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Amending The Labour Code Of The Russian Federation And Article 13 Of The Federal Law On Legal Status Of Foreign Citizens In The Russian Federation "developments Related To The Features Of The Regulation Of The Employment Of Employees Who Are Foreign Na...

Original Language Title: О внесении в Трудовой кодекс Российской Федерации и статью 13 Федерального закона "О правовом положении иностранных граждан в Российской Федерации" изменений, связанных с особенностями регулирования труда работников, являющихся иностранными гражданами...

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RUSSIAN FEDERATION FEDERAL LAW OF THE RUSSIAN FEDERATION and Article 13 of the Federal Law on the Legal Status of Foreign Citizens in the Russian Federation Federation of " changes, related to the characteristics of labor regulation of employees who are foreign citizens or stateless persons adopted by the State Duma on November 21, 2014 Federation Council, 26 November 2014 Article 1 Russian Federation's Labour Code, 2002, No. 1, Art. 3; 2004, N 35, sect. 3607; 2006, N 27, sect. 2878; 2007, N 1, est. 34; N 30, est. 3808; N 49, sect. 6070; 2008, N 9, st. 812; N 30, sect. 3616; N 52, sect. 6236; 2009, N 30, sect. 3739; N 46, st. 5419; 2010, N 52, sect. 7002; 2011, N 1, st. 49; N 25, est. 3539; N 49, sect. 7031; 2012, N 10, sect. 1164; N 14, est. 1553; N 31, st. 4325; N 47, st. 6399; N 50, st. 6954, 6959; N 53, est. 7605; 2013, N 14, est. 1666, 1668; N 19, est. 2329; N 23, st. 2866, 2883; N 27, est. 3454, 3477; N 30, est. 4037; N 48, sect. 6165; N 52, sect. 6986; 2014, N 14, est. 1542, 1547, 1548; N 19, st. 2321; N 23, st. 2930; N 30, est. 4217), the following changes: 1) in the third article 3 of the words "in accordance with the law on the legal status of foreign nationals in the Russian Federation", replace by the words " the present Code or in the cases and in the manner in which they provided for, "; 2) in article 11, paragraph 5, of the Act, replace the words" by the present Code, other federal laws "; (3) in the third article of article 20, the words" federal law "shall be replaced by the words" Code, other federal laws "; 4) in Part One In the first part of article 65, in the first part of article 65, in the first part of article 65, the word "If" is not otherwise established by this Code, other federal laws, at "; 6) paragraph 12 of Part One and Part Three of Article 83 is null and void; 7) to supplement Chapter 50-1 as follows: " Chapter 50-1. { { see also } { \b } { \b } { \b } { \b } { \b } { \b } { \b } General provisions Employment relations between an employee who is a foreign national or a stateless person and an employer is subject to the rules laid down by labour laws and other regulations With the exception of cases in which, in accordance with federal laws or international treaties of the Russian Federation, labour relations with employees who are foreign nationals or stateless persons are regulated Foreign law. " The special features of the regulation of the work of employees who are foreign nationals or stateless persons, if, in accordance with article 252 of this Code, such particularities may be established exclusively by this Code, and also the manner in which other acts containing the rules of labour law have been established are governed by this chapter. Unless otherwise provided by federal laws, foreign nationals and stateless persons have the right to enter into employment as workers upon reaching the age of eighteen years. A labor contract between a foreign citizen or a stateless person and an employer cannot be concluded if the employer is not entitled under federal or international treaties to which the Russian Federation is a party. To recruit workers who are foreign nationals or stateless persons to work. A fixed-term employment contract between an employee who is a foreign national or a stateless person and an employer is entered into an employment contract for an indefinite period of time, and in the cases provided for in article 59 of this Code. Article 327-2. The peculiarity of concluding an employment contract with an foreign citizen or stateless In addition to the information provided for in article 57, paragraph 1, of this Code, in the labour market A contract with an employee who is a foreign national or a stateless person shall specify: work permit or patent, issued in accordance with the law on the legal status of foreign citizens in the Russian Federation. Federation (hereinafter referred to as a work permit or a patent), except OF THE PRESIDENT OF THE RUSSIAN FEDERATION Temporary residence permit in the Russian Federation issued in accordance with the law on the legal status of foreign nationals in the Russian Federation (hereinafter referred to as the temporary residence permit), except in cases OF THE PRESIDENT OF THE RUSSIAN FEDERATION The conclusion of a contract of employment with a foreign national or stateless person residing in the Russian Federation; a residence permit issued in accordance with