Working in Moscow

Over the past few decades, the world labor market has been seeing a global rotation of human resources. The reasons behind this process vary tremendously, and include, among other things, the convergence of educational systems, higher mobility of specialists, separation of operating processes and their integration with the economies of different nations in the world. It is only natural for the workforce to move to countries with economies enjoying steady growth, where new jobs are being created, the level of pay is attractive, and there is demand for specialists of different fields and levels of qualification.

Moscow’s active social and economic development is causing an inflow of workforce from countries in the CIS and beyond. The mandatory condition of employment for this category of workers is to have registration and a work permit, both of which are issued by offices and departments of the Federal Migration Service Directorate.

Foreign citizens’ stay and employment is subject to Federal Law No. 115-FZ of 25 July 2002 On the legal status of foreign citizens in the Russian Federation (as amended on 28 June 2009).

The key notions, used in migration legislation, which are essential for foreign citizens arriving in Russia for employment purposes, are as follows:

A foreign citizen is an individual with a citizenship other than that of the Russian Federation, having proof of citizenship (allegiance) in a foreign country.

An invitation to enter the Russian Federation is a document serving as the basis for issuing a visa to a foreign citizen.

A visa is a permit issued by a diplomatic mission or consular establishment of the Russian Federation to enter the Russian Federation with a valid identity document of a foreign citizen.

A migration card is a document which contains information on a foreign citizen who is about to enter or has entered the Russian Federation on conditions of the visa-free regime, and his/her period of temporary stay in the Russian Federation.

A temporary foreign visitor is an individual arriving to the Russian Federation on the basis of a visa (if traveling as part of the visa-free regime, an individual that has received a migration card), but without a permanent residence or temporary stay permit.

A foreign citizen’s employment is a foreign citizen’s work in the Russian Federation under an employment or a civil-law work (service) contract.

A foreign worker is a foreign citizen arriving to theRussian Federation for a temporary stay and performing labor activities subject to applicable regulations.

A work permit is a document (plastic card) certifying a foreign worker’s right to perform temporary labor activities on the territory of the Russian Federation. The card is issued for a period of up to 12 months and specifies a migrant’s details: full name, date of birth, passport details, occupation.

Deportation means the expulsion of a foreign citizen from the Russian Federation in the event of the loss or termination of the legal basis for his/her continued stay in the country.

Foreign citizens’migration registration involves recording and summarizing data on foreign citizens and their relocations.

Moscow’s migration registration bodies are the Federal Migration Service of Russia and the Federal Migration Service’s Moscow Directorate.

The place of stay of a foreign citizen is a housing facility, which is not a place of permanent residence, as well as any other facility, institution, or organization with which the foreign citizen is placed, and/or whose address the foreign resident must use to register with the authorities.

A foreign citizen’s registration at a place of stay is the registration of data on the foreign citizen’s place of stay with the Federal Migration Service’s Moscow Directorate in accordance with applicable procedures.

The host party may be a Russian citizen, a foreign citizen having permanent residence in the Russian Federation or a legal entity.

Labor migration: scopes and trends

Moscow receives nearly one fourth of job hunters arriving in Russia. The Russian capital has the highest economic and social appeal to foreigners, especially to those from the CIS countries. Thus in 2009, the migrant addition to Moscow population was 31,368 people. The peak of external labor migration fell mainly on 2007 and partly on 2008. The average total share of foreign manpower in 2007 and 2008 was 7.5% and 10.7% of the overall employed population, respectively.

As the crisis broke out, however, priority was given to employment of Muscovites and foreign labor quotas allocated to Moscow were dramatically reduced in 2009 (392,157 people). The 2010 quota is 200,000 people.

Decreasing the scope of illegal or uncontrolled migration is an objective of special importance. In general, the Moscow Government managed to achieve real progress in this area. For example, while in 2008 70% of foreign nationals worked illegally in Moscow and 36% of visa free foreign nationals, who obtained work permits in Moscow in 2008, were not employed or worked without an employment contract, this year the ratio between permits issued and notices received has already reached 86%. Therefore the level of migrants who work without formal labor relations decreased to 14% of the total number of visa free foreign nationals who had obtained work permits.

A draft Federal Law “On making alterations to individual enactments of the Russian Federation, connected with improvement of the foreign employment control mechanism” was elaborated to streamline labor migration and improve federal migration laws and as an anti-crisis measure. The draft law has passed a legal review and the Independent Election Institute has given its opinion on the draft.

The Moscow Government believes it appropriate to issue to a foreign worker a permit of work for a specific employer, according to the quota allocated, as distinct to what is happening today. An employer may not hire migrant workers unless he provides normal work and living conditions for them: a suitable hostel, transparent pays and labor relations, social and medical services. The proposed measures will help protect migrants’ rights and serve the interests of local population.

Oleg Neterebsky, Director of the Department of Labor and Employment of Moscow Population, believes Moscow does need manpower but within due limits. The authorities are interested in migrants’ wage and social protection level being not inferior to that of Russians and Muscovites.

Source: Moscow Labor and Employment Department web-site

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Working in Moscow

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