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Editorial

Press releases and law firm thought leadership

This page is dedicated to keeping readers informed of the latest news and thought leadership articles from law firms across the globe.

If your firm wishes to publish press releases or articles, please contact Shehab Khurshid on +44 (0) 207 396 5689 or shehab.khurshid@legalease.co.uk

 

How the Ban on Borrowed Manpower Will Affect Businesses

Nadezhda Ilyushina Head of Employment Pensions & Benefits Practice, Goltsblat BLP

General information 

1 January 2016 will see the so-called Law “On Banning Borrowed Manpower” (the Law) come into effect, introducing substantial restrictions on hiring and using “leased personnel”. 

News for employers: changes in the procedure for engaging foreign national employees and determining

May 2014 - Employment. Legal Developments by Pepeliaev Group.

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According to the Moscow City Department of Labour and Employment, the following deadlines have been set for employers to file Applications:

  • before 1 July 2014, Applications are to be filed for the next year;
  • before 1 September 2014, Applications are to be filed for the current year.


The key feature of the Application filing procedure is that the authorized body needs to be provided with the originals of the certificates confirming that the employer is registered or accredited as a legal entity or a branch / representative office in accordance with Russian legislation.

Top Trends in HR Regulation

November 2013 - Employment. Legal Developments by Pepeliaev Group.

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The year 2013 has been marked by numerous developments in HR-related regulation and law-enforcement practice. Here we will deal only with the most significant.
Most HR professionals, especially those in production industry, have noted the sea change in the area of compensation for work in hazardous conditions. At the start of 2013 both the Russian Supreme Court and the Russian Constitutional Court confirmed that those working in hazardous conditions are entitled to all three types of recompense allowed under the law (a shortened working week of 36 hours, additional paid leave of 7 days and a 4% salary increase), if hazardous conditions are revealed when their workplaces are assessed in terms of the working conditions. In October the new draft law "On special assessment of workplaces in terms of working conditions" was put before the State Duma. The law provides a new special assessment regime which replaces the old assessment procedure. According to the draft law (which may undergo further changes during the legislative process) the minimum compensation for work in hazardous conditions will remain the same, while administrative liability will rise substantially for violations of health and safety requirements.

Top HR Trends: Regulation and Enforcement Practice

May 2013 - Employment. Legal Developments by Pepeliaev Group.

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During 2012 there were a number of changes in the sphere of HR from the employment law standpoint. Among the upheaval, some key trends became evident in HR-related regulation and law-enforcement practice.
First thing that we would note is the rising attention to detail among employers. In previous years companies devoted much time to massive restructuring and downsizing projects, meaning that they had little time for current issues. Now businesses are spending more time on bringing their internal policies and HR paperwork into line with the laws and best practice. In this way, they avoid problems with their employees rather than closing the stable door after the horse has bolted.

Julia Borozdna, Head of Employment and Migration Law Practice, Pepeliaev Group
Alexander Korkin, Senior Associate, PhD in Law, Pepeliaev Group

OUTSOURCING IN RUSSIA: ADVANTAGES AND RISKS

April 2013 - Employment. Legal Developments by Pepeliaev Group.

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The word outsourcing has become a staple of Russian business language, but is still not encountered in Russian law. Generally, outsourcing contrasts with the leasing of personnel in that outsourcing involves certain business processes being contracted out to an external service provider. Outsourcing is typically used to transfer processes that are vital for the company’s activity but are of an auxiliary nature to its core activities: for example, IT, HR processes and payroll.

One of the biggest advantages of outsourcing is the lower cost of operations and workforce: as the saying goes, a company can do what it does best and let someone else handle the rest. This may provide a serious competitive advantage, especially in an industry where outsourcing is not common.

Another advantage is that outsourcing is flexible. It helps to reduce the risks and potential liability connected with the extensive legal requirements in Russia. For example, Russian employment law is burdensome for an employer and offers little flexibility in terms of dismissing an employee.  When company uses an outsource provider, it does not have the obligations of an employer for the employees in question. 

Important amendments to migration legislation

February 2013 - Employment. Legal Developments by Pepeliaev Group.

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Pepeliaev Group informs you of important amendments to migration legislation

  • Foreign citizens temporarily residing in Russia will need no work permits
  • Employees of foreign companies that make investments will be able to obtain business visas for five years
  • The procedure for hiring highly qualified specialists (HQS) has been amended
  • A definition of the inviting party and its obligations have been introduced into legislation
  • The procedure for dactylographic registration and photographing of foreign citizens receiving a Russian work permit or a patent has come into force

Job offer Letters: How to Exclude Employers’ Risks

February 2013 - Employment. Legal Developments by Pepeliaev Group.

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Job offer letters are a relatively new development in Russian practice, and there is no mention of the concept in Russian labor law. This useful instrument is one of those things that has been commonplace internationally for decades, without impinging on the consciousness of Russian companies or employees. Until recently, they were only used by representative offices of foreign companies and companies with foreign investment, or when foreign nationals were hired. Nonetheless, over the past decade, they have become a standard tool in Russia, and are especially popular when employers are competing to hire top and mid-level managers or rare specialists.

WORK PERMIT UNDER THE NEW RULES

January 2013 - Employment. Legal Developments by Pepeliaev Group.

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Pepeliaev Group reports that amendments have been made to the requirements for obtaining a work permit by foreign employees who arrive under a visa-free regime in the Russian Federation and intend to work in the sphere of housing and utilities, retail trade or public amenities.

