Government of the Russian Federation determines the permissible share of foreign employees annually (clause 5 of Article 18.1 of Federal Law No. 115-FZ of July 25, 2002 “On the Legal Status of Foreign Citizens in the Russian Federation”) to regulate the attraction of foreign labor in certain types of economic activities, taking into account regional specifics of the labor market and employment of Russian citizens as a priority. In 2023, the permissible share of foreign employees engaged in certain types of activities in the territory of the Russian Federation will be the following number in the spheres (Resolution of the Government of the Russian Federation No. 1751 dated October 03, 2022):
- Vegetable growing – 50% of the total number of employees used by economic entities (this norm does not apply to the territory of the Udmurt Republic – 0%, Primorsky Krai – 40%, Astrakhan Oblast and Volgograd Oblast);
- Forestry and logging – 50% of the total number of employees used by economic entities (this norm does not apply to the territory of Primorsky Krai – 20%);
- Wood processing and production of wood and cork products, except furniture, straw products and weaving materials – 50% of the total number of employees used by economic entities;
- Construction – 80% of the total number of employees (this norm does not apply to the Republic of Buryatia, the Amur Region, the Republic of Dagestan – 50%, the Krasnodar Territory – 50% and the city of Moscow);
- Wholesale trade in wood raw materials and unprocessed timber – 50% of the total number of employees used by economic entities;
- Wholesale trade in lumber – 50% of the total number of employees used by business entities;
- Retail trade in alcoholic beverages and tobacco products in specialized stores – 15% of the total number of employees;
- Retail trade in medicines in specialized stores (pharmacies) – 0% of the total number of employees used by economic entities;
- Retail trade in non-stationary trade facilities and markets, as well as other retail trade outside stores, tents and markets – 0% of the total number of employees used by economic entities;
- Activity of other land passenger transportation – 24% of the total number of employees (this norm does not apply to the territory of Krasnodar Krai – 0% and Primorsky Krai – 15%, to business entities operating in the territory of the Udmurt Republic according to OKVED 49.31, 49.32 – 0%);
- Cargo transportation activities – 24% (this norm does not apply to the territory of Krasnodar Krai – 0% and Primorsky Krai – 10%);
- Real estate management for remuneration or on a contractual basis, as well as building and territory maintenance activities – 70% of the total number of employees;
- Other activities in the field of sports – 25% of the total number of employees.
Separately for the Ryazan region is set the permissible share for activities in the sphere of manufacturing production – 90%. In accordance with these maximum permissible shares employers must streamline their staff until 01.01.2023.
Author
Anastasia Antyukhina
- Lawyer, Cooperation with Foreign Customers
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