«М57 МИГРАЦИОННЫЕ МОСТЫ В ЕВРАЗИИ: Сборник докладов и материалов участников II международной научно-практической кон- ференции Регулируемая миграция – реальный путь сотрудничества ...»
Research has shown that knowledge of labour migrants concerning patents grows, but considerable categories of labour migrants are still poorly informed on patents. The most problem groups are migrants with a low educational level and poorly knowing Russian. The basic channel of reception of the information on patents there are social networks and channels of personal communications of migrants. The considerable part of migrants receives the information also from the non-governmental organizations, consultation centers, lawyers, experts. Though the official information basically is accessible through the Internet resources and in territorial structures FMS, migrants to it address less often, scales of its influence on migrants are less considerable.
Among key problems it is possible to allocate. First of all, it is complexities of job search, unreliable information concerning workplaces in newspapers, a direct deceit of migrants from people and firms which offer them work.
Secondly, absence of labor contracts at migrants who work for physical persons. This phenomenon, unfortunately, everywhere. It is connected with insufficient legal competence and absence of legal culture, both at local population, and at labour migrants;
unwillingness of employers to incur superfluous obligations. Unfortunately, the overwhelming part of the labor migrants working under patents in Russia, works without written contracts, but only on the basis of the oral arrangement.
Thirdly, the problems connected with registration in a place of stay of holders of patents. Though procedure of prolongation of registration for owners of patents is very simple – enough only to pay the duty in bank. But legal ignorance generates a number of complexities for migrants. First of all, not all migrants know what enough to pay the state duty on the following term and it doesn't demand additional registration in the FMS. Without knowing it, migrants often do in parallel registration in place to stay, address to intermediaries, considerable money pays for it. Besides, experts mark also cases when from militia there were claims to holders of patents concerning absence of registration in a stay place, despite presence of payment for the patent. Even some experts are assured that it is required to inform in addition FMS concerning patent prolongation.
Fourthly, in sector of house economy also as well as legal bodies have a problem of nonpayment of salary and labour exploitation. However, probably, it is shown here to a lesser degree. Thus experts notice that from private persons to achieve payment of the salary easier, than from legal bodies. The specific problems connected with operation of work, are characteristic for women. They can get to slavery, be exposed to sexual violence, sexual discrimination.
Fifthly, now in the legislation there is no requirement of passage of medical examination by labour migrants who work under patents. As consequence, they don't have medical insurances which could guarantee it reception. On the one hand, absence of the obligatory requirement of medical examination "facilitates" reception by migrants of the patent. But, on the other hand, raises risks of distribution of some diseases. Experts notice that now responsibility for a state of health of the migrants working for physical persons, is completely on employers. In a situation of absence of the medical insurance migrants are compelled to self-medicate, search for familiar doctors, to address in paid clinics.
It is possible to consider a question of health services of migrants in general, including working as patents, completely "the failure" moment of the migratory legislation in Russia. The especially sharply given problems are reflected in women.
For example, experts fix problems with service in Russia pregnant women from among labour migrants. This question was satirized in connection with refusal of Ministry of Health and Social Development of the Russian Federation of service of foreign citizens in medical institutions of Russia. Questions of medical examination of the migrants working for physical persons are important not only for employers and local population, but also migrants. Which come to other climatic and social conditions, they cannot know that have those or other illnesses. At the same time, their organism can react to new living conditions differently. Therefore medical examination of the migrants working in Russia, including under patents, should be an obligatory element of system of registration and use of foreign labour.
Research has shown high degree of efficiency of the patent as tool of regulation of relations between labor migrants and employers. At the same time it became clear that behind this "outer effect" enough significant amounts of problems disappear. It is possible to consider patent introduction as progressive step to development of regulation of migration to Russia. It is possible even to consider this measure revolutionary as it has instantly deduced «on light» about 1 million labor migrants, before working illegally in an economy private sector.
MANAGEMENT OF LABOR MIGRATION IN RUSSIA:
HOW IS EFFECTIVE SYSTEM?One of key problems of the Russian migratory policy can consider absence until recently adequate to time and requirements of the state of the concept of regulation of migration. Practically, the concept of regulation of migration should reflect understanding the authorities of a role of migration for the country. It is obvious that the concept of regulation of migration should be connected with the concept of demographic development of the country and the concept of social-economic development of the state.
