The legal consequences for violating the conditions and procedures to attract and use foreign labor
Failure to comply with immigration laws a foreigner coming to work in Russia, may lead to adverse consequences for the employee.
The presence of well-formed legal immigration documents is essential to legal protection of migrant workers.
Foreign workers arriving for employment (admission to any form of execution of works or rendering services or otherwise use the work of a foreign citizen or stateless persons) in the Russian Federation, should be aware of the negative legal consequences that may result from breach of the terms and order to attract and use foreign labor, forced labor and committing other illegal acts of irregular migration. Legal liability - administrative and criminal - are as employers and foreign workers.
In accordance with Art. 25.10 of the Federal Law of 18 July 1996 "On procedure of exit from and entry to the Russian Federation to the Russian Federation," a foreign citizen or stateless person who entered the territory of the Russian Federation in violation of the rules or do not have documents confirming their right to stay (reside) in the Russian Federation, or lost such documents and not submitting a statement to the territorial agency of the federal executive body authorized to exercise the functions of control and supervision in the field of migration, or deviating from the exit of the Russian Federation upon expiry of the period of stay (residence) in Russian Federation, as well as violated the rules of transit through the territory of the Russian Federation, are illegally staying in the Russian Federation and shall be liable in accordance with the laws of the Russian Federation.
According to Art. 18.8 of the Code of Administrative Offences of the Russian Federation (in the red. FZ of 05.11.2006 № 189-FZ - then the Administrative Code) violation of a foreign national or a stateless person, the rules of entry to the Russian Federation or the mode of stay (residence) in the Russian Federation, expressed in violation of the rules of entry to the Russian Federation, in violation of rules of migration registration, travel or residence order, transit through the territory of the Russian Federation, in the absence of documents confirming the right to stay (reside) in the Russian Federation, or in case of loss of such documents and a failure to statements about their loss to the relevant authority, or non-compliance with obligations under the notice of confirmation of their residence in the Russian Federation in cases stipulated by federal law, as well as in avoiding leaving the Russian Federation, after a certain period of stay is punishable by an administrative fine in ranging from 20 to 50 times the minimum wage by an administrative deportation from the Russian Federation or not.
Violation of a foreign citizen or stateless rules of entry to the Russian Federation or the mode of stay (residence) in the Russian Federation, expressed in non-compliance stated goal of entering the Russian Federation actually performed during the stay (residence) in the Russian Federation, activity or occupation, punishable by an administrative a fine of 20 to 50 times the minimum wage by an administrative deportation from the Russian Federation or not.
Further, in Art. 18.10 of the Administrative Code provides that the exercise of a foreign citizen or stateless person work in Russia without a work permit, if such approval is required under federal law, punishable by an administrative fine of 20 to 50 times the minimum wage with administrative expulsion from the Russian Federation or not.
Failure to comply with a foreign citizen or stateless person established in accordance with federal law on foreign nationals and stateless persons in restrictions on the exercise of certain types of activities punishable by an administrative fine of 20 to 50 times the minimum wage by an administrative deportation from the Russian Federation or without such.
In the Russian Federation provides for criminal responsibility for the organization of illegal migration. In accordance with Art. 322.1 of the Penal Code (hereinafter - the Criminal Code) organization of an illegal entry into the Russian Federation, foreign citizens or stateless persons, of their illegal stay in the Russian Federation or the illegal transit through the territory of the Russian Federation shall be punished by a fine of up to 200 thousand rubles or the salary or other income for the period to 18 months, or by compulsory works for a period of up to 180 hours, or correctional labor for a period of six months to one year, or by imprisonment for a term not exceeding two years. The same acts committed by an organized group to commit crimes on the territory of the Russian Federation, shall be punished by imprisonment for a term of two to five years with a fine of up to 500 thousand rubles or the salary or other income for the period up to three years without any such. This provision provides for criminal liability for those who facilitate illegal migration and organized, but not for the migrants themselves. In a separate Criminal Code establishes liability for the use of slave labor and human trafficking. This is enshrined in Articles 127.1 and 127.2 of the Criminal Code. Chapter III discusses in detail trafficking, as well as responsibility for this crime.
- How to enter Russia legally
- How to prolong the stay in Russia and expand their rights (the status of temporary residence)
- Responsibility for violation of the rules for entry, stay and work in Russia
- Useful tips for migrant workers
- Making your employment relationship with the migrant laborers in Russia
- Recruitment of labor migrants in Russia
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