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The new law establishes additional grounds for terminating an employment contract with a foreign citizen, as well as the terms within it is necessary to terminate the employment contract.
Grounds for termination of the employment contract with a foreign citizen | Terms ofemployment contract termination |
1)suspension, expirationorcancellationofforeignlaborhirepermitwith regard to foreign citizens temporary stay in the Russian Federation *Note If it is the reason of labor contract’s termination, employee is entitled to severance pay in the amount of two-week average salary | After the occurrence of such event |
2)cancellation of a work permit or a patent | After the occurrence of such event |
3)cancellation of a temporary residence permit | After the occurrence of such event |
4)cancellation of a residence permit | After the occurrence of such event |
5)termination of a work permit or a patent | The employment contract must be terminated only after 1 month from the date of occurrence of such circumstances. |
6)termination of a temporary residence permit
| The employment contract must be terminated only after 1 month from the date of occurrence of such circumstances. |
7)termination of a residence permit
| The employment contract must be terminated only after 1 month from the date of occurrence of such circumstances. |
8)termination of a contract (policy) of voluntary health insurance valid in Russia or a contract on provision to the employee paid medical services concluded with medical organizations by an employer | The employment contract must be terminated only after 1 month from the date of occurrence of such circumstances. |
9)bringing the total number of foreign employees in accordance with the permissible share of workers. This share can be established by federal laws, Decrees of the Russian President and the Russian Government | The employment contract is terminated not later than the termdefinedby federal laws, Decrees of the Russian President and the Russian Government |
10) inability of the employee to provide an employee with previous work at the end of the temporary work, in accordance with Paragraph 2 of Article 3274of the LC *Note According to Article 3274of the LC in case of natural or man-made disasters, industrial accidents, fire, flood, famine, earthquakes, as well as in case of downtime the temporary work of a foreign citizenat another positionfor the same employer without profession (specialty, position) specified in the work permit or a patent is allowed:
If at the end of the temporary worka foreign citizen can’t be given previous work, the employment contract is terminated. | A foreign citizen must be informed in written form by an employer no later than 3 calendar days before dismissal |
11) inability of temporary work of a foreign citizen, in accordance with Paragraph 2 of Article 3274of the LC *Note According to Article 3274of the LC if the execution of work is impossible due to extraordinary circumstances (fire, flood, earthquake, etc.), and a temporary transfer to another position with the same employer is not possible too, the employment contract is terminated. | A foreign citizen must be informed in written form by an employer no later than 3 calendar days before dismissal. |
For additional information please contact consultants of Confidence Group.
