How is a work book issued for a foreign citizen?

Do you need a work book for a foreign worker?

In accordance with Articles 65 and 66 of the Labor Code of the Russian Federation, every citizen who gets an official job must create a work book (hereinafter referred to as the Labor Book). Foreign persons are no exception to the rules, however, the execution of this document in this case is accompanied by certain nuances.

If a company employs a citizen of a country that does not provide for the availability of labor, the personnel officer is obliged to create a new Labor Code form in the name of the new employee. At the same time, registration of a new labor contract is also necessary in a situation where the employee has a “national” labor code (that is, a labor contract from a foreign state).

When filling out the form, the personnel officer must be guided by the rules set forth in Decree of the Government of the Russian Federation No. 225 of April 16, 2003. According to the law, you need to use a new type of TC.

Experts give preference to forms containing a security hologram, but its absence does not make the document invalid or irrelevant.

Organizations that hire personnel usually create employment records for their employees on their own. Blank forms are ordered from specialized companies that have the appropriate license.

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This question, sent to our editorial office, can arise in almost every organization.

“We hire citizens of neighboring countries for our main jobs: Ukraine and Uzbekistan. How to properly issue a work book for them? Do they need to make an entry in their existing work book (not Russian) or do they need to create a new work book?”

We answer.

According to Part 5 of Art. 11 of the Labor Code of the Russian Federation: “On the territory of the Russian Federation, the rules established by labor legislation and other acts containing labor law norms apply to labor relations with the participation of foreign citizens... unless otherwise provided by an international treaty of the Russian Federation.”

And according to Russian labor legislation, the employer (with the exception of employers - individuals who are not individual entrepreneurs) maintains work books for each employee who has worked for him for more than five days, in the case where work for this employer is the main one for the employee (Article 3). 66 Labor Code of the Russian Federation).

It turns out that even for an employee who is a foreign citizen, the employer must keep a work record book. The question is - which one exactly?

According to Part 1 and Part 2 of Art. 65 of the Labor Code of the Russian Federation, a work book of the established form is the main document about the employee’s work activity and length of service.

The form of the work book is established by the federal executive body authorized by the Government of the Russian Federation.

• Today, the form of the work book is approved by Decree of the Government of the Russian Federation of April 16, 2003 N 225 (as amended on May 19, 2008) “On work books.”

The same Resolution established that work books of the new sample will come into effect on January 1, 2004, and work books of the previously established sample that employees have are valid and cannot be exchanged for new ones. Here we mean samples previously installed in the USSR:

• work books of the 1938 model, which were approved by Decree of the Council of People's Commissars of the USSR dated December 20, 1938 N 1320 “On the introduction of work books”,
• work books of the 1973 model, approved by the Resolution of the Council of Ministers of the USSR, All-Union Central Council of Trade Unions dated 09/06/1973 N 656 “On work books of workers and employees”, put into effect on January 1, 1975,
• work books of collective farmers, approved by Resolution of the USSR Council of Ministers of April 21, 1975 N 310 “On work books of collective farmers”.

If a foreign worker presents a work book of the USSR type, for example, of the 1973 model, then the employer can accept such a book and make an entry in it.

The list of the four named samples does not include work records of foreign countries. Therefore, the employer does not have the right to accept a foreign worker’s work book from his state and make an entry in it.

If a foreign worker does not have a work book of the established form (established for Russia), then it seems that the employer should get him a new work book, as when concluding an employment contract for the first time.

The electronic library “Personnel Package” contains a total of about 150 samples of current work book entries, a lot of consultations and methodological guidelines for their maintenance, storage, and accounting.

ELECTRONIC LIBRARY “PERSONNEL PACKAGE” - https://www.kadrovik-praktik.ru/PAKETKADROVIKA/

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Belarusian work book, is it necessary to get a new work book?

How to properly prepare documents for the main employee who was a part-time worker

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What to do if a foreign worker already has a Russian labor code?

Labor books were put into effect more than 75 years ago, so it is likely that a foreign citizen will have an old or even new form.

In any case, this document has legal force and is not subject to mandatory replacement. The exception is forms issued in the nineties.

