Features of getting a job without registration
The hiring process takes place according to the established grounds and rules of the registration process. To be accepted for a new position, a person must provide a passport of a citizen of the Russian Federation and a standard package of documents.
Legislative bodies distinguish 2 types of registration:
- Permanent registration. It is implemented on the basis of a personal application and no later than seven working days after the citizen changes his permanent place of residence. Also, this registration has no expiration date.
- Temporary registration. It is necessary if a citizen has changed his permanent place of residence for more than three months. It is issued for a period ranging from 3 months to 5 years.
Most Russians have both types of registration at the same time, which is not contrary to the law. It is worth noting that each of them has equal legal force for hiring a person to a new position.
But, as the law says, is it possible for a citizen of the Russian Federation to work without registration? The Labor Code of the Russian Federation contains a list of documents that a manager can request from an applicant:
- passport of a citizen of the Russian Federation;
- military ID;
- SNILS;
- documents confirming education and qualifications;
- work book.
As you can see, there is no item in this list that states that the applicant must be registered.
What does the law say?
The Constitution of the Russian Federation gives the right to all citizens of the country to freedom of movement and choice of place of residence at will (Part 1, Article 27).
The employment process and the definition of the responsibilities and rights of each party are regulated by the Labor Code of the Russian Federation. Every person interested in the question of how to get a job without registration should study the content of Article 3 of the Labor Code.
It does not allow discrimination based on territoriality or place of residence, as well as any forms of its manifestation in the sphere of labor relations. This means that the employer not only has the right, but also the obligation to conclude an employment agreement with such an applicant if he is satisfied with the latter’s business qualities.
Law of the Russian Federation No. 5242-1 of June 25, 1993 explains in great detail the concept of the obligation to register Russian citizens at their place of permanent residence or place of temporary stay.
Attention: According to the Administrative Code, Art.
19.15 persons without registration are subject to administrative liability. If a Russian or foreign citizen violates the registration regime, penalties in the amount of 5,000 rubles will be applied to him. Also at the federal level, Articles 64 and 65 of the Labor Code of the Russian Federation are provided, which are aimed at protecting the rights of candidates for jobs. It is necessary to submit a written application to the judicial authorities, setting out in detail all the facts of violations.
Mandatory registration for Russian citizens and labor migrants
As we mentioned above, the law prohibits the establishment of any restrictions when hiring Russian citizens without registration. You can live permanently in one region and officially work in another. However, staying in another region without registering for more than 90 days is not permissible.
Federal Law No. 115 of July 25, 2002 regulates the procedure for foreigners to stay on the territory of the Russian Federation, and also regulates the principles of their work activities. For citizens of other countries, special registration rules apply. When staying in Russia, they are required to register with migration authorities within 7 working days.
The boss must demand from the foreigner the necessary papers confirming the legality of his presence on the territory of the Russian Federation and the possibility of employment:
- migration card;
- patent;
- health insurance policy.
The boss must transmit all information about the employment of foreigners to the Ministry of Internal Affairs without fail.
Legislative standards for hiring
The Labor Code of the Russian Federation contains the basic rules governing the employment of an employee:
- list of documents required to be presented;
- procedure and rules of registration;
- application and conditions of probation;
- dismissal procedure;
- rights and obligations of both parties.
For Russian citizens, labor law does not establish the lack of official housing in the region at the location of the organization as a basis for refusal to apply for a position.
However, the manager may refuse to hire for other reasons. For example, if a person is not suitable in terms of professional qualities or experience. For positions related to financial responsibility, local residents are mainly hired - they are treated with more trust.
When an employer refuses to hire an employee due to lack of registration, you can challenge such a decision in accordance with Art. 64 of the Labor Code of the Russian Federation, which clearly states that refusal to conclude an employment contract on this basis is a direct violation of the Constitution. Even in the absence of an official place of residence, a citizen can apply for a suitable vacancy. Without a residence permit, finding a job for a Russian citizen is not a problem. Most managers neglect this provision of the law, taking advantage of the lack of knowledge of the Labor Code articles on the part of applicants.
For foreign citizens, the situation is as follows: no organization can, without legal consequences, accept as an employee a foreign person who does not have official temporary or permanent housing in Russia.
When is registration mandatory?
Is it possible for a citizen to work without registration? To give a comprehensive answer to the question posed, you need to know some nuances.
There are some budget positions, employment for which is possible only with permanent registration:
- government agencies;
- law enforcement agencies;
- judicial institutions;
- customs structures.
Under such circumstances, infringement on the part of the manager may be justified, but only for the purpose of protecting the interests of the state.
When applying for a financially responsible position, a citizen must also take care of having a residence permit. After all, the employer will enter into a written agreement with him on full financial responsibility.
It will indicate the actual address at which the person can be found if necessary, otherwise there is a risk of losing material assets along with the hired person.
Attention: The body that monitors the mobility of citizens and visitors is the FMS. The procedure for registration at the place of residence for Russian citizens is determined by the content of RF PP No. 713.
Is it possible for a citizen of the Russian Federation to live without registration?
An administrative offense is detected during the registration procedure. Registration allows you to assign a specific place of residence to a citizen and allow you to perform any legal actions. In any case, an administrative violation cannot be hidden, so it is recommended to take care of compliance with current legislation.
Every citizen of Russia should remember how important registration is at the place of current residence. At the same time, you should be prepared for the fact that an offense can lead not only to the establishment of penalties, but also to serious problems and the inability to resolve numerous issues.
