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LAW OF THE REPUBLIC OF BELARUS

of December 30, 2010 No. 225-Z

About external labor migration

(as amended on 05-01-2016)

Accepted by the House of Representatives on December 2, 2010

Approved by Council of the Republic on December 10, 2010

Chapter 1. General provisions

Article 1. The main terms applied in this Law and their determinations

For the purposes of this Law the following main terms and their determinations are applied:

external labor migration – departure from the Republic of Belarus for employment and implementation of labor activity according to the employment contract in the state of employment, and also entry into the Republic of Belarus for employment and implementation of labor activity according to the employment contract and implementation of such activities in the Republic of Belarus;

the highly-skilled employee – the foreign citizen or the stateless person (further, if is not provided other, – the foreigner) having the high level of professional knowledge, the skills supported by education documents and length of service in at least five years, the size of the monthly salary of which specified in the employment contract exceeds the fifteenfold 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 of the Republic of Belarus (further – the citizen) or the foreigner, 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 special permission (license) for implementation of the activities connected with employment of the citizens and foreigners who are constantly living in the Republic of Belarus outside the Republic of Belarus (further – the activities connected with employment outside the Republic of Belarus), 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 having special permission (license) for implementation of the activities connected with employment outside the Republic of Belarus 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 who is 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 contracts with workers emigrants and which use work of workers emigrants based on the employment contracts signed with them;

the employer of the Republic of Belarus – the legal entity or 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 and also 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 and which use work of workers immigrants based on the employment contracts signed with them;

permission to attraction to the Republic of Belarus foreign labor power (further – permission to attraction of foreign labor power) – the document confirming the right of the employer of the Republic of Belarus to attract the foreigners who do not have permissions to permanent residence in the Republic of Belarus including the foreigners who are temporarily staying or temporarily living in the Republic of Belarus (further – the foreigners who do not have permissions to permanent residence in the Republic of Belarus) for implementation of labor activity in the Republic of Belarus according to employment contracts;

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 worker immigrant – the foreigner who does not have permission to permanent residence in the Republic of Belarus, drove to the Republic of Belarus for employment and 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 employment and implementation of labor activity at the foreign employer according to the employment contract.

Article 2. Coverage of this Law

This Law governs the relations in the field of external labor migration, connected:

with employment outside the Republic of Belarus according to employment contracts with foreign employers of the citizens and foreigners who are constantly living in the Republic of Belarus;

with employment and implementation of labor activity in the Republic of Belarus according to employment contracts with employers of the Republic of Belarus the foreigners who do not have permissions to permanent residence in the Republic of Belarus.

Operation of this Law does not extend to the relations connected with employment and implementation of labor activity in the Republic of Belarus by foreigners:

to which the status of the refugee either additional protection or shelter in the Republic of Belarus are provided;

petitioning for provision of the status of the refugee or additional protection or shelter in the Republic of Belarus;

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