The stay of citizens of another state on the territory of Russia must always be legal; accordingly, all manipulations with documents and registration of employment of such citizens must also be carried out strictly within the framework of the law.
Perhaps, as an entrepreneur, you may already have encountered difficulties in officially applying for a job as a foreigner. They could even call this process a headache, but looking for “simpler” ways in this regard, such as hiring illegal immigrants, is not a way out of the situation, since such steps can result in large fines for your company and damage for your business.
>>> Subscribe to our channel on
In this article we will look at issues related to the legal status of foreign workers and the rules for hiring them in 2018.
Foreign citizen status
The first thing you should do is find out the status of a foreign citizen. The procedure for applying for a job for your future employee depends on this. There are three statuses in total:
- temporarily staying on the territory of the Russian Federation. This category includes foreign citizens who work on a visa or migration card;
- temporarily residing in Russia. These are those foreigners who have a temporary residence permit in the country, issued for a period of up to 3 years;
- Foreign citizens permanently residing in Russia who have a residence permit issued for a period of 5 years (the document can be extended as necessary).
What documents will be required from you when applying for employment with a temporary residence permit?
The list of securities is given in Articles 65 and 327.3 of the Labor Code of the Russian Federation. If you have received a place in an organization, then, as of 2021, you will need to provide:
- Passport.
- Work book. The document is not required if the employee has never worked before or if it is issued part-time. Also, the book does not need to be provided if such a document is not used in the foreign employee’s home country.
- SNILS. It is registered with the Pension Fund at the place of permanent residence. If you are employed for the first time, the employer provides the insurance certificate.
- TIN. Receive the document from the tax office at the place of registration.
- Compulsory health insurance policy. To obtain a compulsory medical insurance policy, contact any insurance company. The document allows you to visit doctors free of charge, receive treatment in government institutions, and take out sick leave.
- In some cases, the employee is required to provide a military registration document and a certificate of absence of administrative violations related to drug use .
Hiring a foreigner with a residence permit
A foreign citizen who has a residence permit is hired in the same way as a Russian citizen. In this case, no additional permits are required, but the employer needs to carefully check the validity period of the residence permit.
In addition, when hiring such a foreigner, you must notify the territorial office of the Russian Ministry of Internal Affairs about the conclusion of an employment contract within three days. This rule is established by paragraph 8 of Article 13 of the Law on the Legal Status of Foreigners. And there are no exceptions for permanent resident foreigners.
conclusions
Termination of employment relations with a foreign employee is carried out legally.
In order to lawfully dismiss a foreign citizen, it is necessary to follow the established procedure, draw up the appropriate documentation, and fill out the work book of the retiring employee. In addition, a full settlement is made with the departing employee.
Another point is sending proper notification to the competent government agency about the fact of dismissal of a foreign worker.
Failure to comply with this procedure may result in the employer being subject to administrative liability.
Hiring a foreign citizen with a temporary residence permit in Russia
The admission of a foreigner who has a temporary residence permit in Russia is carried out in the same way as the admission of a citizen of a foreign state who has a residence permit here. However, it is worth noting that such an employee must annually confirm his status as a temporary resident with the migration service.
Employment of temporarily staying foreign citizens
It is this category of foreigners that, according to paragraph 1 of Article 2 of the law on the legal status of foreign citizens, belongs to foreign workers. The procedure for hiring them will depend on whether the foreigner needs a visa to enter Russia or not.
Employment of a temporarily staying visa foreigner
To hire a temporary resident visa foreigner, you need to perform a number of actions:
- send an application about the need for specialists to the employment service so that government authorities confirm the feasibility of attracting foreign workers;
- submit an application to the migration service for permission to attract and use foreign workers;
- pay the state duty, which is 10,000 rubles for each foreign worker;
- submit an application to the territorial branch of the Federal Migration Service of Russia to issue an invitation to enter a foreign citizen.
Within 20 working days after this, you will need to be issued an invitation, for which you will need to pay a state fee of 800 rubles.
After this, you will need to contact the Main Department of Migration of the Ministry of Internal Affairs of Russia for a work permit for a foreigner. You will need to draw up a package of documents, which must include an application, a photograph of the foreigner, and a copy of the passport. You will also need to pay a state fee of 3,500 rubles.
After this, you will be able to notify the migration service about the arrival of a foreigner (this must be done within up to 3 days) and conclude an employment contract with him.
We calculate and pay taxes and contributions from a migrant’s salary
For an employed foreign citizen with the status of a temporary stayer who arrived in the territory of the Russian Federation in a manner that does not require a visa, the employer must pay the following taxes monthly
- Personal income tax 13%
- Contributions to the Pension Fund 22%
- Contributions to the Social Insurance Fund 0.2% + Social Insurance Fund 1.8%
Important!
An employee's salary must be no lower than the industry average or the minimum established in the region. For St. Petersburg in 2021, the minimum wage is 19,000 rubles.
In addition, you cannot pay different salaries to foreigners and Russians in the same position.
Otherwise, the salary commissions will force you to accrue additional wages to employees, pay all “saved” taxes and impose a fine of 20% of the amount of unpaid taxes.
Important! All taxes and reports must be submitted on time and in the correct form.
Attention! Reporting for Russian and foreign citizens is different.
In addition, the last name of a foreign citizen in SNILS and in the Patent is often written in different ways. The Main Directorate for Migration Affairs of the Ministry of Internal Affairs and the Tax Service require that in their documentation the last name of a foreign citizen be identical to the entry in the Patent or Work Permit, but the Pension Fund of the Russian Federation requires that the spelling coincide with the entry in SNILS.
