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Changes in payments to highly qualified specialists (HQS) from 01.03.2024

Changes in payments to highly qualified specialists (HQS) from 01.03.2024

On 10.07.2023, the Federal Law No. 316-FZ “On Amendments to the Federal Law “On the Legal Status of Foreign Citizens in the Russian Federation” (hereinafter referred to as Federal Law No. 316-FZ), about which we informed earlier, was signed and published.

We remind you that, starting from 01.03.2024, the provision of the specified Federal Law No. 316-FZ comes into force, which changes the wage (remuneration) rate for highly qualified specialists (hereinafter referred to as HQS).

In particular, starting from 01.03.2024, the wages (remuneration) of an HQS must be at least 750 000 RUB per quarter. Previously, the minimum wage (remuneration) for an HQS in general was 167 000 RUB per month.

Taking into account the above, in the first quarter of 2024, the total wages (remuneration) of an HQS must be in conformity with the amount specified in the legislation, that is, at least 750 000 RUB per quarter.

Please note that the above position corresponds to the position of the Directorate of External Labour Migration of the Main Directorate for Migration Issues of the Ministry of Internal Affairs of the Russian Federation stated by the department when contacted in writing.

In case of violation of the established amount of payments, the company shall be deprived of the right to attract foreign citizens to work in the Russian Federation as HQS for two years (subclause 1 of clause 26 and clause 26.1 of the art. 13.2 of the Federal Law No. 115-FZ dated 25.07.2002 “On the Legal Status of Foreign Citizens in the Russian Federation”, hereinafter referred to as Federal Law No. 115-FZ).

We remind you that in accordance with the clause 13 of the article 13.2 of the Federal Law No. 115-FZ, employers and customers of work (services) are obliged to notify the federal executive body in the field of internal affairs or its authorized territorial body for the fulfilment of obligations to pay wages (remuneration) to the HQS on a quarterly basis, no later than the last working day of the month following the reporting quarter.

Failure to notify or violation of the established procedure and (or) form of notification by the employer or customer of work (services) involving highly qualified specialists entails administrative liability established by the part 5 of the article 18.15 of the Code of Administrative Offenses of the Russian Federation, namely:

  • imposition of an administrative fine on officials in the amount of 35 000 – 70 000 RUB; for legal entities – from 400 000 to 1 million RUB.

We will be happy to answer your questions!


Contacts:

Maria Matrossowa, Project leader swilar OOO
M: maria.matrossowa@swilar.ru, T: + 7 495 648 69 44 (ext. 308)

Yulia Belokon, Deputy Project leader swilar OOO
M: yulia.belokon@swilar.ru, T: +7 495 648 69 44 (ext. 309)