On the procedure for the employment of foreign citizens receiving higher education in educational institutions of the Republic of Belarus
In accordance with part 2 of article 11 of the Law of the Republic of Belarus "On the Legal Status of Foreign Citizens and Stateless Persons in the Republic of Belarus" (hereinafter - the Law), the procedure for employment of 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 Belarus for employment and labour activity under a labour contract and the performance of such activity in Belarus are regulated by the Act on External Labour Migration (hereinafter referred to as the External Labour Migration Act).
Article 2, part 2, of the External Labour Migration Act establishes a list of foreigners who are not covered by the Act. When hiring such persons, the employer does not have to obtain a permit to hire foreign labour force and a special permit to engage in labour activities in Belarus for each foreigner (hereinafter - permit and special permit, respectively).
Currently, foreigners include:
- Those who receive higher education in educational institutions of the Republic of Belarus and find employment in the speciality they have obtained
- Those who receive higher education in educational institutions of the Republic of Belarus and find employment in their speciality and qualification within one year after receiving their speciality and qualification.
Please note that this rule applies only to foreign nationals who receive higher education or have graduated from a higher education institution and are employed in their speciality and qualification.
Thus, if a foreign citizen studying in higher education institutions of the Republic of Belarus, during the period of education, expresses the intention to be employed in the Republic of Belarus in the speciality (profession) received, then in this case the employer who employs him/her does not need to obtain a special permit.
For reference:
When applying for a job, a foreign citizen presents:
- a credit book;
- a student ID card;
- a passport or other document replacing it, intended for travelling abroad and issued by the relevant authority of the state of citizenship or usual place of residence of the foreign citizen or stateless person, or by an international organisation.
If a foreign citizen who has received higher education applies for a job in the speciality and qualification obtained within one year after obtaining the speciality and qualification, the employer also does not need to issue a special permit. These students and young specialists acquire the right to employment on an equal footing with Belarusian citizens.
For reference:
Taking into account that the Labour Code applies to all employees and employers who have concluded an employment contract in Belarus (Article 3 of the Labour Code), in case of employment in Belarus, according to Article 26 of the Labour Code, a foreign citizen must present the following documents to the employer of the Republic of Belarus:
- Identity document
- A labour book, except for first-time employees and part-time workers
- Diploma or other document on education and professional training, confirming the right to perform this work
- Referral to work against a reservation for certain categories of workers in accordance with the law
- Individual rehabilitation programme for a disabled person (for disabled persons)
- Declaration of income and property, insurance certificate, medical report on health condition and other documents confirming other circumstances relevant to the job, if their submission is provided for by legislative acts.
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