Federal Law No. 409-FZ of December 1, 2014 “On introducing amendments to the Labor Code of the Russian Federation and Article 13 of the Federal Law “On the Legal Status of Foreign Citizens in the Russian Federation” related to the peculiarities of the regulation of labor of workers who are foreign citizens or stateless persons” introduced a new chapter of the Labor Code - 50.1, which defines the specifics of the employment of foreign citizens in Russia and their dismissal. The changes, first of all, affected the form of the employment contract that the employer enters into with a foreign citizen, the documents that the applicant must present when applying for employment, and the form of notification to specialized bodies about hiring a foreign citizen. Let's take a closer look at each aspect separately.
Documents for hiring foreign citizens
Article 327.3 of the Labor Code determines the package of documents that a foreign applicant must provide to the employer upon employment. Thus, along with the general documents provided for in Article 65 of the Labor Code of the Russian Federation, a foreigner or stateless person when applying for employment must present:
- temporary residence permit or residence permit;
- work permit or patent for migrants;
- a contract or voluntary health insurance policy, with the exception of cases where the employer himself enters into an agreement with a medical organization on the provision of paid medical services to a foreign employee.
Important! A foreign worker can provide an employer with a work permit even after concluding an employment contract, if this document is necessary to obtain the permit.
An employer has the right to refuse to hire a foreign applicant if the necessary documents are not provided.
Documents required for employment of a foreigner with a temporary residence permit
From the list of documents submitted to the employer upon employment, the foreigner independently draws up a SNILS from the Pension Fund of the Russian Federation, an INN from the tax office, and a voluntary health insurance policy from an insurance company. The processing time for each document ranges from 1-1.5 months.
An employer can issue SNILS for an employee when he is employed for the first time. If a new employee does not have a Russian (or Soviet) standard labor record, then one is created in the personnel department of the organization. The employer also has the right to enter into agreements with a specific medical organization to provide paid services to foreign workers.
In fact, the main documents when employing a foreigner with a temporary residence permit are the temporary residence permit itself, a policy and a personal passport. The rest are presented at the request of the employer and within the framework of Art. 65 Labor Code of the Russian Federation. There is no need to present military registration documents.
Documents in a foreign language (for example, a passport) must be translated. At the same time, the Russian version of each translated document must be certified by a notary.
Citizens of the CIS (Belarusians, Armenians, Kazakhs, Kyrgyz) are hired without obtaining additional permits such as patents, etc. Basis - art. 97 of the “EEC Treaty” dated May 29, 2014.
Notification of hiring a foreign worker
Starting from January 2020, an organization has the right not to report to the tax authorities about the employment of a foreigner, however, the company that hired a foreign worker must report the conclusion and termination of the contract to the FMS office located at the location of the company. The legislator gives the employer three working days from the moment of concluding an employment contract with a foreigner to provide the relevant information to the Federal Migration Service. The form and procedure for submitting such a notification was approved by Order of the Ministry of Internal Affairs of Russia No. 11 of January 10, 2018 “On the forms and procedure for notifying the Ministry of Internal Affairs of the Russian Federation or its territorial body about the implementation of labor activities by foreign citizens (stateless persons) on the territory of the Russian Federation.”
Form for notification of concluding an employment contract with a foreign citizen
How to receive a foreigner: step-by-step instructions
If you want to hire a foreign citizen, the organization must carry out such an action as checking the availability of all required documents. Then a petition is prepared to the Russian Consulate, in which the individual entrepreneur or organization shows its readiness to take care of providing the employee with housing and medical care. Next, we will tell you in detail how to hire and place a foreigner in your organization.
The procedure for applying for a job for a foreign worker for an individual entrepreneur and a legal entity is similar.
What documents are needed?
Foreigners, like Russians, submit a package of documents for employment:
- Identification.
- Employment history.
- Insurance certificate of state pension insurance. If the employee does not have one, then the employer will fill it out.
- Diploma if you need special knowledge for employment.
And additionally:
- migration card, visa, work permit or patent;
- VHI policy valid on the territory of the Russian Federation.
A military ID from foreign citizens is not required.
When applying for a job under a civil law contract (CLA), the list of documents is identical, only a work book is not required.
We invite you to watch a video about the documents required to register foreign citizens to work in the Russian Federation:
https://youtu.be/c2zkXXx4ccE
Body check
Medical examination for foreigners is a mandatory procedure. Based on the results of the commission, foreign citizens are issued a health report. The medical report is included in the package of documents that the migrant provides to the Main Migration Department of the Ministry of Internal Affairs.
Rules for registration in the HR department
When hiring a foreigner, an employee of the personnel department should be guided by the norms of the legislation of the Russian Federation.
Statement
Application forms for migrants and citizens of the Russian Federation are no different. Filled out on an A4 sheet of paper by hand or on a computer, in one copy. The document must be certified by the signature of the employee. The application indicates the name of the organization, the date from which the citizen will begin work and his position.
How to place an order?
The order form does not differ from the one issued when hiring a citizen of the Russian Federation.
