Key international labour migration issues now settled.
Legal Update No. 268.
Goltsblat BLP advises that the following documents have been ratified by Federal Laws Nos. 186-FZ and 178-FZ dated 11 July 2011:
Agreement on the Legal Status of Migrant Workers and their Families;
Agreement on Cooperation in Combating Illegal Immigration from Third Countries.
On 19 November 2010, the Agreements were signed by Belarus, Kazakhstan, and Russia and they will come into effect 30 days after the EurAsEC Integration Committee receives final confirmation that all domestic enactment procedures have been completed.
While the first Agreement applies to migrant workers who are nationals of Belarus, Kazakhstan, and Russia, the second Agreement applies to the illegal immigrants from any other states.
The Agreements establish the legal status of migrant workers and their families, regulate performance of work by immigrants, determine social security standards, and identify lines of cooperation and instruments in combating illegal immigration from third countries.
The Agreements contain the following key provisions:
Employers hire migrant workers from Belarus, Kazakhstan, and Russia without any restrictions to protect the national labour market.
Migrant workers from these states do not need work permits.
Labour relations between employers and migrant workers are to be governed by the laws of the host state and formalised through employment contracts.
Migrant workers and their families from these countries are released from the obligation to register with the host state authorities within 30 days of arrival.
If the employment contract is terminated early 90 days after the date of entry, migrant workers have the right to sign a new employment contract, including with another employer, within 15 days.
Migrant workers from these states are entitled to join trades unions on the same grounds as citizens of the host state.
There are no restrictions on migrant workers and their family members transferring their earnings in compliance with the laws of the host state and international treaties of the respective countries.
Migrant workers from these countries are entitled to social (except pension) benefits in accordance with the laws of the host state.
Migrant workers and their families have the right to healthcare in accordance with the laws of the host state and its international treaties.
Children of migrant workers from these states have the right to attend preschool institutions and be educated in accordance with the laws of the host state.
The co-operating states will harmonise their external immigration policies, share regulatory acts and legal status details, combat illegal employment of immigrants, implement the agreed action plans (including expulsion) with respect to illegal immigrants, etc.
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