Labor Immigration: New Requirements for Employers

On May 21, 2025, the Edict of the President of the Republic of Belarus № 202 «On Enhancing the Role of Employers in the Field of External Labor Migration» (hereinafter – the Edict) was signed. The main provisions will come into effect on August 23, 2025.

The Edict does not apply to relations involving the employment of foreign nationals from the EAEU member states (Armenia, Kazakhstan, Kyrgyzstan, the Russian Federation).

Important: Additional obligations have been established for employers hiring migrant workers for employment in the Republic of Belarus.

Employers are required to:

1. Conclude an employment contract with a migrant worker who has obtained a special permit to engage in labor activities in the Republic of Belarus within 30 calendar days from the date of obtaining such a permit (previously the period was 6 months).

Note: The obligations of the employer and migrant workers outlined in the Edict are mandatory and must be included in the employment contract with the migrant worker.

Before concluding an employment contract, for certain categories of occupations, the employer will be required to organize an assessment of the migrant worker’s knowledge of one of the official languages of the Republic of Belarus (Russian or Belarusian). Prior to the Edict’s entry into force, the list of job positions for which knowledge of Russian / Belarusian is mandatory will be determined by the Council of Ministers of the Republic of Belarus.

2. Adopt a local legal act designating the person responsible for monitoring the labor activity and living (residency) conditions of migrant workers (a simple order from the head of the organization appointing a responsible person is not sufficient; a dedicated local legal act is required).

3. Ensure at least one visit per year during the validity of the employment contract to the place of temporary residence (stay) of the migrant worker to monitor actual residence and check whether living conditions meet the mandatory housing requirements and housing use regulations.

4. Monitor the validity of the migrant worker’s Belarusian visa, identity document, driver’s license, and other documents required for their stay and employment in the Republic of Belarus.

5. Provide and verify migrant workers' knowledge of their job description, internal labor regulations, occupational safety instructions, and other documents (e.g., policies on personal data processing in the context of employment), which govern the rights and responsibilities of migrant workers.

It is advisable to maintain written records confirming the workers’ familiarization and knowledge checks.

Employer Liability:

Failure by a legal entity (employer) to comply with the requirements of the Edict is considered labor activity involving a foreign citizen in violation of the established legal procedure and results in administrative liability under Article 24.35 of the Code of Administrative Offenses, in the form of a fine of up to 50 base units (for the first violation) and up to 100 base units (for repeated violations).