Algorithm for dismissal of a foreign citizen at his own request + sample documents

What has changed since 2021

From January 1, 2021, a new order of the Ministry of Internal Affairs of Russia dated July 30, 2020 No. 536 is in effect, which approved:

• forms and procedure for filling out an application from a foreign citizen (stateless person) to engage him as a highly qualified specialist;
• forms and procedure for notifying the Ministry of Internal Affairs or its territorial body about the conduct of labor activities by a foreigner (stateless person) on the territory of the Russian Federation.

A similar order of the Ministry of Internal Affairs dated 06/04/2019 No. 363 loses force on January 1, 2021 due to the publication of the Government of the Russian Federation Resolution No. 1110 dated 07/24/2020, which cancels outdated and unnecessary mandatory requirements (the so-called regulatory guillotine).

Let us say right away that the differences between the new sample documents and the forms in force in 2021 are not significant. Thus, in the notice of termination of the employment contract, the numbering of paragraphs has been changed. The employer no longer needs to provide additional information.

In addition, a new procedure for notifying the Ministry of Internal Affairs has been in effect since 2021. It has been clarified what the certification inscription on a document of 2 or more sheets should look like after stitching and numbering: on the back of the last sheet, the authorized person who submits the notification regarding the foreigner must indicate:

• number of sheets;
• surname and initials;
• your signature.

The main reason for the introduction of new forms of notifications and regulations for them (sequence of actions) is the need to determine the procedure for submitting notifications about such employment by organizations providing employment services to foreigners (stateless persons) on the territory of the Russian Federation. In addition, the peculiarities of law enforcement practice are taken into account.

The obligation to send a notification to the territorial body of the Ministry of Internal Affairs of Russia is established by Federal Law No. 115-FZ of July 25, 2002 “On the Legal Status of Foreign Citizens.”

Why do you need to draw up a notice of dismissal of a foreigner?

In accordance with paragraph 8 of Art.
13 of the Law “On the Legal Status of Foreign Citizens” dated July 25, 2002 No. 115-FZ, Russian employers are required to notify the territorial internal affairs body both about the hiring of employees with foreign citizenship and about their dismissal. In case of violation of this norm, the employer faces an impressive fine - up to 800 thousand rubles. (clause 3 of article 18.15 of the Code of Administrative Offenses of the Russian Federation). For Moscow, the Moscow region, St. Petersburg, as well as the Leningrad region, the maximum amount of sanctions is even higher - up to 1 million rubles.

A notice of dismissal of a foreigner must be sent to the Department of Internal Affairs within 3 days from the date of termination of the employment (or civil) contract with him.

ConsultantPlus experts explained the nuances of dismissing a foreigner. Get trial access to the system and move on to the Ready-made solution.

Read about the specifics of hiring foreigners in this article .

Sample documents from 2021

Further, using direct links from our website, you can download for free samples of documents required from 2021 to notify the Ministry of Internal Affairs about a foreign worker.

Appendix No. 1 to the order of the Ministry of Internal Affairs dated July 30, 2020 No. 536: Appendix No. 3 to the order of the Ministry of Internal Affairs dated July 30, 2020 No. 536: Appendix No. 5 to the order of the Ministry of Internal Affairs dated July 30, 2020 No. 536: Appendix No. 7 to the order of the Ministry of Internal Affairs dated July 30, 2020 No. 536: Appendix No. 8 to the order of the Ministry of Internal Affairs of July 30, 2020 No. 536:

Fine for failure to comply with the form and/or procedure for notifying the Ministry of Internal Affairs (Part 3 of Article 18.15 of the Code of Administrative Offenses of the Russian Federation):

• for officials – from 35,000 to 50,000 rubles;
• for organization – from 400,000 to 800,000 rubles. or suspension of activities for a period of 14 to 90 days.

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23.04.2020

Dismissal

The procedure for dismissing a foreign citizen is standard. Dismissal procedure:

• application for dismissal or the presence of an order from management with the specified grounds;
• working out if necessary;
• calculation and issuance of all documents;
• tax notification;
• sending a notification to the Ministry of Internal Affairs.

Important! Payments to an employee who has foreign citizenship are carried out on a general basis, that is, all due funds must be paid based on the reason for dismissal. For example, if there is a layoff, there is an additional payment in the form of compensation. In case of any failure to comply with these rules, the dismissed foreigner may sue and be reinstated.

