Important update of Russian immigration legislation: correction of a work permit and new rules for foreign employees, if their position should be changed

Federal Law 199-ФЗ has come into force on June 29, 2015, according to which the following changes have been made regarding the procedure for employing foreign citizens in the Russian Federation:

1. In the case that a foreign worker’s name or passport number has changed, the new law establishes his obligation to make the relevant changes to his work permit or patent, and also establishes an administrative fine in the case that he fails to fulfil this obligation.

  • This obligation applies to all types of work permits and patents, including those for highly qualified specialists (previously, this was envisaged only for patents);
  • The period for submitting an application is 7 working days from the date that the foreign worker’s name or passport number has been changed or from his date of entry into the Russian Federation in the case that the change occurred during his stay abroad;
  • The foreign worker must contact the government authority, which issued the work permit or patent. By implication of the law, the foreign worker himself must be the applicant and only he is liable in the case that he has applies late to have such amendments made or in the case that he fails to apply for this at all;
  • Liability implies an administrative fine in respect of the foreign worker in the amount of 4 to 5 thousand roubles (Administrative Offences Code of the Russian Federation, Article 18.10).

2. The new law establishes administrative liability on the part of both the employer and the employee in the case that the employee is factually performing work for any job position, other than that which is specified in his work permit or patent.

  • By implication of newly adopted law, the foreign worker himself must be the person who applies for a change in the position specified in the work permit or patent. He must approach the government authority that issued the relevant document;
  • If no particular position was not initially specified in the patent, the foreign citizen has the right to work in any position (the position indicated in any patents issues are granted only by the decision of the leadership of the subject of the Russian Federation, which issued the patent);
  • Administrative liability on the part of both the employee and the employer is equated with liability for engaging in labour activity without first obtaining a work permit or a patent (Administrative Offences Code of the Russian Federation, Articles 18.10 and 18.15);
  • We recall that an employee cannot be transferred to another job position until the time that a new work permit or patent, specifying the new position, has been issued.