The Norm of the number of foreigners attracted to work at the enterprise or in the organization is called the quota for attraction and use of foreign labor force, abbreviated – the IRS. The quota for foreign labour has a period of validity, established at the legislative level-1 year. In this case, it is only those citizens who require visa and work permits to enter Russia.
It is necessary to Take care of obtaining a quota for attracting foreign labor and legalization of labor of foreign specialists beforehand. Most employers who have encountered this procedure are advised to contact the competent authorities at least a few months before the end of the year in order to obtain the coveted permit for the following year. Of Course, you can try to get a quota in the current year during the work of corrective interdepartmental commissions, but it is very difficult to do it yourself.
The Approximate algorithm of obtaining a quota for attracting foreign labor force:
This procedure operates on the territory of Moscow and in some subjects of the RUSSIAN Federation:
- The Employer forms and submits a request for a quota to the Department of labor and social protection of population.
- After receiving applications from employers, the Department's specialists send a proposal to the Ministry of Labour on the subject of the RUSSIAN Federation.
- For each subject the Ministry of labour forms a separate order, which is sent to the Ministry of justice for registration.
- After the registration of the order in the Ministry of justice the text of the relevant document is published in the official publication.
And only after passing all these stages the interested person will receive the notification on receipt of the quota for foreign labour.
The Interdepartmental commission, formed by representatives of several state executive bodies, including IFNS, FSB, the Government of the region, Rospotrebnadzor and other agencies, deals with the Direct distribution of quotas. The Full composition of the Commission is formed on the basis of the decision of the relevant RUSSIAN entity.
In Order to make an objective decision on the issue of quotas, the Interdepartmental Commission takes into account several factors:
- The Opportunity to work on the declared vacancies of Russian specialists, including from the nearest regions.
- Legal reliability of the employer, absence of violations under the current legislation.
- Compliance of the claimed number of places for foreigners with the legal number of foreign workers in specific areas (pharmaceutical industry, sale of alcohol and others).
- Medical Insurance by the employer of foreign workers, provision of their housing area.
There May be other requirements for employers wishing to attract foreign employees to vacant places. The Commission has the right to refuse, in whole or in part, the quota if the above requirements are not met.
To collect the necessary documents and registration of the application must be approached responsibly. We should Not forget about the possibility of inspections during the work of the Interdepartmental Commission.
In cases when the quota for the next year is issued, it is necessary to employ foreign workers until the end of applications for the next period.
It is necessary to Obtain a permit for employment of foreigners in any case, but there are specialties for which it is not required to apply for a quota, the work permit will be issued without it. The Full list of professions, access to which foreigners are not limited, is determined annually by the Government of the RUSSIAN Federation. As A rule, these are workplaces connected with creativity, engineering-technical branches, and also management structure.