Peculiarities of hiring foreign citizens. Hiring foreign citizens. Documents for getting a job

Attracting inexpensive foreign labor is not only a saving on the wage fund, but also an additional headache for employers. We talk about the procedure for employing foreign workers and penalties for non-compliance with this procedure.

Permission to attract foreign workers

6. For illegal attraction to labor activity foreign citizens administrative responsibility has been established.

The procedure for submitting an application and issuing a permit is established by Order of the Ministry of Internal Affairs of Russia dated November 1, 2017 No. 827.

The official who accepted the application for consideration enters information about the acceptance of documents into information system Ministry of Internal Affairs of Russia. The applicant is issued a certificate confirming acceptance of the application for consideration.

The decision to issue an employer a permit to hire foreign workers is made within 30 calendar days from the date of receipt of the documents. Permission to attract foreign workers is issued for a period of one year.

For issuing a permit to attract and use foreign workers, a state fee of 10,000 rubles is paid for each foreign worker attracted (clause 23, clause 1, article 333.28 of the Tax Code of the Russian Federation).

Invitation for entry of foreign workers into the Russian Federation

In order to employ “visa” foreigners, the employer must obtain an invitation from the Department of Internal Affairs of the Ministry of Internal Affairs to allow foreign workers to enter the Russian Federation to carry out work activities. This invitation is necessary for foreigners so that they can obtain a single-entry visa to enter and exit Russia.

The procedure for issuing invitations and the form of application for issuing such invitations is approved. by order of the Ministry of Internal Affairs of Russia dated September 21, 2017 No. 735. A set of the following documents must be attached to the application:

• identification document of the inviting party;
• a copy of the identity document of the invited foreign citizen;
• letter of guarantee.

The period for providing invitations is no more than 20 working days from the date of registration of the application with all necessary documents. If an invitation is issued to a highly qualified specialist, the period for issuing it should not exceed 14 working days.

The state fee for issuing an invitation is paid in the amount of 800 rubles for each invitee (clause 17, clause 1, article 333.28 of the Tax Code of the Russian Federation). If the application is submitted through the government services portal, the fee is charged taking into account a coefficient of 0.7 of the established one - in the amount of 560 rubles for each invitee.

Work permit

Simultaneously with the application for issuing an invitation, the employer can send to the Department of Internal Affairs of the Ministry of Internal Affairs the documents necessary to issue a work permit for each foreign worker. To do this, you will need to write an application and attach the following documents to it:

• a copy of the identity document of the foreign citizen;
• documents confirming that the foreign worker does not have drug addiction and poses a danger to others infectious diseases;
• certificate confirming that the foreigner does not have a disease caused by the human immunodeficiency virus (HIV infection);
• personal color photograph of a foreign citizen measuring 30 x 40 mm.

For issuing a work permit to foreign citizens, a state fee of 3,500 rubles is paid for each employee (clause 24, clause 1, article 333.28 of the Tax Code of the Russian Federation).

A work permit for each foreign worker is issued to the employer simultaneously with an invitation to the Russian Federation for the purpose of carrying out work activities. The received invitations are sent to foreign workers to obtain visas.

Registration of labor relations with foreigners

After foreign workers have entered the territory of the Russian Federation, you can begin to formalize contractual relations with them. The foreigner must provide the employer with the following documents (Article 65 and Article 327.3 of the Labor Code of the Russian Federation):

• identification document;
• employment history;
• voluntary health insurance agreement (policy);
• work permit (can be issued by the employer himself) or patent;
• temporary residence permit or residence permit (only when concluding an employment contract with foreigners permanently residing in the Russian Federation).

When concluding an employment contract, a foreign citizen does not present military registration documents to the employer.

The employment contract with a foreigner itself contains information about a work permit or patent, temporary residence permit or residence permit.

Mandatory for temporarily residing foreigners is a condition on the grounds for providing medical assistance to a foreign worker during the term of the employment contract. To do this, the contract must indicate the details of a voluntary health insurance policy or an agreement concluded by the employer on the provision of paid medical services to such an employee.

The voluntary health insurance policy must ensure the provision of emergency primary and specialized medical care to a foreign employee (Article 327.2 of the Labor Code of the Russian Federation).

Employment of workers from the EAEU

For employees from countries party to the Treaty on the Eurasian Economic Union dated May 29, 2014, a simplified procedure for registering labor relations applies. This applies to citizens of Belarus, Kazakhstan, Armenia and Kyrgyzstan.

Employment for this category of foreigners is not much different from employment for Russian citizens. In particular, to conclude an employment contract with them it is not required:

• permission to attract and use foreign workers;
• work permit;
• patent;
• temporary residence permit;
• resident card.

• a passport that confirms that the applicant is a citizen of a state party to the Treaty on the EAEU;
• work book;
• education document;
• VHI/CHI policy;
• migration card.

At the same time, citizens of Belarus are exempt from issuing a migration card (bilateral Agreement dated January 24, 2006).

Additional documents are not required from employees from the EAEU.

At the same time, workers from the EAEU are still subject to a number of rules that are typical for the employment of all other foreign workers. An employee from the EAEU must be registered with migration authorities (if he has been living in the Russian Federation for more than a month), and the Ministry of Internal Affairs must be notified about the agreement concluded with him.

Registration of a foreign worker for migration registration

To register a foreign worker for migration purposes, the employer must notify the Ministry of Internal Affairs of his arrival in Russia. The notification is sent to the territorial body of the Ministry of Internal Affairs of Russia in the form approved. by order of the Ministry of Internal Affairs of Russia dated November 23, 2017 No. 881.

