Title
Russia halts work permits for foreign firm staff
Law
Poea Advisory No. 08, S. 2005
Decision Date
May 6, 2005
The Federal Migration Service of Russia has halted the issuance of work permits to foreign workers employed by unregistered multinational and foreign companies, impacting expatriate employees and recruitment plans for Filipino workers.
A

Issuing authority and effect

  • The advisory is issued by the POEA Administrator.
  • The advisory functions as a guidance notice regarding a foreign government policy affecting Philippine overseas workers and Philippine interests abroad.

Policy change reported: Russian Federation

  • The advisory reports that the Federal Migration Service (FMS) of the Russian Federation stopped issuing work permits to foreign workers employed by representative and branch offices of foreign companies.
  • The reported policy bars multinational and foreign companies that are not registered as “legal entities” from receiving work permits for their foreign staff.
  • The advisory states that the policy change modifies the 2002 Law on Foreign Workers, which requires foreigners to apply for permits that last for one year.
  • The advisory characterizes the measure as an attempt to stem the flow of illegal workers from former Soviet Republics.

Coverage: who is affected

  • The advisory indicates the change is expected to affect expatriate employees of foreign businesses that have local offices in Russia.
  • The advisory states that joint venture companies are not subject to the reported change in the FMS policy.

Practical consequences and fines

  • The advisory provides that companies whose foreign workers lack work permits face administrative fines of 5,000 to 20,000 rubles per employee.
  • The advisory provides that the employee may also be fined up to 5,000 rubles.

Recruitment and deployment guidance

  • The advisory directs recruitment agencies sending Filipino workers to Russia to take note of the reported policy change in their plans.
  • The advisory directs Philippine companies with plans to set-up branch offices in Russia to take note of the reported policy change in their plans.
  • The advisory directs Filipino workers to take note of the reported policy change in their plans to enter Russia.

Parties and compliance focus

  • The advisory centers on whether employers’ Russia-based offices and their foreign staff can obtain work permits.
  • The advisory links compliance with permit issuance to the employer’s status as a registered “legal entity” and the presence of work permits for foreign workers.
  • The advisory emphasizes that lack of work permits triggers the stated fines affecting both employers and affected employees.

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