Recruitment of labor migrants in Russia
Hiring is made Order (Order) of the employer, issued on the basis of labor contract. The contents of the order (orders) of the employer must comply with the terms of the employment contract.
Order (Order), the employer of hiring an employee is declared by hand three days after the actual start of work. At the request of an employee the employer shall issue a duly certified copy of this Order (order).
When a job (before signing an employment contract), the employer must inform the employee on receipt of the internal labor regulations and other local regulations that are directly related to the employee's work, the collective agreement.
At the conclusion of an employment contract a person coming to work, the employer makes a passport or other identity document; work record, except when the employment contract is for the first time or part-time, certificate of insurance of the state pension insurance of military registration documents - for military service and persons be called up for military service, education documents of qualification or special expertise - when applying for jobs requiring special skills or special training.
In the absence of a person coming to work, employment record due to its loss, damage, or any other reason the employer shall, upon written request of the person (indicating the reason for the absence of employment record) to issue a new workbook.
In some cases, taking into account the specifics of the Customs Code, other federal laws, Decrees of the President and resolutions of the Government of the Russian Federation may require the submission of an employment contract for additional documents. Thus, an additional list of documents required for employment of foreign nationals, defined by the Federal Law "On Legal Status of Foreign Citizens in the Russian Federation."
With regard to the legal status of documents related to the employment of foreign workers from the CIS, the CIS agreement on 4/15/94, the cooperation in the field of labor migration and social protection of migrant workers (in force for Tajikistan, Kazakhstan, Moldova, Ukraine, Russia , Uzbekistan, Kyrgyzstan, Armenia, Azerbaijan, Belarus) found that each side recognizes (without authorization), diplomas, certificates of education, the relevant documents to award the title, category, and other necessary skills for employment documents and certified in the prescribed for Check out the territory of the order of their translation into the official language of employment, or Russian.
Provisions of Art. 64 Labour Code prohibits the unjustified refusal to conclude an employment contract and not allowed any sort of direct or indirect restriction of rights or the establishment of direct or indirect benefits in an employment contract on grounds of sex, race, color, nationality, language, origin, , social and employment status, age, place of residence (including the presence or absence of registration of residence or stay), as well as other circumstances not related to the professional qualities of workers, except as permitted by federal law. Denying to the person in the employment contract, the employer shall inform him of the reason for refusal in writing.
Denial of an employment contract can be challenged in the courts. Since the legislation has only an illustrative list of reasons why an employer may not refuse to hire a person seeking work, the question of whether there has been discrimination in the denial of an employment contract shall be decided by the court when considering a particular case (Par. 4 n . 10 The provisions of the Supreme Court of the Russian Federation of 17.03.04 № 2). However, if the court determines that the employer refused to hire due to circumstances related to the professional qualities of the employee, such a waiver is justified.
At the conclusion of an employment contract it by agreement of the parties may stipulate the condition of the test the employee in order to verify its compliance instruct the work. The absence of a contract of employment conditions of the test means that the employee is hired without a trial. In the case where the employee is actually allowed to work without issuing an employment contract, the condition of the test may be included in an employment contract only if the parties have issued it as a separate agreement to get started.
During the test on an employee subject to the provisions of labor laws and other normative legal acts containing the labor law, collective agreements, agreements, and local regulations.
The test for employment is not set for:
• Persons elected to a competition for the post, conducted in the manner prescribed by labor legislation and other normative legal acts containing labor law;
• pregnant women and women with children under the age of eighteen;
• Persons under 18 years of age;
• Persons who have graduated with a state-accredited educational institutions of primary, secondary and higher education and for the first time coming to work in their specialty within one year from the date of completion of the educational institution;
• the persons elected to public office in paid work;
• people who are invited to work in the way of transferring from another employer by agreement between the employers;
• Persons entering into an employment contract for a period of two months;
• other persons in cases envisaged by the Labour Code and other federal laws, collective bargaining agreement.
Probation period may not exceed three months, and for certain categories of workers - leaders of organizations and their deputies, chief accountants and their deputies, heads of branches, representative offices or other separate structural units of organizations probation period may not exceed six months, unless otherwise provided by federal the law.
