When To Officially Remove Foreigners From Staff Positions
What should be done if the Russia-issued work permit has expired, but the employment contact with a foreigner is still in effect? In this case, the foreigner must be released from the company. Even if it is planned to continue the contacted position and get a new work permit, the foreigner will have to be released before the new permit is received. The foreigner may then be hired back. This is according to Articles 76, 327.5, and 327.6 of Russia Labor Code. If the company does no longer has the right to employ foreigners, the foreign staff must also be released within a month.
To follow the Labor Code, a proper reason for the foreigner's dismissal must be listed. What reasons to list will depend on the foreigners' status in Russia and are listed in Article 327.5 of the Labor Code:
If these are foreigners temporary residing in Russia (such as on visas) and/or stateless persons, they should be removed from work:
- at the end of the validity of the work permit or patent;
- at the expiry of the validity period of their voluntary health insurance policy;
- at the termination of the employer's contract with the medical organization providing paid medical services to foreigners on staff.
For foreigners residing in Russia on temporary residence permits or permanent residence permits, they should be released when those permits expire.
If the foreigner does not receive a new permit or permit extension with a month after the old permit is expired, the related employment contract must be terminated. In the event of termination, changes to the employment contract need not be made. Termination is a duty of the employer, not a right. Changes to the contract can only be made by agreement with the employee (Article 72 of the LC RF).
Translated by Alinga Consulting Group.
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