On February 04, 2020, the Russian Constitutional Court recognized1 clause 2 of article 67 of the Russian Labour Code (employer’s obligation to issue an employment contract within 3 business days from the date of the employee’s actual work authorization or the date of the court’s recognition of civil relations as labor ones) and paragraph 1 of clause 8 of article 13 of the Federal law No. 115-FZ “On the legal status of foreign citizens in the Russian Federation” (obligation of an employer or customer to notify regarding the conclusion or termination (cancellation) of the labor or civil contract with a foreign citizen within 3 business days from the date of concluding or termination (cancellation) of the relevant contract) as constitutionally acceptable.
The basis for the Russian Constitutional Court review of these provisions was the misuse of the law by courts, which resulted in holding an employer administratively liable according to clause 3 of article 18.15 of the Russian Administrative Code (failure to notify or violation of the established order and (or) notification form of the territorial body of the federal executive authority exercising federal state control (supervision) in the migration sphere, on concluding or termination (cancellation) of a labor contract with a foreign citizen within 3 business days from the date of conclusion, termination (termination) of the contract) upon failure to notify of changes in the terms of the employment contract with a foreign citizen. At the same time, liability for legal entities under clause 3 of article 18.15 of the Russian Administrative Code is established in the form of an administrative fine in an amount from 400,000 to 800,000 rubles or administrative suspension of activity for a period of 14 to 90 days.
The Constitutional Court explained that these provisions cannot be interpreted as implying that the employer is obliged to notify state bodies of the following:
- each fact of assignment to a foreign employee of work that is not provided for in his employment contract and differs from the one indicated in the previously sent notification of its conclusion; and
- changes to the address specified in the employment contract as the address of work performance.
In the above cases, there is only a change in the terms of the employment contract concluded with a foreign citizen, which is allowed under the Labor Code, while a separate (new) employment contract between the employer and the employee is not concluded.
At the same time, paragraph 1 of clause 8 of article 13 of Federal law No. 115-FZ «On the legal status of foreign citizens in the Russian Federation» does not establish the obligation of the employer to notify of changes in the employment or civil law contract concluded with a foreign citizen. Thus, in the event of failure to notify of a change in the terms of an employment or civil contract concluded with a foreign citizen an employer or customer cannot be held administratively liable under clause 3 of art. 18.15 of the Russian Administrative Code.
1Resolution of the Russian Constitutional Court No. 7-П of 04.02.2020