The question regarding whether it is possible to get a job without a residence permit worries every person who does not have a registration. There are many such people. A person may have a place of residence (a rented apartment, for example), but be without a residence permit. But everyone needs money without exception - that is why the above question is relevant. And therefore, everything that concerns him should be considered in detail.
About registration
To begin with, I would like to note that a person who does not have a corresponding mark on the place of residence in the passport can always draw up a document such as a temporary residence permit. And work in a prestigious position in a large company will become a reality.
To put it more correctly, this option is called registration at the place of stay. It is issued to citizens who change their place of residence for more than 90 days.
What is she like? This is a certificate in which the personal data of the person is marked, as well as the address at which he lives. No stamps are issued in the passport. This is the fundamental difference between a temporary residence permit and a permanent one.
Turning to the Labor Code of the Russian Federation
All processes related to the employment of citizens and the further determination of the duties and rights of each party are determined by the Labor Code. And each person who is interested in whether it is possible to get a job without a residence permit should get acquainted with the third article of this document. For people without registration, it is the most important.
It says that no employer has a legal basis for refusing a citizen of the Russian Federation to find a job due to his lack of registration.
Why does this happen? Indeed, many people complain that they will not be hired without registration, and even hire lawyers to resolve a labor dispute of this nature. The fact is that the presence of registration for a citizen is mandatory - as the current legislation says. Each person who decides to change their place of residence for more than 90 days, first of all, should be puzzled about the registration of a temporary residence permit in the territorial board or department of the FMS.
But many decide to do without unnecessary worries. And for employers, such a disregard for legislation is primarily a testament to the irresponsibility of a potential employee. Therefore, many people refuse employment without a residence permit.
Information for foreigners
For people who are immigrants, everything is not so simple. They are not subject to the provisions that are regulated in article No. 3 of the Labor Code.
There are two options for foreigners. The first is to obtain a work permit. And the second involves the registration of temporary registration in the Russian Federation. Both options, however, require preliminary collection of documents. In addition, if a foreigner wants to go to Russia to earn money, he will need a visa. And these and many other issues related to this topic, the immigrant will have to deal with while in his own country.
When registration is a prerequisite
In many cases, as it was already possible to verify, work without a permanent residence permit is possible. With some nuances, of course, but still.
However, there are such positions that it is possible to get a job only if there is a permanent registration.We are talking about fiscal service, work for law enforcement agencies, customs. If a person wants to become a representative of the state, then he will have to take care of registration. It is impossible to get a job without registering with a budget institution.
It is worth giving one relevant example. The student graduates from high school, receiving the specialty of civil servant. But he is a resident of another city or region. What to do? Receive a temporary residence permit. Moreover, this must be done during the last semester, since the end of training involves passing state practice, which in the case under consideration is also impossible without registration. And it really makes sense for future specialists to resolve issues related to this. Since entering the public service often implies obtaining municipal housing in Moscow and a socially stable position.
Solution to the problem
Making a temporary registration that can solve the problem of employment is actually very simple. A person only needs to collect in one folder a passport, an application of the established form (indicating the address of departure and arrival), as well as a certificate confirming his ability to move into housing.
Then, with the indicated package of documents, the person goes to the FMS along with the owners of the housing. If they cannot be, then their arrival can be replaced by a consensus prepared by them in advance, notarized.
After applying, you have to wait a bit. The minimum period is three days, the maximum reaches several weeks (in rare cases).
What to do in case of failure?
So, it was briefly described above about whether it is possible to get a job without a residence permit. Now we should talk about cases of failure, which, as already mentioned, are not so rare.
If the employer denied the applicant a job due to the fact that he does not have a residence permit, then in fact he violated his right fixed by law. And when labor disputes arise due to refusal, people should refer to article 64 of the Labor Code. It is in it that the cases of violation during employment are clearly defined. And a refusal due to the lack of a permanent / temporary residence permit - including.
Reference should also be made to article No. 65. It identifies a list of documents that are necessary for the applicant to be hired. And there is no certificate of residence registration in it.
Thus, it can be stated that these two articles are aimed at protecting the constitutional rights of potential applicants. They clearly regulate the process of hiring and allow you to resolve situations in which the head of the company begins to require the presentation of documents not included in the officially designated package of papers.
Where to file a complaint?
So, if a person who was interested in working without a passport in a passport attended an interview, but they showed him there, without even paying attention to the fact that he knows the law and refers to the 64th and 65th articles, he has every right to open a labor dispute.