the law on the legal status of foreign nationals in OF THE PRESIDENT OF THE RUSSIAN FEDERATION A foreign national or a stateless person. In addition to the conditions provided for in article 57, paragraph 2, of this Code, mandatory for inclusion in an employment contract with an employee who is temporarily staying in the Russian Federation a foreign national or a person without OF THE PRESIDENT OF THE RUSSIAN FEDERATION The number of voluntary medical contract details (policies) The employer or the employer with the medical organization of the contract for the provision of paid medical services to such worker. A contract (policy) of a voluntary medical insurance or an employer with a medical organization to provide paid medical services to an employee who is a foreign national or stateless person must To ensure that such an employee is provided with primary health care and specialized medical care in an emergency form. Article 327-3. Documents issued by a foreign national or by a stateless person in employment In addition to the documents referred to in article 65 of this Code, when entering into employment contracts A foreign national or stateless person presents to the employer: contract (policy) of voluntary medical insurance, valid on the territory of the Russian Federation, except if the employer enters into Medical organization contract for the provision of fee-for-service health services An employee who is a foreign national or stateless person and the cases established by federal or international treaties of the Russian Federation-when concluding an employment contract with temporarily staying in the Russian Federation The Federation is a foreign national or stateless person. A contract (policy) of a voluntary medical insurance or an employer with a medical organization to provide paid medical services to an employee who is a foreign national or stateless person must Provide such an employee with primary health care and specialized medical care in an emergency form; work permit or patent, except in cases prescribed by federal law; or of the Russian Federation with temporarily staying in the Russian Federation a foreign national or stateless person; Temporary residence permit in the Russian Federation, except in cases prescribed by federal law or international law OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION The conclusion of an employment contract with a foreign national or stateless person residing permanently in the Russian Federation. A work permit may be granted by a foreign national or a stateless person to the employer after they have concluded a contract of employment, provided that the prisoner has entered into an employment contract in accordance with this Code is required to obtain a work permit. In this case, the employment contract shall enter into force not earlier than the day of receipt by a foreign national or a stateless person of the work permit, and the work permit shall be entered into the employment contract in the manner prescribed by article 57, part three. of this Code. If the employment contract is concluded, the foreign national or stateless person shall not present the documents to the employer to the employer, except in cases prescribed by federal law or international law. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 327-4. Temporary transfer of an employee, being a foreign national or a person without citizenship In cases covered by Parts Two and Three of Article 72-2 of this Code, temporary transfer A worker who is a foreign citizen or a stateless person for up to one month for an unemployable employment of the same employer is permitted without taking into account his or her occupation (speciality, job, type of work), specified in the work permit or patent on the basis of which The worker is employed in the labour market and not more than once in a calendar year. If, at the end of the temporary transfer referred to in part one of this article, an employee who is a foreign national or stateless person, the former employment cannot be granted, the employment contract ends with in accordance with paragraph 10 of part one of article 327-6 of this Code. If performance by an employee who is a foreign citizen or a stateless person due to an employment contract is not possible due to the extraordinary circumstances referred to in part two of article 72-2 of this Code, and temporary transfer for a period of up to one month for a non-employable work from the same employer is not possible because of the need for this temporary transfer within one calendar year, the employment contract with such an employee is terminated in accordance with paragraph 11 of Part One Articles 327 to 6 of this Code. Article 3275. In addition to the cases specified in article 76 of this Code, the employer is obliged to suspend the worker (not to be allowed to work) an employee who is a foreign national or stateless person in the case of: suspension, expiry of authorization to attract and use foreign workers, except Cases established by federal or