The hiring of foreign citizens by Russian employers is legal if foreigners are legally located in the Russian Federation. The design process, however, is accompanied by a number of difficulties. Some employers, not wanting to follow formalities, shy away from complying with legal requirements. As a result, conditions are created for illegal immigrants seeking an affordable, but low-paying job.
You need to know that such dishonest actions entail negative consequences for business. Large fines may be imposed on managers and persons responsible for hiring foreign nationals .
Normative base
The increase in the flow of migrants, the need for clear regulation of the procedures associated with the employment and dismissal of foreigners led to the adoption of the Law "On the Legal Status of Foreign Citizens in the Russian Federation " 115-FZ. The regulatory act highlights key issues relating to the stay of foreigners in the country, the procedure for applying for jobs at domestic enterprises and dismissing them.
Until recently, the FMS carried out registration of migrants entering and leaving . When hiring foreign citizens, the employer notified the migration service of the conclusion of an employment contract. Currently, the functions of the service are transferred to the Ministry of Internal Affairs.
Migrant status
When hiring a foreign citizen, it is necessary to determine what category he belongs to. The further actions of the employer will depend on this. There are three categories of foreigners:
- Living permanently in Russia with a residence permit.
- Received a permit for temporary residence and work.
- Having a visa and working on a migration card.
In fact, foreigners are divided into permanent and temporary residents in Russia.
In accordance with the Law on the Legal Status of Foreign Citizens in the Russian Federation , the employer must notify the Ministry of Internal Affairs of the conclusion of a contract with a migrant. This requirement is established in article 13 of the regulatory act. The rule applies to the admission of a foreigner of any of the above categories.
Step-by-step instruction for hiring foreign citizens with a temporary permit
Their employment is executed according to the same rules as the admission of migrants with a residence permit and living in the country permanently. The law, however, provides for the obligation of these persons to confirm their temporary residence status.
The procedure for applying for a job will depend on the absence / availability of a visa. If a foreigner has it or it is supposed to be drawn up in the future, the employer must:
- To apply to the territorial unit of the employment service with a statement on attracting a foreign citizen to work. His application will be considered, a decision will be made on its satisfaction or refusal to do so.
- Submit an application to the territorial division of the Ministry of Internal Affairs. This body issues permits for migrant work in Russia.
- Pay state duty for each employee. It is 10 thousand rubles / person.
- Apply for an invitation to enter Russia. To do this, contact the territorial division of the Ministry of Internal Affairs. Issuing an invitation will take 20 days. Upon receipt of the document, the employer must pay the state fee (800 p.).
- Form a package of documents. It usually includes photographs of a migrant, a copy of his passport, a statement from the employer.
- Get permission to work as a foreigner in the territorial division of the Ministry of Internal Affairs. At the same time, it is necessary to pay the state duty of 3.5 thousand rubles.
The invitation must be sent to a foreigner. After his entry into the territory of the Russian Federation within three days, a notice of employment of a foreign citizen with whom an agreement is concluded is sent to the Ministry of Internal Affairs.
Features of registration of persons without a visa
Since 2015, these citizens must obtain a patent for a job. In Moscow, the flow of migrants is especially large, so the process of paperwork is tightly controlled. A patent is required for foreigners:
- Have come of age.
- Arriving in the Russian Federation for employment.
- Citizens residing in countries with which a visa-free regime is provided.
- Persons temporarily located in the Russian Federation.
Exceptions
At the legislative level, a list of categories of citizens who do not need to obtain a patent is fixed. These include:
- Participants in the resettlement program of compatriots and their relatives.
- Representatives of diplomatic missions, consulates, international organizations.
- Employees of enterprises registered in another country, carrying out service, post-warranty, warranty service, installation of equipment supplied to the Russian Federation.
- Accredited Journalists.
- Students of higher and professional educational institutions engaged in labor activities during the holidays and other free time from study.
- Researchers, teachers invited to Russia. The exception is teachers of religious institutions.
- Health workers invited to the Russian Federation to participate in international healthcare projects.
- Foreigners granted temporary asylum or refugee status.
- Kazakhs and Belarusians.
Documents
To obtain a patent for work in Moscow or in another other region, a foreigner must submit to the territorial division of the Ministry of Internal Affairs (at the address of his stay):
- Two copies of the statement.
- Passport, the form of which is recognized in Russia. From Jan 1 2016, for example, citizens of Uzbekistan need to present a new document.
- Migration card. In this document, in the column "Purpose of the visit" should be "work". If, for some reason, the migration card is missing (lost, for example), the supervisory authority checks the information independently on the basis of the information base.