In general, the notification is submitted no later than 7 working days from the date of arrival of the foreigner at the place of stay (Part 3 of Article 20 of the Federal Law of July 18, 2006 No. 109-FZ “On Migration Registration of Foreign Citizens and Stateless Persons in the Russian Federation”). The exception is for foreigners arriving from EAEU countries. They can submit a notification of arrival within 30 days from the moment of entry into the territory of the Russian Federation (Article 97 of the Treaty on the Eurasian Economic Union of May 29, 2014). And for citizens of Tajikistan, the registration period is 15 days from the date of arrival.

The notification is submitted directly to the Department of Internal Affairs of the Ministry of Internal Affairs of Russia, by mail, and also through the MFC. The employer has the right to independently choose the method of sending the notification (Part 2 of Article 22 of the Federal Law “On Migration Registration of Foreign Citizens and Stateless Persons in the Russian Federation” dated July 18, 2006 No. 109-FZ).

When submitting in person, the official who accepted the notification puts a mark on acceptance of the notification and returns the detachable part of the notification form to the applicant. All this is done immediately, immediately after checking the information specified in the notification with the submitted documents. A signature indicating the name of the official (employee) who accepted the notification is affixed to the note indicating acceptance of the notification. The acceptance mark is placed in the detachable part of the notification form and is duplicated on the notification form itself. The date of receipt of the notification will be considered the date of registration of the foreigner for migration registration.

The employer then hands over the detachable part of the notification form to the foreign worker himself. All information about a foreign citizen will be entered into the registration documents of the Department of Internal Affairs of the Ministry of Internal Affairs within 3 working days from the date of receipt of the notification of arrival.

Primary migration registration is carried out for a period of no more than 90 days (clause 1, article 5 of the Federal Law of July 25, 2002 No. 115-FZ). That is, from the date of marking the receipt of the notification, the foreigner has 3 months for legal stay in the territory of the Russian Federation.

Citizens of Belarus, Armenia, Kazakhstan and Kyrgyzstan (EAEU countries) can apply for initial registration under an employment contract for a period of up to 1 year. That is, if they have a valid employment contract, then the permitted period of stay is extended for the duration of the contract, but not more than a year.

The receiving party may itself remove a foreigner from migration registration if the latter leaves the place of stay. Let us remind you that now the place of stay is considered to be a residential or other premises in which a foreigner actually lives (uses it for sleep and rest). The place of stay can be and.

Employers are responsible for removing foreign workers from migration registration (Federal Law No. 257-FZ dated July 29, 2018). To deregister a foreigner, you must:

Notice of employment of a foreign worker

Employers are required to inform the Russian Ministry of Internal Affairs about the conclusion and termination of employment contracts with foreign citizens and stateless persons. The same goes for civil contracts to perform work (render services). This obligation is established in accordance with clause 8 of Art. 13 of the Federal Law of July 25, 2002 No. 115-FZ.

To inform about the facts of employment of foreigners, a corresponding notification is submitted to the Department of Internal Affairs of the Ministry of Internal Affairs of Russia. The current notification form is approved. by order of the Ministry of Internal Affairs of Russia dated 06/04/2019 No. 363 (until 09/09/2019 the order of the Ministry of Internal Affairs of Russia dated 01/10/2018 No. 11 was in force, approving similar forms), Appendix No. 13.

The notification contains information about each foreign worker with whom the employer has concluded or terminated an agreement for the performance of work (rendering services). All relevant fields must be completed in the notification.

The notification is submitted no later than 3 business days from the date of conclusion or termination (termination) of the relevant agreement. It can be sent:

• on paper directly to the Department of Internal Affairs of the Ministry of Internal Affairs;
• by post with a description of the contents and notification of delivery;
• V electronic form through the government services portal.

In the first two cases, the employer is issued a certificate confirming receipt of the notification. When a notification is received in electronic form, an electronic message indicating receipt of the notification is issued. The deadline for notification is no later than the business day following the day the notification is received.

Within two months from the date of issue of the patent, a “visa-free” foreigner hired must provide the territorial body of the Ministry of Internal Affairs of Russia with a copy of the employment contract (clause 7 of Article 13.3 of Law No. 115-FZ).

Fines for violating the rules for registration of foreigners

Administrative liability for illegally recruiting foreign citizens to work is established in accordance with Art. 18.15 Code of Administrative Offenses of the Russian Federation. This provision provides penalties for the following violations:

• employment of foreigners who do not have a work permit/patent;
• employment of foreigners without obtaining permission to attract and use foreign workers;
• failure to notify of the conclusion or termination of a work contract.

For all of these types of violations, fines are established:

• from 2,000 to 5,000 rubles – for citizens;
• from 25,000 (from 35,000 - for failure to notify of the conclusion of an agreement) to 50,000 rubles - for officials;
• from 250,000 (from 400,000 - for failure to notify of the conclusion of an agreement) to 800,000 rubles - for organizations.

At the same time, for organizations, instead of a fine, administrative suspension of activities for a period of 14 to 90 days may be imposed as a punishment.

If the violations listed above were committed on the territory of Moscow, St. Petersburg, as well as the Moscow or Leningrad region, the fines will be (Part 4 of Article 18.15 of the Code of Administrative Offenses of the Russian Federation):

• from 5,000 to 7,000 rubles – for citizens;
• from 35,000 to 70,000 rubles – for officials;
• from 400,000 to 1 million rubles – for organizations.

The listed fines are imposed on each foreign worker involved in work in violation of the rules separately.

