On October 16, 2013, the State Duma rejected the draft law on suspending the issue of work permits and work patents for foreign nationals and stateless persons excluding highly qualified specialists for five years; the draft law was introduced by the deputies of the State Duma S.V. Ivanov and M.I. Serdyuk on May 23, 2013.
The introduction letter to the draft law states that the draft law in question proposes suspending the issue of work permits and work patents for foreign nationals and stateless persons excluding highly qualified specialists for five years in order to ensure an optimal balance of labor resources and to promote employment opportunities for Russian citizens as a matter of priority.
Fortunately for employers the draft law in question was not destined to come into force.
The draft law was rejected already in the first reading on the stage of the responsible committee deciding on introducing the draft law to the Duma Council on October 1, 2013.
The Conclusion of the State Duma Committee on Constitutional Legislation and State Development points to the inconsistency between the draft law and article 4 of the Federal Law №115 as of 25.07.2002 “On the Legal Status of Foreign Nationals in the Russian Federation” regulating the foundations of the legal status of foreign nationals in Russia, and article 13 establishing the rules of foreign nationals’ participation in labor relations, according to which foreign nationals have the right to dispose freely of their work capacities, choose their trade, occupation, or profession, as well as the right to use freely their capacities and assets for business or other economic activities not prohibited by law with regard for restrictions stipulated by federal law.
Thereby the Committee believes that the proposed amendments to the Federal law require further discussion.
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