- Medpolis or an agreement with an organization that provides paid medical services. The agreement is drawn up for the entire period of work and is valid in the region in which the foreigner plans to work.
- A medical certificate confirming the applicant’s absence of drug addiction, HIV and other dangerous diseases.
- A document certifying the completion of training courses in the Russian language, the basics of domestic law and Russian history.
- Registration coupon for temporary residence.
In some cases, information on the profession or types of activity of a foreigner may be entered into the patent. If such information is present, then a person cannot work in another specialty.
The citizen must submit the indicated documents within 30 days. If this period is missed, the person will have to pay an administrative fine (10-15 thousand rubles). The receipt of payment is attached to the documents.
Work patent for foreign citizens: price
If the control body made a positive decision on the application, the foreigner must come in person to the territorial division of the Ministry of Internal Affairs with a passport and receipt of payment of the advance for personal income tax, provided for in Art. 227.1 Tax Code.
The cost of a patent varies in different regions of the country. The advance payment for the month is formed from:
- The base value defined in paragraph 2 of Art. 227.1 Tax Code. She is 1200 rubles.
- Federal coefficient-deflator. It is established by order of the Ministry of Economic Development.
- Regional rate. This indicator is set by the authorized bodies of the constituent entities of the Russian Federation. If the coefficient is not defined, its value is taken as a unit.
In 2016, a patent in Moscow had to pay 4200 rubles:
1200 x 1.514 x 2.3118 = 4200.
Persons Equated to Russian Citizens
For people who come from Belarus, Kazakhstan and Armenia, benefits are provided. They are not subject to restrictions established for other foreign citizens. Employment is made according to the general rules that apply to Russian citizens.
In addition, preferential registration is provided for persons with a residence permit. The procedure takes 7 days from the date of crossing the border.
Documents presented by a foreign citizen when applying for a job are as follows:
- Applicant's passport.
- Employment history. If it is absent, it is drawn up by the personnel department at the place of work.
- Medpolis.
- Education Documents.
- Residence. Citizens of Armenia, Kazakhstan and Belarus do not present this document.
Important point
When employing a foreigner, a contract is concluded with him without fail. Information is entered into the contract, the list of which is provided for in Article 57 of the Labor Code.
If a person resides in the territory of the Russian Federation temporarily, information on a visa / patent is included in the contract. In addition, the rules and conditions for the provision of medical care are determined.
If the person lives permanently in the country, information on the residence permit is indicated. The contract also includes information on compensation for the costs of moving a foreign worker and his relatives, as well as his return to his homeland.
General Employment Rules
They are established in article 65 of the Labor Code of the Russian Federation . The norm enshrines the general list of documents presented to the employer by the person entering the work. For foreigners , of course, exceptions apply. For example, migrants do not need to present military registration documents.
The general list of documents, according to article 65 of the Labor Code of the Russian Federation , includes:
- Passport.
- Employment history.
- Insurance certificate.
- Document on qualifications, availability of special. knowledge about education, if the work requires special training or knowledge.
- Certificate of no criminal record / criminal prosecution or termination of criminal proceedings for rehabilitating circumstances. This document is issued in the form and in the manner determined by the Ministry of Internal Affairs.
- Certificate of the absence of administrative punishment for the use of psychotropic / narcotic compounds without a prescription.
The list may be reduced or increased depending on the specifics of the work. For foreigners permanently residing in Russia, but not having a work book, the same procedure applies as for Russians. When applying for a job for the first time, the personnel service of an enterprise independently draws up a work book and an insurance certificate.
Notification of the Ministry of Internal Affairs
In accordance with the requirements of the Federal Law No. 115, a notification on the hiring of a foreign citizen and his dismissal by both the employer and the migrant is mandatory.
The employer sends a notice of termination of the contract if:
- Migrant qualifications are not suitable for the job.
- The alien disappeared, escaped.
- The contract period or the period for which the permit was issued has ended.
- A migrant leaves his job of his own free will.
A separate form is filled out for each employee . When hiring a foreign citizen who has received a patent, he must send a notice to the territorial division of the Ministry of Internal Affairs within two months from the date of issue of the permit. Attached is a copy of the contract with the tenant.
The employer is obliged to notify the supervisory authority of the admission / dismissal of migrants registered in the migration register at the place of stay / residence, including:
- Visa with permission to work.
- With a residence permit.
- Refugees
- With a temporary residence permit.
- Visa-free with a patent, including from the EAEU.