It should be remembered that employers are responsible not only for attracting foreigners to work, but also for their compliance with the regime of stay in the Russian Federation, as well as for removing them from migration registration.

Fines for violating the rules of stay of foreign citizens in the Russian Federation are established in accordance with Art. 18.9 Code of Administrative Offenses of the Russian Federation.

Thus, failure by an organization to take measures to ensure the timely departure of a foreigner from the Russian Federation will entail the imposition of a fine in the amount of 400,000 to 500,000 rubles. The same fine will be imposed for failure to ensure compliance by a foreign citizen with the regime of stay in the Russian Federation.

When hiring foreign citizens, companies and individual entrepreneurs are required to comply with a number of formalities that will allow them to avoid violations of migration laws. Otherwise, the organization may face a significant fine. The article describes the admission procedure and its documentation.

It is not prohibited to accept foreign citizens to work under employment contracts. Moreover, depending on the citizenship of a foreigner, he may be in demand in the same way as a Russian. For example, citizens of member countries of the Eurasian Economic Union need almost the same documents as Russians for employment.

Attention! These documents and reference books will help you register a foreign citizen in accordance with all legal requirements. They will save you from offensive fines and protect you from mistakes. Relevance has been confirmed by BukhSoft program experts. Download for free:

Procedure for hiring foreign citizens

Rules for hiring foreign citizens vary depending on the legal status of the visitor. In accordance with Art. 2 of Federal Law No. 115-FZ of July 25, 2002, the following categories of citizens of other states may be in Russia:

• temporarily staying;
• temporary residents;
• permanent residents.

The first category stays in Russia on the basis of a visa, if they are citizens of a country with which there is a visa regime, or on a visa-free basis. In this case, the migrant must have a migration card, without which living in Russia will be considered illegal.

A temporary resident has an appropriate permit, which is issued for 3 years.

If a person has been living in the country for more than a year, he can receive a residence permit for a period of 5 years and permanent resident status.

• citizens of member countries of the Eurasian Economic Union. There is a special employment procedure for them in Russia. They can confirm their citizenship later.
• Highly qualified specialists. They come to Russia at the invitation of their employer and, as a rule, have high level wages.

Table 1. Permits for foreign workers

Hiring a foreign citizen: step-by-step instructions

After status and citizenship have been determined, hiring foreign citizens according to the Labor Code of the Russian Federation is accompanied by the following actions:

Step 1. Register with the Main Directorate for Migration of the Ministry of Internal Affairs as an employer attracting foreign employees

To do this, you must provide a complete package of documents for registration to the territorial office of the department.

Step 2. Make sure that the foreigner has all the documents necessary to stay in the Russian Federation

Temporarily staying persons from countries with a visa regime must have the following documents:

• international passport;
• migration card;
• work permit;
• registration;

For registration, migrants from visa-free countries require:

• international passport;
• registration;
• a patent for the work and a check indicating its payment;
• migration card;
• voluntary health insurance policy;
• SNILS (issued by the employer).

To be employed in Russia, foreign citizens who are citizens of EAEU countries (Belarus, Kyrgyzstan, Armenia, Kazakhstan) must have:

• international passport;
• migration card;
• registration;
• Compulsory medical insurance/VHI policy;
• SNILS (issued by the employer).

The validity period of documents when hiring a foreign citizen must cover the entire period of the migrant’s employment in the Russian Federation.

To attract a highly qualified employee, you must collect the following package of documents:

• petition for involvement;
• a written commitment to pay the costs associated with possible removal;
• color photograph;
• a receipt for payment of state duty in the amount of 3,500 rubles (paid upon receipt of a work permit);
• VHI policy or health insurance contract.

A temporary resident must have a temporary residence permit. It is a stamp in the passport and is valid for 3 years.

Permanently residing foreigners are processed according to the same rules as Russian citizens.

Step 3. Register an employee on staff

This requires:

• obtain the migrant’s consent to the processing of personal data in writing;
• conclude an employment contract;
• familiarize the foreigner with local regulations against signature;
• issue an order for admission to the staff (the employee is presented with the order against signature);
• conduct training on labor protection;
• make a record of employment in the work book,
• issue a personal employee card in form T-2.

This must be done no later than 3 days from the date of signing the employment contract.

Fill out and download the notification ⟶

Step 5. Accrue and pay taxes to the budget and insurance premiums from the migrant's salary.

The procedure for dismissing a foreigner

To terminate an employment relationship, you must complete the following steps:

1. Formulate the grounds for termination of the employment contract.
2. Issue a dismissal order.
3. Obtain the employee's signature on the T-2 card in Section XI.
4. Put a note about dismissal in the work book.
5. Issue a work book against signature in a journal.
6. Pay amounts due to the employee.
7. Send a notice of dismissal of a foreigner to the Main Department of Migration Affairs of the Ministry of Internal Affairs no later than 3 days from the date of termination of the employment contract for a foreign citizen.

Attracting highly qualified foreign specialists

A special category of foreign workers consists of highly qualified specialists. This concept is enshrined in Art. 13.2 of Law No. 115-FZ. It states that highly qualified specialists are migrants who have extensive experience and relevant knowledge to work in certain industries.

The main thing that matters is not the profession or education, but the salary that the inviting company will assign to the migrant. For large number highly qualified specialists minimum size salary is 167 thousand rubles per month. But this criterion differs for different professions and areas of activity.

The employer evaluates the qualifications independently. A migrant may not have, for example, higher education, and at the same time be recognized as a highly qualified specialist. At the same time, when applying for a job that requires special knowledge, a foreigner must document his qualifications.

