Peculiarities of labor of foreign employees: restated Labor Code of the Russian Federation

From 13.12.2014 amendments to the Labor Code of the Russian Federation come into force – new chapter 50.1 «Peculiarities of regulation of labor of the employees, being foreign citizens and stateless persons» is put into effect.

The new chapter supplements clause XII of the Labor Code of the Russian Federation «Peculiarities of regulation of labor of individual categories of the employees».

It can be seen from the title of chapter 50.1 and clause XII of the Labor Code of the Russian Federation that amendments establish not the general rules, but peculiarities of labor of foreign employees and stateless persons, namely:

Peculiarities of conclusion of an employment contract with an employee, being a foreign citizen or a stateless person;

Documents, presented by a foreign citizen or a stateless person upon employment;

Peculiarities of temporary transfer of an employee, being a foreign citizen or a stateless person;

Peculiarities of temporary suspension from work of an employee, being a foreign citizen or a stateless person;

Peculiarities of termination of an employment contract with an employee, being a foreign citizen or a stateless person;

Peculiarities of payment of a severance pay to the employee, being a foreign citizen or a stateless person.

In general, employment relations between the Russian employer and foreigners / stateless persons will still be regulated by the general norms of the labor law of Russia and in established cases – by the norms of the international law. 

Let us view all peculiarities in order.

First of all, chapter 50.1 of the Labor Code of the Russian Federation establishes peculiarities, related to conclusion and termination of an employment contract.

First, additional requirements are established to the content of an employment contract upon its conclusion.

Peculiarities of conclusion of an employment contract with an employee - foreigner / stateless person consist in the fact that along with the general information, established by art. 57 of the Labor Code of the Russian Federation, an employment contract shall indicate additional information about the documents, required upon entry to the territory of Russia and employment. According to the new rules the following information shall be included in an employment contract with a foreigner / stateless person:

Work permit or patent;

Permit for temporary residence in the Russian Federation;

Residence permit.

An employment contract with an employee – foreign, staying temporary in the Russian Federation or a stateless person shall indicate the ground for provision of medical aid to such an employee, including, details of the voluntary health insurance contract (policy) or a contract for provision of paid medical service to such an employee, concluded by the employer with a medical organization.

Second, additional requirements are established to the list of documents, presented upon employment of a foreigner / stateless person. These requirements also arise out of the special status of an employee.

That is why, along with the documents, provided for by art. 65 of the Labor Code of the Russian Federation a foreigner / stateless person shall present the following documents to the employer within obligatory documents upon conclusion of an employment contract:

voluntary health insurance contract (policy);

Work permit or patent;

Permit for temporary residence in the Russian Federation;

Residence permit.

If the concluded employment contract is required for receipt of the work permit,  correspondingly the work permit can be presented by a foreign citizen / stateless person after conclusion of an employment contract.

Besides, the legislator makes an exception for the military registration documents. These documents shall not be presented upon conclusion of an employment contract foreigner / stateless person.

Peculiarities of termination of an employment contract with a foreigner / stateless person are listed in art. 327.6 of chapter 50.1 of the Labor Code of the Russian Federation.

Grounds for termination of an employment contract with a foreigner / stateless person, and its conclusion, are directly stipulated by the peculiarities of the status of an employee. Along with the general grounds, provided for by the Labor Code of the Russian Federation, an employment contract with a foreigner / stateless person is terminated in case of suspension / expiry of the validity period / cancellation of the documents, which are the legal ground for residence and employment activity in Russia.  

In case of termination of an employment contract foreigners / stateless persons have the rights to the guarantees and compensations, established by the Labor Code of the Russian Federation.

Additionally art. 327.7 of chapter 50.1 of the Labor Code of the Russian Federation establishes the right to a severance pay at the rate of two weeks’ pay to a foreigner / stateless person, in case of termination of an employment contract in connection with suspension or cancellation of the permit for engagement and use of foreign employees, based on which the work permit was issued.

Peculiarities of temporary transfer of a foreigner / stateless person are viewed in art. 327.4 of chapter 50.1 of the Labor Code of the Russian Federation. They consist in the fact that temporary transfer of such an employee (with account of requirements of art. 72.2 of the code) for a period of up to one month, not stipulated by an employment contract for work for the same employer shall be allowed without account of the profession (specialty, position, type of employment activity), indicated in the work permit or patent.

Date of foundation
company «ROSCO»
2004
Membership in professional organizations:
SRO NP «Audit Chamber of Russia»
(Certificate No 1809 dated 28.12.2009)
Chamber of Tax
Consultants
(Certificate No 78)
NP «Partnership of RSE»
(Russian Society of Evaluators)
Membership in public association:
Moscow Chamber
of Commerce and Industry
(Certificate No 123-973 dated 21.12.2009)
Non-Profit
Partnership of Turkish Entrepreneurs (RTIB)
Ratings:
A++1+++1++[%]
(as per the results of 2009 -
А++1+++1+[%])
Company
is included in the register of reliable enterprises of Moscow
Certificates of conformity:
Certificate of conformity to the requirements of GOST R ISO 9001-2008 (ISO 9001:2008)
Professional
liability
is insured