About a priority at employment of citizens of the Russian Federation before foreigners

The principle of a priority of employment of citizens of the Russian Federation before foreign citizens is proclaimed Article 17 of the Employment Act of the population according to which the attraction right in the territory of the Russian Federation of foreign labor power is the priority right of the Russian Federation. At the moment in pursuance of the specified principle the Government of the Russian Federation uses different methods of regulation of the market of foreign labor power, such as establishment of a maximum permissible share of foreign employees, quotas for issue to foreign citizens of work authorizations (Employment disputes No. 7, 2013).

Despite positive effect which bears in itself(himself) introduction of a priority of employment of citizens of the Russian Federation there are certain questions concerning how this mechanism in practice will be implemented. The surplus of migrants is especially felt in the large cities of Russia where the priority of employment of citizens of the Russian Federation is justified, however you should not forget also about regions in which there is no such surplus of foreign labor power and some positions can be successfully held by migrants.

It should be noted that the priority of employment of citizens of the Russian Federation at the regional level already contains in legal acts. So, according to Section 2 of the Government decree of Moscow No. 718-PP of December 12, 2012, in the city of Moscow at regulation of labor market the priority of employment of residents of Moscow should be observed that is provided with joint efforts of the Government of Moscow, the Moscow trade union associations and employers.

Considering the aforesaid introduction of a priority of employment of citizens of the Russian Federation should consider statistics of labor markets of single regions of Russia. Redirection of a migration flow to the small cities of Russia can favorably affect growth of economy, create new jobs. At the moment it is necessary to expect the publication of the bill concretizing mechanisms of priority employment of citizens of the Russian Federation – whether this mechanism will be entered everywhere at the federal level or more flexible order of regulation will be defined.

2014: The government approved the bill on the simplified procedure of involvement of highly qualified foreign IT specialists

On April 10, 2014 the Government of the Russian Federation made the decision on entering into the State Duma of the federal law draft "About Modification of Article 132 of the Federal Law 'About a Legal Status of Foreign Citizens in the Russian Federation'" today. The bill was drafted by the Ministry of Telecom and Mass Communications of the Russian Federation within implementation "Strategies of development for the information technology industry in the Russian Federation for 2014-2020". It is directed to improvement of conditions of business of the Russian IT companies and allows them to attract highly qualified foreign specialists in the simplified procedure.

The bill was submitted at a meeting of the Government of the Russian Federation by the Minister of Telecom and Mass Communications of the Russian Federation Nikolai Nikiforov. "Improvement of conditions of business for the IT companies — the most important area of work of the ministry within development of the information technology industry" — the minister told.

According to the provided bill, the IT companies will have an opportunity to involve highly qualified foreign specialists in the simplified diagram. The bill offers to establish the minimum threshold of compensation for such specialists at the level of one million rubles a year that makes 83 thousand rubles a month. This measure is going to be extended to the IT companies accredited in the order set by the Government of the Russian Federation. Today such companies there are 3397.

The minister noted that the existing rules of a design for work in the IT company complicate involvement of highly qualified foreign specialists, and the salary threshold in the amount of two million rubles a year is too high for the employer.

Similar measures already work for separate categories of the organizations. For example, a threshold to 700 thousand rubles — for residents of technology development special economic zones, to one million rubles — for residents of special economic zones of other types and also the educational organizations of the higher education at the invitation of scientists and teachers. And for the highly skilled foreign citizens participating in project implementation Skolkovo, the threshold is not set at all.

Nikolai Nikiforov assured that adoption of the bill will not lead to deterioration in conditions of employment of the Russian IT specialists as the IT companies have acute shortage of the personnel and even a reduced threshold of the minimum remuneration of highly skilled foreign citizens above the average salary of workers of the information technology industry.

The bill prepared by the ministry was approved without notes with FMS of Russia, the Ministry of Finance of the Russian Federation and the Ministry of Economic Development of the Russian Federation. On the bill the positive decisions of the Ministry of Justice of the Russian Federation and Institute of Legislation and Comparative Law under the Government of the Russian Federation are received. The bill underwent public discussion and was supported by representatives of the IT industry, including the leading organizations of the industry and their associations ("RUSSOFT", APKIT, "Domestic software").

During discussion at a meeting of the Government it was offered to consider the urgent nature of action of the offered procedure, for example, for a period of five years.