LATEST NEWS – LABOR AND MIGRATION
Please find below the latest news on labor and migration.
Bill No. 926856-7 “On Amending Article 13.3 of the Federal Law “On the Legal Status of Foreign Citizens in Russian Federation” has been submitted to the State Duma.
This amendment will provide foreign citizens who have arrived to the Russian Federation in a manner that does not require a visa and work on the basis of a patent the opportunity to repeatedly apply for a patent renewal without leaving the territory of the Russian Federation.
Currently, the permitted number of applications for patent renewal does not exceed one.
The bill has just been submitted for consideration, it has yet to go through three readings in the State Duma, approval by the Federation Council and signing by the President of the Russian Federation.
The Ministry of labor and employment of Russian Federation (MINTRUD) on its official website explained to employers how to properly organize the transfer of employees to a remote mode of work, and also recommended transferring employees to this mode of operation to all employers which find it possible.
MINTRUD also recalled that with a change in the place of performing of job duties, the level of remuneration should not change.
In addition, the MINTRUD explained that if there are no certain grounds provided by the Russian Labor Code the employee has no right to refuse a business trip to a country with an unfavorable epidemiological situation, and also recalled the need for quarantine and the possibility of processing paid sick leave after returning from such countries.
The Ministry of Justice has developed amendments to the Code of Administrative Offenses relating to the violation of quarantine.
The Ministry has already sent the corresponding project to the Government. It is not yet clear what kind of sanctions it is proposed to introduce, but it is noted that they should ensure strict observance of quarantine rules during its implementation.
Since the Code of Administrative Offenses of the Russian Federation is a Federal Law, amendments to it must go through three readings in the State Duma, approval by the Federation Council and signing by the President of the Russian Federation before becoming part of the Code of Administrative Offenses of the Russian Federation. However, we believe that, considering the current situation in the country and the world, such amendments will be given a green light, and they will be considered by all state bodies in an accelerated manner.
Currently, for non-compliance with quarantine, a citizen can be held liable under the following articles of the Code of Administrative Offenses: Art. 6.3, Art. 19.4 or Art. 19.5. The maximum fine that can be threatened in this case is from 500 to 1000 rubles.
As for the criminal liability for violation of epidemiological standards, it threatens only in case of mass infection (Article 236 of the Criminal Code of the Russian Federation).
Mazars experts in Russia are ready to advise clients in more detail on all current issues of labor, migration and administrative legislation, as well as assist in the preparation of documentation for transferring employees to a remote mode.