If a foreign employee has provided the Russian Labor Code to the HR department, there is no need to issue a new document. It is enough to continue to make notes on the sheets of this form.

Legal standards

Based on the main requirement of the Labor Code of the Russian Federation, each employee who has worked in one place for more than five full working days must have an employment contract and work book. There are absolutely no exceptions to the rules - this applies to all production employees, including foreign citizens.

The difficulty is that foreign citizens are different from foreign citizens. If foreigners come to us from neighboring countries, then in principle there is no need to explain to them what kind of document it is and what it is for. When applying for a job, such people will most likely show you their work record.

There are other cases when workers arrived from countries where the work book is not used or is generally unknown as an official document. In this case, you need to explain where a foreigner can get a work book. If he is not going to change his place of work, then he needs to arrange it himself.

Is it necessary to take into account the overseas experience of a foreign employee?

In practice, work experience earned by a foreign citizen outside of Russia is not subject to accounting. However, there are exceptions to this rule, contained in the Agreement on Cooperation in the Field of Labor Migration and Social Protection of Migrant Workers, approved on April 15, 1994.

Years worked can be included in the length of service if the employee was employed in one of the states specified in this document (for example, Belarus, Uzbekistan, etc.).

Difficulties with completing the Labor Code form may arise in a situation where the “national” labor document contains errors or incorrect information. In such a situation, you can confirm your experience using certificates and other documents issued from your previous place of employment.

Hiring foreign citizens

The main documents that distinguish the employment of a foreigner from the employment of a Russian citizen are permission to attract and use foreign workers (for employers), a work permit or a patent (for a foreign citizen) (clause 4 of article 13 of the Law of July 25, 2002 N 115-FZ).

The labor activity of foreign citizens in Russia is regulated by Law No. 115-FZ of July 25, 2002. We show in the table in which cases it is necessary for a foreign citizen to have a patent or work permit, as well as in which cases the employer needs to obtain a permit to hire foreign labor:

A list of countries with a description of the entry regime for foreign citizens into Russia (visa, visa-free) is given in Letter of the Russian Ministry of Foreign Affairs dated April 27, 2012 N 19261/kd.

It should also be noted that citizens of other states temporarily staying in Russia can work only in the position specified in the work permit, and only in the region in which they were issued a work permit or patent (clause 4.2 of article 13 of the Law dated 07/25/2002 N 115-FZ). A foreigner temporarily residing in Russia can only work within the constituent entity of the Russian Federation in whose territory he is permitted temporary residence (Clause 5, Article 13 of Law No. 115-FZ of July 25, 2002).

Can a foreigner work part-time?

Anyone, including a citizen of a foreign country, can work part-time in their free time from their main job. At the same time, the legislation does not establish restrictions for either external or internal part-time work.

Is there a corresponding note to be made in the foreigner’s work book?

According to Article 60 of the Labor Code of the Russian Federation, information about additional work can be indicated in the Labor Code form at the place of primary employment on the initiative of the employee himself.

When applying for a part-time job, the legislation of the Russian Federation establishes certain restrictions. For example, a foreign citizen under the age of 18 cannot be allowed to perform such work.

Notice of hiring a foreign worker

When hiring a foreign citizen, the employer must notify the Ministry of Internal Affairs at the foreigner’s place of work about concluding an employment contract with him within a period not exceeding three working days from the date of signing the contract (Clause 8 of Article 13 of the Law of July 25, 2002 NN 115-FZ).

For failure to notify the territorial body of the Ministry of Internal Affairs of the Russian Federation, the employer faces a fine on officials in the amount of 35,000 rubles. up to 50,000 rubles, per employer - from 400,000 to 800,000 rubles. or suspension of activities for a period of 14 days to 90 days (clause 3 of article 18.15 of the Code of Administrative Offenses of the Russian Federation).

How to obtain a work book for a foreign worker?

To fill out a Labor Code form - an old one provided by an employee, or a new one - the personnel officer must have on hand certain documentation provided by both the foreign citizen himself and the company in which he is employed.

