The article was prepared by Maria Lazareva, Leading Consultant, Confidence Group
When hiring a highly qualified specialist, the employer has a duty to issue for him and his accompanying family members who have arrived in Russia a voluntary medical insurance policy valid on the territory of the country.
In accordance with paragraph 1.1 of Article 13.2 of Federal Law-115 “On the Legal Status of Foreign Citizens in the Russian Federation”, for the purposes of this Federal Law, the family of a highly qualified specialist is his spouse, children (including adopted), spouses of children, parents (including adopted), spouses of parents, grandparents, grandchildren.
The above family members can arrive in the Russian Federation with a visa of the same type as the main family member - “work visa”, but for the purpose of entry - “accompanying family member”.
Other relatives of a foreign citizen can be invited to Russia only with a guest visa (or another visa corresponding to the purpose of their entry). Such foreign citizens (relatives of a highly qualified specialist) provide themselves with a voluntary medical insurance policy for the entire period of their stay in the Russian Federation on their own (or through their receiving party) - these actions are not the responsibility of the employer of a highly qualified specialist.
In accordance with clause 14, article 13.2, 115-Federal Law “On the legal status of foreign citizens in the Russian Federation”, a highly qualified specialist and members of his family who arrived in the Russian Federation as foreign citizens must have a medical insurance contract (policy) valid in the Russian Federation or must have the right, on the basis of the relevant agreement concluded by the employer or customer of the work (services) with the medical organization, to receive primary health care and specialized medical care.
These guarantees, for the provision of the highly qualified specialist and his family members with the specified medical care during the validity period of the concluded labor contract or civil law contract for the performance of work (provision of services) with this highly qualified specialist, are the important condition of the specified labor contract or civil law contract for the performance of work (provision of services).
Based on p.2, Article 327.2. of the Labor Code of the Russian Federation the employment contract includes the details of the voluntary medical insurance of the HQS (there are no obligations to prescribe the details of family members in the employment contract with the HQS, but the guarantees themselves must be stated on the basis of the above).
Along with the conditions in the second part of Article 57 of the Labor Code of the Russian Federation, a condition on indicating the grounds for the provision of medical assistance is mandatory for inclusion in the employment contract during its term with an employee who is a temporary staying foreign citizen or stateless person in the Russian Federation, with the exception of cases established by federal laws or international treaties of the Russian Federation, including the details of the voluntary medical insurance contract (policy) or employers' agreement with a medical organization to provide such employee paid medical services. A voluntary medical insurance contract (policy) or an agreement concluded between an employer and a medical organization on the provision of paid medical services to an employee who is a foreign citizen or stateless person must ensure that such an employee is provided with primary health care and specialized medical care in emergency form.
It is worth noting that the employment contract must reflect the obligation of the employer to provide a highly qualified specialist and his family members (foreign citizens who arrived in the Russian Federation) with guarantees of primary health care and specialized medical care even if there are no accompanying family members at the time of signing the contract.
The minimum requirements for the VHI policy of labor migrants, including highly qualified specialists, have been established by Bank of Russia Ordinance No. 3793-U, dated September 13, 2015, “On Minimum (Standard) Requirements for the Conditions and Procedures for the Implementation of Medical Insurance Regarding Voluntary Medical Insurance of Foreign Citizens and stateless persons staying on the territory of the Russian Federation for the purpose of their employment”.
Please note that in accordance with Art. 327.5 of the Labor Code of the Russian Federation the expiration of the term on the territory of the Russian Federation of a contract (policy) of voluntary medical insurance or termination of an agreement concluded by an employer with a medical organization on the provision of paid medical services to an employee, is the basis for suspension from work of a foreign citizen for up to one month (until the problem is solved) with subsequent dismissal in case the policy is not extended.
The absence of a voluntary medical insurance policy / contract for accompanying members of the HQS family is not a reason for the removal of an employee (main family member).
Requirements for the voluntary medical insurance policy (contract) for accompanying family members of a highly qualified specialist have not been established, i.e. the provision of necessary medical care (to receive primary health care and specialized emergency medical care) on the territory of the Russian Federation can be provided by any policy / contract with a medical organization, including a foreign one.
Let’s consider the risks in terms of migration law.
In the event that guarantees for the receipt of the specified medical care by the members of the HQS family were specified in the employment contract but were not actually fulfilled (there are no VHI policies or family names of the family members are not included in the contract between the Employer and the medical institution), this violation will be regarded as non-fulfillment of obligations to a highly qualified specialist arising from the terms of an employment contract concluded with him/her.
This violation entails the deprivation of the Employer’s right to attract foreign citizens to work in the Russian Federation for 2 years as highly qualified specialists.
There is also a significant risk that when extending a work permit to a highly qualified specialist, in addition to the basic set of documents, the Ministry of Internal Affairs may request confirmation of the availability of voluntary medical insurance for accompanying family members. In case of its absence, the acceptance of documents may be refused.
Therefore, we recommend making sure that members of the HQS family, arriving on the territory of the Russian Federation (those who have entered on a visa as an “accompanying family member), as well as a highly qualified specialist, are provided with guarantees of medical care on the basis of a voluntary medical insurance contract referred to in the relevant clause of the employment contract.
