“Business Magazine of Kaluga” publishes an article by the Director of A3 Group Law Firm in Kaluga, Galina Karnafel, commenting on changes and novelties in migration and labor law in 2015.

“What the beginning of 2015 brought for your business?”

It brought hopes for the bright future. Joking aside, it brought serious changes in legislation, including labour and migration law, and, of course, enormous amount of questions from our clients concerning these areas of law.

Currently, in accordance with the provisions of Labour Code of the RF, a labour agreement between the employer and a foreign employee should be concluded for an indefinite term, and in cases provided by Article 59 of the Code – for a
definite term. Alongside with information required by part 1 of Article 57 of the Code, the labor contract with a foreign employee should contain information about a work permit / patent / temporary residence permit / residence permit and about voluntary insurance agreement.

Along with the grounds specified by the Code, the reason for termination of a labour agreement is suspension of validity / expiry of validity period / termination of permission for employment and usage of foreign workers and other documents mentioned above.

Let us recall that from January 2015 the enterprises – employers do not need quotas for employment of foreign citizens coming from the countries with visa-free entry regime. For employment by individuals as well as at the enterprises such foreign citizens should obtain patents.

To obtain a patent, a foreign citizen should submit the following documents along with previously required package: a document confirming knowledge of Russian language, history of Russia and basics of Russian legislation; agreement (certificate) of voluntary medical insurance; medical certificates confirming absence of certain diseases (list of diseases stipulated by the Government of the RF); document confirming payment of personal income tax as fixed advance payment, which comprises 3900 RUB a month for Kaluga region.

The employer giving employment to a foreign citizen who has a patent should submit a notification about employment of a foreign citizen to UFMS within 3 working days since the moment of labour agreement conclusion and apply for
extension of period of stay for this foreign citizen.

Though the employers do not have much questions concerning notifications about employment of citizens from the countries with visa-free entry regime, the question about conclusion of labour agreements with highly qualified specialists (HQS) stays open, because a labour agreement is included in the list of documents which the employer should submit to UFMS for obtaining of a work permit for HQS.

To observe legislative requirements, we recommend our Clients to include the following item into the body of the labour agreement: “The labour agreement is concluded from …” and enter the date, when the work permit is presumably
received, so that the information about it can be included into the notification.
It is only one question out of many that arise from the necessity to comply with new legislation.

In the changeable environment we do our best to give our clients competent legal support and ensure compliance with the law in the most complicated cases.