When registering a foreigner’s employment, the personnel officer must indicate the following information on the form:

• last name, first name and patronymic of the employee;
• his date of birth;
• specialty and education received;
• about military service (if necessary);
• about transfers to other positions or to other departments of the company;
• reasons for dismissal from previous place of employment;
• about rewards for successful work.

If the TC section is completely filled out, the HR officer must use a special insert to enter additional information. These documents are usually sold along with employment documents, so you do not need to purchase them separately.

Documents required from a foreign employee

Calculation of sick leave for pregnancy and childbirth -. How many days of sick leave is paid per year to an employee?

Registration of sick leave for pregnancy and childbirth -.

When applying for employment, a citizen must provide the HR department with a national passport, a current migration card, a work permit in a specific region, as well as papers confirming registration in Russia.

Additionally, company representatives may request other documents required due to the specifics of the upcoming activity.

Documents required from company management

Foreign citizens who wish to apply for a particular position are in our country on the basis of an issued work visa.

To hire a foreigner, the management of the enterprise must first prepare a draft agreement to be concluded with the future employee.

In addition, the manager is obliged to obtain permission from the Ministry of Internal Affairs of the Russian Federation on the possibility of attracting a foreigner to work in a specific position in a certain region.

Work book for a foreigner: in search of an algorithm of actions

So this imposes a restriction on the maintenance of Belarusian labor records by Russian employers. The second category assumes that when registering a work book for a foreign worker, he will receive a sample labor document established in Russia, since an agreement on the recognition of length of service exists only with Belarus. This makes foreigners from near and far abroad equal to each other, since both are required to start a new work activity. Errors during initial registration Since foreign workers are required to obtain a work book upon first employment, you need to know possible errors that can cause trouble. According to the labor legislation of the Russian Federation, the owner of the labor document is responsible for the accuracy of the information it contains.

How is information about termination of a contract filled out?

When dismissing a foreign employee, it is important to correctly indicate in the Labor Code form the entry on the reasons for termination of the contract. In addition to the wording itself, a reference to the number and paragraph of a specific article of the Labor Code of the Russian Federation is required.

It does not matter on what grounds the employee is dismissed - on his own initiative or due to failure to fulfill his official functions.

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Work permit for foreign citizens

Visas for foreigners to work in 2020, as well as highly qualified specialists, are issued with a work permit. How foreign citizens can obtain a work permit in Russia is defined in Order of the Ministry of Internal Affairs of Russia dated November 1, 2017 N 827.

Work permits for foreigners (arriving under a visa regime, highly qualified specialists) are issued by the Main Directorate for Migration of the Ministry of Internal Affairs of Russia, as well as by the migration departments of the territorial bodies of the Ministry of Internal Affairs of Russia (clause 22 of Order of the Ministry of Internal Affairs of Russia dated November 1, 2017 N 827).

To obtain work permits for foreign citizens temporarily staying from countries with a visa regime with Russia, the employer submits the following package of documents (clause 45 of Order of the Ministry of Internal Affairs of Russia dated November 1, 2017 N 827):

• an application for a work permit separately for each foreigner in the form approved by Order of the Ministry of Internal Affairs of Russia dated August 14, 2017 N 637;
• a copy of the foreigner’s identity document;
• a medical report on the presence (absence) of infectious diseases in a foreign citizen in the form approved by Order of the Ministry of Health of Russia dated June 29, 2015 N 384n;
• certificate of absence of HIV infection in a foreigner.

The decision to issue a work permit to foreigners temporarily staying in the Russian Federation in a manner requiring a visa is made within 15 working days from the date of receipt of documents (clause 31 of Order of the Ministry of Internal Affairs of Russia dated November 1, 2017 N 827).

It is important for employers to pay attention to two points in the work permit of a foreign worker:

• the territory of validity of the permit indicated on the back of the document must coincide with the region where the migrant will actually work;
• The profession (specialty, position, type of work activity) of the foreigner must correspond to that specified in the work permit.

Read about how to obtain a work permit for highly qualified specialists in a separate consultation.

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Personnel department employees who employ foreigners are faced with a lot of nuances. Does a foreign worker need a work book?

Which form should I use? How to fill it out? What documents may be required? You can find answers to all these questions in this article.