Additional responsibility for violation of foreign nationals employment rules is to be implemented

24 April 2013

The current migration laws oblige the employer who has entered into a labour contract with a foreign national to notify the appropriate services (migration and tax services, employment service). Apart from that, the obligation to provide notifications occurs in the case of termination of the contract and in the case of a vacation with duration of more than 1 calendar month without pay. Submission of these notifications must be made within strict legal deadlines.

The current edition of the Code of Administrative Offences (CAO) provides responsibility only for "Failure of notification ... of employment ..." Thus, the penalties for other violations relating to submission of the notification the Code simply does not provide.

For this reason, the draft law was introduced for the consideration of the the State Duma (which was passed in first reading). The law provides for amending paragraph 3 of Article 18.15 of the CAO. In the new edition, responsibility takes place in case of failure or delay of notification provision on:

  • employment of a foreign national
  • other issues relating of foreign nationals exercise of work activities

The "other issues" refer to all forms of notifications relating to work activities. These include notifications of contract termination, wage preservation, wage payments to a highly qualified specialist, etc.

The penalty provided in paragraph 3 of article 18.15 of the Administrative Code is:

  • For a citizen - 2-5 thousand roubles
  • For an official - 35-50 thousand roubles
  • For legal entities - 400-800 thousand roubles (or suspension of the company’s activity for the term of up to 90 days)

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