Foreign citizens in the course of their labor activity are subject to the rules established by labor legislation and other acts containing labor law norms. The exception is cases where, in accordance with federal laws or international treaties of Russia, labor relations with employees who are foreign citizens are governed by foreign law.
As a general rule, foreign citizens have the right to enter into labor relations as employees upon reaching the age of 18 years. An employment contract for an indefinite period must be concluded between a foreign worker and an employer. The conclusion of a fixed-term employment contract is allowed only on general grounds, which are provided for by the Labor Code of Russia.
For example, according to Art. 59 of the Labor Code of Russia, a fixed-term employment contract is concluded:
- for the duration of the performance of the duties of an absent employee, who retains his place of work;
- for the duration of temporary (up to two months) works;
to perform seasonal work, when, due to natural conditions, work can only be done during a certain period (season);
- with persons sent to work abroad;
- with persons entering work in organizations created for a predetermined period or to perform a predetermined job;
- for carrying out work that goes beyond the normal activities of the employer (reconstruction, installation, commissioning and other work), as well as work associated with a deliberately temporary (up to one year) expansion of production or the volume of services provided;
- with persons sent by the bodies of the employment service to work of a temporary nature and public works.
In addition, according to Art. 59 of the Labor Code of Russia, by agreement of the parties, a fixed-term employment contract may be concluded:
- with persons coming to work for employers - small businesses, the number of employees of which does not exceed 35 people (in the field of retail trade and consumer services - 20 people);
- with pensioners entering work by age, as well as with persons who, for health reasons, in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of Russia, are allowed to work exclusively of a temporary nature,
- to carry out urgent work to prevent catastrophes, accidents, epidemics, epizootics, as well as to eliminate the consequences of these and other emergency circumstances;
- with heads, deputy heads and chief accountants of organizations, regardless of their organizational and legal forms and forms of ownership;
- with persons entering work in organizations located in the regions of the Far North and areas equivalent to them, if this is associated with moving to the place of work;
- with persons elected by competition to fill the relevant position;
- with creative workers of the media, cinematography organizations, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with the lists of works, professions, positions of these workers, approved by the Government Russia;
- with persons receiving full-time education;
- with persons entering a part-time job;
- with persons employed by employers that are non-profit organizations (with the exception of state and municipal institutions, state corporations, public companies, state companies, public associations that are political parties, consumer cooperatives) and the number of employees of which does not exceed 35 Human.
In 2022-2023, a fixed-term employment contract is also concluded in the event of a transfer to work with another employer in the manner established by Decree of the Government of Russia dated March 30, 2022 N 511
3. Features of concluding an employment contract
In accordance with the Labor Code of Russia, an employment contract with a foreign worker must specify additional information:
1. for foreign citizens temporarily staying in Russia (persons who arrived in Russia on a visa or visa-free basis, who do not have a residence permit or a temporary residence permit):
- on a work permit or a patent, with the exception of cases established by federal laws, decrees of the President of Russia or international treaties of Russia;
In addition, the Labor Code of Russia establishes that an employment contract with a foreign worker who is a highly qualified specialist (HQS) must necessarily include an indication of the details:
- either an agreement (policy) of voluntary medical insurance;
- or an agreement on the provision of paid medical services to the employee, concluded by the employer with a medical organization.
The specified voluntary medical insurance contract and the contract for the provision of paid medical services must ensure the provision of primary health care and specialized emergency medical care to a foreign HQS employee.
2. for foreign citizens temporarily residing in Russia (a person who has received a temporary residence permit):
- on permission for temporary residence in Russia, with the exception of cases established by federal laws or international treaties of Russia;
3. for foreign citizens permanently residing in Russia (a person who has received a residence permit):
- on a residence permit, with the exception of cases established by federal laws or international treaties of Russia.
4. Documents presented by a foreign citizen or stateless person when applying for a job
From April 1, 2019, in accordance with the updated Art. 65 of the Labor Code of Russia, in order to conclude an employment contract, all persons entering work, including highly qualified specialists, are required to provide the employer with confirmation of their registration in the compulsory pension insurance system. And in the event that they were not previously registered in the specified system, the employer must submit documents for such registration to the appropriate territorial body of the Pension Fund of Russia.
In addition, the Labor Code of Russia establishes a number of additional documents that must be presented when applying for a job to a foreign citizen, depending on his status:
1. for foreign citizens temporarily staying in Russia
- a work permit or a patent, with the exception of cases established by federal laws or international treaties of Russia. If the concluded employment contract is necessary to obtain a work permit, then a foreign citizen can present the employer with a work permit after the conclusion of the employment contract. At the same time, it is established that in this case, the entry into force of the employment contract is carried out no earlier than the day the foreign citizen receives a work permit.
2. for foreign citizens temporarily residing in Russia
- permission for temporary residence in Russia, with the exception of cases established by federal laws or international treaties of Russia
3. for foreign citizens permanently residing in Russia (a person who has received a residence permit):
- on a residence permit, with the exception of cases established by federal laws or international treaties of Russia.
4. for foreign citizens temporarily staying in Russia - HQS
- an agreement (policy) of voluntary medical insurance, valid in Russia. If the employer bears the costs associated with the organization of medical care and concludes an agreement with the medical organization on the provision of paid medical services to this employee, then there is no obligation to provide a medical insurance contract.
5. Peculiarities of termination of an employment contract with a foreign worker
The current labor legislation of Russia, along with the general grounds, provides for additional grounds for the removal and termination of an employment contract with a foreign worker.
So, the employer is obliged to remove (not allow to work) foreign workers in the following cases:
- suspension of validity, expiration of the permit to attract and use foreign workers - in relation to a foreign citizen temporarily staying in Russia;
- the expiration of the contract (policy) of voluntary medical insurance in Russia or the termination of the contract concluded by the employer with a medical organization for the provision of paid medical services - in relation to a foreign citizen of the HQS temporarily staying in Russia;
- expiration of the work permit or patent;
expiration of a temporary residence permit in Russia;
- expiration of the residence permit in Russia.
For more information, please contact the consultants of the Confidence Group company.
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