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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

(as amended on 24-11-2020)

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

1. Approve the enclosed 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:

Item of 31 changes which are made to acts of the Government of the Russian Federation concerning the state control (supervision), approved by the order of the Government of the Russian Federation of April 21, 2010 No. 268 (The Russian Federation Code, 2010, No. 19, the Art. 2316);

the order of the Government of the Russian Federation of May 11, 2010 No. 322 "About modification of the Regulations on licensing of the activities connected with employment of citizens of the Russian Federation outside the Russian Federation" (The Russian Federation Code, 2010, No. 20, the Art. 2475);

Item of 30 changes which are made to orders of the Government of the Russian Federation concerning the state fee, approved by the order of the Government of the Russian Federation of September 24, 2010 No. 749 (The Russian Federation Code, 2010, No. 40, the Art. 5076);

the order of the Government of the Russian Federation of September 29, 2010 No. 773 "About modification of the Regulations on licensing of the activities connected with employment of citizens of the Russian Federation outside the Russian Federation" (The Russian Federation Code, 2010, No. 40, the Art. 5098).

Russian Prime Minister

D. Medvedev

Approved by the order of the Government of the Russian Federation of October 8, 2012 No. 1022

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

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 Russian legal entities (further - 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);

c) 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;

informing seamen on their rights and obligations specified in employment contracts, acquaintance with contents of employment contracts before employment and signing of the employment contract and also transfer to seamen of copy of the employment contract signed by them;

employment of seamen taking into account the qualification necessary for occupation of the corresponding position on the vessel and confirmed by the qualification documents issued in accordance with the legislation of the Russian Federation;

ensuring compliance of employment contracts to the current legislation of the flag State of the vessel, and also to provisions of the collective agreement between the shipowner and representatives of seamen (in case of its availability);

the certificate is that the shipowner has means for ensuring protection of seamen against danger to appear without means of support in foreign port;

consideration in accordance with the legislation of the Russian Federation claims concerning the activities and taking measures to the specified claims, and also informing the licensing body on all not settled disputes over claims;

compensation to seamen of pecuniary damage which they suffered as a result of failure to carry out by the licensee of the obligations to seamen, by means of the conclusion the licensee of the insurance contract or ensuring obligation fulfillment with the method provided by Chapter 23 of the Civil code of the Russian Federation;

compensation to seamen of pecuniary damage which they suffered as a result of failure to carry out by the shipowner of the obligations to seamen, according to the employment contract. At the same time the method and the amount of compensation to seamen of pecuniary damage are established by the licensee in coordination with the shipowner on whose vessels employment of seamen is performed.

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

a) availability at the license applicant (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 (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 at least 1 year, and also availability at the head of the license applicant (licensee) (the head of the structural unit performing activities for employment abroad) of 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 at least 3 years.

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

a) availability at the license applicant (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;

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