Who are Foreign Residents? And How to Hire Them

Globalization and international labour mobility are becoming important aspects of economic development in the modern world. Resident foreigners are employees who are not citizens of the country but have the right to work in it, often due to the peculiarities of their status as permanent residents in Belarus, professional qualifications or the needs of the local labour market. The involvement of such employees can significantly enrich the company with new ideas and approaches and help to cope with the shortage of personnel in certain areas. However, hiring resident foreigners requires compliance with certain legal and administrative nuances. In this article, we will look at who resident foreigners are, what documentary requirements are imposed on them and what steps an employer needs to take to legally and effectively integrate these employees into their team.

Who are Foreign Residents of Belarus 

In Belarus, foreigners who permanently reside in the country enjoy the same rights and opportunities as citizens. The concept of residency is used in relation to foreigners in financial transactions, particularly bank transfers and taxes.

Thus, foreigners in Belarus for more than 183 days are considered tax residents. And when it is impossible to determine a foreigner’s residence in the current calendar year, they are guided by the previous calendar year. The same rule is used: if a foreigner stayed in Belarus for more than 183 days in the last calendar year, then he is considered a tax resident of Belarus in the current calendar year. Otherwise, the foreigner does not belong to the tax residents of Belarus. The departure of a foreigner from Belarus for treatment and rest to other countries (no more than 60 calendar days of rest) does not interrupt the time of the foreigner’s actual stay in Belarus to determine tax residency.

When a foreigner has several passports and citizenship in several states, the passport determines the residence he presents upon entry into Belarus.

How is the Number of Days a Foreigner Stays in Belarus Determined

The time when the foreigner was actually in Belarus is determined by the mark in the passport of entry or by another document starting from the day following the day of entry into Belarus.

The end of the period of stay of a foreigner in Belarus is determined by the day of his departure from the country (including this day) or the last day of the calendar year.

Who Refers to Foreign Residents

Foreign residents of Belarus include foreigners who permanently reside (have a permanent residence permit) and have a residence permit in Belarus. These are, for example, foreigners who have graduated from educational institutions in Belarus and are employed in their speciality or profession. Such foreigners have the same rights and obligations as citizens of Belarus, including the right to social protection.

Foreigners employed in Belarus without a residence permit are not considered residents of Belarus before receiving a permanent residence permit and a residency. In any case, before they stay in Belarus for 183 days or more in a calendar year.

How Can Foreign Residents Get a Job in Belarus

Foreign residents can find jobs with the help of recruitment agencies that provide recruitment services and independently without their help. 

Foreigners who permanently reside in Belarus have the same right to employment in the company as Belarusian citizens and enjoy all the rights and obligations of employees on an equal basis with Belarusian citizens. It is how foreigners who are residents of Belarus differ from non-residents, who do not have priority when applying for employment in Belarus compared to Belarusian citizens and resident foreigners.

Foreigners permanently residing in Belarus cannot hold positions of civil servants.

How to Hire Foreign Residents

To hire a candidate for a vacancy who has a foreign passport, you need to do the following steps:

Step 1. Ask the candidate for a permanent residence permit in Belarus and a residency These documents confirm that the foreigner is a resident of Belarus and it is not necessary to respect the priority of Belarusian citizens when applying for vacant jobs.

Step 2. Check the documents on the education of a foreigner

If a foreigner is employed by profession, qualifications, or experience received at a Belarusian educational institution, he must notify the Department of the Ministry of Internal Affairs for Citizenship and Migration at the company’s location in writing about the conclusion of an employment contract within three working days from the date of conclusion of the employment contract. 

Step 3. Check whether you need to get a special permit when a foreigner gets a job not in the speciality obtained in Belarus

When taking a foreigner to work outside the speciality obtained at a Belarusian educational institution, the employer must apply for a special work permit issued by the Citizenship and Migration Department at the employer’s location. 