Pursuant to the amendments made to Federal Law No. 115-FZ On the Legal Status of Foreign Citizens in the Russian Federation dated 25 July 2002, which were enacted on 1 December 2012, in order to be authorised to work in the sphere of housing and utilities, retail trade or public amenities, a foreign citizen who arrived visa free in Russia must have at least a basic command of Russian. 

New requirements for protecting personal data

November 2012 - Employment. Legal Developments by Pepeliaev Group.

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The Government has approved the new requirements for protecting personal data when it is processed in personal data information systems

The new requirements for personal data protection were approved by the Russian Government's Resolution No. 1119 dated 1 November 2012 (the "Resolution"), which was published on 7 November 2012 in official journal Rossiiskaya Gazeta (http://www.rg.ru/2012/11/07/pers-dannye-dok.html).

The Russian Labour Ministry's proposal regarding the Federal Sector Agreement for Agriculture

November 2012 - Employment. Legal Developments by Pepeliaev Group.

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The Labour Ministry has proposed that employers sign up to the Federal Sector Agreement for Agriculture in the Russian Federation in 2012-2014

The proposal is contained in Letter No. 14-0/10/2-2202 of the Russian Ministry of Labour and Social Protection (the “Labour Ministry”) dated 8 October 2012, published on 12 October 2012 in official government publication Rossiiskaya Gazeta.

Hidden Pitfalls in Hiring Highly Qualified Foreign Specialists

September 2012 - Employment. Legal Developments by Pepeliaev Group.

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This article highlights some practical issues connected with hiring highly qualified foreign specialists in Russia.

Far North and equivalent employers to compensate employees for vacation travel expenses

Legal Update No. 338

Goltsblat BLP advises of the publication of Resolution of the Constitutional Court of the Russian Federation of 9 February 2012 No. 2-P on a case of checking the constitutionality of a provision of part eight, article 325 of the Labour Code of the Russian Federation in connection with a complaint submitted by Ms I.G. Trunova (the Resolution).

Russian Employment Law Issues

April 2012 - Employment. Legal Developments by Pepeliaev Group.

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It comes as a surprise to many people that non-Russian nationals working in Russia even for a short period of time cannot escape the clutches of Russian employment law rules.

The 2012 list of quota-free professions/positions for foreign citizens now approved

Law firm Goltsblat BLP informs that Order of the Ministry for Health and Social Development of the Russian Federation dated 27 December 2011 №1653н was adopted (hereinafter the “Order”), which approves the List of professions (specialties, positions) for which an entity can employ foreign nationals in 2012 without mandatory prior quota allocation. The Order comes into force on 19 February 2012.

Start of the social elections procedure on day X-60

On day X-60 at the latest (i.e. between 9 and the 22 December), employers must begin the social elections procedure by communicating a range of information. 

New rules on medical certificates for obtaining work permits

October 2011 - Employment. Legal Developments by Baker & McKenzie.

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As of July 1, 2011 the Department of the Federal Migration Service for the city of Moscow (the "UFMS for Moscow") will only accept HIV-test certificates issued by Russian state medical and prophylactic organizations [1]. According to the UFMS for Moscow, these new rules are based on a resolution of the Chief Sanitary Doctor of the Russian Federation [2]. The rules will apply to all foreign nationals who need a medical check to obtain work permits.

Labour protection: New rule for assessing individual workplaces and increase of liability

October 2011 - Employment. Legal Developments by Pepeliaev Group.

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Pepeliaev Group advises that a number of laws and regulations have been adopted that amend labour protection rules. In particular, a new procedure for assessing individual workplaces for compliance with labour safety rules has been adopted and a draft law on increasing the criminal and administrative liability for violating the labour protection requirements has been introduced.

NEW VERSION OF THE LAW 'ON PERSONAL DATA' PROTECTS THE RIGHTS OF PERSONAL DATA OPERATORS

September 2011 - Employment. Legal Developments by Pepeliaev Group.

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Pepeliaev Group advises that the Russian State Duma has passed in its third reading draft law No. 282499-5 On amending the Federal Law 'On personal data'. The legislative body is proposing a fundamentally new, more user-friendly text of the law, which will clarify and simplify many provisions of the current legislation concerning personal data (“PD”).

 

 

On migration records for foreign citizens and stateless persons in the Russian Federation

June 2011 - Employment. Legal Developments by Pepeliaev Group.

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Federal Law No. 385-FZ “On amending certain laws of the Russian Federation” entered into force on 15 February 2011. The law introduced amendments to the procedure for the registration of foreign citizens for migration purposes. We also noted that the State Duma was considering a draft law that would restore some of the previous procedures of migration registration, albeit modified to some extent.

Employment Disputes in Russia - Litigation and Mediation

November 2010 - Employment. Legal Developments by Pepeliaev Group.

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Employment Disputes and Court Practice    .    Termination Cases - Pitfalls and Preventive Measures    .    New Tool - Mediation

2010 quota for foreign workers distributed. List of quota-exempt professions for 2010 approved.

January 2010 - Employment. Legal Developments by Baker & McKenzie.

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In accordance with the order distributing the 2010 quota of work permits, a fixed number of work permits can be issued in each Russian region to work in different professions. Thus, for example, for Moscow the general quota for all professions is established at 250,000 work permits (which is considerably less than in 2009), and for St. Petersburg – 210,066 work permits.

List of quota-exempt professions for foreigners for 2009 established in Russia

May 2009 - Employment. Legal Developments by Baker & McKenzie.

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According to the order of the Russian Ministry of Public Health and Social Development dated March 24, 2009, the quotas do not apply to such professions as: general director of a joint stock company (association, enterprise), director of a plant (factory, enterprise, firm, representative office), data protection engineer, engineer on automatization and mechanization of production, etc.

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