A foreign worker in Russia in 2018

The latest regulatory document regulating the legal aspect of Russian labor migrants - the Government Decree No. 1467 - that has already been published and signed. Thanks to him, foreign citizens who are planning to find a job in Russia can learn about the new rules and regulations in the sphere of labor migration.

 

How much will a permit for a job in St. Petersburg and the Leningrad Region cost in 2018

The size of the cost of a patent for work in St. Petersburg for foreign citizens is set at 3,500 rubles. Advance payment for this document is calculated using a special formula - AˣBˣC. What this formula means:

• "A" is a constant value of 1,200 rubles, which remained unchanged for an indefinite period.
• "B" is a federal deflator coefficient, which is established according to the Order of the Ministry of Finance under article 11 and article 23 of the Tax Code of the Russian Federation.
• “C” is a regional coefficient, which is established on the basis of article 227 of the Tax Code of the Russian Federation by the law of the subject.

At the end of October this year, according to the Order of the Ministry of Finance, the deflator coefficient was set for the next year. So, in 2018, it will be equal to the figure of 1,686 against 1,623, which is valid this year. The coefficient of regional character on the labor market, established by the Law of St. Petersburg No. 603-104 for the next year, is today 1.7299 against the figure of 1.5403 in 2017. If you multiply all these figures, you get an amount of 3,499.93 rubles. That is how much a foreign citizen will have to pay for a patent for the right to work in St. Petersburg.

Taking into account the fact that the labor markets of St. Petersburg and the Leningrad Region are closely interconnected and deeply interact with each other, the same amount of advance payment for a patent for work is established in the Leningrad Region as in the Northern capital itself.

But similar indicators in Moscow and the Moscow region differ significantly. So for a foreigner to legally work in Moscow, it is stated to pay 4,500 rubles a month for a patent. While the labor patent in the Moscow region is already 500 rubles less.

It is worth knowing that in 2018 foreign citizens will have to pay 3,500 rubles for a patent if they want to work in the Leningrad Region. Interested foreigners should take into account that it is necessary to pay the missing part of the advance payment now, in 2017.

 

How many foreigners can work in enterprises and companies in 2018

Compared to previous years, which were rich in changes in the sphere of labor migration, it is not worth waiting for global reforms in 2018 too. This also applies to new types of businesses that are not subjected to restrictions on the permissible share. The admissible share of foreign employees for such business categories decreased by only 2%:

• employment in the field of truck transport;
• work in the field of land passenger transport.

In numbers, it looks like this: in 2017, the permissible share of foreigners was 30%, and from the new year its going be only 28%. All changes were adopted by Government Decree No. 1467 in December 4 of the current year.

In following areas foreign citizens are not entitled to work:

• trade in drugs and work in pharmacies;
• retail trade in stalls, in markets, in stalls;
• non-market retail trade.

It is worth noting that these indicators remained at the same level and had not been changed.

How quotas were distributed in other areas:

• 50% - the agricultural sector, especially everything related to vegetable production;
• 28% (–2%) - passenger transportation by land;
• 28% (–2%) - trucking;
• 25% - sports activities;
• 15% the ability to sell alcoholic beverages and other alcoholic products;
• 15% the ability to sell tobacco products.

It is worth remembering that such restrictions apply not only to companies with a major OKVED, for example, 49.3 (passenger transport), but also to other activities and secondary OKVEDs.

Owners of transport companies who wants to attract foreigners to their state as drivers must remember that the latter must have a Russian driver's license. This restriction does not apply to foreigners from EurAsEC.

Those who attract foreign employees as drivers, exceeding the established limit, will have to fire them before the first day of next year. But it is possible to solve a similar question in another way, simply by withdrawing staff from the state.

If these restrictions are not met, then the owners of the companies face a rather impressive fine under Article 18.17 of the Administrative Code of the Russian Federation - 800 thousand rubles. By the way, the amount of the fine in Part 4 of Article 18.15 of the Administrative Code of the Russian Federation for the use of illegal labor is less than twice (400 thousand rubles). Therefore, it is worth several times to think before breaking the law.

 

Visa foreign employees: the number of quotas in 2018

It was previously reported that the number of quotas for foreign visa staff will be reduced by 25%. The reason for this “cutting off” of norms was the fall in the rouble exchange rate, the expansion of vigorous activity related to supporting the domestic market, as well as the decline in the overall attractiveness of the Russian labor market. The Ministry of Labor was simply forced to take such measures. According to Government Decree No. 1479 of December 6 of the current year, the total number of quotas will be about 140 thousand, which is a full 25% less than before. Since 2013, there have been five consecutive quota reductions. If we compare the level of 2013, the number of quotas for foreign visa citizens has decreased by almost 70%. It is worth noting that in 2013 the number of quotas was 410 thousand.

At the time of publication of the article, there was still no official publication of the Order of the Ministry of Labor of the Russian Federation, which concerns the distribution of the established regional quotas. It is this annual order that becomes a guideline for subjects when it comes to the number of quotas of positions and specialties, as well as the professions of foreign citizens who want to work legally in Russia.

World Football Championship 2018 and attracting foreign employees

A significant sporting event that will be held in our country next year - FI FA 2018 - also touches issues of labor migration. All employers should remember that they are obliged to officially provide employees with a job in order to ensure migration registrations for the duration of the championship within 24 hours. The basis for this was the decree of the President of the Russian Federation dated 09. 05. 2017, which concerns enhanced measures for the period of the world sports competition.

It is necessary to be prepared for a large number of inspections by the Administration for Migration Issues of the Ministry of Internal Affairs both planned and unplanned nature. All specialized organizations that attract or are only planning to attract foreign employees to their staff for the period of the World Football Championship 2018 should be “on the alert” and it is obligatory to issue migration registration during this period in order to avoid significant fines.

