Текст книги "Правовая поддержка иностранных инвестиций в России"

Автор книги: авторов Коллектив

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Текущая страница: 17 (всего у книги 17 страниц)

Registration at the place of stay

One of the duties of the employer or any other party hosting a foreigner in Russia is to submit the documents required for the foreigner’s registration at the place of stay (sub-clause 3, part 8, art. 18 of the Federal Law “On the Legal Status of Foreign Citizens in the Russian Federation”). The employer (or any other party inviting a foreigner) is also obliged to arrange for the foreigner’s registration and obtain the documents relating to the foreigner’s stay, residence, traveling, change of address in Russia, etc.

For failure to fulfil these duties, the official of the employer responsible for taking care of invited foreigners or for making sure that they observe the rules governing their stay or registration or that the documents entitling them to stay in Russia are executed properly may be held administratively liable with a fine ranging from 25 to 100 minimum monthly wages (part 1, art. 18.9 of the Russian Code on Administrative Offences).

Let us highlight some practical aspects of obtaining a permit to engage foreigners.

A permit to engage foreigners establishes quotas for employers to engage a certain number of foreign workers in general and by professional group.

In order to enter Russia for work, a foreigner needs a working visa. Since the number of working visas is determined by annual quotas per country approved by the Russian Government, a permit to the employer to engage foreign workers defines the number of foreigners not only by professional group but also by country.

In other words, if the employer receives a permit to engage two engineers from Great Britain, no Germans may be engaged instead of them if necessary.

If, during the year, the employer decides to terminate employment of an engaged foreigner, for example, if the ex-patriate fails the probation period, in order to employ a foreign worker with the same specialisation and from the same country, a new permit will have to be obtained by the employer.

In this context, when requesting a statement from the labour and employment authorities with respect to engagement of foreign workers, it is reasonable to indicate a larger number of workers than needed at that particular point. In reality, it takes from two to three months to obtain such a statement from the Federal State Employment Service and prepare the entire package of documents for the Federal Migration Service.

Over this period, it usually turns out that more foreign workers are needed. If the desired number of workers remains unchanged, the employer may apply for a permit for as many workers as needed.

Unfortunately, the current legislation does not include a mechanism that would provide for more flexible regulation of issues associated with obtaining statements about the advisability of engaging foreign workers.