The labor legislation of the Russian Federation is characterized by the presence of a sufficiently large number of norms, the compliance with which is required when formalizing the relationship between the employer and the employee. There are also features when concluding a contract of a Russian company with a foreigner. How is an employee issued with a passport of the Russian Federation? What is the specificity of legal relations between Russian employers and foreign employees?
The specifics of determining the order
The employment procedure is a set of norms and procedures presented in a wide range of varieties. The term “order” can be understood as a certain algorithm of the personnel officer’s actions, or, for example, criteria determining the possibility of registering a candidate for a post. An HR specialist must verify that they are available. As a rule, both forms of order involve an appeal to the regulatory norms of labor legislation.
A common employer recruitment scheme for many employers typically includes both activities. First, the HR specialist studies the candidate’s profile, in some cases decides to choose him from among other applicants for the position. After that, he implements the actual procedure for hiring, providing for following the algorithms fixed at the level of various sources of law.
It is believed that the "order" in question, should be understood only the second type of activity of personnel officers. In this sense, many HR professionals prefer to define this procedure as the procedure for applying for a job. The main activity of the personnel officer in this case will be focused on working with documents. The stage involving the study of the candidate’s profile (including the decision to choose a specific specialist for a competitive position), many analysts do not belong to the group of tasks that reflect the procedure for hiring citizens.
But if you follow the point of view according to which the corresponding algorithms are considered within the framework of a broader interpretation, the first stage of the interaction between the employee and the employer company will be reduced to determining the possibility of allowing a person to conclude a contract. We will study this aspect in more detail.
Employee hiring: admission conditions
The methodology for selecting a candidate from among several applicants can be very different. Some companies prefer, for example, to focus on recommendations, others - to study professional achievements. There are employers for whom grading in a diploma, the results of psychological tests, etc. are priority. It is difficult to single out even any general scheme. However, the procedure for hiring citizens at the stage preceding a candidate’s interviews and other “exams” organized by the company, as a rule, involves determining whether it is possible in principle to allow a specific specialist to perform the corresponding functions in the company.
The most common criterion considered by the personnel officer is the age of the candidate. In general, a person can be allowed to work if he is already 16 years old. But there are exceptions to this rule. For example, if a person already has a general education or may not receive it legally, then he has the right to start working from the age of 15. It is also possible to hire a citizen to work from the age of 14, but only with the consent of the parents.
If a person has passed the “tests” and his profile meets the legal criteria for admission to work, then the employer company, however, may decide to refuse to apply for employment with the candidate. In what cases is it possible and legal? The issues under consideration are mixed among lawyers. But we will try to find significant patterns.
Reasons for refusal of employment
The legislation of the Russian Federation, which determines the procedure for hiring, contains very few reasons for the refusal of the employing company to formalize labor relations with candidates. One of the possible reasons we have identified above is age. Another reason for refusing to accept a job may be a person’s reluctance to provide the necessary documents. labor relations documents. Also, the employer may not take a specialist if he believes that he is not ready to perform official duties due to non-compliance with physical or psychological criteria. Another legal basis for refusal is employment records that a person is not entitled to engage in certain types of activities. There are other options for refusing employment, as provided by law.
If the employer makes an appropriate decision unreasonably, the candidate may well go to court. Moreover, the law enforcement practice in the framework of this sphere of legal relations is very different. This is due to the fact that the provisions of the law that determine the legal grounds for refusing to sign a contract, as many experts consider, are very streamlined, they can be interpreted in different ways. But the most important thing for the employing company is not to make obvious mistakes related, for example, to the decision to refuse due to any personal characteristics of the candidate, his lack of registration, political views, etc. Otherwise, the court in this case with a high probability will side with the applicant for the position.
Required documents
So, the employer decided to invite a specific candidate to work, making sure that his admission is possible, and that he meets all the necessary qualification requirements. Further actions are determined by the statutory procedure for applying for a job. The main activities of the personnel service here will be associated with the collection of necessary documents and work with them. A significant part of them should be provided by an employee. What documents are needed in the framework of the algorithms, which involves the employment procedure, documents?
First of all, this is a work book - the main source in formalizing the relationship between the employer and the employee. She always gives up the previous employer. But if a person gets a job for the first time, then the new employer must assist in its design. It should be noted that even for entrepreneurs, the procedure for hiring involves the design of work books for employees. There is a not quite correct point of view that entrepreneurs may not start relevant documents. An employer in general civil status - not registered as an individual entrepreneur or as an official in a business company may not draw up a work book. Confusion sometimes arises due to the fact that an individual entrepreneur is also an individual and not a legal entity. But employers must draw up employment books for their employees.
Another important document is SNILS, certificate of pension insurance. Using the data from it, the employer company will be able to provide the correct deductions from the employee's salary in the FIU.
For men applying for a job, it may be necessary to present a military ID and other documents related to military service.
Need, of course, a passport - the main identity card in the Russian Federation.Moreover, this document, according to the law, is needed only in order to identify a person. It doesn’t matter if there is, for example, a registration stamp. If the candidate does not yet have a passport due to age, he can bring a birth certificate.
Many employers also prefer to enter in their registers information on diplomas and certificates received by a specialist. However, there are areas in which the procedure for hiring provides for the mandatory presentation of relevant documents by employees. For example, this is medicine, pharmaceuticals, and the transport industry.
