In letter No. 16-4/OOG-1925 dated 19.03.2021, the Ministry of Labour and Social Protection of the Russian Federation clarified the application of labour law norms regarding the employer's actions when a worker's patent expires.
As the Ministry notes, the expiry of a temporary foreign worker's patent is a reason to terminate his employment contract in accordance with Article 327.6(1)(5) of the Russian Labour Code, but with the proviso that the employment contract on this ground must be terminated after one month from the expiry of the patent, and he must be suspended from work before the month expires.
This suspension does not terminate the employment relationship with the employee, as the employment contract remains in force.
Only if the employee fails to submit a new patent or temporary residence permit (Article 327.3 of the Labour Code) to continue working for the organisation after this period, he may be dismissed under Article 327.6 (5) (1) of the Labour Code.
In addition, the Ministry draws attention to the fact that, in accordance with Article 97 (1) of the EEU Treaty, employers and (or) customers of works (services) of a member state have the right to attract workers of member states to carry out labour activities without regard to restrictions to protect the national labour market.
In this regard, citizens of the Eurasian Economic Union member states (citizens of Armenia, Belarus, Kazakhstan and Kyrgyzstan) are not required to obtain a patent or work permit to perform labour activities, they are not subject to quotas for issuing invitations for foreign nationals to enter the Russian Federation for labour activities, quotas for issuing work permits to foreign nationals.
For more information, please contact the consultants of the Confidence Group company.
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