Regulation amended under which the responsible authorities inspect employers who hire foreign employees
On 1 August 2011 a federal law came into force that establishes special grounds for conducting an unscheduled inspection in respect of the law on labor activity of foreign citizens in companies. Specifically, the law (Federal Law No. 242-FZ "On Amending Separate Legislative Acts of the Russian Federation on Issues of State Control (Monitoring) and Municipal Control", dated 18 July 2011) establishes the following new main grounds for conducting an unscheduled check:
- An employer fails to rectify infringements of the labor law and other regulatory acts outlined in the labor law within the period set by the federal inspectorate.
- The federal labor inspectorate receives information from citizens, including individual entrepreneurs and legal entities; as well as information from the state authorities (officials of the federal labor inspectorate and other federal executive authorities responsible for state control (inspection)); local governments; trade unions; and from the mass media on instances of employers' violations of the labor law and other regulatory acts outlined in the labor law, including violations of the laws on occupational safety which have put the life and health of employees at risk of harm.
- An employee reports that an employer has violated his/her labor rights.
- An employee requests an inspection of the working conditions at his/her workplace.
- The director (deputy director) of the federal labor inspectorate orders an unscheduled inspection in accordance with an instruction of the President of the Russian Federation or the Government of the Russian Federation, or the prosecutor demands an unscheduled inspection as part of fulfilling his/her duties to uphold the laws after having received materials and information.
Furthermore, new timeframes for conducting scheduled and unscheduled inspections have been established. Specifically, a scheduled inspection may not exceed 20 working days, while an unscheduled inspection may not exceed seven working days. The length of an inspection may be extended, but not by more than seven days. Previously, these terms have not been established.
The family members of highly qualified foreign specialists may work when in possession of visas that indicate that they are accompanying the specialists
On 25 March 2011, Federal Law No. 42-FZ, dated 20 March 2011, came into force. The law grants the family members of highly qualified specialists the right to work and perform other permitted duties on the territory of the Russian Federation. According to the latest amendments, in order to work, a highly qualified specialist's family members are only required to apply for a work permit. A work visa is not required from the company employing a family member. They are permitted to work as accompanying members of the highly qualified foreign specialist's family.