Legislative amendments affecting foreign employees A federal law that came into effect on 30 June 20151 requires employers and foreign employees to provide updates concerning changes in the information in their documents and sets administrative sanctions for failure to do so. Basic requirements The statute requires that at any change to their first name, middle name, or surname or to the particulars of their identity document, the foreign employee must apply to the local office of the Federal Migration Service of Russia for their work permit to be amended accordingly. This obligation covers all foreign employees, from manual laborers to white collar professionals, and must be discharged within seven business days of entering Russia or of the date of the change, depending on where it took place. If they are late or fail to report the change altogether they face an administrative fine of between RUB 4,000-5,000. Should a foreign employee need to take up a position or be employed in a trade that is not covered by their work permit or work license, they must apply to the local office of the Federal Migration Service of Russia for that document to be amended accordingly. Without such amendments the offender will face an administrative fine of between RUB 2,000-5,000 and may even be deported from Russia. An employer that hires a foreigner to work in a job or trade not covered in the latter’s work permit and/or work license, as well as that employer’s officers, may also be fined, respectively, up to RUB 800,000 and RUB 50,000. If the employer is a legal entity it may also have its operations suspended for up to 90 days. 1 Federal Law No. 199-FZ “On Amendments to Articles 18.10 and 18.15 of the Administrative Infractions Code of the Russian Federation and to the Federal Law ‘On the Legal Status of Foreign Nationals in the Russian Federation’,” dated 29 June 2015. www.bakermckenzie.com For further information please contact Igor Makarov +7 495 787 27 00 firstname.lastname@example.org Evgeny Reyzman +7 495 787 27 00 email@example.com Elena Kukushkina +7 495 787 27 00 firstname.lastname@example.org Maxim Kalinin +7 812 303 90 00 email@example.com Baker & McKenzie — CIS, Limited White Gardens, 10th Floor 9 Lesnaya Street Moscow 125047, Russia Tel.: +7 495 787 27 00 Fax: +7 495 787 27 01 BolloevCenter, 2nd Floor 4a Grivtsova Lane St. Petersburg 190000, Russia Tel.: +7 812 303 90 00 Fax: +7 812 325 60 13 Трудовое и миграционное право 2 Legal Alert l July 2015 ©2015 Baker & McKenzie. All rights reserved. Baker & McKenzie International is a Swiss Verein with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a “partner” means a person who is a partner, or equivalent, in such a law firm. Similarly, reference to an “office” means an office of any such law firm. This may qualify as “Attorney Advertising” requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome. Term of an employment contract to be extended during pregnancy Another federal law, which came into force on 11 July 20152 , has altered Article 261 of the Labor Code of the Russian Federation to provide more solid guarantees to female employees during pregnancy. If their employment contract is set to expire during child-bearing, it is to be extended until the expiry of the maternity leave. Previously the Labor Code obliged employers to prolong employment contracts in such cases only until the end of the pregnancy. Employers are still allowed to dismiss female employees who have actually resumed work after the end of their pregnancies one week after learning or after they should have learned of the end of the pregnancy. Reasoned refusal to hire Another federal law in effect from 11 July 20153 has amended Article 64 of the Labor Code of the Russian Federation, which deals with guarantees during the execution of an employment contract. An employer refusing to hire a candidate is required to explain in writing the reason behind the refusal within seven business days of an appropriate written request from the person denied employment. Should that period be missed or if the denial is found to be unreasonable, the employer and/or its officers may face administrative charges. Recommended action We recommend our clients to take account of the above changes in their business practices in order to avoid possible administrative punishments. We specifically recommend that companies retaining foreign staff should verify that those employees’ actual jobs, positions, and trades are consistent with what is authorized in their work permits and/or work licenses and, if they are not, have those documents duly amended. It is also advisable, when seeking to fill a vacancy, to draw up job descriptions from the very beginning with due regard for the candidates’ required training and professional standards. The period for responding to queries also needs to be observed.