Contains information:
- FULL NAME;
- job title;
- where the employee is enrolled: workshop, department, etc.;
- salary amount;
- probation;
- information about the employment contract.
Employment contract
A special form of the agreement has not been developed. The content of the document on the basis of which labor relations are formalized is the same as when employing a citizen of the Russian Federation.
The contract includes information about details related to the employee’s status:
- resident card;
- work permit;
- terms of payment for the road;
- medical insurance;
- provision of housing.
It is necessary to provide additional information about the reasons for the employee’s stay in the Russian Federation. The document also includes information about the policy to provide the employee with medical care for the duration of the employment contract.
If the employee does not speak Russian, the contract must be translated into a language understandable to the citizen. The agreement can be drawn up in two languages so that the employee reads and understands the terms.
Other personnel documents
When drawing up or terminating an employment contract and GPA, you must notify the Ministry of Internal Affairs within 3 days from the date of start or end of the employment relationship. Notifications are issued in the form approved by Order of the Ministry of Internal Affairs No. 11 dated January 10, 2018.
If a foreigner applies for work in the Russian Federation for the first time, a work book is created for him. A personal card form T2 and a personal file are filled out for each foreign employee.
Taxation of foreign workers
Due to a significant change in the procedure for registering foreign citizens to work in the Russian Federation, many questions arise regarding the payment of taxes for them. Let's try to figure out who should pay for what. According to the law, a patent employee is required to independently pay tax on the income of an individual in the form of advance payments, the first of which is paid immediately before receiving it. The patent is valid only for the paid period, then it is subject to renewal subject to payment; if this rule is not observed, the document ceases to be valid. The employee must pay the tax at the place of work; the funds go to the local budget of the region. Legal entities employing foreign citizens are required to calculate the total tax amount for the reporting period and reduce it by the amount of advance payments made. You must first obtain tax permission for these actions.
conclusions
Employment of foreign citizens is a procedure that requires special attention. An employer who hires such an employee, within 3 days from the date of concluding an employment contract with him, must send a notice of employment to the department of the Ministry of Internal Affairs of the Russian Federation located at the worker’s place of work.
The notification is issued according to a special template. This is present in Appendix 13 to Order of the Ministry of Internal Affairs of the Russian Federation No. 363 dated June 4, 2019. Notifications submitted in any other way will not be accepted.
When preparing and sending a document, it is important to avoid errors and corrections. The document, if any, is considered invalid. It is important to pay attention to the timeliness of sending the notification. If the 3-day deadline is violated, the head of the company is held accountable. A fine is imposed on him. In some cases, the company's activities are suspended for a period of 14 to 90 days.
Responsibility for violation of legislation in the field of employment of foreigners
The Code of Administrative Offenses of the Russian Federation provides for liability for violation of employment rules for both parties. Employer's responsibility:
- for engaging a foreign citizen to work on the territory of the Russian Federation in the absence of a permit or patent, outside the region where the patent, work permit or temporary residence permit was issued, without obtaining such permission, the employer is subject to a fine: for civilians - from 2000 to 5000 rubles;
- for legal entities – from 250,000 to 800,000 rubles or suspension of activities for up to 90 days;
- for officials – from 25,000 to 50,000 rubles;
- for civilians – from 2000 to 5000 rubles;
Responsibility of a foreign citizen:
- Carrying out labor activities on the territory of the Russian Federation without obtaining a patent or work permit, or carrying out activities outside the boundaries of a constituent entity of the Russian Federation where the appropriate permit was obtained, is punishable by a fine: from 2,000 to 5,000 rubles with or without deportation from the territory of the Russian Federation;
- from 5,000 to 7,000 rubles with deportation from the territory of the Russian Federation in case of repeated violation within one year;
- from 4000 to 5000 rubles.
New forms
In total, 9 forms were approved by the commented order. Among them:
- petition of a foreign citizen (stateless person) to engage him as a highly qualified specialist (Appendix No. 1);
- notification of the fulfillment by employers and customers of obligations to pay wages (remuneration) to a foreign citizen (stateless person) - a highly qualified specialist (Appendix No. 5);
- notification of the conclusion of an employment contract or civil law contract with a foreign citizen (stateless person) (Appendix No. 13);
- notification of termination (termination) of an employment contract or civil contract with a foreign citizen (stateless person) (Appendix No. 14).
Draw up and print an employment contract for free
Responsibility
Refusal to inform the FMS or delay in providing documents is considered an administrative offense.
The Code of Administrative Offenses provides for liability in the form of a fine (for failure to notify the Federal Migration Service about hiring a foreign citizen) in the amount of 2 to 5 thousand rubles for citizens and from 400 to 800 thousand rubles for legal entities (Article 18.15 of the Code of Administrative Offenses of the Russian Federation).
of two weeks to 90 days can also be chosen as a penalty
The responsibilities of an organization or individual recruiting foreign employees are not limited to notifying the Federal Migration Service of employment.
You should pay close attention to other subtleties of migration registration of foreigners, including when sending on a business trip or vacation, notification of the fulfillment of wage obligations and other procedures.
