Foreign Employees in Russian Labor Law Irina Foret

Transcript:Foreign Employees in Russian Labor Law Irina Foret:
Foreign Employees in Russian Labor Law Irina Foret PhD, associate professor Voronezh State University Russia Road map to the course Employment and labor law in Russia: general issues Legal status of foreigners in Russia Russian work visa and work permit Work in Russia as a freelancer of self-employed person Labor rights violation: legal remedies Article 62 of the Constitution of the Russian Federation: “Foreign citizens are extended the same rights as Russian citizens, except in instances that have been established by federal law or by an international treaty to which Russia is a signatory member”. Article 11 of the Labor Code: “Its norms and standards apply to the employment relationship of foreign citizens who are legally employed on the territory of the Russian Federation” Article 352 of the Labor Code: “Everyone has the right to protect their rights and freedoms by all possible means not prohibited by law” Employment and labor law in Russia: general issues There is no one, unified document of migration rights regulation - Migration Code Labor Code Federal Law “On the Legal Status of the Foreign Citizens in the Russian Federation.” Russia is the main migrant receiving country in the region international migrants (2017) – 11 651 thousands international migrants – a percentage of total population – 8.1 % up to 85% of all migrants come from EaP countries and Central Asia majority are labor migrants officially 2 411 235 foreign nationals are registered legally working in Russia actual numbers of irregular migrants are considerably higher Source: UN: population division, Department of Economic and Social Affaires http://www.un.org/en/development/desa/population/migration/data/estimates2/estimates17.shtml Concept of the Russian Federation state policy on migration, 2012-2025 Labor migrants in the Russian Federation the number of foreign citizens engaged in labor activities in Russia (thousands of people ) Source: Federal Statistics Service - www.gks.ru the number of foreign citizens who had a valid work permit, by region-subjects of the federation, (thousands of people) Source: Federal Statistics Service - www.gks.ru the number of foreign workers engaged in labor activities in Russia, in the total number of people employed in the Russian economy, 1994-2018, (% at the end of the year) Source: Federal Statistics Service - www.gks.ru unequal rights to the statuses holders; temporary stay is determined by visa validity period Temporary stay foreign citizens who have visa, migration card but do not have temporary or permanent residence permit Temporary stay the card is issued in two identical