Now this list is based on the Qualification Directory for the positions of managers, specialists and other employees, approved by the Decree of the Ministry of Labor of Russia of August 21, 1998 N 37.
However, in the digital systems of the Employment Center, the above list has not been updated, and the list of positions from the All-Russian Classifier of Professions of Workers, Positions of Employees and Wage Categories OK 016-94, which was approved in the previous Order, is still used.
As a result of this discrepancy, employers have had difficulties with posting information about the need for foreign labor in the Employment Center and further applying for work permits, since in the digital systems of the Employment Center for many positions and professions there was no exact correspondence to non-quota positions from Order of the Ministry of Labor No. 58n.
From December 15, 2023, this order will replace the Order of the Ministry of Labor and Social Protection of Russia dated May 15, 2023 No. 459n "On approval of the list of professions ...", however, the new list is based on the same Qualification Handbook, and the problem is not solved by this.
We have sent requests to the Employment Center of the city of Moscow and the Ministry of Internal Affairs with a request to clarify how, in the current situation, employers of foreign citizens should act to comply with current legislation when hiring foreign citizens whose positions are not included in the list of quotas.
We received a response to our request from the Department of Employment and Labor Migration of the Ministry of Labor and Social Protection of Russia, its full text can be found here.
According to the explanations of the Department of Employment, due to the need to take into account the individual needs of employers, industry and other features of the content of the work of the required employees, the name of the vacancy may be indicated by the employer arbitrarily.
The all-Russian classifier of occupations of workers, positions of employees and wage categories OK 016-94 is designed to solve problems related to assessing the number of workers and employees, taking into account the composition and distribution of personnel by categories of personnel, skill level, degree of mechanization and working conditions, issues of employment, organization salaries of workers and employees, calculation of pensions, determination of additional needs for personnel and others at all levels of economic management in conditions of automated information processing.
Given the above, when an employer places information about a vacancy on the unified digital platform "Work in Russia", an arbitrary name of the vacancy can be indicated in the "vacancy" field, and the profession "closest" in terms of qualification requirements in accordance with the Classifier in the "profession" field.
Thus, from the clarifications, we can conclude that when posting a vacancy, a name that does not correspond to the Classifier will not be considered a violation of the current legislation, and if a vacancy is refused and a work permit is issued on this basis, employers can refer to these clarifications as official opinion of the competent state body.
For more information, please contact the consultants of the Confidence Group company.
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