It is worth considering that documents must be sent to the authorities strictly on time, that is, within three days. Penalties for late delivery:

• 7,000 rubles if the employer is an individual;
• 75,000 rubles – to an authorized person;
• 1,000,000 – legal entity.

These fines are the maximum, but if there are extenuating circumstances, the amount may be reduced.

If the regulatory authority is incorrectly notified, the company or organization may be deprived of accreditation for up to 1 quarter, that is, activities are suspended for a maximum period of three months.

It is worth considering that citizens who have a permanent residence permit do not require notification to the regulatory authorities.

All grounds for dismissal are divided into two categories: general and introduced only for foreigners. A notice must be prepared and filed in any case.

Read also: Early dismissal during liquidation of an enterprise

How long does it take to submit a notice of termination of a contract with a foreigner?

This must be done within 3 working days from the date of termination of the employment relationship. But previously, the three-day notice period began on the same day the relationship was terminated.

According to the new Order of the Ministry of Internal Affairs No. 11, the period now begins the day after the termination of the relationship. For example, according to the order for the enterprise, the migrant resigned of his own free will on May 15, 2018. The notice period begins on 16.05. The notice deadline expires on May 19 of the current year.

But May 17 and 18 fell on Saturday and Sunday this year. Therefore, they should be skipped. Then the deadline will expire on May 21 of the current year.

Where to submit a notice of termination of a contract with a foreign citizen

The notification must be submitted to the territorial migration office. Previously, documents were submitted to the FMS office at the employer’s location.

In 2021, this government body was annexed to the Ministry of Internal Affairs. Now this structure is in charge of issues related to population migration, including from other countries.

You can send a notification in the following ways:

• Personally bringing him to the OMV at his location. The document must be properly registered. Only after it has been assigned an incoming number will it be considered that the authorized body has been notified on time;
• Using Russian Post. A notification letter must be sent. The letter must have a postage stamp. According to this stamp, it will be clear whether the employer met the deadline or not.

There is no possibility of submitting a notification through the official website of the Main Directorate for Migration of the Ministry of Internal Affairs of the Russian Federation.

How to fill it out correctly?

Notice of dismissal of a foreign citizen and termination of an employment contract with him is filled out using a unified form.

The grounds for termination of relations can be: initiative of the employer or subordinate, agreement of the parties, expiration of the contract.

Regardless of the grounds for dismissal, the employer is required to complete and submit a notification form within the prescribed period.

In addition to the fact of dismissal, there are special grounds for filing a notice, outlined in Article 327.6 of the Labor Code of the Russian Federation:

• expiration of the work permit;
• cancellation or termination of the period of validity of a residence permit, patent, temporary residence permit;
• discrepancy between the number of foreign workers and the law;
• inability to temporarily transfer an employee or provide him with a similar position.

The new form is filled out in the form of an electronic document or on paper.

Corrections and abbreviations are not allowed on the form (only “official”).

The completed document is signed by the head of the enterprise or his legal representative. In the second case, the citizen’s passport details and details of the power of attorney, which gives the employee such powers, must be indicated.

Information contained in the notification to the Ministry of Internal Affairs:

• name of the recipient of the form;
• employer status (legal or private entity, foreign branch or representative office, notary or lawyer);
• type of activity of the employer (OKVED);
• the name of the employer and his registration data (registration document number, tax identification number, checkpoint, legal address and contact telephone number);
• Full name of the foreigner, his citizenship, place and date of birth, passport details, migration card details, residence address;
• information about permits that allow a citizen without Russian citizenship to carry out labor activities;
• the type of contract being terminated (employment or civil law) and the date of its termination.

The accuracy of the information specified in the form is certified by the signature of the employer.

In the block about permitting documents, you must enter the details, validity period and name of the document.

If a foreign employee does not have a permit, then the data of the international agreement or legislative act on the basis of which this employee is allowed to work in Russia is written down.

The foreigner’s profession is also entered in accordance with the OKPDTR classifier codes or OKSO (OKZ) codes in the code and letter designation.

It must be stated whether the dismissal was initiated by a foreign employee by marking “X” or “V” in special cells.

