The Permitted Share of Foreign Employees in Retail Sales and the Field of Sport
The permitted share of foreign workers is set by the Government of the Russian Federation annually. In determining the proportion observed most importantly is the priority of employment given to citizens of the Russian Federation, but also takes into account regional characteristics and the need of employers to attract foreign workers. Also it must be taken into account the chosen type of economic activity of business entity. This is because the allowable percentage of foreign workers is determined depending on certain economic activities according to the Russian Classification of Economic Activities (RCEA)
In April 2012 the order of the Ministry of Public Health from February 1, 2012 N 71n was registered in the Russian Ministry of Justice “On the approval of clarification on the application of Decree of the Government of the Russian Federation from December 22, 2011 N 1086 “On establishing for 2012 the allowable percentage of foreign workers employed by business entities engaged within the retail trade sector and in the field of sport in the Russian Federation””.
In this Order the Ministry of Health and Social Development has given an explanation to the Resolution of the Government of the Russian Federation from December 22, 2011 N 1086, which establishes for 2012 the allowable proportion of foreign workers employed by organizations in the retail trade in the Russian Federation. According to this explanation, a government decree applies to all foreign workers in the territory of the Russian Federation. Separation of foreign workers (i.e. Highly-Qualified Specialists) on which the action of this Order does not apply, it is not legitimate.
With the issuance of this Order, employers are required to bring the total number of employees who are foreign citizens or stateless persons in accordance with the following requirements:
- retail sale of alcoholic beverages, including beer (code RCEA 52.25.1) - 0 percent of the total number of employees;
- retail sale of pharmaceutical goods (code RCEA 52.31) - 0 percent of the total number of employees;
- retail sale in stalls and in markets (code RCEA52.62) - 0 percent of the total number of employees:
- other retail sales not conducted in shops (code RCEA 52.63) - 0 percent of the total number of employees;
- Other activity in the field of sport (code RCEA 92.62) - 25 percent of the total amount of employees.
The clarification emphasizes that for foreign citizens who are temporarily or permanently residing in the Russian Federation, the effect of order N 1086 does not apply because a foreign worker is defined as a foreign citizen who is temporarily staying in the Russian Federation and performing in the prescribed manner gainful employment.
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