On 18.02.2021, the Decree of the Government of the Russian Federation No. 372-r of February 16, 2021 was published, which amends the Decree of the Government of the Russian Federation No. 635-r of 16.03.2020 "On temporary restriction on entry into the Russian Federation of foreign citizens and stateless persons and temporary suspension of registration and issuance of visas and invitations".
According to the amendments, restrictions on entry into Russia, registration of invitations, permits to attract and use foreign workers and work permits for foreign citizens located outside the territory of Russia were lifted in respect of «persons entering Russia for the purpose of carrying out labor activities specified in the lists formed in accordance with the algorithm of actions to attract foreign citizens to Russian economy, approved by the operational headquarters for the prevention of the import and spread of a new coronavirus infection in the territory of Russia, and directed by Rostrud using the federal State information system "Unified Portal of Municipal Services (Functions)" to the Ministry of Digital Development, Communications and Media of the Russian Federation (the segment of migration and registration records), as well as the production, registration and control of the circulation of identity documents, for subsequent referral to the departmental segment of the FSB of Russia of the specified state system».
In other words, the above restrictions are not lifted for all foreign employees, but only in the case of attracting foreign citizens in accordance with the "Algorithm of actions to attract foreign citizens to the economy of the Russian Federation".
This algorithm was developed by the Ministry of Labor and Social Protection of Russia in connection with the imposition of restrictive measures on the territory of Russia, and was approved by the headquarters to prevent the import and spread of a new coronavirus infection in the territory of Russia. By letter of the Ministry of Labor of Russia dated June 29, 2021 N 16-4 / 10 / B-7764, a new version of the algorithm of actions to attract foreign citizens to the economy of Russia was sent.
According to the algorithm, only employers participating in the implementation of national and federal projects, priority programs, and major investment projects will be able to attract foreign workers in professions that are not in demand among citizens of the Russian Federation, or lack specialists of the necessary qualifications. Namely, the involvement of foreign citizens is possible by employers who meet the following conditions:
a) in total: the average number of employees exceeds 250 people, the income exceeds 2 billion rubles, participate in the implementation of national and federal projects, priority programs, regional projects, socio–economic development programs of the Irkutsk region, investment projects, as well as international intergovernmental agreements in the territory of the Irkutsk region;
b) located in the territories of advanced development (industrial parks);
c) enterprises – residents of special economic zones.
The implementation of this algorithm will take place from the All-Russian database of vacancies "Work in Russia". The instructions for employers on working with the "Attracting Foreign Workers" functionality can be found here.
To attract foreign citizens, employers must place an application for attracting foreign citizens in "Work in Russia" with the following information:
1. type of economic activity;
2. name of the project (if any);
3. details of the concluded state or municipal contract (if any) and the timing of its execution;
4. staff and actual number of employees (including from among the citizens of the Russian Federation);
5. information on the foreign workers planned to be attracted (name, passport data, specialty, number of employees involved, state of citizenship, work experience, level of education);
6. the level of wages;
7. method of delivery to the territory of the Russian Federation;
8. prospective checkpoint across the state border of the Russian Federation;
9. the grounds for the provision of medical care (agreement (policy) of voluntary medical insurance, agreement on the provision of paid medical services);
10. the results of a survey for a new coronavirus infection;
11. places of observation for a period of 14 days and testing for COVID-19;
12. addresses of the proposed place of employment;
13. agreements on organized recruitment with authorized organizations of foreign states (in the case of attracting foreign citizens within the framework of intergovernmental agreements of the Russian Federation);
14. letter of guarantee from the "parent company of a group of companies" or a construction customer confirming information on the inclusion of the employers listed in the application in the "group of companies" or on the implementation of construction on the basis of a construction contract with the construction customer
15.warranties:
• residence of foreign workers for the entire period of attraction;
• return of foreign citizens to the country of origin after completing the necessary work.
When placing an application, the employer:
I. Guarantees:
a) the conclusion of the authorized body of the Executive authority of the Russian Federation agreements of the quarantine activities in accordance with sanitary and epidemiological requirements, accommodation of foreign workers for the duration of the engagement (including the address of residence (stay) on the territory of Russia, in accordance with sanitary and epidemiological requirements), as well as the return of foreign citizens in the country of permanent residence after performing the necessary work;
b) the existence of provisions in labor or civil law contracts with foreign citizens concerning the impossibility of termination of such contracts during the project implementation period, as well as the obligation to carry out labor activities exclusively on the territory of the relevant subject of the Russian Federation.
II. Promotes employment in the declared vacant jobs of citizens of the Russian Federation registered in the employment service as unemployed (job seekers), as well as foreign citizens already in the territory of the Russian Federation who are looking for work.
Consideration of employers' applications is carried out by the interdepartmental commission on the recruitment and use of foreign workers.
When the interdepartmental commission on the recruitment and use of foreign workers makes a positive decision, the employer:
1. Together with the executive authorities of the constituent entities of the Russian Federation, organizes the arrival of foreign citizens in accordance with the lists of foreign citizens included in the approved applications;
2. form a list of names of foreign citizens who are planning to arrive on the territory of the Russian Federation (when organizing the arrival of foreign citizens by air);
3. interacts with foreign citizens whose arrival is planned to the Russian Federation, including informing about the need for testing for a new coronavirus infection (COVID-19) and verifying the presence of medical documents confirming a negative laboratory test result for COVID-19 by PCR method obtained not earlier than 3 calendar days prior to arrival on the territory of the Russian Federation;
4. organizes quarantine measures upon arrival in the territory of the Russian Federation;
5.organizes the delivery of foreign citizens from the point of destination in the territory of the Russian Federation to the place of quarantine measures, residence, isolation for 14 calendar days from the date of arrival in the Russian Federation, including ensuring the implementation of measures provided for by the methodological recommendations of the MR 3.1.2.2.0223- 20 "Changes No. 1 in MP3.1. / 2.2.0172 / 2-20" Recommendations for the prevention of new coronavirus infection (COVID-19) among workers in the construction industry ", approved by Rospotrebnadzor dated December 12, 2020, by resolutions of the Chief State Sanitary Doctor of the Russian Federation of March 18, 2020 No. 7 "On ensuring isolation in order to prevent the spread of COVID-19", dated March 30, 2020 No. 9 "On additional measures to prevent the spread of COVID-2019."
6. affixes (fixes) the fact of the conclusion of a labor or civil law contract for the performance of work (provision of services) by a foreign citizen and fill in the details (date and number) of the concluded contract in the form of a completed application in the AIS "Work in Russia";
7. at the end of quarantine measures, organizes work for foreign citizens to undergo a medical examination for the absence of infectious diseases that pose a danger to others, including tests for COVID-19 and HIV, and the registration of a VHI policy (contract for the provision of paid medical services).
Upon completion of the necessary work and termination of labor or civil contracts with foreign citizens for the performance of work (provision of services), the employer shall assist in the return of foreign citizens to the countries of nationality.
You can learn more about the Algorithm in your personal account on "Work in Russia".
For more information, please contact the consultants of the Confidence Group company.
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