If the notification is received by the department of the Ministry of Internal Affairs responsible for working with migration processes, then the corresponding entry is made in the journal and a number is assigned to the form in order. The employer is issued a certificate confirming acceptance of the document.

Unlike the previously valid notification form, the form should not indicate the profession in accordance with the OKSO classifier; it is enough to indicate the position specified in the employment contract when hiring.

All required fields are filled in in the document. If there is not enough space on the main form to fill in all the information, then an additional sheet is attached. It indicates the serial number and name of the field where the missing information and full name of the foreigner are entered.

The notice of termination of the contract and all additional sheets are numbered and laced together. The last page contains the certification note.

and sample notification

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Important nuances of registration when terminating a contract with an employee

The form should be filled out with the utmost care, and the notification must be submitted exactly on time.

The employer can also notify the Ministry of Internal Affairs of termination of the contract in cases where:

• the employee’s qualifications do not suit the employer;
• the foreigner disappeared, ran away (early termination).

A separate document should be generated for each dismissed foreign employee.

When the initiative to terminate the employment relationship comes from the employer or the termination of the contract occurs upon expiration of its validity period, the foreign citizen should be notified about this in advance.

If during his working life a citizen received a Russian passport, he falls out of the field of view of representatives of the migration control authority. In relation to such employees, the manager is not responsible to the migration authorities.

Termination of employment relations with a foreigner under a patent has its own peculiarities. According to Federal Law No. 115, an employer cannot employ a foreigner after the expiration of his patent. To begin with, in accordance with the provisions of Art. 327.5 of the Labor Code of the Russian Federation, the employee must be suspended for 1 month (time to obtain a new patent), and then dismissed under clause 1 of Art. 327.6 Labor Code of the Russian Federation.

Foreigners are charged income tax (30%) on the amount of their earnings, and often tax officials also insist on notifying their service about the termination of the employment relationship with a foreigner.

This action is not mandatory, forms and deadlines are not established. Tax authorities will receive data on the dismissal of employees from reporting.

For additional security, you can send to the Federal Tax Service, where the taxpayer is registered, a simple written notice of the dismissal of a citizen of another country.

Peculiarities of employment of foreigners

Some features of accepting foreigners to work places:

• a legal entity has the right to enter into an agreement with a foreign worker only after the latter reaches 18 years of age;
• a citizen who comes from abroad can choose any type of activity or profession (Part 1 of Article 13 of Federal Law No. 115).

In addition, when hired, a foreign person, just like a Russian person, is issued a work book and is provided with exactly the same guarantees provided for by the statute. 64 Labor Code of the Russian Federation.

Preparation of documents upon dismissal of a foreigner

When terminating an employment contract with a foreign employee, the employer is required to fill out a number of documents:

1. Order of dismissal.
2. Employee personal card T-2.
3. Employment history.
4. Notification of termination of an employment contract with a foreign citizen or stateless person.

Dismissal of a foreign employee at the initiative of the employee

A foreign employee can be dismissed at his own request. In this case, it is necessary to consistently perform a number of actions in accordance with the Labor Code of the Russian Federation:

Documentation

The dismissal of a foreign employee is formalized by order. It is most convenient to use the unified T-8 form, in the fields of which you only need to enter information about the company and the employee.

The basis for issuing the order is:

• Statement from the employee himself
• Expired employment contract
• Act on the commission of a disciplinary offense by an employee
• Report on unsatisfactory test results, etc.

The employee gets acquainted with the order against signature. Then, based on the order, entries are made in the personal card and work book, and the accounting department makes calculations.

Common grounds for dismissal of a citizen of another state

Today, a foreigner can be dismissed from his place of work on general grounds, in accordance with current labor legislation. Such reasons include:

• expiration of the concluded contract;
• care at will;
• dismissal by agreement of both parties to the employment relationship;
• unilateral termination of a contract initiated by the employer;
• change of place of work;
• dismissal beyond the control of the parties to the employment agreement.

Additional reasons for a foreign employee leaving work

The principles and reasons for dismissal are regulated by Ch. 13 TKRF. They can apply to both foreigners and citizens of the Russian Federation. However, when foreigners are dismissed, most often the dismissal occurs on additional grounds. Among them:

1. the company has an overstaff of foreign employees;
2. the employer’s document permitting the employment of citizens of another state has expired;
3. the foreign employee's patent, health insurance policy and/or registration have expired.