At the conclusion of an employment contract for a period of two to six months of the test may not exceed two weeks. It should be borne in mind that in the time trial does not count towards the period of temporary incapacity of the employee and other periods when it is actually absent from work.
When the test is unsatisfactory the employer has the right prior to the expiration test to terminate the employment contract with an employee who warned him about it in writing no later than three days with the reasons that led to the recognition of the employee does not pass the test. The decision of the employer the employee has the right to appeal in court.
When the test is unsatisfactory termination of employment is made without consulting the relevant trade union body, and without severance pay. If the probation period has expired and the employee continues to work, he shall be deemed satisfactory and the subsequent termination of employment shall be allowed only in general terms.
However, if the test period the employee will come to the conclusion that the proposed work it is not suitable for him, he is entitled to terminate the employment contract at his own request, notice to the employer in writing within three days. For civil legal relations with foreign entities, the rules established by civil legislation of the Russian Federation, unless otherwise provided by federal law. Therefore, civil contracts for execution of work and paid services, the relevant norms of civil legislation of the Russian Federation, supplemented by the provisions of this Act.
The customer of works (services) - the legal or natural person - must obtain permission in the prescribed manner to attract and use foreign workers to ensure receipt of foreigners work permit. Just as an employer in an employment contract, the customer in a civil law contract has additional duties under Art. 18 of the Federal Law "On Legal Status of Foreign Citizens in the Russian Federation" submission of required documents, the notice of attraction and use foreign labor, etc.
The employment contract should be distinguished from related civil contracts (contracts, orders, paid services, etc.), content of which is also a work activity.
Article 76 of the Labour Code provided for the suspension. Must first submit that the removal of work - a stopgap measure, not involving itself change the contract or its termination. However, in some cases it may be preceded by a change or cancellation. In the case of removal of an employee from work labor relations, established on the basis of labor contract remain, although the basic rights and duties under the contract during this period may not operate fully. For example, an employee temporarily performs the function of his career because he was not allowed to work and the employer by virtue of the direct instructions of the special legal regulations (Part 3. 76 Labour Code) in this period does not charge the employee wages. In the art. 76 Labour Code clearly states, in some cases, the employer is obliged to remove from work (do not allow to work) worker: coming to work in a state of alcoholic, narcotic or toxic intoxication; if the employee was not in the prescribed manner training and validation of knowledge and skills occupational safety and health or mandatory preliminary or periodic medical examinations, with the identification in accordance with medical contraindications to the conclusion of the work, due to the employment contract; requirements for bodies and officials authorized by federal laws and other regulations, and in other cases provided federal laws and regulations. The employer dismisses the employee for the entire period of time until the circumstances giving rise to suspension from work or to prevent the work. At the same time wages are not credited, except as required by federal laws. In cases of dismissal of the employee who is not trained and validation of knowledge and skills in the field of labor or compulsory or periodic medical examination is not their fault, then pays for the period of suspension from work as a simple.
Grounds for termination of the employment contract.
Grounds for termination of employment contract are:
1) The agreement of the parties (Article 78 Labour Code);
2) the expiration of the employment contract (Article 79 Labour Code), except in cases where the employment relationship is actually going on and neither party has not demanded its termination;
3) termination of employment by the employee (Article 80 Labour Code);
4) termination of employment by the employer (Article 71 and 81 of the Labour Code);
5) The transfer of an employee at his request or with his consent to work for another employer or a transition to an elected job (position);
6) The refusal of the employee to continue working due to change in the organization of the property owner, with a change of jurisdiction (subordination) of the organization or its reorganization (Article 75 of the Labour Code);
7) The refusal of the employee to continue working due to changes in certain sides of the employment contract (Part 4 of Art. 74 Labour Code);
8) failure of the employee to transfer to other work necessary to him in accordance with the medical certificate issued in accordance with the federal laws and regulations of the Russian Federation, or lack of work-
Employers relevant work (part of the third and fourth century. 73 Labour Code);
9) refusal to transfer the employee to work in another locality together with the employer (Part 1 of Art. 72.1 Customs Code);
10) the circumstances beyond the control of the parties (Art. 83 Labour Code);
11) violation of the Labour Code or other federal law, rules of the employment contract, if the violation precludes further work (Article 84 Labour Code).