Till last time in Russia the concept of regulation of migratory processes which has been accepted in 2003. However, this concept repeatedly operated and is proved was exposed to criticism, it obviously didn't correspond to time and requirements of the country neither on the ideology, nor under the maintenance. Some years ago the Federal migratory service of Russia has begun working out of the project of the new concept of a migratory policy of the country. Its variant has been brought for discussion the wide public in 2010-2011. At last, on June, 13th, President Putin has confirmed the Concept of the state migratory policy of the Russian Federation for 2025. In presentation attempt to analyse conformity of the new concept of the State Migratory Policy 2012 to a demographic situation and requirements of the country, on the one hand is undertaken;
conformity of the concept to practice of regulation of migratory processes, on the other hand.
Now labor immigration represents the most considerable migratory stream to the Russian Federation. The domestic labor market remains attractive enough, first of all, for the population from the CIS countries. Despite disintegration of the USSR which has occurred twenty years ago, Russia continues to keep enough stable relations with many neighbors. Objective preconditions of formation of strong migratory communications in this region there is a generality of mentality, culture, language, an openness of borders, and also capacity of the Russian labor market.
Labor migration in Russia is characterized by high enough parameters. The economic crisis which has painfully struck across Russia, has a little reduced number of legal labor migrants in 2009, but in 2010 their number was restored. And taking into account new system of patents became even more – 2,6 million persons (fig. 1).
It is necessary to note certain progress of the Russian legislation in the field of regulation of labor immigration. In particular, amendments to the migratory legislation, which distances certain preferences to highly skilled experts have come into force since July, 1st, 2010. If the employer pays in it under the contract not less than 2 million roubles a year the work permit it stands out on period of validity of the labor contract with employers, but no more than for 3 years. According to such contract, to migrants and members of their families probably registration of residence permit, on contract period of validity. Foreign professionals can work for a long time in Russia. The authorities declared also that intend to minimize contacts of professionals and their employers to Federal migratory service. This change corresponds to the position declared in the new concept:« One of strategic problems – creation of conditions and mechanisms for attraction of the highly skilled economy highly skilled and qualified experts of a different profile …, first of all on a long-term basis » (point 8, section of III concept). However, at a salary of the professor in Russia from 1до 2 thousand dollars per month, the limited number of grants programs supports for attraction of foreign scientists, this position works only for the large companies, but not for universities and scientific institutes. First of all, cardinal change the relation of the state to science funding to Russia, and also development грантовых programs of an exchange of scientists is required.
Even short-term visits of foreign scientists on scientific conferences to Russia demand the special invitation which is made out through ФМС. It appears, not enough usual invitation from the director of institute or the head of organizing committee of conference (as in all other countries). Procedure of registration of this invitation occupies about 1 month. Then it is required to send to its foreign scientist.
The embassy does the Russian visa from 1 till 2 weeks! And still the foreign scientist should pay on the average about 100 US dollars for the Russian visa! "Good" conditions for attraction of foreign highly skilled experts to Russia!
Now in Russia there are some kinds of allowing documents on the right of work of foreigners. First of all, it is necessary to notice that exists two groups of allowing documents which differ on simplicity of procedure and time of reception for citizens from the countries with visa-free and a visa regime. In case of foreigners to whom the visa is required for entrance to the Russian Federation, procedure of reception of allowing documents is more difficult, includes two stages: first of all, it is necessary to obtain the permit to the employer, and then obtains the permit the worker. Foreigners from the countries with a visa-free regime (procedure since has been essentially simplified) can receive directly the work permit in Russia. Thus their employers shouldn't obtain the special permit to uses of work of foreigners.
Legal bodies in Russia (firms, the organizations, the companies, businessmen without formation of the legal person – ПБОЮЛ) use foreign labor approximately from 120 countries. The largest suppliers of foreign workers are three countries of the Central Asia: Uzbekistan, Tajikistan, Kyrgyzstan (fig. 2). From the CIS countries number of workers from Ukraine, Moldova, Armenia and Azerbaijan also is appreciable. The third place in the list of the countries-exporters of labor to Russia occupies China, and also positions of Vietnam, Turkey and Democratic People's Republic of Korea are powerful. After simplification of procedure of registration and work permit reception in Russia for citizens of the CIS countries since 2007, their share in total number of foreign workers has grown to 75 %.
