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Employers are not required to report changes in the terms of employment contracts with foreigners

An employer is not required to notify the Ministry of Internal Affairs of a change in the terms of an employment contract with a foreign employee. This conclusion was reached by the Constitutional Court of the Russian Federation in a decision of 04.02.2020 No. 7P / 2020.

The judges explained that article 13 of the law on the legal status of foreigners in Russia (July 25, 2002 No. 115-ФЗ) obliges an employer using the labor of a foreign worker to notify the territorial body of the Ministry of Internal Affairs in the subject of the Russian Federation about the conclusion and termination of an employment contract with a foreigner. Such notice shall be submitted within three business days from the date of conclusion or termination of the employment contract.

At the same time, these norms, in their literal sense, impose on the employer the obligation to report only on the facts of the conclusion and termination (termination) of the labor contract with a foreign citizen. The law does not oblige the employer attracting a foreign worker to notify the Ministry of Internal Affairs of any changes in the terms of an employment contract concluded with a foreign citizen. In particular, the employer should not report on the assignment to such an employee of other paid work from the same employer, as well as on a change in the address at which the labor activity is carried out.