What is a “ban” on hiring highly qualified foreign specialists?
Federal Law No.508-FZ “On amending Article 13.2 of Federal Law ‘On legal status of foreign citizens in the Russian Federation’” dated December 31, 2014, establishing additional restrictions on hiring highly qualified foreign specialists (“HQS”) in Russia came into force on March 2, 2015.
The federal law introduces completely new restrictions for employers as regards hiring an HQS. At present, the executive body responsible for migration issues is empowered to set prohibitions for a Russian employer to engage HQSs in Russia in the event the following violations are revealed:
- The employer failed to perform obligations established by federal law or obligations under an employment agreement or civil law contract;
- The employer submitted false or forged documents to the migration authority.
However, same as in the previous edition, the law does not specify the manner and procedure for revealing such violations, examining them and adopting a decision regarding the ban on engaging HQSs (if any such violations are revealed) or for inspecting the authenticity of documents provided to the state authority.
The only ban that remained unchanged is on new work permits for HQSs in the event the Russian employer fails to execute a decision on imposition of administrative sanctions. It should be noted that this concerns not only administrative liability for illegal hiring of foreigners in Russia (as established before), but also for any violation in the stay/residence of the foreigners or in the procedure for their performing labor activity in Russia.
It should also be emphasized that the employer in relation to which a decision regarding the ban on engaging HQSs in labor was adopted, will lose not only the right to engage new HQSs, but also the right to apply for extension on work permits for HQSs that are already hired. Such ban remains in effect for two years from the date the respective decision of the state authority is adopted.
Should any questions arise in connection with the above or if you need any additional materials, please contact Pavel Karpunin or Anastasia Fomicheva, St. Petersburg Office of Capital Legal Services.
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