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Who shall bring the number of foreign employees in accordance with requirements by 01.01.2022 30.10.2021

We have already wrote about adoption of the Resolution No. 1706 dated 07.10.2021 "On establishing for 2022 the permissible share of foreign workers employed by economic entities carrying out certain types of economic activity in the territory of the Russia" (hereinafter referred to as the "Resolution") by Russian Government earlier, for more details click here.

In accordance with clauses 1, 6 of the Resolution, business entities carrying out in Russia the types of activities specified in the Resolution, in accordance with the Russian Classifier of Economic Activities (OKVED), must bring the number of employed foreign workers in accordance with the Resolution by January 1, 2022. Please note, that this requirement also applies to those companies that indicated the types of activities listed in the Resolution as additional (due to the explanations provided by Ministry of Labor and such position is supported by the Supreme Court case No. AKPI15-1315 dated January 14, 2016).

The grounds for termination of an employment agreement with an employee who is a foreign citizen or stateless person is provided in clause 9 art. 327.6 of the Labor Code of Russia.

There is no special procedure for the dismissal of foreign workers on the abovementioned grounds, except that the employment contract must be terminated before the deadline set by the Government of Russia (i.e., January 1, 2022), is provided by Russian legislation.

Accordingly, such workers do not need to be notified in advance or paid severance pay.

To determine to which of the foreign workers shall be given preference while dismissal procedure, can be helpful analogy use of art. 179 of the Labor Code of the Russia.

However, the Resolution does not apply to foreign citizens (in accordance with clause 2 of art. 13.2 and paragraph 1 of clause 4 of article 13 of the Federal Law "On the Legal Status of Foreign Citizens in the Russia" of 25.07.2002 No. 115-FZ and clause 2 art. 97 "Treaty on the Eurasian Economic Union"):

  • temporarily and permanently residing in Russia (with a temporary residence permit or residence permit);
  • citizens of the EAEU member states (citizens of Armenia, Belarus, Kazakhstan, Kyrgyzstan, etc.);
  • highly qualified specialists and their family members.

Source: http://ips.pravo.gov.ru4

For more information, contact the consultants of the Confidence Group Company.

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