Changes May Be Coming For Employers Of Foreign Workers
The Ministry of Internal Affairs of Russia on its website, which publishes legislative initiatives, has posted a new bill that affects the rules of stay for foreigners in Russia, as well as regulation of their employment in Russian companies, and how the Ministry of Internal Affairs will verify compliance from these organizations.
The draft bill was created to comply with a presidential decree, dated April 2016, "On the improvement of public administration in the field of migration and in the sphere of control over the circulation of narcotic drugs, psychotropic substances and their precursors."
The proposed new legislation specifies which documents state structures may not require the employer and migrant to show during an inspection if those documents are already held by other state structures.
The above laws regulate the control of the following aspects:
- The conditions for legally entering and leaving Russia by a foreigner, the procedure for staying in Russia, the rules for registering in Russia.
- Anyone who provides housing to a foreign citizen must comply with all registration rules, and ensure that a complete package of documents is submitted to register the foreigner.
- Owners of companies and legal entities that employ citizens of other states must also comply with all laws and conditions for the registration of their employees.
- Foreign citizens must adhere to the rules of staying in Russia and comply with migration laws when working at a Russian enterprise.
- Employers, entrepreneurs, and other individuals with the right to recruit and employ migrants must obey all laws.
All inspections of companies by the Ministry of Internal Affairs to ensure compliance with the above laws are carried out in the form of document control and on-site inspections. This is, in turn, regulated by the Administrative Legal Act.
The following items are subject to control:
- Where the foreign citizen lives and works.
- The living space where the foreigner is registered.
- The foreign citizen living and working in Russia himself.
- The owner or tenant of the living space, the receiving person who carried out the registration in the given place of residence of the foreigner.
- Any company or legal entity, upon whose request the foreigner was allowed to cross the border and reside in Russia.
- Any individual who invited the foreigner to perform work in Russia (natural persons).
- Vehicles carrying out long-distance transport.
Foreign citizens and their employers are obliged to provide the following documents on demand if they are inspected by the FMS (Ministry of Internal Affairs)
- Passport or identity card.
- A document confirming that a foreigner is legally present in Russia (patent, temporary residence permit, residence permit, etc.).
- Papers proving that the migrant has registered as needed.
- Persons should not interfere with the inspection and verification of the places where foreign citizens reside and work.
Individuals with respect to whom the FMS conducts inspections also have a list of rights. Among them:
- To be present during the control procedure.
- To appeal decisions of the inspecting government structure in the manner specified by the regulations.
- To send to objections to the head of the local branch of the Ministry of Internal Affairs.
- To give answers and explanations to the questions of the inspection bodies.
- Communicate the facts to the institutions and provide documents that they believe should be included in the FMS enterprise inspection report.
Translated by Alinga Consulting Group.
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| ||Source: Migrantmedia.ru|| |