Procedure of Employment of Foreign Citizens Getting Higher Education at Education Institutions of the Republic of Belarus
In accordance with Part 2 of Article 11 of the Law of the Republic of Belarus “On Legal Status of Foreign Citizens and Stateless Persons in the Republic of Belarus” (hereinafter referred to as the Law), the employment procedure for foreigners, temporarily staying and temporarily residing in the Republic of Belarus, is determined by special legislative acts of the Republic of Belarus.
The entry of foreigners temporarily staying and temporarily residing in the Republic of Belarus for employment and labor activities under an employment contract and implementation of such activities in the Republic of Belarus are regulated by the Law of the Republic of Belarus on External Labor Migration (hereinafter referred to as the Law on External Labor Migration).
Part 2 of Article 2 of the Law “On External Labor Migration” provides a list of foreigners who are not covered by this Law. When employing such persons, the employer shall not obtain a permission to employ foreign labor force as well as a special permit for each foreigner to be engaged in labor activities in the Republic of Belarus (hereinafter referred to as permit and special permit, respectively).
Currently, it extends to the foreigners:
- who receive higher education at education institutions of the Republic of Belarus and pursue occupations they are qualified for.
- who have received higher education at education institutions of the Republic of Belarus and have been employed on the acquired occupation and assigned qualification within one year after receiving the occupation and qualifications.
We draw your attention to this rule, which applies exclusively to the foreign citizens who receive higher education or who graduated from higher education institutions and are employed according to the acquired occupation and assigned qualification.
Thus, if a foreign citizen, attending a higher education institution of the Republic of Belarus in the period of getting education, expresses an intention to find a job in the Republic of Belarus on the occupation (profession) acquired, then the employer, who provides him/ her with a job, does not need a special permit.
When recruiting, such a foreign citizen applies with: an academic performance record book; a student ID; a passport or another substituting document intended for traveling abroad and issued by the relevant body of the state of nationality or the usual place of residence of a foreign citizen or a stateless person, or by an international organization.
If a foreign citizen, who has got higher education, applies for a job on the acquired occupation and assigned qualifications within one year after receiving the occupation and qualifications, the employer does not need a special permit. The mentioned students and young specialists receive the right to work on the equal basis with citizens of Belarus.
Given that the Labor Code applies to all employees and employers who have entered into a labor contract in the territory of the Republic of Belarus (Article 3 of the Labor Code), in case of employment in Belarus, according to Art. 26 of the Labor Code, a foreign citizen shall submit the following documents to the employer in the Republic of Belarus:
- Identity document
- Employment record book, except for those, employed for the first time, and part-time workers
- Diploma or any other educational and vocational training certificate, confirming the right to do this job
- Job placement certificate as part of a reserved-job scheme for certain categories of employees in accordance with the law
- Individual rehabilitation program for people with disabilities
- Assets and income declaration, an insurance certificate, a medical report on health condition and any other documents, confirming data relevant to a job if their submission is provided in legal acts