The Ministry of Labor considers it unacceptable to conclude employment contracts with workers from abroad. The newspaper writes that this statement was made by the representative of the Ministry of Labor Dmitry Mylnikov in response to an anonymous question posted on the Consultant Plus website. “News”.
Mylnikov answered the question of when an employee should notify the employer about his departure abroad. A representative of the ministry said that in the ministry’s opinion, if a remote employee plans to work outside the country and change his workplace, he is obliged to notify the employer. Otherwise, this will constitute a violation of the employment contract.
Mylnikov added: “According to the Russian Ministry of Labor, it is not allowed to conclude an employment contract on remote work with a citizen for work outside the Russian Federation. “Cooperation with people working remotely abroad can be carried out within the framework of civil law relations.” He also explained that an employee’s departure abroad is important from a tax perspective, as it determines tax residence.
Anna Ivanova, also a partner in BGP Litigation’s labor law practice, stated that the labor law does not contain restrictions and bans on Russian citizens going abroad. The expert also emphasized that the majority of court decisions support remote work abroad.
Natalya Greshnova, Chairman of the Executive Committee of the Russian Lawyers Association SRO, reminded that the rules of labor law apply to citizens working in Russia. If the employee is abroad, Labor Law norms do not apply. She added that the letter from the Ministry of Labor has no legal validity, but could be important in resolving labor disputes.
Previously existed in the Russian Federation Established Uniform personal income tax rate for remote workers.