Confidence Group has prepared recommendations for employers and foreign workers associated with recent changes in the immigration and labor laws of the RF.
1. Notification of the conclusion and termination of labor contract
Employers are required to submit a notice in the Federal Migration Service on the conclusion and termination of the labor contract for all foreign citizens. This means that they include high qualified specialists, citizens of Belarus, Kazakhstan, Armenia (since May 2015 Citizens of Kyrgyzstan), as well as foreign citizens with a temporary residence permit or a residence permit in the RF. More detailed information can be found here.
2. Changes to the work permit
An employee in the event of a change of surname, name and patronymic (the last - if available) or the details of the document certifying his / her identity, must apply to the Federal Migration Service to make the appropriate changes to the information contained in the authorization to work.
If you change the passport data have occurred abroad (for example, a foreign worker has received a new passport of the authorized body in the territory of the country or the consulate of the country, located in a third country), the foreign worker must apply to the Russian Federal Migration Service (FMS of Russia in Moscow) within seven (7) days after entry into Russia. If the passport data changes occurred in Russia (for example, a foreign worker has received a new passport at the consulate of the country, located in Russia), the foreign worker must apply to the Russian Federal Migration Service (FMS of Russia in Moscow) within seven (7) business days from the date of issuance of the relevant documents.
Confidence Group recommends to convey to the foreign employees of the company the information in order to avoid penalties. Information is available here.
3. Migration registration
Migration registration must be made no later than seven working days from the date of the arrival of a foreign citizen to the seat.
This action should be done after every foreign citizen's entry to the RF. In the case of movement in the territory of the RF and on arrival at the new place of residence for the period indicated, foreign citizens are required to perform the actions necessary for their registration at the new place of residence within a period not exceeding seven days.
From November 1, citizens of Ukraine are also obliged not to stand in the Migration Service no later than seven working days from the date of the arrival of a foreign citizen to the seat. The preferences are saved only for the refugees "in extra-masse order" arrived in Russia as a result of military action. More information is available here.
For highly qualified specialists spread preferential regime of migration control. Highly qualified specialists and foreign citizens who are family members of highly qualified specialist are exempt from migration registration at the place of residence for a period not exceeding 90 days from the date of their entry into the territory of the RF.
Liability for violation of the rules of migration registration and registration is available here.
4. The validity of issued patents
In accordance with the current legislation of the patent patent extension is carried out through payment of personal income tax as a fixed down payment. Otherwise, the term of a patent is terminated from the day following the last day of the period for which personal income tax is paid in the form of a fixed down payment. The validity of the patent is from 1 to 12 months and can be extended repeatedly for a period of 1 month. The total term of the patent, taking into account renewals may not exceed 12 months from the date of grant of the patent. Please note that in order not to leave Russia not later than 10 days before the expiry of the patent can be reissued.
Renew the patent can be only 1 time (no need to leave the RF). That is the total maximum continuous stay in Russia (without leave), subject to renewal of the patent can be 2 years (information provided by Moscow migration multi-center is available here).
5. The validity of the passport
The validity of the identity document of a foreign citizen, must end no earlier than 1 year from the date of filing an application for a work permit. The validity of the identity document of a foreign citizen who has been called to work as high qualified specialists or sent to work in a foreign commercial organization in the RF must end no earlier than 3 years from the date of filing an application for a work permit. We recommend to pay attention to the timing of the action for the timely renewal of permits.
6. Police of voluntary medical insurance
Foreign citizens permanently or temporarily residing in the RF, as well as foreign citizens carrying out labor activity in the RF are required to have a police of voluntary medical insurance, or other document confirming the right to receive health care on the basis of a prisoner receiving (host) side, the employer or customer of works (services) from the medical organization of the contract for a foreign employee paid medical services, ensure the provision of a foreign employee of primary health care and specialized medical care in the form of emergency during the entire period of stay of foreign citizens in the RF. Please also note that the labor contract shall be terminated upon expiration of 1 month from the date of expiration or termination of the employer concluded a contract with the medical organization to provide paid services. Recommended bring labor contracts in line and be sure to include a reference to any contract details (police) of voluntary medical insurance or contract for the provision of paid medical services to the employee, the employer entered into a medical organization. More details are available here.
7. Certificates for Russian language skills, knowledge of the history of Russia and the legal framework of the RF
Foreign citizens are required to confirm the ownership of the Russian language, knowledge of the history of Russia and the legal framework of the RF to obtaining a work permit, a patent, a temporary residence permit, residence permit. From the confirmation of Russian language, knowledge of the history of Russia and the legal framework of the RF when applying for a work permit exempt foreign citizens - qualified specialists.