There are a number of advantages for an employer when registering as a HQS employee:

• there is no need to take into account quotas when obtaining a work permit;
• no permission is required to attract and use foreign workers;
• You don’t have to send information about the vacancy to the employment center;
• a work permit can be issued for 3 years at once;
• The HQS is not required to undergo a medical examination and pass an exam on knowledge of the Russian language;
• You can obtain a work permit in several regions.

To register HQS as a staff member:

• an employment contract must be drawn up and signed;
• obtain a work permit.

The following categories of employers have the right to hire a foreign HQ:

• commercial companies;
• accredited scientific and educational organizations;
• accredited branches and representative offices foreign companies.

But there are also a number of restrictions. Thus, legal entities that have unfulfilled resolutions imposing administrative penalties for violating the regime of stay of foreign citizens in the Russian Federation or for violating the procedure for carrying out their labor activities cannot hire a HQS. In addition, to hire a HQ, the employer must not have a ban on hiring foreign citizens to work in Russia.

Attracting foreign labor without registration

For organizations that want to hire foreigners, but want to avoid difficulties with their registration and risks associated with violation of migration laws, ideal option such workers will be registered as staff (outstaffing). The conditions for hiring foreign citizens in this case are not important to the company, since all issues related to paperwork, compliance with formalities, and payment of taxes are the responsibility of the recruitment agency. It is this agency that registers the migrant as a member of the state and is officially his employer. In this case, the customer enters into only a contract for the provision of personnel and, on its basis, uses the labor of freelancers.

Advantages of engaging the services of an outstaffing agency:

• attracting a foreign worker is carried out as quickly as possible;
• there is no need to register as an employer using the labor of foreign citizens;
• no need to collect a package of documents;
• there are no risks associated with fines;
• there is no need to bear responsibility for compliance with migration laws.

Risks of hiring a foreign citizen

Organizations that employ foreign labor often attract migrants in order to save money. But it is worth assessing the existing risks. The level of fines associated with improper registration of foreigners and violation of migration laws is such that the expected financial gain may turn into losses.

Control in the field of labor relations with visitors from other countries is quite strict. The Migration Service often conducts inspections, which can result in administrative liability and hefty fines. Thus, for engaging in work without a patent or permit, the fine may be (Article 18.15 of the Administrative Code):

• for an organization – 250 - 800 thousand rubles;
• for officials – 25-50 thousand rubles;
• for citizens – 2-5 thousand rubles.

For violations of migration legislation, the company's activities may be suspended for a period of 14 to 90 days.

What risks exist when using the labor of foreign citizens?

1. Risks when registering as a staff member. Employment of foreigners compared to citizens of the Russian Federation is a more labor-intensive and lengthy process. At the same time, HR department employees must have special knowledge in the field of migration legislation.
2. Errors when checking migrants' documents. Migration audits must be carried out as thoroughly as possible. Otherwise, the lack of just one mandatory document may become the basis for holding the employer liable for hiring illegal labor.
3. Violation of deadlines for registration and submission of documents to government agencies.
4. Risks associated with maintaining personnel records of foreigners. There may be errors regarding migration and tax accounting, which can result in hefty fines.
5. Failure to comply with patent payment requirements. The foreign employee must independently renew the patent every month. If he fails to pay, his patent is revoked. The legal grounds for continuing to work in the Russian Federation disappear. Therefore, the employer must check the patent payment receipts.
6. Violation of registration renewal deadlines. After renewing the patent, the employer must renew the registration at the regional offices of the Main Directorate for Migration Affairs of the Ministry of Internal Affairs within three days.

What jobs should foreigners not be hired for?

Russia has established a list of professions that are closed to foreigners. In accordance with current legislation, such persons cannot be hired:

• to enterprises working in the field of state security;
• on production and disposal of nuclear products;
• for public service;
• production of aircraft and ships;
• command positions in aviation and on ships.

Features of concluding an employment contract with a foreigner

A TD with a foreign citizen must comply with the requirements of Article 57 of the Labor Code of the Russian Federation, as well as an agreement with a Russian citizen. But there are a number of nuances that personnel officers should know when registering a foreigner:

1. When indicating the place of work, you should pay attention to which region is indicated in the patent, since a foreigner can only work in the entity that is listed in the patent.
2. The position in the TD and in the permitting documentation must be the same.
3. The start date of work in a TD cannot be earlier than the issuance of a work permit to the employee.
4. The validity period of the TD cannot depend on the validity period of the work permit.

Features of hiring foreign citizens in 2020

The procedure for hiring foreign citizens in 2020 has not undergone significant changes. Migrants can engage in labor activities on the territory of the Russian Federation under a patent or on the basis of a permit.

Foreigners, mainly residents of neighboring countries, come to the Russian Federation in order to earn money. Highly qualified specialists who are interested in the original Russian culture and have respect for the country also come. How to complete documentation and obtain a work permit in Russia for foreigners, the article says.

Replenishment of personnel through migrants is becoming commonplace, although it is clear that foreign citizens, being outside their country, represent a socially unprotected group of people. Migration legislation is strictly selective in its approach to the employment of foreigners, and this feature must be taken into account before undertaking a move.

The procedure for registering foreign citizens for work requires compliance with the rules established within the state. The question concerns two sides:

• on the one hand, the participant in the process is a foreigner planning to officially find employment in a foreign country;
• on the other hand, an employer who decides to hire a foreign citizen.

Both parties need to go through the procedures without violating the law of the Russian Federation. However, not all visiting citizens like to pay taxes.