The employment contract may be terminated on other grounds stipulated by the Labour Code and other federal laws. Foreign workers are covered by the grounds for termination of labor contracts stipulated by the labor laws of the Russian Federation. However, there are features of termination of employment contracts with foreigners.
One of the main features of the termination of employment of foreign nationals is a close correlation between the effect of permission for foreign labor and employment contracts. Upon termination of employment contract and permit stops. Conversely, terminating an employment contract is terminated the permit.
Since according to the Federal Law "On Legal Status of Foreign Citizens in the Russian Federation," the employer has the right to recruit and use foreign workers and foreign worker has the right to engage in labor activity only when the appropriate permissions, their absence is grounds for termination of labor contract as a result of breaches of the mandatory rules in the employment contract (§ 11 of Art. 77, Art. 84 Labour Code).
If a violation of the rules of the employment contract allowed through no fault of the employee, the employer shall pay severance pay in the amount of average monthly earnings. Termination of employment contract issued an order (order) of the employer.
In order (instruction) of the employer to terminate an employment contract the employee must be informed of a painting. At the request of an employee the employer shall issue a duly certified copy of this Order (order). In the case where the order (the order) on the termination of the employment contract can not be brought to the attention of the employee or the employee refuses to read it for painting, in order (before) made an entry.
Day of the termination of the employment contract in all cases is the last day of the employee, except when the employee actually worked, but for him, in accordance with this Code or other federal law, remained a place of work (position).
On the day of termination of the employment contract the employer must give the employee work record and to perform the calculation in accordance with Art. 140 Labour Code. Upon written request of an employee the employer is also obliged to give him a duly certified copies of documents related to the work.
Writing in the work book about the foundation and the reason for the termination of the employment contract shall be in strict accordance with the wording of the Labour Code or other federal law and with reference to the relevant article of the article, paragraph of the Labour Code or other federal law.
When the day of termination of employment contract to give the employee work record is impossible due to his absence or refusal of receipt, the employer must send the employee a notice to appear for work or a book to give consent to sending it by mail. From the date of said notice on the employer relieved from liability for delay of work book. The employer is not responsible for the delay in issuing employment record in the case of mismatch with the closing date of registration the day of termination of employment by dismissing an employee on the grounds specified subparagraph "a" of paragraph 6 of Part 1 of Art. 81 or paragraph 4 of Part 1 of Art. 83 Labour Code, and dismissal of women, the term of the employment contract which was extended until the end of pregnancy in accordance with Part 2 of Art. 261 Labour Code. On written request of the employee has not received the workbook after the dismissal, the employer is obliged to give it no later than three working days from the date of the employee. Work experience, including experience on preferential basis and to a degree, mutually recognized by the parties.
In the final departure of the foreign worker employment by the employer (employer) has been issued to him certificate or other document containing information about the duration of work and wages per month. It should be borne in mind that foreign workers are covered under the legal consequences of termination of employment contracts, provided the labor legislation of the Russian Federation concerning the payment of severance benefits (Art. 178 of LC RF), pre-emptive right to remain at work (Art. 179 of LC RF), guarantees and compensation under liquidation, downsizing or staff. These guarantees are provided in the Agreement of the CIS from 4/15/94, the cooperation in the field of labor migration and social protection of migrant workers. The agreement also specified and installed additional guarantees and benefits. Thus, in the event of liquidation, downsizing or staff organizations, migrant workers to be returned to the country of departure the employer's expense.
In addition, in accordance with Federal Law "On Legal Status of Foreign Citizens in the Russian Federation" in the event of termination of the employer, foreign worker has the right to sign a new contract of employment with another employer for the period remaining before the expiry of a work permit. However, it is subject to the following mandatory conditions: prior to the expiration of the permit is not less than 3 months, the new employer has a permit to attract and use foreign workers. Seasonal workers, laid off to reduce the number or state employees, the allowance shall be paid at the rate of two-week average earnings (Art. 296 Labour Code). For certain categories of workers legislation establishes a long-term conservation of the average earnings for the period of employment
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