Peculiarities of labour activities of foreign citizens

In accordance with the article 13 of the Federal law as of 25.07.2002 No. 115-FZ "On legal status of foreign employees in Russian Federation" the employers have a rights to attract and use foreign employees in case of presence of permit for labour workforce intake and utilization, and the foreign citizen has a right to perform the labour activities in case of presence of the labour permit of patent.

The stipulated order does not apply to the foreign citizens:

  • constantly or temporarily living in the Russian Federation;
  • being the employees of foreign legal entities (manufacturers or suppliers) executing the mounting (contract supervising) works, service and guarantee maintenance, as well as the post-guarantee repairs of technical equipment supplied to Russia;
  • being the accredited employees of representative offices of foreign legal entities in the stipulated order on the territory of Russian Federation, basing on the principle of mutuality in accordance with the international agreements of Russian Federation;
  • and some other foreign citizens envisaged by the stipulated Federal law.

Employee has a right to attract and use the foreign employees without permit for labour workforce intake and utilization in case if the foreign citizens:

  • came to the Russian Federation in order not demanding the receiving of visa;
  • are the high-skilled specialists;
  • are the family members of the high-skilled specialist engaged for labour activities in Russian Federation;
  • in some other cases in accordance with the legislation.

With purposes of receiving of labour permit in Russian Federation for the foreign citizen it is necessary (as general rule) to confirm the knowledge of Russian language, knowledge of history of Russia and basics of legislation of Russian Federation.

In accordance with the provisions of Federal law of Russian Federation as of July 25, 2002 No. 115-FZ "On the legal status of foreign citizens in Russian Federation" (with the following changes and additions) the employers and (or) customers of works (services) engaging and using foreign citizens for performing of labour activities, are obliged to inform the territorial executive body authorized for performing of control and observation of migration (Directorate of the Federal Migration Service of Russia for Rostov Region) on conclusion or termination (break) of the employment agreement or the civil law contract for performing of works (rendering of services) with the foreign citizen within the term not exceeding three working days since the date of conclusion, termination (break) of the agreement.

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