Legal overviews
Changes and initiatives concerning employment of foreign nationals
- Author: Olga Anisimova
- Service: Labor and Migration Law
- Date: 03.04.2024
1. Minimum wages for highly qualified specialists increased
As of March 1, 2024, amendments to the Law on Foreigners[1] took effect. The amendments concern, in particular, the established amount of remuneration payable to foreign citizens working as highly qualified specialists (hereinafter "HQS").
Previously, the Law on Foreigners set the minimum salary for HQS individuals at 167,000 rubles per month. As of March 1, the amount of remuneration of the HQS should be at least 750,000 rubles per quarter.
The above increase in the minimum wage of the HQS is primarily due to the growth of the exchange rate. In addition, under the new edition of the Law on Foreigners, the calculation of the minimum wage is to be done on a quarterly basis rather than on a monthly basis. This calculation procedure is justified by the fact that employers are obliged to notify the Russian Ministry of Internal Affairs of the fulfillment of their obligations to pay HQS salaries on a quarterly basis no later than the last work day of the month following the reporting quarter.
If the employer does not notify or violates the established procedure and/or notification form,[2] the violation entails administrative liability in form of a fine on officials in the amount of 35,000 to 70,000 rubles and on legal entities from 400,000 to 1,000,000 rubles.[3]
2. Increase in state duties related to hiring foreign workers
Starting July 1, 2024, provisions of the Federal Law[4] which change the amount of state duties for performance of acts relating, inter alia, to foreigners and stateless persons entering the Russian Federation took effect.
In accordance with the amendments, state fees for obtaining the following documents relating to the employment of foreign workers will be increased:
- Invitations to enter Russia for a foreigner or stateless person: currently the fee is 800 rubles for each invitee, and starting July 1, 2024 it will be 960 rubles for each invitee;
- Permits for the recruitment and use of foreign workers: the new amount of state duty will be 12,000 rubles, whereas currently the duty is set at 10,000 rubles;
- Work permits for a foreigner or a stateless person: at the moment the state duty is 3,500 rubles, and taking into account the changes, the duty will reach 4,200 rubles.
3. Ministry of Finance’s initiative to simplify the procedure for foreigners obtaining patents
The Russian Ministry of Finance has published a notification on the Federal Portal of Draft Regulatory Legal Acts regarding commencement of work on a draft law with the amendments to the Law on Foreigners.
According to the information available at this stage, the future draft law will allow foreign workers to work in several regions of the Russian Federation under a single patent.
The current version of the Law on Foreigners stipulates that foreign citizens cannot work outside the Russian region where they received their patent. In order to work in a different Russian region, a foreign worker must apply for a new patent at the territorial body of the Russian Ministry of Internal Affairs for the region in which the foreigner plans to work.[5]
The initiative is aimed at simplifying the procedure for processing documents required for foreign nationals to work in Russia.
We will keep you informed of further developments. We hope you find this information useful.
[1] Federal Law No.115-FZ "On the legal status of foreign citizens in the Russian Federation" dated July 25, 2002; as amended by Federal Law No.316-FZ dated July 10, 2023.
[2] Established by Order No.536 of the Russian Ministry of Internal Affairs dated July 30, 2020.
[3] Part 5 Article 18.15 of the Russian Code of Administrative Offenses.
[4] Federal Law No.539-FZ dated November 27, 2023, which, inter alia, amends Article 333.28 of the Russian Tax Code.
[5] Clause 16 Article 13.3 of the Law on Foreigners.