This causes a lot of difficulties for the accountant, since some of the reports have to be corrected manually and a different spelling of the surname must be entered.
For this reason, company managers are often forced not only to send their accountants to special courses, but also to hire additional employees to maintain complex accounting and personnel records of foreign workers.
Employment of a temporarily staying visa-free foreigner
In order to hire a foreigner who does not have a visa, you will not need to obtain permission to attract and use foreign workers. However, in this case the foreigner himself will need a patent to work in Russia.
The patent form was approved by order of the Federal Migration Service of Russia dated December 8, 2014 No. 638. The cost of a work permit is calculated taking into account the region of work activity and the period.
Foreign citizens who get a job under a patent can only find work in those regions where it was issued. It should be taken into account that without a visa, such an employee can work in one company for no more than two years in a row. After this period, the foreign citizen will have to leave the territory of the Russian Federation and re-enter. Only then does he go to the authorized agency to obtain a new patent as a newly arrived foreigner.
In order to apply for a patent, a foreigner (or his authorized representative) must submit an application and a complete package of supporting documents to the Main Department of Migration Affairs of the Ministry of Internal Affairs of Russia. After checking the information provided, the applicant will be issued a permit document. Payment of fees and legality of stay in the country are recognized as mandatory conditions for the validity of a patent.
Important! In 2018, a work patent for foreign citizens is issued for a period of 1 month to a year. However, it can be extended for a period of one month.
The received patent can be extended, but this issue will need to be taken care of at least 10 days before the expiration of the document. The basis for increasing the period is the employer’s request.
If the patent has expired, then the contract with the foreign employee must be terminated or such employee must be temporarily suspended from performing official duties.
Foreigners who temporarily or permanently reside in Russia do not need to obtain a patent.
Citizens of the CIS countries (Belarus, Armenia, Kyrgyzstan and Kazakhstan) can work in our country without issuing any additional permits. This is provided for by the Treaty on the Eurasian Economic Union of May 29, 2014. A work patent is required for citizens of Abkhazia, Azerbaijan, Uzbekistan, and Ukraine.
The patent rule does not apply to citizens of the DPR, even those temporarily staying, since this category of applicants has refugee status and, in accordance with the law, should not buy a patent.
Applying to the labor exchange
Now we know that you can get a job with a temporary residence permit. And not only is it possible, but it is also necessary. Permission requires confirmation. In order not to miss their chance to stay in Russia, citizens must receive a permanent income on its territory.
Sometimes it happens that for some reason a person was unable to get a job with a temporary residence permit, in this case there are two options for continuing events:
- Receive unemployment benefits, as native citizens do.
- Officially get a job through the stock exchange.
This is what registration at the place of stay in Moscow looks like
In the first case, you must have permanent registration. But in both cases you should contact the labor exchange. In order for your request to be taken into account, you need to provide a package of documents containing the following:
- ID card of a foreign citizen;
- RVP;
- an application signed and filled out in person;
- papers confirming that you have qualifications in a certain field;
- documents on the education received (if available);
- a certificate of income for the previous 3 months, if you received any money during this period.
Sometimes they may also require a work record book or a copy of it.
Lack of employment through the exchange
Employment through the exchange has a drawback: this service does not place both compatriots and foreign citizens with a temporary residence permit in the most profitable places. The list of offers for citizens who contact the service will be something that is neither prestigious nor highly paid. It is not at all necessary that you will be offered employment in your specialty.
Another option for foreign unemployed people to find a decent job is to contact a recruitment agency. With RVP, this is also allowed.
A recruitment agency will help you find a job with reputable employers
Fines
If an employer neglects the rules for hiring foreigners, then sanctions may be applied to him in the form of an administrative fine, the amount of which will depend on the legal status of the violator.
If the employer does not submit a notification to the Ministry of Internal Affairs or violates the deadlines for filing or the form for submitting the notification, then in cities of federal significance, such as Moscow and the region, as well as St. Petersburg and the Leningrad region, a fine of
- from 5,000 to 7,000 rubles for citizens of the Russian Federation (individuals);
- from 35,000 to 70,000 rubles for officials;
- from 400,000 to 1,000,000 rubles for legal entities.
Also, as a punishment, it is possible to suspend the activities of the organization for a period of 14 to 90 days. As you understand, it is not in your interests to ignore the rules established by the state.
Algorithm for submitting a notification to the Main Directorate for Migration Affairs of the Ministry of Internal Affairs
When filling out the form, you cannot shorten, cross out, or correct words, otherwise it will be considered invalid. All entries must be in Russian only. If the data in the foreign worker’s passport is written in Latin letters, then they are also transferred to the form in Latin letters.
Notification algorithm:
- Fill out the forms for notice of dismissal of a foreigner.
- Be sure to check the completed form for inaccuracies and errors. If errors are detected by migration service employees, the notification will not be accepted. In turn, this will entail the imposition of a fine on the employer for late submission of notice of dismissal of a foreign employee.
- Each form must be clearly stamped by the dismissing organization.
- The notice shall be sent by registered mail, electronic mail, or submitted in person.
- Receive a tear-off notification coupon with the seal of the migration authority.
The employer should pay attention to the following nuances:
- when carrying out the labor activity of an employee under a patent, another form is filled out, according to which in the notification field “Name of the document” - write “Patent”;
- in case of cancellation of temporary registration, indicate the date of its cancellation in the column “Date of termination of the employment contract”;
- when dismissing at your own request, indicate that the employment agreement was terminated at the request of the foreigner.
