As usual the Federal Labor and Employment Service will approve in December 2012 the allocation of quotas by constituent subjects of the Russian Federation, and also updated information on the work places where there are plans to hire foreign employees broken down by company in 2013.
At the same time, however, the competent authorities responsible for employment issues have confirmed orally that it is anticipated that Moscow will approve a quota on work permits for foreign citizens for 2013 at approximately 100,000 work permits. It is also anticipated to assign an additional reserve for approximately the same number of work permits. Consequently the quota for Moscow, taking into account the adjustments for 2013, may amount to approximately 200,000 work permits, which is comparable with 2011 and 2012 data, when 199,778 and 199,755 work permits were approved accordingly with due account of adjustments.
However, some employers intending to hire foreign citizens to work in Moscow in 2013 may have received notices from the Moscow Labor and Employment Department in August-September 2012 that their applications on workforce requirements to replace vacancies and newly created work place with foreign employees (hereinafter - the “Application”) had been rejected by the Inter-Departmental Commission or had been included partially in a proposal on the formation of the quota.
In cases where an Application for 2013 was rejected by a decision of the Inter-Departmental Commission, employers may, depending on their corporate form, the position, qualifications and citizenship of the foreign employees, consider the following alternatives when hiring foreign citizens for work:
- Appeal against the decision of the Inter-Departmental Commission by filing an adjusted Application with the competent authority responsible for employment issues;
- Hire the foreign citizens as highly qualified specialists;
- Hire the foreign citizens to positions included in the list of professions (areas of expertise, positions) “not subject to quotas”;
- Apply for work permits for the citizens of the Republic of France and the Republic of Korea without quota under inter-governmental agreements;
- Employ citizens from the Republic of Kazakhstan and the Republic of Belarus without work permits under inter-governmental agreements.