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Foreigners - managers of representative offices will soon be able to work without special permits

16 June 2015

Revera Consulting Group reminds that on the 4th of June, 2015 the Law of the Republic of Belarus № 268-3 "On making amendments and additions to some laws of the Republic of Belarus" (hereinafter - the Law). The present Law introduced amendments and additions to nine regulatory legal acts, including the Law of the Republic of Belarus dated 30.12.2010 № 225-3 "On External Labor Migration" (hereinafter - the Law "On external labor migration").

The legislative amendment on labor migration touches upon carrying out labor activity by foreign citizens and persons without citizenship and permanent residence permit in the Republic of Belarus (hereinafter - foreign citizens) as managersof representative offices of foreign organizations accredited by the Ministry of Foreign Affairs.

Reviewing changes

Par. 7 p. 2 cl. 2 of the Law "On external labor migration" redrafted was embodied in the Law.

We would remind that p. 2 cl. 2 determines the relationship involving employment and carrying out labor activity in the Republic of Belarus by foreign citizens, to them regarding the scope of law "On external labor migration" is not applied.

Thus, previously par. 7 p. 2 cl. 2 stipulated that operation of the Law "On external labor migration" is not extended to foreign citizens - managersof foreign-owned commercial organizations, their branches or representative offices.

The basic value of the given norm was in the fact that regarding the above-mentioned foreigners-managersthere was no need to obtain the special permit for the right to carry out labor activity in the Republic of Belarus (hereinafter - special permit).

But after the Investment Code of the Republic of Belarus has become invalid in connection with the adoption of the Law dated 07.12.2013 № 53-3 "On investments" the notion "foreign-owned commercial organization" disappeared from the current legislation of the Republic of Belarus, and the norm lost its practical importance.

Redrafted par. 7 p. 2 cl. 2 stipulates that operation of the Law "On external labor migration" is not extended to the relationship involving employment and carrying out labor activity in the Republic of Belarus by foreign citizens - managers of representative offices of foreign organizations.

The planned changes became valid in three months after the official publication - since September 7, 2015.

Thus, regarding foreign citizens - managers of representative offices of foreign organizations since September 7, 2015 there is no need to obtain the special permit.

Remark

The changes in regulation of labor relations with foreign citizens - managers of representative offices of foreign organizations are aimed at simplification of the procedure of legalization of labor relations with this rank of persons, and, consequently, the process of setting up and operations of representative offices of foreign organizations in the Republic of Belarus simplifies.

Simplification of the named administrative procedures makes the Republic of Belarus more attractive for foreign investors, therefore the changes described above are undoubtedly positive. We would remind that a special permit is a strict security form and subject to return upon its expiration. Therefore, already issued special permits to managers of representative offices upon the expiration must be returned to the issuing authority.

How we can assist

Revera Consulting Group experts are prepared to render for you an advisory opinion on any legal matter emerging in the sphere of labor migration, as well as on the issues of setting up and operations in the Republic of Belarus representative offices of foreign organizations.