The draft law proposes to make the following changes:
1. It is proposed to make the organized recruitment of labor migrants a priority mechanism for the employment of foreign citizens in Russia, both visa and visa-free. It is proposed to make the organized recruitment operator - a public law company created specifically for this purpose - the key link in this process.
We remind you that the idea of organized recruitment of labor migrants is not new. In February 2024, a draft law on organized recruitment was developed by the Ministry of Labor of Russia and posted on the portal of draft legal acts. Sergei Mironov's faction included all the main provisions of the draft law of the Ministry of Labor in their draft law.
2. To participate in organized targeted recruitment, the employer will have to register in the register of employers participating in targeted recruitment and obtain permission to attract foreign labor.
3. The period of stay of foreign citizens who arrived under targeted recruitment is proposed to be limited to the validity period of the work permit and the employment (service) contract with the employer (customer), which in turn cannot exceed 2 years.
4. To hire a foreign citizen under targeted recruitment, it will be necessary to take the following actions:
• a foreign citizen must obtain a work permit. It is proposed to make this mandatory for both citizens of visa and visa-free countries with Russia; it is proposed to abolish the system of labor patents;
• the employer or customer of works (services) must conclude an employment or service contract with such a foreign citizen;
• the employer must make a security payment (deposit), which is planned to provide a guarantee of the departure of the foreign citizen outside of Russia after the expiration of the employment or service contract with him.
5. To oblige the employer to pay personal income tax for the foreign citizen, and in the event of failure by the employer or customer of services to pay personal income tax for this citizen, it is proposed to cancel the work permit of this citizen.
At the same time, the explanatory note to the draft law differs somewhat from the text of the drfat law. In particular, it speaks of the need to prohibit unskilled labor migrants from obtaining a residence permit in Russia and then Russian citizenship, prohibit migrants from bringing their families with them, prohibit a foreign worker recruited through organized recruitment from concluding a contract with another employer, etc. These provisions are not included in the text of the drfat law.
At present, the draft law has been sent for consideration to the State Duma Committee on the Commonwealth of Independent States, Eurasian Integration and Relations with Compatriots.
The draft law authored by the Ministry of Labor is currently at the stage of preparing a conclusion on assessing its regulatory impact.
We are closely monitoring the consideration of both draft laws and will inform you of all significant events and changes.
For more information, please contact the consultants of the Confidence Group company.
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