In March 2022, in relation to a citizen of Uzbekistan, who worked at the enterprise of our client – Pizzeria “DodoPizza “- a protocol on an administrative offense under Part 2 of Article 18.10 of the Administrative Code was drawn up. The reason for drawing up the protocol was that the employee with a migration check called himself an instructor, although he had only a patent for labor activity as a utility worker. For this violation, an employee was threatened with administrative expulsion from Russia.
During the trial in the Vyborg City Court of the Leningrad Region, we proved that the citizen of Uzbekistan was actually performing the functions of a handyman in accordance with the patent. During the check, he said that, having more experience, he would sometimes advise new utility workers on how to handle, unload goods, and collect orders. For this reason, his Uzbek colleagues nicknamed him an “instructor,” which was not connected with his main activity of participating in the processing of goods and orders. The fact that a citizen of Uzbekistan referred to himself as an “instructor” is explained by his limited knowledge of the Russian language and the fact that this word has a different meaning in Uzbek, closer to the Russian term “mentor”. The use of the word “instructor” when answering questions from migration authorities does not change the labor function and is not a basis for concluding that a citizen is working in a different position as a “personnel instructor.” ” As a result, we managed to protect a foreign citizen and prevent his deportation. The court agreed with our arguments about the absence of an event of an administrative offense and terminated the proceedings.