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:

1. Fill out the forms for notice of dismissal of a foreigner
2. 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
3. Each form must be clearly stamped by the dismissing organization
4. The notice shall be sent by registered mail, e-mail, or submitted in person.
5. 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

Notification of the Ministry of Internal Affairs (FMS) about hiring a foreign citizen

When hiring a foreigner, the employer must send a notice of employment of a foreign citizen to the Federal Migration Service.
The step-by-step process of submitting a notification to the Ministry of Internal Affairs (FMS) about hiring is as follows:

1. Filling out notification forms for employment 2. Checking the completed forms for errors 3. Placing the organization’s seal on the completed forms 4. Submitting a notification to the Federal Migration Service in person or by mail 5. Receiving the detachable part of the notification of hiring a foreigner with the seal of a government agency.

Important!

A notification from the Ministry of Internal Affairs (FMS) about concluding an employment contract with a foreign citizen must be sent within 3 days from the date of signing this contract.

In other words, the employer has only 3 working days to notify the Ministry of Internal Affairs about hiring a foreigner, and the countdown begins not from the current date of conclusion of the contract, but from the next day after the conclusion of the contract with the foreign citizen.

For example, you entered into an employment contract with a foreigner on May 14, 2019, then the deadline for submitting a notice of employment to the Ministry of Internal Affairs will be May 17, since the countdown of the three-day period will begin on May 15, that is, the next day after the conclusion of the employment contract.

A notification of concluding an employment contract with a foreigner must be submitted for each employed employee.

A notification from the Main Directorate of Migration Affairs of the Ministry of Internal Affairs (FMS) about hiring foreigners must be sent if you employ both visa-free and visa-free foreign citizens, as well as citizens with a temporary residence permit or residence permit.

In other words, notification of the Ministry of Internal Affairs (FMS) is required when hiring any foreign citizen, regardless of his status in the Russian Federation, without exceptions.

In particular, it is necessary to notify the Ministry of Internal Affairs (FMS) about the employment of foreign citizens with a residence permit (residence permit) in Russia, and it is also required to notify about the conclusion of an employment contract with citizens of Belarus.

The employer can provide notice of hiring a foreign citizen in person or by registered mail with acknowledgment of receipt and a list of enclosures.

Attention!

If you are going to send notifications about the conclusion of an employment contract or a civil contract with a foreign citizen to the FMS by mail, carefully check the completed employment notification form, since if there are errors, the notification will not be accepted by the FMS services, which in turn will lead to the company is subject to a fine and other liability for untimely notification of the FMS about foreigners in the organization.

You can notify about hiring and concluding an employment contract with a foreign citizen in 2021 here or try to find the same form for notifying about the employment of a foreign citizen on the official resource of the Main Directorate of Migration of the Ministry of Internal Affairs.

You can download instructions for notifying the employment of foreign citizens here.

How to fire a foreign citizen: step-by-step instructions

The procedure for dismissing a foreign employee looks like this:

1. The director receives an application from a subordinate, or decides to dismiss on his own initiative if there are grounds, then issues an appropriate order.
2. The person leaving gets acquainted with the order against signature. If he refuses to sign, a note to this effect is made on the document in the presence of two witnesses.
3. On the last working day, the employee is given all the documents and a full payment is made.

Note! From most payments, employers are required to withhold personal income tax, contributions to the Social Insurance Fund and the Compulsory Medical Insurance Fund, for payments for the insurance part of the pension. The deduction is made on the day of payment of earnings, and the money itself is transferred to the budget no later than the next day.

Payments and documents upon dismissal

A foreign employee is entitled to the same monetary payments as a Russian citizen:

• Salary for the last period worked
• Prizes and other incentives
• Various allowances provided for in the contract
• Compensation for all vacation days that were not used at the time of dismissal

The list of payments depends on the grounds. For example, during liquidation, severance pay is due, in addition to salary for time worked and vacation compensation. If an employee submits an application while on sick leave or falls ill within 1 month after dismissal, the disability is also compensated by the employer.

On the last day of work, the quitter is given:

• employment history;
• diploma of education;
• 2-NDFL certificate on the status of the individual income tax in the Pension Fund of Russia;
• certificate of average earnings.