Employment contract drafting
We draft employment contracts and kontrakty for foreign employees – in Russian or bilingual Russian-English – including all mandatory terms and provisions specific to foreign nationals.
Employment Contracts for Foreign Employees in Belarus
Licensed lawyers at AMBY Legal advise foreign employers and employees on employment contracts under Belarusian law – drafting, reviewing and ensuring compliance with the Labour Code requirements specific to foreign nationals.
Our clients
Employment Contracts for Foreign Nationals in Belarus
Hiring a foreign employee in Belarus involves the same basic contract framework as hiring a Belarusian employee – but with additional requirements specific to foreign nationals. The contract must comply with the Labour Code, include all mandatory terms, and interact correctly with the work permit and residence permit documents. An incorrectly drafted contract – or one that omits mandatory provisions – creates legal risk for both the employer and the employee.
The most common contract form for professional employment in Belarus is the kontrakt – a fixed-term employment contract with specific features defined by Belarusian law. Understanding the difference between a kontrakt and a standard employment contract, and choosing the right form for each situation, is the starting point for every employment relationship.
Types of Employment Contracts in Belarus
Standard employment contract – трудовой договор: Can be for a fixed term – up to five years for specific categories of work – or for an indefinite term. An indefinite contract is the default where no term is specified. Fixed-term contracts can only be concluded in cases defined by the Labour Code – for specific types of work, seasonal work, or with certain categories of employee. Concluding a fixed-term contract outside these cases creates a risk that it will be treated as indefinite.
Kontrakt – контракт: A specific form of fixed-term employment contract introduced by Belarusian law. The kontrakt must be for between one and five years. It includes mandatory provisions that are not required in standard contracts – a minimum additional payment of at least one base amount per month, full material liability for the employer’s property in certain circumstances, and specific additional grounds for early termination. For the employee, the kontrakt provides certain additional protections – notice of non-renewal must be given at least one month before expiry.
The kontrakt is the dominant form of employment contract in Belarus for professional and technical roles. Most foreign employees working in Belarus will be employed on a kontrakt basis.
Civil contract – гражданско-правовой договор: Not an employment contract – a contract for services between the company and an individual contractor. Civil contracts are governed by the Civil Code rather than the Labour Code. They do not carry the full range of employment protections – no minimum leave, no guaranteed notice period, no work record book entry. However, Social Protection Fund contributions are still required on civil contract payments. If a civil contract in substance creates an employment relationship – regular work, fixed hours, integration into the company’s structure – the authorities can reclassify it as an employment contract with retroactive consequences.
Mandatory Terms of an Employment Contract
Belarusian law requires every employment contract to contain specific mandatory terms. Missing any of them renders the relevant provision unenforceable or, in some cases, creates a risk that the contract itself is treated as non-compliant.
Mandatory terms include: full name of the employee and employer; the employee’s position, profession or trade and qualifications; the date the employment begins; for fixed-term contracts and kontrakty – the duration; the workplace – specific address or location; the employee’s duties – by reference to a job description or set out in the contract; the salary – amount, currency, components and payment schedule; working hours and rest periods where they differ from the standard; the employee’s rights and obligations; the employer’s rights and obligations; conditions for improving the employee’s qualifications; liability of the parties; conditions of social insurance and security; and for kontrakty – the additional mandatory kontrakt-specific provisions.
Employment disputes in Belarus
Professional legal assistance in Employment disputes in Belarus.
Specific Requirements for Foreign Employees
Medical insurance: Foreign nationals who are temporarily staying or temporarily residing in Belarus – that is, those who do not hold a permanent residence permit – must have medical insurance covering emergency care. This must be either a Belarusian compulsory insurance policy or a policy with a foreign insurer covering emergency care in Belarus. The employer typically arranges this. The insurance requirement must be addressed before or at the start of employment.
Work record book: Every employee in Belarus must have a Belarusian-format work record book – трудовая книжка. If a foreign employee presents a work record book from their home country, the employer can review it for information about experience and seniority – but cannot make entries in it. The employer must issue a new Belarusian work record book for the foreign employee and record the employment in it.
Language: Employment contracts in Belarus must be in Russian or Belarusian – or in both languages. A contract in English only is not valid as a Belarusian employment document. We prepare bilingual contracts – Russian and English – where the client requires both languages.
