Employment and Labor Law in Russia: Overview and Legal Rights for Foreigners
Irina Foret, PhD, an associate professor at Voronezh State University, provides valuable insights into the general issues surrounding employment and labor law in Russia, with a focus on the legal status of foreigners, work permits, and protection of labor rights. The Russian Federation extends rights to foreign citizens as per its Constitution and Labor Code. The country is a major migrant-receiving nation, with a focus on simplifying administrative procedures and balancing population distribution.
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Presentation Transcript
Irina Foret PhD, associate professor Voronezh State University Russia
Road map to the course Employment and labor law in Russia: general issues Legal statusof foreigners in Russia Russian work visa and work permit Work in Russia as a freelancer of self- employed person Laborrightsviolation: legal remedies
Article 62 of the Constitution of the Russian Federation: Foreign citizens are extended the same rights as Russian citizens, except in instances that have been established by federal law or by an international treaty to which Russia is a signatory member . Article 11 of the Labor Code: Its norms and standards apply to the employment relationship of foreign citizens who are legally employed on the territory of the Russian Federation Article 352 of the Labor Code: Everyone has the right to protect their rights and freedoms by all possible means not prohibited by law
Employment and labor law in Russia: general issues There is no one, unified document of migration rights regulation - Migration Code Federal Law On the Legal Status of the Foreign Citizens Federation Labor Code in the Russian
Russia is the main migrant receiving country in the region international migrants (2017) 11 651 people international migrants a percentageof total population 8.1 % up to 85% of all migrants come from EAEU countries and Central Asia majorityare labor migrants officially 2 411 235 foreign nationals are registered legally working in Russia actual numbersof irregular migrantsareconsiderably higher Source: UN: population division, Department of Economic and Social Affaires http://www.un.org/en/development/desa/population/migration/data/estimates2/estimates17.shtml
Concept of the Russian Federation state policy on migration, 2012-2025 simplification of administrative procedures related to the entry and stay of certain categories of foreign citizens in Russia balanced distribution of the population, especially in Siberia, in Far East and other strategically important areas removal of administrative barriers that complicate migration within Russia permanent immigration of highly-skilled labor migrants and their families from CIS countries
Labor migrants in the Russian Federation 6 14 9 Ukraine Tajikistan 10 13 Uzbekistan Azerbaijan Armenia 19 Kyrgyjzstan
the number of foreign citizens engaged in labor activities in Russia (thousands of people ) Source: Federal Statistics Service - www.gks.ru
the number of foreign workers engaged in labor activities in Russia, in the total number of people employed in the Russian economy, 1994-2018, (% at the end of the year) Source: Federal Statistics Service - www.gks.ru
legally residing foreign citizens: three statuses Temporary residence Permanent residence Temporary stay unequal rights to the statuses holders; temporary stay is determined by visa validity period
Temporary stay foreign citizens who have visa, migration card but do not have temporary or permanent residence permit
Temporary stay the card is issued in two identical parts stamped by immigration officer upon entrance to Russia - to be presented to the Russian officials It must be written in your migration card that purpose of yourstay - work a migration card must be produced along with passport in order to register a foreign citizen. registration must be done within 7 business days since arrival to each place of stay in Russia the period of temporary stay in Russia of foreigners who do not need avisa cannot exceed 90 days
Temporary residence temporary residence permit
can be annulled: if the foreign citizen was abroad for more than 6 months, or if he/she repeatedly violated the migration registration rules (Art 7 of the Federal Law on the Legal Status ). is issued within the quota annually established by the Russian government temporary residence permit exceptions: no quota needed if a foreigner have made certain investments in Russia or married a Russian citizen (Art 6 of the Federal Law on the Legal Status ). foreign citizens having the right to temporary residence may work
during this term (not earlier than one year after its start and not later than 6 months before its end), the foreigner may apply for a permit to reside permanently (Art 8 of the Federal Law on the Legal Status ). a period of a temporary residence permit is 3 years temporary residence permit they can work only within the borders of the region where they received permission to work (Art 13 of the Federal Law on the Legal Status ). after receiving - the foreign national is required to obtain registration at the place of residence
permanent residence this permit is issued for 5 years doesn`t have territorial restrictions can be annulled for a number of reasons, including absence from Russia for 6 months can be subsequently extended for the same period an unlimited number of times
Russian work visa and work permit complicated involving a lot of paperwork and preparation in advance the overall which I 17% down on thequota for 2016. procedure involves both foreignerand theemployer as the and lengthy process for most people, quota for 2017 - 177,043,
impossible to enter Russia on a visa other than a Russian work visa and start working. foreign nationals that need a visa to enter Russia will need a Russian work permit and work visa to work in Russia it`s needed to find a job before applying for a Russian work visa It`s needed to exit the country and re-enter on a Russian work visa
Russian work visa and work permit the employment permit : 1. how many foreign staff can be employed a need for foreign workers - applying for an employment permit and QUOTA it is valid for the length of the employment contract - to renew work visa annually 2. what nationalities they can employ 3. which positions can be filled in many countries work permits are issued as rights for the individual to work in that country. NOT in Russia! non-transferable and allow for only one employment
the worst thing mandatory notifications - you need to notify the migration board on every single action within work with foreigner national otherwise you get fined
Work patent CIS nationals don`t need work permit quotas have to apply for a work patent within 30 days of arriving in Russia 60 days to find employment the work patent is valid for 12 months and is renewable once to obtain a work patent - to pass an exam of Russian language, history and legislation of the Russian Federation
HQS No quotas!!! limits for the number of foreign nationals that may be employed in each business field are allowed to stay in the listed areas only if they have a special permit work permits are issued quicker than work permits for other foreign nationals (14 working days) it is required to notify of the conclusion or termination of employment contracts. When foreign nationals are hired as HQS, employers are also required to submit notices of salary payment
work in Russia as a freelancer or self-employed person apply for a Russian work permit and visa to work as self-employed in Russia using the same system as for employed workers need a letter of support from an individual or organization in Russia justifying the benefit of your self-employment in Russia an entrepreneur - start a business in Russia - generate revenue - create jobs - BusinessVisa residence permit - investing money into the Russian economy
