Legal Regulation of the Labor of Foreigners in the Russian Federation

Master's final qualification work on the topic: "Legal regulation of foreign labor in the Russian Federation» The relevance of the chosen topic is due to the growth of foreign citizens in the structure of the labor resources of the Russian Federation, which also increases the need to form an effective, correct legal regulation of the activities of foreign workers due to the complexity of the issue and its importance both for the internal development of the labor market and for ensuring the competitiveness of the Russian economy on the world stage. The purpose of the final qualification work is to develop proposals and recommendations for improving the legal regulation of the employment of foreign citizens. The work used such methods of scientific research as comparison, analysis, synthesis, axiomatic method. The research was carried out using the results of such scientific researchers as Yu. P. Orlovsky, E. Yu. Khokhlova, O. Yu. Pavlovskaya, M. R. Treshchalina, etc. In addition, when writing the work, the author relied on the provisions of international legal acts, such as the Constitution of the International Labor Organization, conventions of the ILO, UN, etc., as well as legislative, subordinate, and normative legal acts of the Russian Federation in the field of employment of foreign citizens. The most significant research findings are as follows: So, the noted contradiction of the legal status of foreign workers constitutes the “essential core” of the problem of regulation of this sphere, which determines the emergence of other problematic issues. They can be conditionally divided into two large groups - those determined by the imperfection of legal norms and associated with the presence of legal gaps in the regulation of the labor activity of foreign workers on the territory of the Russian Federation. The legal category "foreign employee" used by Law No. 115-FZ does not fully correspond to the category "employee" defined by the labor legislation. First, Law No. 115-FZ allows a foreign employee to work on the basis of a civil contract. Secondly, based on the legal definition, a foreign citizen who has a residence permit or a temporary residence permit cannot be recognized as a foreign employee. At the same time, a temporary resident foreign citizen is not entitled to carry out labor activities without a work permit and outside the territory of the subject of the Russian Federation, on the territory of which he is allowed to temporarily reside. The above determines the need to exclude the phrase "temporarily staying" from the content of the legal definition of "foreign employee". The system of quotas for attracting foreign labor in the Russian Federation, implemented by the Government of the Russian Federation, the parameters of which are determined annually in the relevant resolution, raises questions. First, the Government's approach to determining the subject of regulation (the branches of activity of economic entities) for which quotas are implemented is unclear. Secondly, the grounds for determining quotas for attracting foreign workers in certain sectors of economic activity are not clear. The participation of non-profit organizations in the training of foreign citizens became possible at the expense of state grants (subsidies). In our opinion, the possibilities provided for by the current legislation (Article 327.6 of the Labor Code of the Russian Federation) for termination of labor relations in connection with the occurrence of legal facts of a typically administrative nature significantly restrict the rights of foreign workers and contradict the logic of "equality" of their legal status, defined by the norms of Article 327.1 of the Labor Code of the Russian Federation. In our opinion, today there is a need to make radical decisions that can be associated with both institutional changes (the formation of the federal service for monitoring labor migration) and legal ones (the adoption of a separate federal law regulating public relations arising in the field of labor migration).