Nuances
The notification form must be completed carefully. If mistakes are made in it, the supervisory authority will not accept the documents, and the company will be fined.
You can provide a notice in person or send by registered mail with a list and delivery receipt. After checking the information, the state agency transfers the voucher with the seal to the applicant.
Notifications are sent within three days from the date of conclusion / termination of the contract.
In accordance with legislative changes, from 2015 it is not necessary to notify the tax inspectorate and the employment service of the employment / dismissal of migrants.
Recommendations for filling out a notice
The standard form of notification is approved in Appendix No. 19 to the FMS Order dated 06/28/2010 (as amended on 03/12/2015).
The form can be filled out both by hand and on a computer. All words must be in Russian. You need to write clearly. Forms with corrections, abbreviations, strikethroughs are not accepted.
The notice must include the following information about the tenant:
- The full name and form of ownership of the organization or full name of the individual entrepreneur.
- Employer status. This may be an individual entrepreneur, legal entity, notary / attorney engaged in private practice.
- Number according to the register.
- OKVED activity code.
- TIN (if available) or PPC.
- Address, contact information (phone, email).
The following information should be provided about the migrant:
- F. I. O., place and date of birth, citizenship.
- Details of an identity document.
- Date of issue and migration card number.
- Patent Number
- Registration address, date of registration with the migration register.
- Specialty, profession and other information about work activities.
- Type of contract (labor, civil law), its details.
Contributions
Insurance contributions are calculated as a percentage of salary in accordance with the status of a migrant worker. Contributions are transferred to the FIU, BCC and FFOMS.
1.8% of the salary is paid to the insurance fund from temporary migrants. Payments to the FIU are made in accordance with established tariffs.
Citizens of Kazakhstan, Armenia, Belarus pay amounts at rates determined for a particular company.
Personal income tax is established on the basis of the status of an employed migrant:
- 13% is paid by residents who are in the Russian Federation for more than 183 days;
- 30% - non-residents located in Russia for less than 183 days;
- 13% are citizens of Kazakhstan, Belarus, and Armenia.
The latter make transfers from the first day of work.
Patent: Validity, Renewal
A work permit is issued within 10 days from the date of submission of the necessary package of documents. The patent is valid for 1-12 months. Labor activity on it can be carried out in a specific region of the Russian Federation.
A patent issued for 1 month can be extended no more than 11 times. At the same time, its total validity period should not exceed 1 g. The basis for the extension is the deduction of advance on personal income tax. The patent will be automatically renewed for the period for which the amount is paid. In this case, it is not necessary to apply to the supervisory authority.
The current patent can be reissued once for a period of not more than a year. It can also be issued for 1-12 months.
If the migrant is refused re-registration, he has the right to resubmit the application only after a year.
Sanctions for work without a patent
Migrants who violate the requirements of the law may be fined 2-5 thousand rubles. In addition, regulations provide for the possibility of expulsion of a foreigner from the territory of Russia. The relevant provisions secure parts 1 and 2 of Art. 18.10 Administrative Code.
It must be remembered that the employer is also responsible for violations of migration laws. Individuals may be fined 205 thousand, officials - 25-50, managers - 250-800 thousand rubles.
In accordance with the provisions of Article 18.15 of the Administrative Code, executive bodies can suspend the work of an enterprise that has hired a migrant who does not have a patent for a period of 14 to 90 days. Individual entrepreneurs are liable under Art. 2.4 Administrative Code, as well as officials.
Sanctions for untimely notification of the acceptance / dismissal of migrants
Responsibility measures are provided for in Art. 18.15. If the tenant has not filed a notice, violated the terms of his direction, incorrectly filled out the notice form, he may face a fine:
- 5-7 thousand rubles - for individuals;
- 35-70 thousand rubles. - for officials;
- 400 thousand rubles - 1 million rubles. - for organizations.
In addition, as in the previous case, the suspension of the business entity for 14-90 days.
Conclusion
Since 2016, supervision of the admission of migrants to work at domestic enterprises has been significantly tightened. Control measures are aimed at reducing the flow of illegal workers.
Due to the fact that migrants are ready to do any available work, and employers, in turn, seek to reduce staff costs, the domestic labor market is destabilizing. Many qualified domestic specialists cannot find a well-paid job. The unemployment rate is rising. After tightening control, as statistics show, the situation began to change for the better. The flows of illegal immigrants have significantly decreased.
In general, the requirements of the law are not so difficult to implement. In Federal Law No. 115, the requirements are formulated quite clearly. Employers who seek to avoid costs and violate regulatory requirements need to think carefully. . , , . .
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