Starting 12th of December 2014 all employers of foreign nationals are required to:
- sign unlimited term agreements with all foreign employees save a number of exceptions such as labour agreements with general directors, chief accountants and/or when employer is a Representative or Branch Office, etc.
- enter into the text of labour agreements with foreign nationals details of the document, confirming the right of a foreign national to perform work activities in Russia: work permit, work patent, temporary or permanent residence permit
- enter into the text of labour agreements with foreign nationals details of the medical insurance: either a Medical Insurance Certificate or agreement between employer and Insurance company for provision of the medical insurance
- Medical Insurance supplied by employer has to include the right for the following medical services: first medical aid and immediate medical care
Starting 12th of December 2014 all employers of foreign nationals have the right to:
- transfer a foreign employee to another job position within the company for the period limited to 1 month within a calendar year without first applying for the work permit amendment
- suspend a foreign employee from work activities for up to 1 month, should employee's work permit expire. Previously employers were required to terminate labour agreements with such category of foreign employees
Starting 12th of December 2014 a new chapter is introduced to the Russian Labour Code which will specifically regulate employment of foreign nationals and stateless persons in Russia. It has been reiterated that Russian Labour Code fully applies to foreign nationals, save a number of specific rules intorduced by the new chapter and migration legislation.
The most important part of the new legislation is that starting from 12.12.2014 employers as well as lawyers are no longer divided by the dilemma with regards to whether to sign limited term or unlimited term labour agreements with foreign employees. Now the legislation explicitly states that as a general rule an unlimited term labour agreement has to be signed.
The second "clarification" from the legislator came in the form of regulations regarding medical insurance for foreign nationals. Previously legislation did not contain any specific guidelines as to what services medical insurance should include. Starting Friday this week employers have to make sure that medical insurance that they provide to their foreign employees guarantees first medical aid and immediate medical care.