insurance) also arises only if the employer pays insurance premiums in the amount of 28 percent and the employee (1 percent of earnings) for pension insurance.