On February 1, 2017, the Governor of the Leningrad Region adopted the Resolution of the Governor of the Leningrad Region N 6-pg as of February 1, 2017 "On establishment in 2017 of a ban on hiring of foreign citizens working based on patent in a certain types of economic activity by the economic entities operating in the territory of the Leningrad Region".
The Resolution provides an appropriate list of economic activities.
Code of types of economic activity included in the restricted list of OKVED ("OK 029-2014 (OKVED Rev. 2) | Type of economic activity included in the restricted list |
Section А, code 01.7 | Hunting, catching and shooting of wild animals, including the provision of services in these areas |
Section А, code 03.1 | Fishery |
Section В, codes 05-09 | Mining |
Section G, code 46.13 | Activity of agents in wholesale trade of lumber and building materials |
Section G, code 46.73 | Wholesale of wood, construction materials and sanitary equipment |
Section С, code. 10.86 | Production of baby foods and dietetic foods |
Section R, code 93 | Activities in the field of sports, recreation and entertainment |
Section Р, code 85 | Education |
Section Н, codes 49-53 | Transportation and storage |
Section К, codes 64-66 | Financial and insurance activities |
Section М, code 69 | Activity in the field of law and accounting |
Section М, code 74.9 | Professional, scientific and technical activities, not included in other groups |
Section N, code 82.19 | Activities on photocopying and preparation of documents and other specialized support activities for the provision of office activities |
The Resolution provides that economic entities are obliged to bring their activities in compliance with this prohibition within 3 months after the resolution entered into force.
The established deadline for the implementation of the ban in the Leningrad region takes into account the expiry date of the patents of foreign workers, therefore employers have the opportunity to terminate labor relations with such employees (for prohibited economic activities) by the general procedure or in connection with the expiry of the patents.
Clause 9 part 1 of Art. 327.6 of the Labor Code of the RF provides that among reasons provided by the Labor Code of the RF, there is a reason for terminating an employment contract with the employee who is a foreign citizen or a stateless person, concerning bringing the number of employees who are foreign citizens and stateless persons into compliance with restrictions of work by foreign citizens and stateless persons established by the federal laws, the Decrees of the President of the Russia, the resolutions of the Government of Russia.
It’s a bit tricky situation if the organization has codes for the types of economic activity which is not actually carried out, but which is included in the list of the Resolution of the Governor of the Leningrad region. Does is mean that in this case the organization is obliged to terminate all the employment relationship with all of its foreign workers working based on patents? Concerning this issue, Confidence Group sent a request to the Government of the Leningrad region. The results of the reply will be reported additionally.
The text of this document and the list are available
here.
The text of the All-Russian Classifier of Economic Activities is available
here.
For additional information please contact consultants of Confidence Group.
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