QuestionsQuestions (POEA ADVISORY NO. 08, S. 2005)
The FMS stopped issuing work permits to foreign workers employed by representative and branch offices of foreign companies.
It essentially bars such companies from receiving work permits for their foreign staff, unless the company is registered as a Russian “legal entity.”
The advisory states that the change modifies the 2002 requirement that foreigners apply for work permits that last for one year.
It appears to be an attempt to stem the flow of illegal workers from former Soviet republics.
Expatriate employees of foreign businesses with local offices in Russia, specifically those whose employing entities are representative/branch offices not treated as “legal entities.”
Companies whose foreign workers lack work permits face fines ranging from 5,000 to 20,000 rubles per employee.
Employees can also be fined up to 5,000 rubles.
No. The advisory states that joint venture companies are not subject to the change in policy of the FMS.
Recruitment agencies sending Filipino workers to Russia, Philippine companies planning to set up branch offices in Russia, and Filipino workers themselves.
Whether the company is registered as a “legal entity” in Russia, since representative/branch offices not treated as such reportedly cannot receive work permits for foreign staff under the FMS policy.
Because the advisory indicates that the newer FMS policy modifies the prior scheme—thus, workers and employers cannot rely on the older one-year permit expectation without verifying current FMS implementation.
It increases risk that work permits may not be issued, leading to possible fines and possible disruption of employment or inability to lawfully work if the work permit requirement is not satisfied.
Recruitment agencies and Philippine companies. The advisory warns them because they organize or facilitate overseas deployments and foreign office setups; they must account for host-country permit restrictions.
Under the advisory, both the employer and the employee may be fined by Russian authorities (employer: 5,000–20,000 rubles per employee; employee: up to 5,000 rubles).