 

Labor migrants from Uzbekistan under organizational recruitment

If a Russian employer attracts Uzbek citizens as personnel, then he should be aware of the toughening in this area by the legislation of Uzbekistan.

What are the changes?

• Control over the movement of funds that are sent by citizens of Uzbekistan from another country is becoming tougher. The obligatory tax from the income is removed.
• Control over the working conditions in which Uzbek citizens work in another country.
• Strict control over the order of departure of citizens of Uzbekistan from their country, as well as their further place of stay.

If we consider that slightly less than half of all labor migrants working in on the territory of the Russia and the entire CIS are citizens of Uzbekistan, then such toughening can lead to large fluctuations in the labor market.

In order to strengthen control over its citizens who leave Uzbekistan in search of work, an organizational recruitment is being introduced. This will allow the Uzbek citizens not to wander from the employer to the employer in search of a vacancy, but to go by a special invitation to a specific place of employment. They stipulate in advance with the future employer working conditions and wages.

The strategy of the organizational recruitment implies the opening of special centers in Uzbek subjects that would train the labor migrants and ensure the possibility of remote interviews via videoconference systems or via Skype. It is worth noting that a similar center of the organizational recruitment has already been opened by the Moscow authorities in Tashkent. The St. Petersburg Center for Labor Resources of the Labor Committee  opened a similar organization in Samarkand.

 

Labor migration bans are in force in the Leningrad Region

 The whole 2017, the Leningrad Region did not allow the attraction of foreign citizens in such areas:

• making baby food;
• fishing;
• hunting;
• catching, shooting;
• education;
• work with the preparation and photocopying of documents.

According p. B. Art. 18.1 FZ-115, which concerns the legal status of foreign citizens, any entity may suspend or restrict the issuance of labor patents for working activities to citizens of the CIS. Such an action is possible if the employment of foreigners does not correspond to the trends of the modern labor market or “takes” jobs from the local population.

If we take into account that no macroeconomic upheavals in the Leningrad region concerning the migration labor market have been recorded, then we should not expect any special changes in this direction. Employers must be prepared that the law on recruiting citizens from other countries will also be in effect in 2018.

 

The Supreme and Constitutional Court of the Russian Federation have become more supportive in the attitude to the foreign workers and employers.

 Judicial practice on immigration articles is still fragmented, foreign nationals who are ordered to be expelled, and employers of foreign citizens who are assigned with space fines, are increasingly reaching the top of the judicial system.

It is noteworthy that the Supreme and Constitutional Court more often began to release legal entities from exorbitant administrative pressure, reducing the amount of fines, and freeing foreign citizens from the appointed expulsion. Only in 2017, the Constitutional Court declared illegal several articles of the Administrative Code and Federal Law 115 on the legal status of foreign citizens, ordering them to change it.

The Migration Advocate Company in 2017 achieved victory in the Supreme Court and several administrative cases under article 18.15 of part 4 of the Administrative Code were terminated. Thus, we not only abolished fines totaling 2 million rubles, but also created an important judicial precedent, proving that the involvement of Belarusian citizens cannot be punishable under Part 4 of Article 18.15 of the Administrative Code of the Russian Federation.

 

St. Petersburg and Moscow will be able to participate in the program of resettlement of compatriots.

 Since 2018, the authorities of the two capitals have been given the right to participate in the program of resettlement of compatriots. But the exercise of this right is left to the discretion of the leaders of these regions. Currently, St. Petersburg, Moscow and the Moscow region did not accept foreign citizens under the program of resettlement of compatriots.

 

Reason for expulsion - hooliganism at the stadium

In 2017, a new ground for the expulsion of foreign citizens appeared - hooligan actions at stadiums. The changes have been made to Article 20.21 of the Administrative Code of the Russian Federation on the eve of the World Cup. For Russian citizens, fines have been increased, expulsion has been added for foreigners for 5 years.

 

Entry-exit to Ukraine and Belarus is closed

 It is no secret that the duty of the annual departure of foreign citizens tried to carry through the exit to Ukraine. And the reason for this is purely economic - trains in Ukraine are exactly 3 times cheaper than in the countries of Central Asia. But due to the amendments, the entry and exit to Ukraine and Belarus became illegal. When crossing in this direction by citizens of Tajikistan or Uzbekistan, they risk being brought under article 18.8 of the Code on Administrative Offenses of the Russian Federation.

Moreover, in connection with the World Cup, the border with Belarus may be closed altogether.

 

Foreigners and tax-free

 Also, from 2018, foreign nationals working under a patent or work permit will be able to reimburse VAT through a tax-free system, such as in the EU countries. VAT can be refunded for goods purchased in large department stores in Moscow and St. Petersburg directly in the departure area.

 

Legislative initiatives in the field of migration and labor legislation

The former Federal Migration Service and now the Administration for Migration Issues of the Ministry of Internal Affairs of the Ministry of the Interior of Russia are planning to develop a unified migration code that will allow combining and streamlining disparate migration laws.

This also applies to the labor law, where the concepts “labor relations”, “receiving party”, and “employer” are explained. In the future, it may be provided for the administrative responsibility of the employer for the fact that he has not concluded an appropriate employment contract with a foreign citizen. The Administration for Migration Issues of the Ministry of Internal Affairs has already put forward such an initiative. Also, administrative responsibility will be provided for citizens of EurAsEC for work without an employment contract.

In particular, a representative Irina Yarovaya transferred several migration projects to studying. One of them explains such concepts as: “removal of an employee from migration registration”, “receiving party of a foreign employee”, “place of stay of a foreign employee”. If such a bill is approved at the highest level, then this can relieve the employer of the need to process migration registrations. Responsibility for registration of migration registration will be assigned to the owners of those apartments where foreigners actually live.

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