of December 30, 2010 No. 225-Z
About external labor migration
Accepted by the House of Representatives on December 2, 2010
Approved by Council of the Republic on December 10, 2010
For the purposes of this Law the following main terms and their determinations are used:
external labor migration - departure from the Republic of Belarus for employment and implementation of labor activity according to employment or civil contracts in the state of employment of citizens of the Republic of Belarus (further - citizens), the foreign citizens or persons without citizenship who are constantly living in the Republic of Belarus (further if other is not provided, - the foreigners who are constantly living in the Republic of Belarus), and also entry into the Republic of Belarus for employment and implementation of labor activity according to employment contracts in the Republic of Belarus the foreign citizens or stateless persons which do not have permission to permanent residence in the Republic of Belarus (further - foreigners);
the highly-skilled employee - the foreigner who is finding a job in the Republic of Belarus at the employer of the Republic of Belarus, having the high level of professional knowledge of the skills supported by education documents and length of service by the corresponding type of professional activity at least five years, at the same time the size of the monthly salary of such foreigner specified in the employment contract exceeds the fivefold size of the monthly minimum wage established in the Republic of Belarus;
the state of employment - the state in the territory of which workers emigrants perform labor activity;
the agreement on assistance in employment - the agreement signed in writing between the citizen or the foreigner who is constantly living in the Republic of Belarus and the legal entities of the Republic of Belarus or the individual entrepreneur registered in the Republic of Belarus (further - the legal entity or the individual entrepreneur), having license for activities connected with employment outside the Republic of Belarus (further - the license), about rendering services (service) in assistance to these to the citizen or the foreigner in employment outside the Republic of Belarus;
the agreement on employment - the agreement signed in writing between the legal entity or the individual entrepreneur intending to become the license applicants or having the license and the foreign employer (the foreign intermediary organization in case of employment outside the Republic of Belarus according to student's programs during summer vacation of the citizens and foreigners who are constantly living in the Republic of Belarus, studying in the organizations of education system of the Republic of Belarus (further - employment outside the Republic of Belarus according to student's programs)), about rendering services (service) in employment outside the Republic of Belarus the citizens or foreigners who are constantly living in the Republic of Belarus;
the foreign employer - the physical person including which is performing business activity, constantly living outside the Republic of Belarus, the foreign legal entity or the foreign organization, not being the legal entity (further - the foreign organization) which by the legislation of the state of employment are granted the right of the conclusion and the termination of employment or civil contracts with workers emigrants and which use based on such agreements work of workers emigrants without involvement of the third party;
the employer of the Republic of Belarus - the legal entity, the individual entrepreneur, the foreign organization performing employment of workers immigrants for work in the representation created in the territory of the Republic of Belarus, the physical person who is not the individual entrepreneur who the legislation of the Republic of Belarus grants the right of the conclusion and the termination of employment contracts with workers immigrants;
special permission to the occupation right labor activity in the Republic of Belarus (further - special permission) - the document confirming the worker immigrant's right to implementation of labor activity according to the employment contract at the employer of the Republic of Belarus;
the third party - the foreign organization or the physical person including performing business activity, hiring workers emigrants for performance of works for the benefit of other foreign organization or the physical person including performing business activity which are not employers;
labor activity - the work performed by the worker immigrant in the Republic of Belarus based on the employment contract and also the work performed by the worker emigrant based on the employment contract, or the activities for performance of works (rendering services) performed by it based on the civil contract for the territories of the state of employment according to the legislation of this state;
the worker immigrant - the foreigner driving (driven) to the Republic of Belarus for implementation of labor activity according to the employment contract at the employer of the Republic of Belarus or performing such activities in the Republic of Belarus;
the worker emigrant - the citizen or the foreigner who are constantly living in the Republic of Belarus and leaving (left) for implementation of labor activity at the foreign employer according to the employment or civil contract;
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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