Not all employers are ready to make financial contributions to certain funds established by law. They ignore the complicated registration procedure provided for by the Labor Code of the Russian Federation. This is where illegal work comes from.

Where foreigners are not allowed to work

The legislation of the Russian Federation provides for restrictions on the opportunities for foreign citizens to obtain work. Migrants, in accordance with Article 14 of Federal Law No. 115, are not allowed to work in the following areas:

• engage in activities in local government bodies;
• occupy command positions on merchant and military ships, on aircraft space and experimental purposes, in civil aviation;
• you cannot work in the state security structure of the Russian Federation;
• in the Armed Forces of the Russian Federation, in combat and administrative-economic formations;
• at facilities related to the protection of state secrets, in government agencies and special forces, where data from the spectrum of state secrets is used;
• in organizations related to nuclear weapons, production areas with radiation hazardous substances;
• it is prohibited to manage organizations with an authorized capital of more than 50% of the shares of the Russian Federation;
• You cannot work in retail organizations selling medical goods, alcoholic beverages, or selling in tents or markets according to OKVED.

Foreigner status

In Russia, the stay, life and work of foreign citizens are regulated by migration laws. The legislation is based on the civil status or status of foreigners. Determination of status is related to the registration of a person, tax deductions, the amount of insurance payments to the Pension Fund of the Russian Federation, and contributions for health and social insurance.

The law approves 3 statuses:

1. One of them provides for permanent residence under a special document called a residence permit (RP).
2. The other two correspond to temporary residence:

• followed by obtaining a residence permit;
• the stay of a foreigner in a temporary regime is based on a visa, for citizens of the CIS - a visa-free procedure with a migration card.

With a residence permit, a foreigner has the opportunity to enter, leave and live permanently in the Russian Federation. The document is valid for 5 years with an extension of the period of residence.

The right to temporary residence in Russia is given to a citizen of another state by a mark in an identity document. Get workplace a person can only obtain a permit in the area for a certain period of residence (3 years). The extension is not specified in the law; further registration of a residence permit is permitted.

For temporarily staying foreign citizens, it is necessary to have a visa, which indicates the period of stay in the territory of the Russian Federation. The visa-free procedure is limited to a period of 90 days upon registration with the migration service. Temporary stay is extended to 1 year, subject to obtaining work permits or obtaining a work patent.

Important! A foreign employee is required to promptly notify the employer of changes in status.

Employment in a visa-free regime

A visa-free regime for relations between countries allows their residents to enter the territory without obtaining a visa. The arrangement is convenient for both the potential employee and the employer. The absence of restrictions makes it easier to conduct business relationships.

The employer is required to:

1. Regular verification of the validity period of the employee’s document (residence permit).
2. Inform the local branch of the Russian Ministry of Internal Affairs that, on the basis of the contract, an employment relationship has been established with a citizen of foreign origin.

Attention managers! When accepting migrants with any status (according to the Federal Law, clause 8, article 13), it is necessary to inform the Ministry of Internal Affairs.

A citizen of another country who has a temporary residence permit in Russia (a status close to a residence permit) gets a job in the Russian Federation. Every year he will have to confirm it with the migration service.

Legal employment of foreign workers with the status of temporarily staying in Russia in accordance with paragraph 1 of Art. 2 of the Law on the legal status will depend on visa relations between countries.

Patent for work

IN Russian Federation people come with the hope of finding a decent job and a comfortable life. Changes are taking place in the legal acts of the Russian Federation regarding visa-free migrants, and additions are being made.

In legislation relating to migration, there is the term patent, meaning a permitting document (certificate). Having received the certificate, a foreigner simultaneously gets the opportunity to stay in the Russian Federation without a visa and work here.

No patent required:

1. People who migrated to Russia with temporary registration and residence permits.
2. Persons who took part in the state resettlement program on a voluntary basis.
3. Citizens of Belarus and Kazakhstan.
4. For displaced people.
5. Employees of diplomatic missions operating in the Russian Federation.
6. Representatives of foreign companies involved in the installation of technical equipment in Russia.
7. For media workers working in the Russian Federation in the direction of foreign countries.
8. Students engaged in labor activities during the holidays.
9. Representatives of science and education who arrived at the invitation of the Russian Federation.

The state calculates the number of patents that it can implement; their number is limited. Quotas are updated annually.

A patent is issued on the basis of certificates, certificates (documentation), including:

• results of a medical examination on suitability for work;
• final indicators of tests for language knowledge, knowledge of the basics of the Russian legislative framework;
• insurance policy for an annual period;
• a check for making a monthly advance payment for personal income tax (the amount of tax corresponds to the region of employment);
• a foreign passport accompanied by a translation certified by a notary;
• handprint identification document;
• photos;
• application for a certificate.

Attention! A patent is required for visa-free foreigners with temporary residence. From persons with temporary or permanent residence no patent required.

The certificate has an expiration date. It is valid for a period of time from 1 month to 1 year.

During this period must be issued contract of employment with the employer, otherwise the patent is terminated. If necessary, the certificate can be renewed.

An employee with a patent is allowed to work for up to 2 years. After this period, he will have to resume the entire procedure for obtaining a permit certificate. It is not recommended to allow late payment for the certificate, otherwise the document will be subject to cancellation and its owner will lose the right to work.

Citizens of the EAEU countries - Armenia, Belarus, Kazakhstan and Kyrgyzstan do not need to bother about additional permits.

Illegal ways to get a job are prosecuted by law. An entrepreneur who decides to circumvent legal requirements will pay a considerable amount.

