Tuesday, September 8, 2020

We hire a foreigner: instructions for Belarusian IT companies

Many Belarusian employers are interested in attracting foreigners to work. Sometimes this is due to a shortage of personnel, lack of the necessary qualifications and experience among Belarusian workers. Sometimes - with a desire to expand horizons and bring something new to their business, because many foreign specialists can share the know-how and business practices applied in their countries, which becomes a great advantage over competitors. Nadezhda Smakhtina, a lawyer at Legaltax , told KV.by how to hire a foreign specialist computer engineer starting salary.

How to hire a foreign specialist?

The procedure for hiring foreign workers for HTP residents and non-residents is different. If the employer is a resident of the HTP, he simply must notify the citizenship and migration authorities within 3 working days from the date of the employment contract. A simplified procedure for hiring foreigners is an advantage provided by the Regulation on the HTP under the well-known Decree No. 8. However, a foreigner who works for a resident of the HTP must still obtain a temporary residence permit.

It is much more difficult for non-HTP employers to attract a foreigner. They need to obtain a special permit to work in the Republic of Belarus. Let's consider this procedure in more detail.

Submission of information on the availability of vacancies

First, information on the availability of vacancies in the company is submitted to the relevant department for labor, employment and social protection. The submitted information is posted in the Republican Job Bank and must be there for at least 15 working days before you can proceed to the next stage.

The term of 15 working days means that during this time the employer can consider candidates who can work without obtaining special permission. If during this period a suitable employee is not found, and you have a foreign candidate for this position, then you can submit documents to the Office of Citizenship and Migration ( UGiM ).

Submission of documents to UGiM

The following package of documents is submitted to the UGiM:

Application for the issuance of a special permit for the right to engage in labor activity in the Republic of Belarus in relation to a foreign citizen or stateless person who are highly qualified workers ( Application );

A copy of the document for a foreigner to travel abroad and its translation;

Payment order for payment of state duty;

A copy of the power of attorney, if the documents will be submitted by a representative, and not personally by the head. In this case, the representative must also take the original power of attorney with him in order to present it to the UGiM when submitting.

The statement should be given the utmost attention. It contains information:

about the employer;

about a foreigner who is planned to be hired;

name and profession code;

and most importantly, the justification for hiring.

In the justification, you need to emphasize that the vacancy requires a unique specialist, and your candidate is exactly that. This justification may include the presence of international work experience, knowledge of the foreign market that your organization is aimed at, knowledge of foreign languages, and the level of education. Explain how it will benefit and benefit the organization.

Nuances. When preparing documents, please note that the application is drawn up on the company letterhead. The profession code must be 7 digits and correspond to the national classifier of the Republic of Belarus OKRB 014-2017 "Occupations". The very same statement is signed by the head of the organization or a representative. If the application is signed by a representative, then attach a power of attorney to the documents.

The payment order for payment of the state duty must be stamped by the bank (blue stamp) and signed by an authorized bank employee. Therefore, even if you paid the state duty remotely, you still contact the bank branch for the correct execution of the payment order. The amount of the state duty for obtaining a special permit is 5 basic units (135 BYN).

Within 15 days, UGiM makes a decision to issue or refuse to issue a special permit. If you were refused on formal grounds (for example, the profession code was incorrectly indicated), the application can be resubmitted after the comments have been eliminated. In this case, as a rule, you do not need to submit information about vacancies again. Once the permit has been obtained, the next step is to register an employment contract.

Registration of an employment contract with UGiM

After obtaining a special permit, the employer and the foreign worker conclude an employment contract. The contract must be registered within a month from the date of conclusion.

For this, two copies of the employment contract are submitted to the UGiM. If the UGiM employees have no comments on the content, they register it, and put an appropriate stamp on the contract (as a rule, registration takes no more than 7 days).

An employment contract is drawn up in Russian or Belarusian, as well as in the native or understandable language of the employee. The contract indicates the number of the special permit on the basis of which the employee is hired. In terms of content, an employment contract with a foreigner is based on the Labor Code of the Republic of Belarus.

However, there are some additional requirements that apply to the content of the contract. They provide:

the procedure for concluding an employment contract between an immigrant worker and an employer of the Republic of Belarus;

basic guarantees for immigrant workers when carrying out labor activities in the Republic of Belarus;

taxation of income of immigrant workers;

the rights and obligations of immigrant workers;

rights and obligations of the employer of the Republic of Belarus.

Nuances . An employment contract with a foreigner must include the condition that the contract is terminated upon cancellation of a special permit, or that the employment contract can only be extended upon the extension of an existing special permit or obtaining a new special permit.

Regarding the conditions of moving to the Republic of Belarus, food, accommodation, medical care for an immigrant worker, the employer and the employee independently determine which of them bears such costs.

But it is better to check the existence of international agreements between the Republic of Belarus and the country of a foreign citizen, since sometimes they contain obligations of the parties to pay certain expenses.

Let's list a few of these conventions as an example:

Agreement between the Government of the Republic of Belarus and the Government of the Republic of Azerbaijan on labor activity and social protection of citizens of the Republic of Belarus;

Agreement between the Government of the Republic of Belarus and the Government of the Republic of Lithuania on the temporary employment of citizens;

Agreement between the Government of the Republic of Belarus and the Government of Ukraine on labor activity and social protection of citizens of the Republic of Belarus and Ukraine working outside their states.

Example: in accordance with the Agreement between the Republic of Belarus and Ukraine, medical care for Ukrainian workers will be carried out at the expense of the employer on equal terms with Belarusians. The costs of travel of employees and their family members from their place of residence to the point of destination, the costs of transporting personal property to the territory of the Republic of Belarus and the same costs after the termination of the employment contract are borne by the employer, except for cases of termination of the contract at the initiative of the employee. That is, if you hire a Ukrainian, then the listed expenses in the contract cannot be attributed to the employee, even by agreement of the parties.

No comments:

Post a Comment

Aruba Introduces Wi-Fi 6 for Small Businesses

Wi-Fi 6 wireless network provides rich capabilities and security for customers of customer services, as well as increases the efficiency of ...