Interpretations of SSF on contributions calculation in favor of the citizens of Russian Federation, the Republic of Kazakhstan and the Republic of Armenia working in the Republic of Belarus

08 april 2015 г.

Interpretations from 03/04/2015 «On the Agreement of Eurasian Economic Union» the second part of the article 3 of the law of the Republic of Belarus from 31/01/2015 «On the Fundamentals of the State Social Insurance» provided that if an international treaty provided other rules than were provided by the legislation of the Republic of Belarus on the State Social Insurance then rules of the international traty should be applied.
The Agreement of Eurasian Economic Union (herein. The Agreement) signed in Astana on May 29, 2014, came into force on January 1, 2015.
Par. 3 of the Article 98 of the Agreement provided that social maintenance (Social Insurance) [1] (except pension maintenance) of member-state employees [2] and family members is performed on the same conditions and in the same manner as citizens of state of employment.
Member-state employees’ labor experience (qualifying period) is included into general labor experience (qualifying period) for the purposes of social maintenance (Social Insurance) except pension maintenance according to the legislation of the state of employment.
Pension maintenance of member-state employees and family members is regulated by the legislation of the state of residence and according to particular international treaty.

This being stated that compulsory contributions insurance payment (herein. Contributions) to the budget of the State non-budgetary funds of Social Protection Fund of the Republic of Belarus (herein budget of the fund) for the social insurance (6 percent) in favor of the citizens of Russian Federation, the Republic of Kazakhstan and the Republic of Armenia working in the Republic of Belarus under the labour contract, civil law contract the subject of which is rendering of services, job execution and creating of intellectual property for individuals, individual entrepreneurs and notary public (herein being employed), is made by the payer of the contributions by all means (expression of a employees’ desire about the participation in the national social insurance scheme is not demanded).
The citizens of the Russian Federation, the Republic of Kazakhstan and the Republic of Armenia being employed in the Republic of Belarus in favor of whom the contributions are paid to the budget of the Fund have the right to temporary disability allowance, maternity allowance to women got registered in public health organizations until 12 week of pregnancy not depending on the status of their residence on the territory of the Republic of Belarus (temporary staying, temporary or permanently residing) on the same conditions that the residents of the Republic of Belarus.
In case of appointment and payment of these benefits rules of law of the Republic of Belarus (Law of the Republic of Belarus «On state assistance to families with children,» Regulations on the provision of temporary disability allowance and maternity allowance, approved by the Council of Ministers of the Republic of Belarus of 28.06.2013 № 569, and other normative legal acts regulating the state social insurance) are applied.
Pursuant to Article 98 of the Treaty a draft of the treaty between the members states of the Eurasian Economic Union on cooperation in the field of pensions of employees of Member States and their families is under preparation.
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[1] The term «social maintenance (social insurance)» means a compulsory insurance in case of temporary disability and maternity, compulsory insurance in case of industrial accidents and occupational diseases and mandatory health insurance. (Article 96 of the Treaty).
[2] An employee of a Member State is a person being a citizen of a Member State legally residing and legally engaged in labor activities on the territory of the State of employment not being its resident and not residing there permanently (Article 96 of the Treaty).
Labour activity is activity on the basis of an labour contract or activity for the implementation of works (services) on the basis of a civil law contract, carried out on the territory of the state of employment in accordance with the law of that State (Article 96 of the Treaty).

Source: http://www.ssf.gov.by/priside/statesocialinsurance/copy_debitors_412/