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Employment with temporary registration at the place of residence
Is it possible to hire a person without permanent registration? Registration of Russians is introduced to provide the conditions necessary for the exercise of their rights and freedoms, as well as for the fulfillment of duties to other fellow citizens.
Having moved to another region, a person is recommended to register and secure a specific place of residence. This will allow you, if any difficulties arise, not to cross the entire country in order to obtain the necessary documents and certificates.
As noted earlier, the employer does not have the legal right not to provide work to citizens of the Russian Federation without registration or with a temporary document. But in order to solve the employment problem forever, it is necessary to obtain a temporary registration.
Does an employer have the right to refuse to hire an employee?
The company will not bear administrative or other liability if a citizen of the Russian Federation receives a job. This means that companies can hire citizens without an official document or with a temporary registration in their passport . In case of refusal to obtain a job due to lack of registration, the employer’s actions may be considered as discrimination against a subordinate and lead to administrative liability in the event of a complaint from the applicant.
But the employer has the right to refuse employment to foreign citizens (with the exception of persons who have a residence permit in the Russian Federation), since hiring such employees without registration has serious negative consequences. Article No. 18.15 of the Code of Administrative Offenses of the Russian Federation is a document that defines a penalty of up to one million rubles, which an employer is subject to for illegally employing citizens from other countries without registration and accompanying papers.
Additionally, find out what documents are needed when applying for a job and whether a military ID is required for employment.
Failure of potential employees to comply with legal standards and collect the necessary documentation at the prescribed time makes the employer’s refusal to hire legal and justified.
Employment without registration: consequences for the employer and employee
Neglect of the legislative provision on the obligation of every person to register for migration at the address of his permanent home faces administrative punishment under Article 19.15 of the Code of Administrative Offenses of the Russian Federation in the form of a fine of up to 5,000 rubles. The absence of a registration document makes it impossible to receive pension accruals due from the employer due to the lack of SNILS.
For a foreign person, employment in the absence of registration is not only a violation of administrative legislation, but also of migration law. The amount of fines in this case is much higher, and most likely the case will result in deportation to your homeland and a ban on entry into Russia for a period of 1 to 5 years. Foreigners, before registering fictitiously, should know that migration control is now very strict. Any homeowner can register a foreigner, but government agencies find out that this is a fictitious document during checks, which are often carried out by the police together with migration service employees.
Is it possible to hire a citizen who does not have a residence permit for a vacant position? This threatens the employer with problems with tax structures. When paying personal income tax (and it is paid by the organization), it is the tax company that provides complete information about the employee for whom the tax is paid. If there is no information about the employee’s place of residence (registration), additional questions may arise from the regulatory body regarding the legality of the employer’s actions. When hiring a foreign person for a position without the required package of documents, a fine is imposed on the organization in the amount of up to 800,000 rubles per illegal employee (foreigner). Before considering whether it is possible to hire a person without registration, the employer must remember that a legal entity is punished by the state to a greater extent than a physical person. The only correct decision for the company's management is to hire a new employee and immediately notify the Federal Migration Service of a violation of the law by a citizen.
List of documents for employment
So, how to get a job without registration?
In the process of applying for a job, all applicants, without exception, must provide the direct employer with the basic package of documents specified in Art. 65 of the Labor Code of the Russian Federation, namely:
- passport or other document that can confirm identity;
It is necessary to pay attention to the fact that in the absence of a passport it is very difficult to get a job.
- employment history;
If the applicant is officially working for the first time, this document will be issued by the employer.
- SNILS;
- military ID - if the applicant is liable for military service;
- diploma of education.
Depending on what position the applicant is applying for, the direct employer may additionally require:
- a document confirming no criminal record;
- documents from a narcologist and psychiatrist confirming the absence of serious illnesses ( for example , alcohol or drug addiction).
The specified list of documentation based on Art. 65 of the Labor Code of the Russian Federation is not final, since the specified legislative act states that, taking into account the specifics of work activity, each employer has every right to demand the provision of other additional documentation.
The employer has no right to demand documentation that is not specified in the Labor Code of the Russian Federation.
Hiring without the specified documentation is impossible.
Is it possible to get a job without temporary or permanent registration?
Is registration required for citizens? Due to the fact that discrimination in the field of labor relations due to lack of registration is considered illegal, hiring is permitted.
At the same time, such a worker can significantly complicate the work of the accounting department, since most of the reporting documentation contains columns that display the residential address.
In such a case, there are several options, namely:
- display in all documentation (including the employment agreement) the address according to the direct employee;
This option is excellent in situations where entering information regarding an address should not be based on supporting documentation. Thus, when submitting information regarding an employee to the Pension Fund in the absence of registration, it is necessary to fill out only the “Address of actual place of residence” field, while the “Registration Address” remains blank.
- leave the “Registration Address” field empty if it is to be filled out on the basis of supporting documentation (For example, according to form 2-NDFL);
From a theoretical point of view, this is a correct method, since the necessary props are not available. At the same time, representatives of the tax authority may not share this opinion in the process of accepting documents due to the provision of empty details.
Because of this, a dual situation is formed: the direct employer does not have the right and should not be responsible for registering his employee, but due to his absence, he cannot fulfill his obligation to submit a tax report.
To resolve the situation, it is advisable to seek clarification from the Ministry of Finance, since in paragraphs. 2 p. 1 art. 21 of the Tax Code of the Russian Federation , taxpayers have the right to receive all the necessary clarifications.
