Employment contracts
We draft and review employment contracts and kontrakty for Belarusian and foreign employees – ensuring compliance with the Labour Code and protecting the employer's interests.
Employment Law in Belarus
Licensed lawyers at AMBY Legal advise foreign companies and individuals on all aspects of Belarusian employment law – from hiring and contracts through to termination disputes and compliance.
Our clients
Employment Law in Belarus for Foreign Employers and Employees
Belarus has a developed employment law framework built around the Labour Code – the primary statute governing employment relationships. For foreign companies operating in Belarus, or hiring Belarusian employees remotely, understanding this framework is essential. The Labour Code applies to all employment relationships conducted through payroll in Belarus – regardless of where the employer is incorporated.
For foreign nationals working in Belarus, the rules are the same as for Belarusian employees in most respects – with additional requirements around work permits, residence permits and medical insurance. Getting the employment relationship correctly structured from the start avoids the disputes, fines and complications that arise from informal or incorrectly documented arrangements.
AMBY Legal advises foreign employers and employees on the full range of Belarusian employment law matters – from contract drafting and hiring compliance through to termination disputes and non-compete enforcement.
Key Features of Belarusian Employment Law
The Labour Code framework: The Labour Code of the Republic of Belarus is the primary source of employment law. It sets out mandatory rules on contracts, working hours, leave, termination, employee rights and employer obligations. Many of its provisions are mandatory – they cannot be varied by agreement between employer and employee, even if both parties consent.
Employment agreements and contracts: Belarusian law distinguishes between standard employment contracts – трудовой договор – and a specific form called a kontrakt – контракт. A kontrakt is a fixed-term employment contract with specific features: it must be for between one and five years, it provides additional incentives for the employee and additional grounds for early termination by the employer. Most professional employment in Belarus operates on a kontrakt basis.
Working hours: The standard working week is 40 hours for a five-day week. Reduced working hours apply for certain categories – under-18s, workers in hazardous conditions and others. Overtime is regulated and must be compensated.
Leave entitlements: Employees are entitled to a minimum of 24 calendar days of annual leave. Additional leave applies for certain categories. Leave cannot be replaced by financial compensation except on termination.
Social protection contributions: Employers are required to make contributions to the Social Protection Fund – ФСЗН – on behalf of employees. The contribution rate is 34% of salary – 28% employer, 1% employee, 5% employer for compulsory insurance. This is a significant additional cost that foreign employers must factor into their employment budgets.
Medical insurance: Temporarily staying and temporarily residing foreign nationals must hold compulsory medical insurance for emergency care – either Belarusian or foreign insurance. This is an additional requirement specific to foreign employees.
Corporate Lawyers in Belarus
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Employment Law for Foreign Companies in Belarus
Foreign companies employing staff in Belarus face a specific set of compliance requirements that go beyond those applicable to Belarusian employers.
Work permit requirements: Most foreign nationals require a special work permit before starting employment. The employer obtains this – not the employee. Citizens of EAEU member states – Russia, Kazakhstan, Armenia, Kyrgyzstan – are exempt. Employees of HTP resident companies are also exempt. Others require the employer to go through a vacancy notification and permit application process before employment begins.
Permit to engage foreign labour: An employer hiring more than ten foreign nationals – excluding certain exempt categories – must also obtain a separate permit to engage foreign labour – разрешение на привлечение иностранной рабочей силы. This is separate from the individual work permit.
Work record book: Foreign employees need a Belarusian-format work record book – трудовая книжка – issued by the employer. If the employee presents a work record book from their home country, the employer can use it as a reference for experience and seniority but must issue a new Belarusian book for recording the current employment.
Payroll and tax obligations: Employers must withhold income tax from employee salaries – the standard rate for HTP employees is 13%, for others it is also 13% as a flat rate in most cases – and make Social Protection Fund contributions.
Our Employment Law Services
Work permit and hiring compliance
We manage the full work permit process and advise on permit-to-engage requirements for employers hiring foreign nationals.
Termination and redundancy
We advise employers on lawful termination procedures and represent both employers and employees in termination disputes – including reinstatement claims.
Non-compete agreements
We draft and advise on non-compete agreements for HTP resident companies – the only category of Belarusian employer permitted to use them.
Remote work compliance
We advise foreign companies on the legal framework for engaging Belarusian employees and contractors remotely – without establishing a physical presence in Belarus.
Employment dispute resolution
We represent employers and employees in employment disputes before Belarusian courts – salary claims, wrongful termination, reinstatement, compensation
Why choose us
Labour Code expertise
We know the Belarusian Labour Code and its practical application – including the mandatory provisions that cannot be varied by contract.
Foreign employer focus
We regularly advise foreign companies on employing staff in Belarus – including the specific requirements that apply to foreign nationals and foreign employers.
HTP expertise
We have specific expertise in employment arrangements within the HTP regime – including the non-compete provisions and the simplified immigration framework for HTP employees.
Remote handling
We advise foreign employers and employees entirely remotely – by power of attorney and video consultation where needed.
English-speaking
We work in English and Russian – essential for foreign employers and employees navigating a system that operates entirely in Belarusian and Russian.
FAQ
Does Belarusian employment law apply to foreign companies?
Yes – the Labour Code applies to all employment relationships conducted through payroll in Belarus, regardless of where the employer is incorporated. A foreign company employing staff in Belarus through a Belarusian payroll must comply with all Labour Code requirements.
Can a foreign company hire Belarusian employees without opening a legal entity in Belarus?
This is a complex area. Direct employment without a Belarusian legal entity creates tax and registration risks. Several routes are available – using a Belarusian employer of record, engaging individuals as independent contractors under civil contracts, or using the HTP framework for IT companies. We advise on the optimal structure for each situation.
What are the Social Protection Fund contribution rates?
The employer contributes 28% of the employee’s salary to the Social Protection Fund, plus 5% for compulsory insurance – a total of 33% employer contribution. The employee contributes 1%. These contributions are in addition to the gross salary and represent a significant additional employment cost.
Do EAEU citizens need work permits to work in Belarus?
No. Citizens of Russia, Kazakhstan, Armenia and Kyrgyzstan benefit from a simplified employment procedure and do not need a special work permit. Their employment follows the standard Labour Code requirements without the additional permit steps.