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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of June 30, 2011 No. 885

About approval of the Procedure for rendering by legal entities and individual entrepreneurs of services in personnel recruitment from among the foreign citizens and stateless persons which do not have permissions to permanent residence in the Republic of Belarus

(as amended of the Resolution of Council of Ministers of the Republic of Belarus of 23.05.2016 No. 406)

According to part two of article 21 of the Law of the Republic of Belarus of December 30, 2010 "About external labor migration" the Council of Ministers of the Republic of Belarus DECIDES:

1. Approve the enclosed Procedure for rendering by legal entities and individual entrepreneurs of services in personnel recruitment from among the foreign citizens and stateless persons which do not have permissions to permanent residence in the Republic of Belarus.

2. This resolution becomes effective since July 12, 2011.

Prime Minister of the Republic of Belarus

M. Myasnikovich

Approved by the Resolution of Council of Ministers of the Republic of Belarus of 30.06.2011 No. 885

Procedure for rendering by legal entities and individual entrepreneurs of services in personnel recruitment from among the foreign citizens and stateless persons which do not have permissions to permanent residence in the Republic of Belarus

1. This Procedure developed according to the Law of the Republic of Belarus of December 30, 2010 "About external labor migration" (The national register of legal acts of the Republic of Belarus, 2011, No. 4, 2/1777), is regulated rendering by legal entities and individual entrepreneurs of services in personnel recruitment from among the foreign citizens and stateless persons which do not have the permissions to permanent residence in the Republic of Belarus including which are temporarily staying or temporarily living in the Republic of Belarus (further – foreigners).

2. In this Procedure the main terms and their determinations in the values established by the Law of the Republic of Belarus "About external labor migration" are used.

3. Services in personnel recruitment from among foreigners (further – services in personnel recruitment) are rendered on the basis:

the service provision agreement signed between the legal entity or the individual entrepreneur rendering services in personnel recruitment and the employer of the Republic of Belarus;

the agreement (agreement) on cooperation signed between the legal entity or the individual entrepreneur and the foreign organization registered outside the Republic of Belarus, rendering services in personnel recruitment;

the service provision agreement signed between the legal entity or the individual entrepreneur rendering services in personnel recruitment and the foreigner.

4. The service provision agreement signed between the legal entity or the individual entrepreneur rendering services in personnel recruitment and the employer of the Republic of Belarus shall contain:

data on the number of workers necessary for the employer of the Republic of Belarus from among foreigners, the qualification and other requirements imposed to them;

data on the terms of the employment contract offered to the foreigner by the employer of the Republic of Belarus provided in part two of Article 19 of the Labor code of the Republic of Belarus and paragraphs second and third part two of article 32 of the Law of the Republic of Belarus "About external labor migration";

obligation of the legal entity or individual entrepreneur rendering services in personnel recruitment, coordination with the employer of the Republic of Belarus of candidates of foreigners.

5. The agreement on cooperation signed between the legal entity or the individual entrepreneur and the foreign organization registered outside the Republic of Belarus, rendering services in personnel recruitment shall contain obligation:

5.1. the foreign organization registered outside the Republic of Belarus:

provide to the legal entity or the individual entrepreneur rendering services in personnel recruitment, the copy of the documents confirming working life and education of the foreigner (the copy of the education document or other document on training, the service record and another);

organize passing by foreigners of testing for compliance to the qualification and other requirements declared by the employer of the Republic of Belarus;

inform the legal entity or the individual entrepreneur rendering services in personnel recruitment on results of testing of foreigners with indication of their surname, own name, middle name (in case of its availability), birth dates and birth places, data on when where and what educational institutions got education, about labor activity (the work periods, place of employment, position, profession), the permanent address;

provide to the legal entity or the individual entrepreneur rendering services in personnel recruitment, the passport copy or other document replacing it intended for trip abroad and issued by relevant organ of the state of civil accessory or the regular residence of the foreigner or the international organization (further – the document for trip abroad), when obtaining from the legal entity or the individual entrepreneur rendering services in personnel recruitment, information provided in paragraph three of subitem 5.2 of this Item;

5.2. the legal entity or the individual entrepreneur rendering services in personnel recruitment:

provide to the foreign organization registered outside the Republic of Belarus, the data provided in paragraphs second and third item 4 of this Procedure;

inform the foreign organization registered outside the Republic of Belarus on coordination by the employer of the Republic of Belarus candidates of the foreigner and possibility of execution of an employment agreement with the employer of the Republic of Belarus.

6. The service provision agreement signed between the legal entity or the individual entrepreneur rendering services in personnel recruitment and the foreigner shall contain obligation:

6.1. present the foreigner to the legal entity or the individual entrepreneur rendering services in personnel recruitment:

copies of the documents confirming working life and education (copies of the education document or other document on training, the service record and another);

the copy of the document for trip abroad when obtaining from the legal entity or the individual entrepreneur rendering services in personnel recruitment, information provided in paragraph three of subitem 6.2 of this Item;

6.2. the legal entity or the individual entrepreneur rendering services in personnel recruitment to provide to the foreigner:

the data provided in paragraph three of item 4 of this Procedure;

information on coordination by the employer of the Republic of Belarus candidates of the foreigner and possibility of execution of an employment agreement with the employer of the Republic of Belarus.

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