ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of December 29, 2021 No. 2535

About approval of the Regulations on licensing of the activities connected with rendering services in employment of citizens of the Russian Federation outside the territory of the Russian Federation, and recognition voided some acts and separate provisions of some acts of the Government of the Russian Federation

According to the Federal Law "About Licensing of Separate Types of Activity" Government of the Russian Federation decides:

1. Approve Regulations on licensing of the activities connected with rendering services in employment of citizens of the Russian Federation outside the territory of the Russian Federation.

2. Recognize invalid:

the order of the Government of the Russian Federation of October 8, 2012 No. 1022 "About approval of the Regulations on licensing of the activities connected with rendering services in employment of citizens of the Russian Federation outside the territory of the Russian Federation" (The Russian Federation Code", 2012, No. 42, the Art. 5713);

Item of 8 changes which are made to acts of the Government of the Russian Federation, approved by the order of the Government of the Russian Federation of August 7, 2017 No. 944 "About introduction of amendments to some acts of the Government of the Russian Federation" (The Russian Federation Code, 2017, No. 33, the Art. 5202);

the order of the Government of the Russian Federation of December 30, 2017 No. 1714 "About modification of the Regulations on licensing of the activities connected with rendering services in employment of citizens of the Russian Federation outside the territory of the Russian Federation" (The Russian Federation Code, 2018, No. 3, the Art. 550);

Item of 24 changes which are made to acts of the Government of the Russian Federation in connection with adoption of the Federal Law "About Introduction of Amendments to the Labor Code of the Russian Federation regarding Forming of Data on Labour Activity in Electronic Form", approved by the order of the Government of the Russian Federation of July 10, 2020 No. 1017 "About introduction of amendments to some acts of the Government of the Russian Federation in connection with adoption of the Federal Law "About Introduction of Amendments to the Labor Code of the Russian Federation regarding Forming of Data on Labour Activity in Electronic Form" (The Russian Federation Code, 2020, No. 30, the Art. 4898);

the order of the Government of the Russian Federation of November 24, 2020 No. 1917 "About modification of the Regulations on licensing of the activities connected with rendering services in employment of citizens of the Russian Federation outside the territory of the Russian Federation" (The Russian Federation Code, 2020, No. 48, the Art. 7764).

3. This resolution becomes effective since September 1, 2022 and is effective till August 31, 2023 inclusive.

Approved by the Order of the Government of the Russian Federation of December 29, 2021 No. 2535

Regulations on licensing of the activities connected with rendering services in employment of citizens of the Russian Federation outside the territory of the Russian Federation

I. General provisions

1. This Provision determines procedure for licensing of the activities connected with rendering services in employment of citizens of the Russian Federation outside the territory of the Russian Federation performed by the legal entities created in accordance with the legislation of the Russian Federation (further - activities for employment abroad), and also procedure of federal state licensed control (supervision) of activities for employment abroad.

2. Licensing of activities for employment abroad is performed by the Ministry of Internal Affairs of the Russian Federation (further - the licensing body).

3. Activities for employment abroad include rendering the following services:

a) employment abroad citizens of the Russian Federation, except for employments of citizens of the Russian Federation for work in the courts floating under the flag of foreign state (further - employment abroad citizens);

b) employment abroad citizens of the Russian Federation for work in the courts floating under the flag of foreign state (further - employment abroad seamen).

4. Licensed requirements when implementing activities for employment abroad of citizens are:

a) availability at the license applicant or the licensee belonging to it on the property right or on other legal cause of the buildings and (or) rooms necessary for implementation of the licensed activities;

b) availability at the license applicant or the licensee in staff of the worker who signed the employment contract, having length of service in the field of employment abroad or length of service in the field of assistance of employment of the population in the Russian Federation and (or) personnel work at least 1 year;

c) availability at the head (the head of the structural unit performing activities for employment abroad) of the license applicant or the licensee of the higher education, length of service in the field of employment abroad at least 2 years or length of service in the field of assistance of employment of the population in the Russian Federation and (or) personnel work at least 3 years.

5. Licensed requirements when implementing activities for employment abroad of seamen are:

a) availability at the license applicant or the licensee belonging to it on the property right or on other legal cause of the buildings and (or) rooms necessary for implementation of the licensed activities;

b) availability in the state at the license applicant or the licensee of the worker and the head of the license applicant or the licensee having the higher education in the field of training of swimming structures of ocean ships;

c) availability of length of service on the ocean ship at least 1 year for the worker, at least 5 years - for the head of the license applicant or the licensee;

d) accomplishment by the licensee of the following requirements, stipulated in Item the 5th A1.4 standard "Matching and employment" of the Convention of 2006 on work in sea navigation:

refusal of acceptance of any measures directed to interfering with seamen in receipt of workplace to which they have the right according to the qualification;

exception of possibility of payment by seamen directly or indirectly the commission or other costs connected with employment or provision of workplace except expenses which the seaman incurs in connection with receipt of the identity certificate of the seaman and the seaworthy book and passing of medical examination;

maintaining and maintenance in urgent condition of the list of the employed seamen, ensuring access to the specified list of the licensing body;

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