On October 1, 2014, Rossiyskaya Gazeta published Decree of the Federal Migration Service #489 from August 18, 2014, introducing changes to the existing regulation on forms and procedures for notifying FMS of labor activity conducted by foreign citizens in Russia.
The Decree introduces changes to the following application forms in relation to activity of Highly Qualified Specialists:
- Notification of fulfilment of employer’s obligation to pay salary/compensation to a foreign citizen employed as an HQS;
- Notification of granting an HQS a leave without pay for longer than one calendar month per year;
- Notification of termination of an employment agreement or a civil contract with a foreign citizen employed as an HQS.
In the field ‘Status of employer or customer ordering services’ the words “Branch of a foreign entity legally accredited in Russia” have been replaced with “Branch, representative office of a foreign entity legally accredited in Russia.”
The law came into force on October 12, 2014.
Therefore, employers who submitted their abovementioned notifications after October 12, 2014 using the old forms are advised to repeat the actions with the new forms.
According to Federal Law #207-ФЗ from July 23, 2014, “On Introduction of Changes to Certain Legislative Acts for Purposes of Improvement of Migration Legislation and Liability for Its Violation,” failure or error in procedures regarding notifying FMS of compensation paid to HQS, granting HQS a leave without pay for longer than one calendar month per year, untimely notification of HQS’ registration with tax authorities lead to following administrative penalties/fines:
- for company officials – from 35,000 to 70,000 rubles;
- for legal entities – from 400,000 to 1,000,000 rubles.
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