Labour Law

Labour law is the branch of law which regulatethes social relations in the labour sphere. The following article are gathered in accordance with the Civil code of Russian Federation and Labour Code of the Russian Federation.

## Russian legislation

The General principles of regulation of labour and other relations directly related to them and the General provisions of the labor legislation, fixed in the Labor code of the Russian Federation, apply to everyone without exception (and citizens of the Russian Federation and foreigners) employed under an employment contract of employees (basic rights and obligations of the employee, social partnership in the field of labour, the right to belong to Russian trade unions, working time and rest time, payment and regulation of labour, guarantees and compensation, labour regulations, labour discipline, labour protection, material responsibility of the parties to the labour contract, consideration and resolution of labour disputes) .

## Features of employment of foreigners

The procedure for admission of foreign citizens to employment in the Russian Federation is regulated by the Federal law of 25.07.2002 №115-FZ from 6.12.2011 " About the legal status of foreign citizens in the Russian Federation." And working conditions are regulated by Russian legislation, unless otherwise provided by an international treaty .

Employment of foreign citizens in the Russian Federation is generally associated with:

* obtaining different permissions
* the submission of medical documents on the absence of drug dependence, infectious diseases and HIV infection
* in compliance with the established prohibitions and restrictions on the use of foreign citizens
* with the emergence of additional responsibilities of the employer

### Admission of foreigners for employment

The procedure for admission of foreign citizens to employment in the Russian Federation depends on the following factors:

* From the status of a foreigner (permanently/temporarily living or temporarily staying in the Russian Federation), qualification
* from the entry regime (visa or visa-free)

## The procedure of employment in Russian Federation

Taking into account these factors, there are **4 ways** of their employment in Russia:

#### *Simplified* (same as for Russian citizens)

No considerable regularities despite foreign status.

#### *Established for visa foreigners*

*in addition to highly qualified professionals, the employer must:*

* Permission of the migration service to attract and use foreign citizens
* Employee work permit
* An invitation to enter

These documents are issued by the migration service in the presence of the conclusion of the employment service within the quotas for entry and work for up to 1 year.

#### *Obtain a work permit*

To o*btain a work permit to a foreign citizen* (he pays the state fee), the employer does not need to obtain any permits. This procedure is established for foreign citizens:

* who arrived in Russia in visa-free order. This procedure is established with the CIS countries, except Georgia and Turkmenistan.
* The permit is issued to a foreign citizen taking into account the quotas established by the Government:
	+ For the period of temporary stay
	+ For the term of the employment contract, but not more than 1 year.

#### *Obtain a patent*

The patent is issued out of quota to persons who arrived in a visa-free order, and gives the right to work for employers of individuals. The Patent is issued on the basis of an identity document and a document on payment of income tax and can be repeatedly extended for a period of not more than 3 months. The total term of the patent is 12 months .

## Legal Rights of parties involved

### Employers and legal persons-subjects of Labour law.

As employers are individuals and legal entities (commercial, non-profit organizations) in the organizational and legal forms provided for in article 50 of the civil code of the Russian Federation, having labour legal personality, which is to provide citizens with work on the basis of an employment contract .

### Organizations

Organizations that have legal personality in employment enjoy the right to hire/dismiss employees, organize and manage the labour process, have money to pay for work, and are liable for obligations to the employee and may be a plaintiff/defendant in court. <re

## Procedure exception for foreign citizens

This procedure does not apply to foreign citizens who are:

* permanently residing in the Russian Federation (permanent resident is a foreign citizen who has received a residence permit);
* employees of diplomatic missions and consular offices of foreign States in the Russian Federation, international organizations;
* employees of foreign legal entities (manufacturers or suppliers) performing installation work, service and warranty service;
* journalists accredited in Russia;
* students in the Russian Federation in educational institutions of professional education and performing work during the holidays or working in their free time in those educational institutions in which they are trained;
* invited to the Russian Federation as researchers or teachers

Russian legislation imposes restrictions on the types of work where foreigners can be employed.

## Limited rights of foreign labours

Foreign citizens do not have the right:

* to be elected to Federal bodies of state power, bodies of state power of subjects of the Russian Federation
* to be in the municipal service, state civil service, law enforcement service
* to replace the positions of the ship's captain, senior assistant to the ship's captain, senior mechanic and radio specialist in the crew of the ship flying the state flag of the Russian Federation
* to be a member of the crew of a military ship of the Russian Federation or other vessel operated for non-commercial purposes, as well as an aircraft of state or experimental aviation
* to be the commander of a civil aviation aircraft
* to be employed at facilities and organizations whose activities are related to the security of the Russian Federation
* to  be a private detective and private security guard
* to be a notary
* to be the commander of the crew of the manned space object of the Russian Federation

## Sources

1. ↑ Трудовые отношения с участием иностранных граждан
2. ↑ FEDERAL LAW NO. 115-FZ OF JULY 25, 2002
3. ↑ **Гражданский кодекс Российской Федерации (часть первая)" от 30.11.1994 N 51-ФЗ (ред. от 03.08.2018) (с изм. и доп., вступ. в силу с 01.09.2018)**
4. ↑ ТРУДОВОЙ КОДЕКС РОССИЙСКОЙ ФЕДЕРАЦИИ