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MauerGroup
Characteristics of employment of foreign citizens
This year in May the President of the Russian Federation signed the Federal Law dd. May 19, 2010 No. 86-FZ "On Amending the Federal Law" On Legal Status of Foreign Citizens in the Russian Federation and acts of legislation of the Russian Federation" (hereinafter - the Law No.86 - FZ). The essential part of the law came into force on 1 July 2010.
The considered legislative act specifies the regulations of employment of foreign employees of certain categories in the Russian Federation. In particular, the Law No. 86-FZ simplified the involvement of highly skilled foreign citizens, and foreign citizens involved by individuals.
A highly skilled specialist under the requirements of the law is a foreign citizen who has the experience, skills or achievements in a particular activity if the conditions for attracting him to work in the Russian Federation presuppose to receive a salary (remuneration) in the amount of two million of rubles or more for a period not exceeding one year. The employer and the client independently perform an assessment of skills and qualifications of foreign citizens whom they wish to attract as highly qualified specialists, and therefore bear the associated risks.
Highly skilled specialists are recognized as a special entity of labor and civil relations and thus they acquire a special legal status:
- the quota for the issuance of invitations for foreign citizens to enter the Russian Federation and the quota for the issuance of foreign citizens work permits do not apply to highly skilled specialists
- the work permit is issued to a highly skilled specialist for the period of its labor or civil agreement for works (services) made with the inviting employer or customer of the works (services), but no more than three years, and this period can be repeatedly extended for the duration of the relevant agreements, but not more than three years for each such extension
- when obtaining a work permit a foreign worker is not subject to photographing and fingerprinting
- in case of early termination of employment or civil agreement the term for a new job search is extended for a highly skilled specialist
- a highly skilled specialist and its family members who have arrived in the Russian Federation and being foreign citizens should be insured under the agreement of voluntary and compulsory health insurance, etc. from the date of their entry into the Russian Federation.
Another category of employees in respect of which there are special rules are foreign citizens engaged in labor activities by employers, customers of works (services) being individuals. The law states that citizens of the Russian Federation have the right to hire under an employment agreement or civil agreement to perform works (services) for personal, household and similar purposes not related to business activities the foreign citizens lawfully staying within the territory of the Russian Federation, who have arrived in the Russian Federation under the procedure not requiring visa, and in case of presence of a patent granted by the federal executive authority in the field of migration and its territorial facilities.
The patent is granted for a term of one to three months. The validity of such patent can be repeatedly extended for a period not exceeding three months, but the general validity of the patent may not exceed twelve months from the date of issuance. Upon the expiration of the maximum term of the patent a foreign citizen may apply for a new patent on the same basis.
In connection with the considered federal law some amendments have been made to a number of other legislative acts regulating the entry and exit from the Russian Federation, migration records, budget and tax system, and responsibility for administrative violations.
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