Confidence Group announces possible actions of employer in the context of the situation with coronavirus infection.
In connection with the entry into force of Order of the Government of the Russian Federation as of March 16, 2020 No. 635-r, which since March 18, 2020 restricted the entry into the Russian Federation of almost all foreign citizens, the issuance of visas and work permits, until May 1, 2020, all divisions of the Ministry of Internal Affairs of Russia suspended:
- acceptance of documents for invitations with the objectives of training and labor activities, as well as acceptance of documents for the correction or restoration of these invitations;
- consideration of previously submitted invitation documents with the objectives of training and labor activities, as well as acceptance of documents for the correction or restoration of these invitations;
- issuing ready-made invitations for the purposes of training and labor activities, as well as receiving documents for the correction or restoration of these invitations.
Regarding the issuance of visas, the Ministry of Internal Affairs did not address the orders. Such an order is addressed to the Russian Ministry of Foreign Affairs, namely, it is prescribed to temporarily suspend the reception of new documents for all types of visas at embassies of the Russian Federation, consideration of those documents for all types of visas that were in operation and the issuance of ready-made all types of visas, with the exception of:
- DIPLOMATIC or SERVICE visas (for accredited or appointed employees of diplomatic missions and consular offices of foreign states in the Russian Federation, international organizations and their missions, other official missions of foreign states located in the Russian Federation, as well as family members of these persons);
- ORDINARY BUSINESS visas for the DRIVER purpose (for drivers of cars of international automobile traffic), the purpose of the CREW MEMBER (for crews of aircraft, sea and river vessels, train and locomotive brigades of international railway communication);
- ORDINAL PRIVATE VISAS (for those entering the Russian Federation in connection with the death of a close relative).
ATTENTION: Visas of a temporary resident are not included in the list of exceptions!
In the event that a foreign employee has left the Russian Federation and, in accordance with the Decree of the Government of the Russian Federation dated March 16, 2020 No. 635-r, is not able to return to the Russian Federation and continue working, there are no legal grounds for dismissing or dismissing such employees initiative of the employer.
Confidence Group is considering the possibility of applying the following provisions in this situation:
- Art. 72.2 of the Labor Code of Russia (Labor Code), which provides: “in the event of an epidemic or epizootic and in any exceptional cases that jeopardize the life or normal living conditions of the entire population or part thereof, an employee may be transferred without his consent for up to one months for work from the same employer not stipulated by the labor contract to prevent these cases or eliminate their consequences”;
- Art. 327.4 of the Labor Code of Russia, which stipulates that a temporary transfer of an employee who is a foreign citizen or a stateless person for up to 1 month to work not stipulated by an employment contract with the same employer is allowed without taking into account the profession (specialty, position, type of work), specified in the work permit or patent, on the basis of which such an employee carries out labor activities, and not more than once during a calendar year. If at the end of the temporary transfer period (i.e. no more than 1 month), it is impossible for the foreign worker to submit the previous job, the labor contract with him is terminated in accordance with paragraph 10 of the first part of Article 327.6 of the Labor Code of Russia. If a foreign worker is unable to perform the work stipulated by the labor contract due to extraordinary circumstances specified in the second part of Article 72.2 of the Labor Code of Russia (in this case, “an epidemic or any exceptional cases”), and temporarily transferring it for up to one month to a non-labor the contract does not work for the same employer (because this need arises again within 1 calendar year), the labor contract with such an employee is terminated in accordance with paragraph 11 of the first part of Article 327.6 of the Labor Code.
However, the position of the Ministry of Internal Affairs of Russia and the Ministry of Labor of Russia on the application of these articles of the Labor Code of Russia is currently unknown. The Confidence Group Company will report on the comments of the Ministry of Internal Affairs of Russia and the Ministry of Labor of Russia on this issue when they are received.
In turn, Decree of the Measure of Moscow dated March 16, 2020 No. 21-UM established that the spread of a new coronavirus infection (2019-nCoV) is an emergency and unavoidable circumstance under the current conditions, which led to the introduction of an increased readiness regime in accordance with Federal Law of 21 December 68, No. 68-FZ "On the Protection of the Population and Territories from Emergencies of Natural and Technogenic Character", which is a force majeure event.
For more detailed information, please contact consultants of Confidence Group.
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