Caught in line: migrants may be banned from changing jobs
Migrants will be obliged to work for a single employer - the patent will specify a specific company, not the employee's specialization, as is currently the case. As a result, construction workers who have come to Russia will not go to work as couriers or cab drivers. The initiative belongs to the Ministry of Construction, which thus intends to solve the problem of staff shortage in the industry. It is proposed to amend the law "On the Legal Status of Foreign Citizens in the Russian Federation". Whether this measure will be adopted and whether it will work in practice - in the material "Izvestia".
What is proposed to change for migrants
TheMinistry of Construction has finalized its plan to support the construction industry, it has already been submitted to the government for approval, "Izvestia" familiarized with the document. Among other initiatives, the ministry proposed to solve the personnel issue: to establish a new obligation for migrant workers who work in the country under a patent. They should be obliged to work in Russia with only one employer, that is, the name of the company will be fixed in the patent itself, the ministry believes.
We are talking about amendments to the law "On the legal status of foreign citizens in the Russian Federation", which may affect all sectors. The new order in the construction sector should begin to operate from April - June 2025, depending on the passage of approval procedures. The expected result of this approach, as indicated by the Ministry of Construction, is the reduction of staff turnover and strengthening of control over migrant workers. At the same time, the ministry has yet to specify what funding this measure will require.
From the documents of the Ministry of Construction it follows that the Ministry of Labor did not express conceptual objections. "Theplan of measures is aimed at supporting the construction industry, the attraction of qualified workers in the order of organized recruitment will contribute to filling the shortage of personnel in one of the most important spheres of the economy", - said in this agency.
In 2017 and 2019, Russia concluded recruitment agreements with Uzbekistan and Tajikistan, the Labor Ministry recalled in the documents. The agreements assume that citizens of these countries are sent to construction work in the Russian Federation.
TheMinistry of Finance conceptually supported the proposal of the Ministry of Construction, taking into account the comments. What exactly confused the ministry, the documents do not specify, in the department itself "Izvestia" their content was not disclosed. The Interior Ministry asked to be excluded from the discussion.
"Izvestia sent an inquiry to the government.
The Ministry of Construction told the editorial board that about 11.5 million specialists work in construction and housing and communal services, of which about 1 million are foreigners.
- The issue of attracting workers to construction sites is now relevant given the challenges facing the industry. To ensure smooth operation of the construction sector, the Ministry of Construction carries out regular work to attract qualified personnel, primarily domestic specialists. At the same time, the Ministry pays great attention to the issues of interstate cooperation," they added.
"Izvestia" requested the top-5 largest developers, including the companies "Airplane", PIK, LSR and others.
How to get a work patent
The rules for hiring foreign citizens in the construction industry depend on the order in which the foreigner entered the territory of Russia, said "Izvestia" lawyer of the law firm "A2" Elen Zurnachyan. If the future employee is a "visa-free" foreign citizen, he has the right to work in Russia if he has a patent. In order to obtain it, one should apply to the local offices of the Ministry of Internal Affairs, and independently.
- In 2024, Russia has established quotas for foreign citizens in the construction industry, allowing to hire up to 80% of such employees. This share can be determined depending on the region, quotas are reviewed annually, which is necessary to protect the interests of local citizens and regulate the labor market, preventing its oversaturation with workers from foreign countries, - she said.
And now the patent does not specify the employer, only the migrant's profession, according to the law "On the legal status of foreign citizens in the Russian Federation". A patent is issued for a limited period of time - a maximum of 12 months. If a person exceeds it and works without such a document, he and his employer can be penalized. The fine for a foreigner is up to 5 thousand rubles, plus possible deportation. For the company, the sanction can be up to 800 thousand rubles, follows from the CAO. Thus, an illegal change of the employer specified in the patent may result in a fine and administrative deportation from the Russian Federation.
As a rule, before coming to the Russian Federation, migrants conclude a contract with their future employer, but then they can renegotiate the contract with another company, the domestic regulation allows this, explained "Izvestia" director of the international alliance "Labor Migrant" Sergei Boldyrev. The proposal of the Ministry of Construction may indeed prevent the turnover of workers in the construction sector, but it does not mean that this is the way to solve the problem of staff shortage in this industry.
- Work on the construction site is not the easiest and most profitable, people from other countries do not seek to get to it, it is much more profitable now to go to work as a courier, - said the expert. - Therefore, it is unlikely to attract a sufficient number of personnel in this way. On the other hand, the implementation of this norm will be easy to control - the Russian Federation is working on the fact that each migrant had a digital profile with all the information about the person.
Svetlana Razvorotneva, deputy chairman of the State Duma Committee on Construction and Housing and Utilities, supported the Ministry of Construction's proposal. This approach will allow to streamline the flow of migrants, who often leave the construction site for delivery, she believes. But in this case, the employer must assume the obligation to resettle employees, to engage in their training and much more, the deputy specified.
On a long distance such a tool is unlikely to be effective, says Vladislav Ryleev, general director of the HR marketplace Laborplace.
- First, this approach will limit the migrant worker's freedom of choice of employer. Secondly, companies will practically tie people to their business and will not strive to create competitive labor conditions for migrants. This could create a strong bias in favor of large companies, while small and medium-sized businesses would suffer," he told Izvestia. - If this proposal is to be seriously considered, it is necessary to take into account the responsibility of the company for its employee, they should be responsible for creating the necessary working and living conditions for migrants.
Larisa Rudakova, President of Medialine Group, told Izvestia thatsolving the construction industry's staffing problem at the expense of migrants is the most obvious, usual and effective way. On the other hand, if we go only this way, the industry will cut off the way to the profession and interest in construction specialties for a long time for the young audience, the expert said. The new generation is still showing it, considering the real estate industry attractive enough as a place for their future work. It is necessary not to extinguish this interest by an even greater influx of migrants into the industry, she added.
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