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The tightening of liability for employers violating the rules of hiring and employing highly qualified specialists


In accordance with federal law № 508-FL the changes to the law "On the Legal Status of Foreign Citizens in the Russian Federation" are introduced, tightening the liability for employers for violating the conditions in the recruitment and employment of foreign employees as highly qualified specialists (HQS).

According to the new law, employers or work (service) commissioners may hire HQS if at the moment of submitting an application to hire HQS they don’t have unexecuted decisions carrying an administrative penalty for violating the terms of stay (residence) of foreign citizens in the Russian Federation or the rules of their employment on the territory of the Russian Federation.

Also at the time the application for recruiting HQS is filled, the decision to ban the hiring of foreign citizens to work in the Russian Federation as highly qualified specialists must not act with respect to the employer.

The law establishes the cases whereby employers are prohibited from recruiting and employing foreign nationals as highly qualified specialists for 2 years. Such cases include the following:

1) the employer hasn’t fulfilled the obligations assumed before a highly qualified specialist that were established in accordance with the stated federal law, or met the obligations arising from the terms of the employment contract concluded with a highly qualified specialist, or haven’t met the essential conditions of a civil contract for works (services) concluded with a highly qualified specialist;

2) the employer submitted forged or counterfeit documents to the federal executive authority in the field of migration or its authorized territorial body.

Upon the application from the employer, with respect to whom the ban on the recruitment of foreign nationals in the capacity of highly qualified specialists exists, for the renewal of a work permit or for the recruitment of HQS prior to the expiration of the ban, the FMS in writing notifies the employer of the date on which he will be able to apply the specified application or petition.

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