In this video you will learn how much personal income tax you will need to pay for a work patent in 2018 every month:

The procedure for employing foreigners

Legal employment is possible if you have the necessary documents:

1. A foreign passport, which must be obtained before departure. You will need it when crossing the border.
2. Migration card with a note about the purpose of arrival. The card is issued at the border. Border service officers will help you fill it out.
3. Medical insurance for foreigners received on the day of arrival in the Russian Federation.
4. Migration registration in the form of temporary registration.
5. Patent for obtaining a workplace. In the future, it is planned to make regular payments for the use of the patent.
6. Papers about official employment. With a patent in hand, within 2 months you need to find an employer, conclude an employment agreement with him and submit a copy to the FMS (migration service).

You need to be prepared for the costs associated with tax payments and payment of state duties. All the troubles and costs are paid off by legal work in the Russian Federation for a year without the danger of being evicted or fined.

Attention! You shouldn't skimp on safety. The money spent in the process of obtaining the necessary documentation will be returned in the course of quiet work on a legal basis.

List of documentation

To employ a foreigner, the following documents will be required:

• application in 2 copies;
• passport of a standard recognized in the Russian Federation;
• migration card indicating the purpose of arrival “work”;
• medical policy or contract with medical organization O paid services during work;
• a certificate issued by a medical institution confirming that the citizen does not have drug addiction, HIV infection or other dangerous diseases;
• certificate of training in Russian language courses, completion of the fundamentals of jurisprudence and history of the Russian state;
• temporary registration coupon;
• a patent recording data on the presence of a profession or types of active activity.

The foreigner must complete the collection and submission of documentation within a month. For deviation from the deadlines, a fine of 10,000 rubles is provided. up to 15,000 rub. The collection receipt must be attached to the set of documents.

Foreign student

An educational institution can act as a party accepting foreigners for study. You can obtain permission from the Federal MP of the Russian Federation. The purpose of arrival is indicated in the application. The following must be presented to the relevant departments related to the movement of foreigners in Russia:

1. Application.
2. A copy of the foreigner's identity card.
3. Guarantee to ensure material, medical, housing conditions.
4. An invited citizen, a national of another state for the duration of his residence in the Russian Federation.

The student is registered with the Federal Migration Service based on the notification he received from the inviting party. The university administration will inform the educational authorities about his arrival in the next 3 days.

In case of unauthorized departure of a student from an educational institution, the university is obliged to notify:

• apparatus in charge of education;
• migration structures;
• security authorities.

The educational institution is obliged to renew the visa. If educational institution committed a violation of the rules, obligations assumed, then liability will arise according to the law in the form of fines (up to half a million rubles).

For foreign students, a place in the dormitory is provided at the rate of 6 sq.m per person. Training is financed from the state budget of the Russian Federation. Students are paid a stipend.

The country has approved training quotas on a budget basis (no more than 10,000 people annually).

Important! The cost of utilities, household services, and accommodation should be no more than 5% of the scholarship amount.

Quotas

Immigration policy uses quotas, that is, predictable permissible norm or the labor market participation rate of foreign labor. Employers often resort to using foreign labor. This happens for various reasons:

1. For the cost of services.
2. By skill level.

The hiring of workers from abroad is subject to strict quotas.

In practice, several of these types are used:

• Employers who hire foreign specialists into their workforce receive a quota;
• quota for temporary registration gives advantages in getting a job without special permits;
• the issuance of jobs is normalized in order to protect the labor market within the country;
• there are quotas for issuing invitations to obtain a visa;
• There are quotas for students who want to have a Russian diploma and study on a budgetary basis.

Employer's liability

Along with hiring foreigners, the employer assumes responsibility, as stated:

1. In the Labor Code of the Russian Federation.
2. In the Code of Administrative Offences.
3. In the Law on the Rights of Foreigners in the Russian Federation.

Employers often try to circumvent laws by employing foreigners in order to save on wages. Such violations are punishable.

How to find a job in Russia as a migrant, see here:

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Illegal employment is prohibited by law and is punishable by large fines. Therefore, if we hire a foreigner ( step-by-step instruction for 2017 is posted below), it is necessary to comply with the rules for registering such employees. Let's figure out what legislative acts regulate the work of citizens of foreign countries and what permits will be required from the applicant depending on his status.

How to hire a foreigner

The main law regulating the rights of foreigners in the Russian Federation is Federal Law No. 115 of July 25, 2002. Features of employment depend on the category of specialist - temporarily arriving on a visa or card; temporary resident with a permit; permanently staying on a residence permit (residence permit). Highly qualified specialists are given a separate status - a residence permit for a high-tech specialist gives the right to work without obtaining a patent/permit. Previously, foreigners were dealt with by the FMS, the federal migration service, but now it has been abolished, and these issues have been transferred to the Directorate for Migration Issues of the Ministry of Internal Affairs (GUVM MVD).

Law No. 115-FZ tells in detail how to hire a foreigner, which clearly regulates the procedure for registering foreign workers according to the existing category:

• A foreign worker with a residence permit - specialists permanently residing in the Russian Federation are allowed to get a job only within the validity period of the residence permit issued territorial office migration service (standard period - 5 years).
• For temporarily staying foreigners, employment is possible only on the basis of a patent within the territory of the Russian Federation where the permit was issued (clause 4.2 of Article 13 of Law No. 115-FZ). Foreign residents of the EAEU may not receive a patent or permit, but are required to register at their place of residence or register for migration registration within 7 days.
• For HQS, the employer is not required to obtain a special permit if such specialists are involved in cooperation under Art. 13.2 of the Law.
• For temporarily residing foreigners, employment is allowed only within the territory where they received a residence permit from the migration service.

