Amendments to the Labor Code will allow employers to legitimately reduce the number of migrant workers to bring their workforce into compliance with the restrictions on labor activity by foreign citizens and stateless persons, established by federal laws, decrees of the President of Russia, resolutions of the Government of Russia, as well as regulatory legal acts of the constituent entities of the Russian Federation issued in accordance with them.
Legal grounds for dismissing foreigners
The key innovation is an amendment to Article 327.6 of the Labor Code of the Russian Federation. A clause on the need to bring the number of foreign workers into compliance with migration legislation will be added to the list of legal grounds for terminating an employment contract at the employer's initiative.
Solving employers' problems
Until now, companies lacked a direct mechanism for quickly reducing the number of foreigners when restrictions were imposed by federal laws. The new law gives businesses a clear basis for dismissal, reducing the risks of litigation with employees.
What will change in practice?
- Legitimate Dismissal: Employers will be able to terminate contracts with foreign workers, citing the need to comply with quotas.
- Risk Reduction: The likelihood of a dismissal being declared illegal in court is minimized.
- Procedure: The detailed procedure will be outlined in the final version of the law.
Migration policy context
The initiative aligns with the policy of regulating the labor market and stimulating the hiring of Russians. It is part of comprehensive measures, including stricter rules for hiring foreign citizens.
Frequently Asked Questions:
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What is the current stage of the draft law on the dismissal of foreigners?
Answer: Draft Law No. 918040-8 was passed by the State Duma in the first reading. To become law, it must pass the second and third readings, be approved by the Federation Council, and be signed by the President. -
When will the law on dismissing foreign workers come into force?
Answer: The exact date is not yet known. The adoption process may take several months. Follow updates on the official State Duma website. -
How does dismissing a foreigner differ from dismissing a Russian citizen?
Answer: Currently, the procedure is almost identical. The key difference is that when terminating an employment contract with a foreigner, the employer must notify the territorial office of the Ministry of Internal Affairs for migration affairs. The new draft law will add a special ground for dismissal for foreigners.
For more information, please contact the consultants of the Confidence Group company.
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