Since July, 1st, 2010 amendments to the law «About a legal status of foreign citizens in the Russian Federation» which have entered a legal basis for legalization of the labor migrants working for private persons have come into force. This measure became revolutionary as by data on the beginning of 2012 has deduced «on light» about 1 million foreign citizens, before working illegally in private households. Many labor migrants are occupied in a private sector as nurses, gardeners, repairmen, builders, watchmen, servants etc. Throughout many years this category of migrants remained «an underwater part of an iceberg», was actually on illegal position in the Russian Federation.
Now the foreigners working on hiring at physical persons, should buy simply the special patent (the price makes 1 thousand roubles a month). Patents stand out only to citizens from the countries with a visa-free regime. There are no quotas on delivery of patents. Patent purchase automatically prolongs registration in a place of stay in Russia. Every sixth labor migrant in Russia now works under the patent. The geography of an origin of the labor migrants who have taken out the patent for work at private persons, is presented by the countries of the Central Asia – first of all, Uzbekistan (1st place), Tajikistan (2nd place), Kirghizia (4th place). Also the number of the countries of leaders by absolute quantity of the given out patents includes Armenia (3rd place), Azerbaijan (5th place), Moldova (6th place), Ukraine (7th place). Half of all given out patents in 2010-2011 is necessary on citizens of Uzbekistan, about a quarter (22 %) all patents citizens of Tajikistan have received.
Further in the list follow citizens of Armenia and Kirghizia – on 7 % of the given out patents, Azerbaijan – 5 %, Moldova and Ukraine – on 4 % of all patents. All it testifies to obvious domination in structure of the given out patents for work at private persons of representatives of the countries of the Central Asia – region from which there is a maximum inflow of labor migrants, and their status on the Russian labor market is is minimum protected.
The share of foreign labor migrants among the occupied population on the Russian labor market remained concerning small – only 3-4 %. However in some branches this share was more appreciable (for example, in building it has reached almost 20 %). Foreign labor migrants on territory of Russia are distributed non-uniformly.
It is possible to allocate some types of territories of Russia on features of branch concentration of foreign workers (fig. 3). The first type are territories with prevalence of workers-migrants in building is Smolensk, Yaroslavl, Rostov, Samara areas, Krasnodar territory, etc. it is possible to carry Moscow and Moscow Region though here the structure of employment of foreign labor differs the big variety To this type of regions. The group included dynamically enough developing regions in which the building branch worried "boom". Economic development of the given regions demanded a manpower that stimulated inflow of foreign labor.
The second type – regions with concentration of foreign workers in transport sphere. It is possible to carry the Kaliningrad and Kaluga areas to them. Though also in many other regions of Russia workers-migrants also work as drivers of fixed-route taxis, city buses, trolley buses, etc. Employment of foreign workers in transport branch causes last years in Russia many disputes. C on January, 1st, 2010 the Government of Moscow has forbidden migrants to work as drivers of minibuses. However, the innovation extends not on all drivers, and only on commercial carriers. In state companies foreigners can work. Authorities of the capital give reason for the position care of safety of passengers. In due time, being the governor of St.-Petersburg, V.M.Matvienko fairly supported necessity of additional training of drivers-migrants as they have no sufficient skills of driving in big cities with heavy traffic.
The third type – regions with concentration of workers-migrants in the industry and on transport. The majority of regions of the Central Russia, the Northwest, the Novosibirsk region, Transbaikalian edge concerns their number. The fourth type – territories with primary employment of workers-migrants in trade and service sphere – Bryansk, Oryol, Saratov, Penza areas, Stavropol Territory, regions of Ural Mountains, the Altay and seaside edges. Here foreign migrants are involved in trade, restaurant business, consumer services sphere. At last, the fifth type – regions with concentration of migrants in rural and a forestry – Kareliya, Kalmykia, Novgorod, Volgograd, Astrakhan, Kirov, Omsk, Amur, areas, Krasnoyarsk and Khabarovsk edges. Workers-migrants are involved for agricultural works in collective and private enterprises, are tenants of the earth and grow up agricultural production, are occupied on timber cuttings, gathering of products of wood.