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.