Also, you do not need to get a special permit when:

• Hiring the head of the company who participated in its creation.
• Hiring ire a highly qualified employee whose position or profession is included in a special list of highly qualified employees. This list is approved by the Belarusian government every year.

The validity period of a special permit must be monitored. When extending an employment relationship with a foreign employee, you must extend a special permit (this can be done once) or get a new one.

A copy of the special permit must be issued to the employee.

The permit that one employer has received is not suitable for another employer who wants to hire a foreigner.

Step 4. Conclude an employment contract with a foreign employee

When a foreign employee is hired by profession, qualifications by the document on education of a Belarusian educational institution, an employment contract is concluded in the same manner as with citizens of Belarus.

In another situation, the employment contract has features. In particular, it requires that the conditions of residence and medical care of the employee be prescribed even though he permanently resides in Belarus.

The term of the employment contract is determined no longer than the validity period of the special permit if it is issued.

In this case, the contract is not concluded with the employee.

Hiring is done by order of the company head. Based on the order, an entry on employment is made in the employee’s workbook.

Step 5. To familiarize the employee with the internal documents of the company

New employees are introduced to the company’s internal documents, such as the Regulations on Remuneration, the NDA, the Regulations on the company’s Social Policy, and the job description. They are usually introduced under signature or sent a link to an online resource where an employee can make a note that he has read the documents.

Step 6. Apply for social insurance and accident insurance

All employees are subject to social security and work-related accident insurance requirements. Therefore, the employer draws up the necessary documents for the new employee and sends them to the territorial offices of the Social Protection Fund and Belgosstrakh. You need to ask a new employee for a social security card or arrange appropriate insurance for him.

Why is it Important to Know the Procedure for Hiring Foreign Residents

Both employers and employees need to know the procedure for hiring foreign residents in Belarus for several reasons:

1. Legal Security

Foreign residents, unlike non-residents, have the right to the same employment procedures as citizens of Belarus.

However, strict laws and rules govern the employment of foreigners employed in a speciality not obtained at a Belarusian educational institution or who did not study at a Belarusian educational institution. Incorrect paperwork can lead to fines and administrative measures for the employer and the employee.

Knowledge of these features allows employers to formalize employment relationships correctly and avoid legal problems.

2. Taxation

The income of foreign residents is taxed in the same manner as that of residents of Belarus. Foreign residents can request certificates of income and withheld taxes from their employer in the same manner as employees who are citizens of Belarus.

3. Social Guarantees

Foreign residents can access the same social guarantees and benefits as Belarusian employees. Knowledge of this procedure will help to create attractive working conditions and retain qualified personnel.

4. Cultural Integration

Understanding the procedure for hiring foreign residents is also related to the importance of their integration into the work environment. It can include training, adaptation and support, ultimately contributing to increased productivity and teamwork.

5. Immigration Issues

Understanding the employment process of foreign resident workers allows employers to effectively address issues related to migration control, which is important to ensure stability in HR practices.

In conclusion, it should be noted that the employment of foreign residents in Belarus requires attention from both employers and employees. Knowledge of the procedure for hiring such specialists not only helps to avoid legal and financial risks but also contributes to the creation of a more efficient and inclusive work environment.

Foreign residents can bring new ideas, perspectives, and skills, significantly enriching the country’s labour market. Awareness of legal norms, tax aspects, and social guarantees helps employers build transparent and stable relationships with employees and improves the company’s image. 

In modern conditions, when globalization and labour mobility are becoming an integral part of the economy, effectively integrating foreign specialists into your business becomes a significant competitive advantage. Taking care of cultural adaptation and compliance with legal norms will create an atmosphere of mutual understanding and trust, ultimately affecting the productivity and success of the entire organization.

Therefore, when hiring resident foreigners, it is important to understand not only the legal aspects but also the culture, values and expectations of these specialists. By investing in their success and development, employers invest in the future of their business and the country.