Note! In accordance with paragraph 4 of Art. 13, a work permit is not required for foreign employees residing in the Russian Federation on a permanent or temporary basis.

VKS – migration registration

Registration of the HQS upon hiring is carried out in accordance with the requirements of Art. 13.2 No. 115-FZ. So, in paragraph 11 of Art. 13.2 establishes that a HQS visa is considered valid for a period of 30 days, as well as a residence permit, from the date of early termination of the GPA or employment contract. In this case, the specialist has the right to independently look for a new employer, and in the absence of job offers, the visa period is extended for another 1 month.

Registration of a HQS at the place of residence is carried out in accordance with Law No. 109-FZ of July 18, 2006. Registration of a HQS for migration is carried out within 7 days at the place of permanent residence of a foreigner (clause 2 of Article 20), but a highly qualified specialist is exempt from the need to undergo registration procedure if the period of stay in the Russian Federation does not exceed 90 days. (Clause 4.1 Article 20). And in a situation where such foreigners move across the territory of the Russian Federation with a stay in a new place of no more than 30 days, registration is also not required. After the expiration of the specified period, the HQS must register within 7 days.

Hiring a foreigner 2017 – step-by-step instructions for permanent (temporary) residents:

1. Determination of employee status. It is written above in detail how to do this.
2. Conclusion of an employment contract.
3. Notification of the Department of Internal Affairs of the Ministry of Internal Affairs within 3 days from the date of signing the employment contract.

If a specialist arrives in the Russian Federation for the duration of employment, the employer must first notify the employment authorities about the need for labor; then obtain approval from the regional migration authority; then pay a fee to the state (10 thousand rubles for each employee) and, finally, issue an invitation to enter and a work permit. After a foreigner enters Russia, the authorities of the Department of Internal Affairs of the Main Directorate of the Ministry of Internal Affairs are notified - 3 days are allotted for this. If you dismiss a foreigner, the migration service must also be notified.

To conclude an employment contract, other than ordinary work book, SNILS, passport and education document, a migration card, visa (for the corresponding category of foreigners), work permit and patent (for temporary stayers) will be required. In addition, the latter must present a VHI policy. A patent or work permit is not required for temporary residents. But they can only work in the region where they received registration documents. Residents of the EAEU countries (these are citizens of Kyrgyzstan, Belarus, Armenia, Kazakhstan) are processed according to the rules in force for Russians.

Conclusion - the recruitment of foreign specialists is a rather complex process, which is sometimes difficult to understand. Outstaffing of foreign workers can come to the rescue - concluding an agreement with a third-party company for the rental of workers. The service allows you to use labor at a reimbursable cost and without registering personnel as staff of your own enterprise.

In relation to foreign citizens and stateless persons, in comparison with citizens of the Russian Federation, special rules governed by various legislative acts apply. But foreigners themselves differ from each other: in the procedure for entering the Russian Federation (visa/visa-free), legal status, and the presence of international agreements between Russia and the country of entry.

Diagram 1 will help you visualize the picture.

Table 1

	What do you need to get a job?	Duration of stay in the Russian Federation	Migration registration
Permanent residents (regular)		For the duration of the residence permit with subsequent extension	They register independently at their place of residence in the Russian Federation. Period 7 working days from the date of receipt of the residence permit
Temporary residents (regular)	Permits are not required, but you can only work in the region where residence is permitted	For the duration of the temporary residence permit, it cannot be extended	They register independently at their place of residence in the Russian Federation. Period 7 working days from the date of receipt of the RVP
Highly qualified	Work permit (at the request of the employer). Visa - an invitation to enter and a work visa. Worker: Salary at least 167 thousand per month, except for some categories that have less	For the duration of the work permit (3 years) with subsequent extension	The receiving party registers at the place of residence or work within 90 days from the date of crossing the border or within 30 days after arrival in another subject of the Russian Federation
Temporarily staying:
Visa	Employer: undergo quotas, obtain permission to attract and use foreign workers, as well as an invitation to enter, a work visa and a work permit. Worker: Pass a medical examination, confirm knowledge of the Russian language, the fundamentals of law and history of the Russian Federation, purchase a VHI policy	For the period of validity of a work visa	The receiving party registers at the place of residence or work within 7 working days from the date of arrival
Visa-free	Worker: Obtain a patent, undergo a medical examination, confirm knowledge of the Russian language, the fundamentals of law and history of the Russian Federation, purchase a VHI policy	Before obtaining a patent: no more than 90 days in total within 180 days from the date of entry into the Russian Federation After receiving the patent: for the period of validity of the patent	The receiving party registers at the place of residence or work within 7 working days from the date of arrival citizen of Tajikistan - 15 days from the date of entry into the Russian Federation citizen of Ukraine - 90 days from the date of entry into the Russian Federation
Citizens from the EAEU	No permits required VHI policy	For the duration of the employment or civil contract	The receiving party registers at the place of residence or work within 30 days from the date of arrival
Refugees	No permits required
Temporary shelter	No permits required	For the period of validity of the status with subsequent extension	Register yourself at your place of residence or by the host within 7 working days

What to expect from GIT inspections?