This is done in court. All requirements for the lawsuit, as well as the list of documents required for submission to the court, are provided for in Articles No. 131 and No. 132 of the Civil Procedure Code. The application must be submitted in writing. It must specify:
- The name of the court.
- Data of the plaintiff and defendant (including the location of the organization).
- Description of violation of law.
- Circumstances that are the basis for filing a claim.
- The price of the claim (in this case, the requirement to conclude an employment contract).
Still need documents relevant to the consideration and resolution of the case. It will also be necessary to attach the petitioner of the plaintiff.
About the consequences for the applicant
Everyone who is interested in whether they will be hired without a residence permit must be aware that his attempt to find a job can result in a number of negative consequences for him.The fact is that for ignoring the aforementioned provision on the mandatory presence of permanent / temporary registration, the law provides for punishment. In accordance with the Code of Administrative Offenses (Article 19.15), a person who does not care about the timely registration of a residence permit is fined, the amount of which can reach 5,000 r.
In practice, things are even more complicated. The applicant comes for an interview, during which it turns out that he does not have a residence permit. What does a competent employer do? He reports to the UFMS that this person has violated the registration rules. Since the applicants often provide information about themselves in advance, even before coming to the interview, the representatives of the Federal Migration Service quickly find them and forcibly call for responsibility.
There is one more consequence. And it consists in a small amount of future retirement. If a person does not have a registration, then he cannot make tax payments. Therefore, it is in his interests to make a temporary residence permit.
By the way, the probability that the employer will report to the FMS is quite high. If he does not employ a person without a residence permit, he will violate the 64th and 65th articles of the Labor Code of the Russian Federation, and will also be called to account under Art. 5.27 of the Code of Administrative Offenses. Therefore, he will prefer to inform the FMS of the violation observed. Of course, in these provisions there is a certain paradox, but such are labor disputes and their specifics.
What else should you know?
A person who is interested in whether a residence permit is required when applying for a job will not be superfluous to inquire about what advantages he may miss, having found a place where registration is not required.
Firstly, having a documented place of residence, he is guaranteed to receive an official position. This also implies “secondly”, which implies regularly paid salaries, vacation and sick leave, the availability of insurance and regulated weekends. Thirdly, it will be registered in the local Pension Fund. All this will give a person the opportunity to pay taxes. Which, in turn, guarantees the absence of problems with the bodies representing the law.
Other "pitfalls"
This is not all that can be said about whether it is possible to get a job without a residence permit. It is important to note other cases as well.
So, for example, if a person is registered in the Moscow region, then upon arrival in the capital he does not need to receive a temporary residence permit in it.
Foreigners, in turn, in addition to obtaining a work permit, will need to get a temporary registration, and do this within 7 days after the day when their work began.
Other terms apply to residents of Belarus and Kazakhstan, as these countries are members of the Customs Union. They are allowed to register for 30 days after arriving in the capital.
In those cases when a person has work in another city without a residence permit, he can be calm until the FMS representatives visit the company with a check. Then he, like the employer, will have to face some troubles associated with the violation of the law.
Possible vacancies
In continuation of a somewhat controversial topic regarding whether they will be hired without a residence permit, I would like to note with attention the positions that are most often occupied by people without registration.
Typically, these are taxi drivers, real estate agents, telephone orders, operators, personal chauffeurs, painters, builders, repairmen, printers, packers, cleaners, and maintenance staff.
About work in Moscow
I would like to say a few words about employment in the capital of our country. Many are interested in working in Moscow. Without a residence permit (local, of course) it is very difficult to obtain it. If you pay attention to the ads, you can see that in every second, in the paragraph "Requirements for the applicant", the presence of registration in Moscow or Moscow Region is noted.And employers who are contacted by people who do not have it often turn to the FMS with a complaint about their violation of the notorious provision of the law.
However, article 19.15 has an important note noted in its second part. It says that a person who is in the capital without a residence permit is exempted from the administrative responsibility laid down for her absence. But with only one amendment. This note applies to people staying in a dwelling (apartment, house, town house, etc.).
Documents for presentation at employment
Finally, it is worth identifying the list of papers that the applicant is required to submit when applying for a job. Here is what it includes:
- Passport or other document confirming the identity of the citizen.
- Employment history. But this is only if hiring is done for the first time. For a person who has no formal experience, the employer gives the work book.
- SNILS.
- Certificate of education.
- For men, a military ID.
Some employers do not require compliance with the penultimate paragraph. But this nuance depends on the specifics of the enterprise and its activities. Otherwise, there are no exceptions.