8. Insurance number of individual personal account
In accordance with the law «On Mandatory Pension Insurance in the RF» foreign citizen or stateless person is temporarily located on the territory of Russia, becomes a participant in the system of mandatory pension insurance, while respecting the two conditions are met:
- Citizen does not belong to the category of highly qualified specialists, established in accordance with the provisions of the law «On the Legal Status of Foreign Citizens in the RF».
- A citizen signed an labor contract for an indefinite period or a fixed-term contract for a period of not less than 6 months.
Confidence Group also offers a comparative table with the available sizes of deductions in FFOMS, FSS, FS for foreign citizens engaged in labor activity in the territory of the RF. Information is available here.
9. Check the bodies of the Federal Migration Service
We inform you that from the Migration Service frequent verification of compliance with the migration legislation. In organizing the audit staff of the Federal Migration Service must present an order signed by the head of the Federal Migration Service or his deputy on the checks.
During the test, be prepared to present the following documents:
- The original work permit or a patent;
- The original permit for attracting foreign labor (if staff from visa countries);
- Originals of passports, migration cards and migration registration of employees;
- Originals of labor contracts;
- Notification of the Federal Migration Service for the conclusion of labor contracts.
The limitation period for the present documents is 1 year. If necessary, the Confidence Group is ready to audit for compliance documentation migration legislation of the RF. For more information contact the consultants.
10. Features of regulation of the labor market of foreign workers and personnel records
Between the foreign employee and employer it must be concluded an labor contract for an indefinite period. Any foreign citizen who performs work in the territory of the RF, must either have a contract (policy) of voluntary health insurance, or be eligible to receive health care on the basis of an agreement on the provision of paid medical services, which is the employer.
The labor contract with a foreign worker must specify additional information:
1. for the temporary stay of foreign citizens in the RF (persons who have arrived in Russia in the visa or visa-free without having a residence permit or a temporary residence permit):
- a work permit or a patent, except in cases established by federal laws or international treaties of the RF;
- include a reference to details of a contract (policy) of voluntary medical insurance; a contract for the provision of paid medical services to the employee, the employer entered into a medical organization. Said the contract of voluntary health insurance and the contract for the provision of paid medical services must ensure the provision of a foreign employee of primary health care and specialized medical care in the emergency form.
2. to temporarily residing in RF foreign citizens (person received a temporary residence permit) information on the temporary residence permit in the RF, except in cases established by federal laws or international treaties of the RF;
3. to permanently reside in the RF of foreign citizens (person received a residence permit) information on residence permits, except in cases established by federal laws or international treaties of the RF.
The employer is obliged to remove (do not allow to work) of foreign workers in the following cases:
- the suspension of, the expiry of the permit to attract and use foreign workers - in relation to temporarily staying in the RF of a foreign citizen;
- expiration of the contract in the RF (policy) of voluntary health insurance, or termination of the employer with a medical organization contract for the provision of paid medical services - in respect of temporarily staying in the RF of a foreign citizen;
- expiration of a work permit or a patent;
- expiry of the temporary residence permit in the RF;
- expiry of the residence permit in the RF.
More information is available here.
11. Regulation of agency labor in Russia in 2016.
We also remind that agency labor (employee leasing) was limited in Russia since January 1, 2016.
Only two categories of legal entities have the right to execute activity on staff providing, they are:
1. Private employment (recruiting) agencies - legal entities registered in Russia. Such agencies are obliged to go through the special accreditation procedure;
2. Other legal entities, including foreign legal entities and their affiliates (excluding individuals), if their employees temporarily sent to:
- legal entity (affiliate to the SendingParty);
- legal entity (joint-stock company), if the Sending Party is a party of the shareholders' agreement on rights certified by shares of such company;
- legal entity (a party of a shareholders' agreement with the sendingParty).
The second category of legal entities refers to the so called secondments.
Administrative Code provide responsibility. The p. 1, art. 5.27 of the Administrative Code provides for the violation of labor legislation a warning or an administrative fine for officials in the amount of 1000-5000 rubles; for persons engaged in entrepreneurial activities without forming a legal entity – 1000-5000 rubles; for legal entities - from 30 000 – 50 000 rubles.
At the same time for the commission of the violation of a person who has previously held liable for such infringement, p. 4, art. 5.27 establishes a penalty of an administrative fine on officials in the amount of 10 000 – 20 000 rubles or disqualification for a period of 1-3 years; to persons engaged in entrepreneurial activities without forming a legal entity – 10 000 – 20 000; for legal entities – 50 000 – 70 000.
12. The responsibility for offenses in sphere of migration
The responsibility for offenses in sphere of migration is provided in Chapter 18 of the Administrative Code.
The list of offenses and their characteristics are available here.
For additional information please contact consultants of Confidence Group.
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