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State Duma implemented suggestions of Commissioner in draft law on migrants

08 December 2014

The Commissioner for Human Rights in Russia suggested that the uncertainty regarding the labour licence term and the labour or civil law relations correspondently be eliminated.

This opinion about the draft federal law on the intake of aliens to licensed labour that had been passed in the first reading was sent to the State Duma. In particular, the previous edition formed a vicious cycle: in order to sign a labour contract an alien had to have a licence, but to receive the licence he should have had his labour term determined, while it was equal to the labour contract term. The State Duma implemented the suggestions and the deputies determined the maximum term of a licence (one year) without reference to the labour contract.

The MPs also took into consideration the Commissioner’s opinion regarding the term set for submission of documents to receive the licence. Previously, a peremptory 30-day limit was determined. According to the current edition, in some cases this limit could be neglected. The new edition also provides a migrant worker with an opportunity to change the region of labour. In addition, the mandate to investigate appeals on migrant regulations’ violations is given to the highest officials. The new law de facto entitles the governors to ensure external control over the decisions taken by migration services’ officials in relation to such complaints.

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