Employers using the labor of foreign citizens and stateless persons should familiarize themselves with the results of inspections of the State Tax Inspectorate for St. Petersburg for the first half of 2016. This will allow you to prepare for inspections and eliminate possible penalties. During this period, 37 inspections were carried out on compliance with labor laws when hiring foreign workers. As a result, inspectors identified 457 violations, of which 112 (24%) related to labor protection, 150 (33%) - payment and labor standards, and 195 (43%) - registration of an employment contract.

Diagram 1

Based on the inspections carried out, 43 orders were issued and 226 administrative penalties were imposed. The total amount of fines for administrative offenses amounted to 15,358,000 rubles, so employers should pay special attention to employment contracts with foreigners, labor protection and remuneration of foreign citizens and stateless persons.

When concluding employment contracts with such persons, it should be remembered that they are subject not only to the norms Russian legislation, but also the norms of international agreements. First of all, you need to pay attention to the articles:

• Art. 57 of the Labor Code of the Russian Federation: regulates the content of the employment contract;
• Art. 327.2 of the Labor Code of the Russian Federation: reveals the features of concluding an employment contract with an employee who is a foreign citizen or stateless person
• Art. 327.3 of the Labor Code of the Russian Federation: contains a list of documents that foreigners are required to provide when applying for a job.

When concluding or terminating an agreement (labor or civil law) with a foreign citizen, regardless of his status and category, the employer (customer) is obliged to notify the FMS (and after completion of organizational and staffing measures to abolish the FMS and transfer powers - the Ministry of Internal Affairs of Russia). This must be done no later than 3 working days from the date of conclusion or termination of the relevant agreement.

Patent Officer

If an organization enters into an agreement with a foreign patent holder, it is advisable to look at the website https://guvm.mvd.rf/ and check whether the applicant’s patent is valid. This will ensure you do your due diligence.

Next step: simultaneously with the notification of the conclusion of the contract, it is advisable to send a copy of the employment (civil law) contract to the territorial body of the FMS. It should be noted that by law this obligation is assigned to a foreigner, but in order to eliminate the possibility of the patent being revoked, it is better to fulfill this obligation instead.

Be sure to track the payment of advance payments for personal income tax, because... if the payment deadline is missed, the patent becomes invalid; in the event of an inspection, the employer may be held liable under Art. 18.15 Code of Administrative Offenses of the Russian Federation (maximum fine official- 70,000 rubles, organizations - up to 1,000,000 rubles. or suspension of activities for up to 90 days (if they are located in St. Petersburg or Leningrad Region)).

Situation: How to determine the deadline for paying the advance payment? You should look at the date of issue of the patent (let's say it is 02/06/2016). This means that the deadline for payment for the next month is 03/05/2016. If a foreigner does not bring receipts for advance payment of personal income tax, then on March 6, 2016 he should be suspended from work for up to 1 month. If the payment document does not appear, the employment relationship with him will have to be terminated under Article 327.6 of the Labor Code of the Russian Federation.

We must not forget about restrictions on profession and territory for patent foreigners. They can work only in the profession and only in the territory specified in the patent. In addition, the current legislation does not provide for sending patentees on business trips.

The result of the FMS inspections is an administrative offense

The result of the FMS inspections is an administrative offense

Here is a diagram that shows the number of cases of administrative liability based on the results of inspections by the Federal Migration Service of Russia as of May 16, 2016.

It should be noted that a total of 238,811 inspections were carried out, as a result of which decisions were made to prosecute for 527,449 administrative offenses.

Diagram 2

The amount of administrative liability for the most common violations is given in Table 2. Moreover, the employer (customer) should remember that liability arises for each foreigner and for each reason separately.

table 2

Administrative liability for violation of the law when employing foreigners

Norm Code of Administrative Offenses of the Russian Federation	Offense	Responsibility
		officials			organizations
Part 3 Art. 5.27	Evasion or improper execution of an employment contract	10 000 -		5000 - 10000 rub.	50,000 - 100,000 rub.
Part 1 Art. 5.27	Other violations of labor laws and regulations	Warning or 1,000 - 5,000 rubles.			Warning or 30,000 - 50,000 rubles.
Part 3 Art. 5.27.1	Admission to work for an employee who has not passed: · training in labor safety requirements and testing knowledge on them; · mandatory preliminary or periodic medical examination; · mandatory medical examination at the beginning of the working day (shift); mandatory psychiatric examination	15,000 - 25,000 rub.			110,000 - 130,000 rub.
	Admission to work for an employee if he has medical contraindications
Part 4 Art. 5.27.1	Failure to provide workers with personal protective equipment	20,000 - 30,000 rub.			130,000 - 150,000 rub.
part 4 art. 18.15	Involvement in labor activity without a work permit or patent, in a constituent entity of the Russian Federation other than where the permit or patent was issued, or where temporary residence was permitted. For failure to notify or untimely notification of the FMS about the conclusion/termination of an agreement, as well as attracting foreigners without obtaining permission to attract foreigners in the city of St. Petersburg or Leningrad Region	35,000 - 70,000 rub.			400,000 - 1,000,000 rub. or suspension of activities for up to 90 days
part 5 art. 18.15	Not notification of salary payment to VKS	35,000 - 70,000 rub.			400,000 - 1,000,000 rub.
part 3 art. 18.16	Violation of the rules for attracting foreign citizens at retail facilities in St. Petersburg and Leningrad Region	45,000 - 70,000 rub.	350,000 - 800,000 rub.		450,000 - 1,000,000 rub. or suspension of activities for up to 90 days
Part 1 Art. 18.17	Failure to comply with requirements to limit the number of foreign workers in certain industries	45,000 - 50,000 rub.			800,000 - 1,000,000 rub. or suspension of activities for up to 90 days