international law OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION of the Russian Federation Voluntary health insurance or termination by an employer with a medical organization of a contract for the provision of fee-for-service health services to an employee who is a foreign national or stateless person who shall ensure that such an employee is provided with primary health care and specialized medical assistance in an urgent manner, except in cases prescribed by federal laws or international treaties of the Russian Federation, THE RUSSIAN FEDERATION A citizen or a stateless person. Article 327-6. The specifics of termination of the employment contract with employee who is a foreign citizen or stateless In addition to the grounds provided for in this Code, the termination of employment A contract with an employee who is a foreign national or stateless person is: 1) suspension, termination, revocation of permission to attract and use foreign workers, for the exception of cases established by federal laws or OF THE PRESIDENT OF THE RUSSIAN FEDERATION established by federal or international treaties of the Russian Federation-for temporary foreign nationals or stateless persons in the Russian Federation; 3. OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION The termination of the work permit or patent, except in the case of OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION nationality; 7) termination of the residence permit in the OF THE PRESIDENT OF THE RUSSIAN FEDERATION " (8) the termination of the contract of voluntary medical insurance in the territory of the Russian Federation or the termination of the employer's action with the medical organization of the contract for the provision of fee-paying medical care. Services to an employee who is a foreign citizen or a person without of the Convention on the Rights of the Child on the Rights of the Child) OF THE PRESIDENT OF THE RUSSIAN FEDERATION of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION The duration of the temporary transfer in accordance with part two of article 327-4 of this Code; 11) the impossibility of the temporary transfer of the employee in accordance with part three of article 327-4 of this Code. The employment contract shall be terminated on the grounds provided for in paragraphs 5 to 8 of part one of this article, after one month from the date of the occurrence of the relevant circumstances. Under the terms of paragraph 9 of part one of this article, the employment contract shall be terminated not later than the end of the period prescribed by the relevant federal laws, decrees of the President of the Russian Federation, OF THE PRESIDENT OF THE RUSSIAN FEDERATION A worker who is a foreign national or a stateless person must be warned in writing of the termination of the employment contract on the grounds stipulated in paragraphs 10 and 11 of Part One of this article. The employer shall not be less than three calendar days before dismissal. Article 327-7. The peculiarity of the payment of the termination indemnity to an employee who is a foreign citizen or a person without citizenship In addition to the cases provided for in article 178, part 3, of this Code, termination indemnity The amount of two weeks ' average earnings is paid to an employee who is a foreign national or stateless person at the termination of an employment contract in connection with the suspension or revocation of a permit to attract and the use of foreign workers on the basis of which employee has been granted work permits. ". Article 2 Article 13 of the Federal Law of 25 July 2002 N 115-FZ OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3032; 2006, N 30, sect. 3286; 2007, N 2, st. 361; N 49, sect. 6071; 2008, N 30, est. 3616; 2009, N 19, sect. 2283; 2010, N 21, sect. 2524; N 40, st. 4969; N 52, sect. 7000; 2011, N 13, est. 1689; N 17, sect. 2321; 2012, N 53, sect. 7645; 2013, N 23, sect. 2866; N 27, est. 3477; N 30, est. 4036, 4037, 4081; N 52, st. 6955; 2014, No. 19, sect. 2311, 2332), the following changes: 1) to add the words "(except as provided by this Federal Law and other federal laws)"; 2) to add the following: " 10. The foreign worker must have a contract (policy) of voluntary medical insurance in force in the territory of the Russian Federation or have the right to receive medical assistance on the basis of a prisoner. Employer or employer of works (services) with a medical organization of a contract for the provision of paid medical services to a foreign worker. A contract (policy) of voluntary medical insurance either by the employer or the employer of the works (services) with a medical organization to provide the foreign worker with paid medical services shall provide for the provision of a foreign worker of primary health care and specialized medical assistance in urgent form. ". Article 3 Article 25 of the Federal Law N 271-FZ" O OF THE PRESIDENT OF THE RUSSIAN FEDERATION (34) To recognize no force. President of the Russian Federation Vladimir Putin Moscow, Kremlin 1 December 2014 N 409-FZ