Interaction with work permit: The employment contract must be consistent with the special work permit – the position, employer and other terms must match what is stated in the permit. After the contract is signed, it must be registered with the citizenship and migration department. If the work permit is cancelled, the employment contract terminates by operation of law.
Documents on education and qualifications: The employer must verify the employee’s education and qualification documents. Foreign diplomas and certificates may need to be recognised through the Belarusian recognition procedure before the employee can be employed in a regulated profession.
The Kontrakt – Key Practical Points
Duration: Between one and five years. The most common initial term for new employees is one or two years.
Renewal: The kontrakt can be renewed – for a further fixed term – or converted to an indefinite contract by agreement. The employer must notify the employee at least one month before expiry whether the kontrakt will be renewed or not. Failure to give this notice – or allowing the employee to continue working after expiry without a new kontrakt – results in the employment being treated as continuing on the same terms.
Early termination by the employee: An employee on a kontrakt can request early termination if the employer has violated the contract or legislation. The employer can agree to early termination at any time by mutual consent.
Early termination by the employer: The kontrakt provides additional grounds for early termination compared to an indefinite contract – including failure to achieve agreed performance indicators and other grounds specified in the kontrakt itself. These additional grounds must be clearly set out in the kontrakt to be enforceable.
Additional payment: The kontrakt must provide for an additional payment of at least one base amount per month – approximately 37 Belarusian rubles at 2025 rates. This is a mandatory minimum; the parties can agree a higher amount.
Our Bank Account Opening Services
Contract review
We review contracts proposed by the employer – identifying missing mandatory terms, non-compliant provisions and risks for the employee or employer.
Kontrakt renewal and conversion
We advise on kontrakt renewal strategy and manage the documentation for renewal or conversion to an indefinite contract.
Medical insurance compliance
We advise on the medical insurance requirement for foreign employees and assist with obtaining the correct coverage.
Bilingual contracts
We prepare bilingual employment contracts – Russian and English – for foreign employers and employees who require documentation in both languages.
Bank Account for Individuals
Open a bank account quickly and securely in Belarus for an individual.
Why choose us
Labour Code expertise
We know the mandatory terms and provisions of the Belarusian Labour Code – and draft contracts that are compliant and protect our clients' interests.
Foreign employee focus
We regularly advise on the specific requirements for employing foreign nationals in Belarus – medical insurance, work record books, interaction with work permits.
Bilingual service
We prepare contracts in Russian and English and advise clients in English throughout the process.
HTP expertise
We have specific expertise in employment contracts within the HTP regime – including the simplified work permit framework and the non-compete provisions available to HTP resident companies.
Remote handling
We draft and review contracts entirely remotely – clients do not need to be in Belarus.
FAQ
What is the difference between a трудовой договор and a контракт in Belarus?
A трудовой договор is a standard employment contract – it can be indefinite or fixed-term. A контракт is a specific form of fixed-term contract for between one and five years with additional mandatory features – a minimum additional monthly payment, specific termination grounds and notice of non-renewal requirements. The контракт is the dominant form for professional employment in Belarus.
Can an employment contract in Belarus be in English only?
No. Employment contracts must be in Russian or Belarusian to be valid as Belarusian employment documents. We prepare bilingual contracts – Russian and English – where the client requires documentation in both languages.
Does a foreign employee need a Belarusian work record book?
Yes. Every employee in Belarus must have a Belarusian-format work record book. If the foreign employee has a home-country work record book, the employer can use it for reference but must issue a separate Belarusian book and record the employment in it.
What medical insurance must a foreign employee have in Belarus?
Foreign nationals who are temporarily staying or temporarily residing in Belarus must have medical insurance covering emergency care – either a Belarusian compulsory policy or a foreign policy covering emergency care in Belarus. Permanent residents are not subject to this requirement. The employer typically arranges the insurance.
Can the probation period be included in a контракт?
Yes – but only with the employee’s specific consent to the probation term. The maximum probation period is three months for most employees and one year for senior management positions.
What happens to the employment contract if the work permit is cancelled?
The employment contract terminates by operation of law when the work permit is cancelled. This is an automatic consequence – no separate termination procedure is required. The employer should notify the employee and complete the standard termination documentation.