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Registration of Foreign Citizens on the Territory of the Russian Federation

Stricter penalties for employers hiring foreign citizens

05.09.2017

The Ministry of Internal Affairs of Russia has prepared a bill according to which it is planned to impose stricter penalties for employers hiring foreign citizens.

According to the bill, it is planned to establish penalties for hiring foreign citizens who are temporary residents or stateless persons who have not stated the purpose for their visit "work" upon entering Russia. For this offense, it is planned to impose fines  in the following amounts:

• for citizens - from 2 000 to 5 000 rubles.,
• for officials - from 25 000 to 50 000 rubles.,
• for legal entities - from 250,000 to 800,000 rubles or administrative suspension of activities for a period from  14 to 90 days.

In addition, it was proposed to introduce penalties for the employment of foreigners without entering into a labor or civil law contract with them. For the commission of this offense, it is proposed to introduce liability in the form of a fine in the following amounts:

• for citizens - up to 5 000 rubles.,
• for officials - up to 50 000 rubles.,
• for legal entities - up to 800 000 rubles. Or administrative suspension of activities for a period from 14 to 90 days.

In addition, for work without concluding an employment contract or a civil law contract, it is planned to hold foreign citizens themselves liable. For this offense, liability will be provided in the form of a fine in the amount from 2,000 to 5,000 rubles with the possibility of administrative expulsion from Russia.

It should be noted that this initiative concerns entrepreneurs who employ foreign citizens who are not required to obtain work permits in accordance with the Treaty of the Eurasian Economic Union.

Liability for the absence of an employment or civil-law contract between foreigners and employers is currently provided for only in the event of a violation of labor legislation, but not migration legislation. Also, the law does not provide for the possibility of monitoring compliance with the purpose of entry by foreign citizens and stateless persons who do not need a work permit or a patent.

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