The rapid development of business and production in our country is currently accompanied by labor migration both within the state and foreign citizens. In general, the order of employment depends on where a particular citizen came from. A work permit for foreign citizens is a document that can be obtained only after passing the procedure specified by law. We’ll try to deal with it in detail.
Is it possible to do without permission?
In principle, while adhering to the law when applying for a job as a foreigner, there should not be any special difficulties. As a rule, CIS citizens go to Russia to seek work. Such categories of entities will necessarily need to obtain permission to work in the Russian Federation. Without such a document, no enterprise can officially enroll a foreigner in its staff.
A work permit for foreign nationals places employers in the scope of the law. Indeed, in this case, visitors become protected, they are subject to the norms of the labor code, and they will also receive social guarantees. In the case of illegal work, the employee has no guarantee that he will be paid a salary, leave, sick leave, etc. In addition, if the regulatory authorities find that the company has employees who do not have a work permit, the management will expect a serious fine.
How to get permission?
To get the necessary permission, you need to perform the following algorithm of actions:
- Write an application to your local employment center in any form.
- This document should justify the need to hire a citizen of another country. It will also be necessary to prove that such an employee will have all the necessary conditions for work in the company.
- Provide information on the total number of foreign specialists who work at your enterprise (organization).
- And finally, you need to contact the law enforcement authorities, where they get a work permit for foreign citizens. It is worth noting that it is issued for one year on the basis of a decision of the employment center.
Required documents
To be able to hire foreign citizens, the employer must provide the following documentation:
- application for permission;
- a decision from the employment center regarding the justification of the need to hire a foreign specialist;
- certificate of company registration ;
- constituent documents;
- draft employment contract with a foreigner;
- data on people who arrived from another country and intend to get a job in a particular company (this information cannot be transferred to third-party organizations, and a foreigner cannot be transferred to another company).
How many times do you need to get permission?
In general, these are all necessary documents. A work permit is issued only for work in one competitive company, and foreigners cannot be involved in other places. But what if the employer, for example, liquidates the enterprise? In this case, the issued permit will cease to be valid. The fact is that this document is issued only for one employer, respectively, if the employee stops working for him, then he will not be able to get the same paper in another place. To do this, you will have to get a new work permit for foreign citizens.
Classification of foreigners
It should be noted that for all foreigners (both with a visa and without it) there is a certain classification.
- Citizens of another country who are temporarily in the Russian Federation. Such persons stay in Russia on a migration card. They have the right to reside in the country for no more than 90 days. Moreover, the presence or absence of a visa does not play a role at all.
- People who temporarily reside in Russia. This category of persons is allowed to stay in the country up to 3 years. In addition, to confirm his status, a person every year must not only issue a work permit, but also contact the FMS.
- Persons permanently residing in Russia. In particular, we are talking about foreign nationals who have received a residence permit in Russia (residence permit). Thus, these citizens are recognized as permanent residents of the Russian Federation.
All foreigners who temporarily live or are temporarily in the state are required to obtain permits for work in the migration service (territorial or federal). After crossing the border, visitors fill out a migration card.
To get a job, a migrant or employer representative needs to contact the FMS with the following documentation:
- a copy of the passport (if necessary, translate it into Russian);
- plastic migration card;
- receipt of payment of duty;
- 3 x 4 photograph;
- in order to get permission to work in Russia, you must also write an application.
The employer, in turn, is obliged to inform the employment service and the FMS about the employment of a foreigner.
Foreigners and tax
Tax legislation has its own classification of foreign citizens depending on their membership in a certain tax rate. The first group includes non-residents. Under the Tax Code, all citizens of other countries, if they have been in Russia for less than 183 days, are considered tax non-residents.
Therefore, in addition to the fact that it is necessary to obtain a work permit for foreign citizens, the law obliges the employer to obtain a document that indicates that the employee has been in Russia for no more than 183 days. The amount of personal income tax in the amount of 30% will be withdrawn from such persons. After the term of stay in the state ends, you will need to do a recalculation. But, on the other hand, in fact, the employer cannot track the departure of a foreign specialist. And in such a situation, the end time of the employment contract will automatically be considered the end of the stay of such a person in Russia. If at a rate of 30% the calculation was not made, and a tax debt was formed for the employee, but the employee has already left, then they cannot demand the accrued amount from the employer.
A completely different situation is when a foreigner stays in the Russian Federation for more than 183 days. Such entities will be considered residents and may pay a tax of 13%. If a foreigner has received permission to work in Russia and can present documents that he has been in the country for more than 183 days, then the company must recalculate at a rate of 13%. All excess funds withheld must be returned by the employer to the foreign employee.
Exceptions
The law provides that in some cases certain individuals may not receive a work permit. The list of such persons is quite wide, here are some of them:
- Consulate staff
- people who study in Russia and want to work on vacation;
- ambassadors and employees of diplomatic consulates;
- Journalists who have been accredited in Russia;
- employees of international organizations;
- participants in various programs to return to the Russian Federation Russian citizens who lived abroad;
- scientists, teachers, scientists;
- representatives of foreign firms (manufacturers or suppliers);
- other categories of persons.
In addition, there are industries in which foreigners cannot work and, accordingly, in such cases, obtaining a work permit will be excluded. So, foreigners are not accepted:
- into the Russian army and other formations;
- for military production;
- for state or municipal service ;
- in military aviation (namely, in the crew);
- to nuclear production;
- in departments that ensure the preservation of state secrets.
When can they refuse?
In some cases, you may not be given a work permit. FMS, in particular, has the right to refuse in such cases:
- if a citizen threatens the security of the Russian Federation (stands for violent changes to the Constitution, finances terrorism, engages in extremist activities, etc.) .;
- during the five years that preceded the application was expelled from Russia;
- filed false information about himself;
- was convicted of a particularly serious, serious crime or committed a relapse;
- is a drug addict;
- other cases.
Permit cost
The exact cost of a work permit will be difficult to name. A foreigner will have to pay a state fee of up to 40 rubles, and also spend money on obtaining various certificates, a certificate for the absence of HIV infection, etc. If you seek help from intermediary companies, you will have to pay from 2000 rubles or more.