In early 2003 President Putin called for more immigrants to be allowed into the Russian Federation for the purposes of work. Article 13(1) of the Law On the Legal Position of Foreign Citizens in the Russian Federation (2002) states that foreign citizens enjoy the right to freely dispose of their capabilities for labour and to choose the kind of activity and the trade, as well as the right to a free use of their capabilities and property for business and other economic activity not prohibited by law, with an account for the restrictions, stipulated by the foreign law.

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Prior to the establishment of the new visa system in the Russian Federation a large number of migrant workers from neighbouring states were able with less restriction to enter the country irregularly for employment purposes. Now people wishing to travel to the Russian Federation for business purposes must obtain a work visa prior to entry. Under Article 16(4) of Law On the Legal Position of Foreign Citizens in the Russian Federation Local self-government bodies, legal entities and citizens of the Russian Federation may apply to the Ministry of Internal Affairs to issue an invitation to a foreign citizens to enter the Russian Federation. Article 18 provides that such an invitation may be issued for the performance of a labour activity, and that a quota for the entry of foreign citizens for employment shall be established by the government. All foreign citizens entering Russia receive a migration card on entry and must register within 3 working days of entering the country (see 8.2 - Immigration Law and Policy) .

For a number of migrant workers living and working conditions are of concern as there is no protection offered to them by domestic law. The Russian Federation is also not a signatory to the United Nations Convention on the Rights of all Migrant Workers and their Families. Attempts have been made to form bilateral agreements with third countries such as Tajikistan, to ensure migrant workers rights are adequately protected.

Article 30, paragraph 1, of the Russian Constitution states that "everyone shall have the right to association, including the right to create trade unions in order to protect one's interests". This paragraph also guarantees the freedom of public associations activities. This protection is not only confined to Russian citizens and should therefore provide protection to migrant workers to join trade unions in order to assert their rights.

Analysis provided by: Anisa Niaz LLM (Public Law), United Kingdom.

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