Registration of an employment contract
The general procedure for hiring citizens involves fixing the relationship between the employer and the employee through an employment contract drawn up in accordance with the norms of the Labor Code of the Russian Federation. A variant is possible in which the corresponding document will be replaced by a civil law contract. But for this, the nature of the work and the specifics of the interaction between the employer and the employee must satisfy a number of criteria. For example, registering a relationship through a document alternative to an employment contract, the employer does not have the right to require the hired specialist to appear on schedule, as well as to execute orders. It can be noted that such contracts, in principle, do not apply to labor law, but are considered a common alternative to contracts concluded under the norms of the Labor Code of the Russian Federation.
An employment contract is a document that must be concluded in writing and drawn up in duplicate. A variant is possible in which a person actually begins to fulfill his duties, but the contract is not signed. However, within three days from the start of work as a specialist, the employing company is obliged to draw up an appropriate contract and sign it. Moreover, all the time that a person worked, he should be paid a salary.
The order of acceptance to work
The procedure for hiring employees for work stipulated by Russian law also requires the execution of a number of other documents, not counting the employment contract. Among those that are mandatory in most cases is an order from the head of the company, reflecting the fact that such and such a person has been hired. This document should be compiled on the basis of the provisions of the signed labor contract.
Other documents
There are other important sources that the employer may need to fill. These can be various accounting forms, such as, for example:
- T-3 (staffing information);
- T-1, T-1a (orders for the admission of one or more employees);
- T-2 (data on the employee in a personal card).
You may also need to familiarize the person with documents reflecting inner order rules, collective labor contracts, information on labor protection, etc. The exact list of sources determines the procedure for hiring an employee in a particular organization. It may depend on the specifics of the employing company and the position in which the employee will perform his functions.
The procedures considered by us above are relevant when registering labor relations between Russian employers and citizens of the Russian Federation. However, the procedure for hiring foreigners to work is characterized by certain specifics. We will study this aspect.
How to apply for a job as a foreign citizen
The main legal act determining how Russian employers should apply for work of citizens of other states is the Federal Law “On the Legal Status of Foreign Citizens”. This law defines the status of a foreign worker. Such is possessed by a citizen who is a subject of another state, legally located in the Russian Federation and having the right to legally carry out labor activities.
Moreover, there may be three statuses reflecting the legal mechanism for finding a person in the territory of the Russian Federation.
First of all, this is a status involving the temporary stay of foreigners in Russia. The main documents that confirm it are a visa, as well as a migration card.
Secondly, this is a status that involves the temporary residence of a subject of another state in the Russian Federation. The main document that confirms it is a temporary residence permit.
Thirdly, this is a status involving the permanent residence of a foreign citizen in the Russian Federation. The document confirming it is a residence permit.
In some cases, before engaging in attracting foreign workers, the employer must obtain permission to do so. You need to issue it in the FMS. However, there are scenarios where appropriate permission is not required. This applies to cases when the status of a foreigner implies the presence of a residence permit or temporary residence, confirmed by an appropriate document from the FMS.
The procedure for admission of foreigners largely depends on whether a foreign citizen came to the Russian Federation without a visa or with her.
Visa Factor
In the first case, it is necessary to issue a conclusion from the employment service. Also, as a rule, a document from the internal affairs body approving the involvement of foreigners in work is required. A foreign citizen himself must obtain permission from the Federal Migration Service for employment in the Russian Federation. It is valid for a year, but it can be extended. At the same time, there is a special procedure for hiring refugees. Foreign citizens in this status do not need to apply for a work permit.
If a person came to the Russian Federation on a visa, then in addition to the above documents it will be necessary to issue an invitation to enter the Russian Federation in order to get a job, as well as receive a document approving the attraction of a foreigner. Also, for a foreign citizen, it is necessary to apply for a job permit at the FMS. This procedure is carried out with the direct assistance of the employing company, and therefore is considered one of the most time-consuming for both the employer and the foreign worker himself. What is required from the company:
- send to the FMS an application in the prescribed form to issue an invitation to a foreign citizen;
- attach a copy of the passport of a foreign employee;
- send to the FMS documents confirming payment of the state duty for the corresponding service;
- to supplement the package of documents with letters of guarantee reflecting the obligations assumed by the company regarding medical, housing, and also material support of a foreigner who is invited to work in Russia;
In turn, the foreigner must provide the following documents for subsequent submission to the FMS:
- application form;
- color photo 30 by 40 cm;
- copy of your passport;
- copy of diploma or other document confirming qualification;
- medical certificates for the absence of infectious diseases;
- documents confirming the payment of state duties.
The procedure for obtaining the appropriate permit lasts about a month.
The employment book, as in the case of applying for a Russian job, is mandatory for foreigners.
These are the main actions of the employer when registering foreigners. It can be noted that citizens of Belarus, which have signed an agreement on union union with the Russian Federation, have special privileges. Registration of Belarusian specialists does not require any procedures related to obtaining permits.
Employment: general scheme
Let's try to visualize the information we studied. The general procedure for applying for a job, as provided for by the laws of the Russian Federation, may look like this.
1st stage: selection of candidates for whom admission to an open vacancy is possible (by criteria of age, education, experience, etc.).
2nd stage: conducting contests, tests, interviews.
3rd stage: signing an employment contract.Sometimes it is preceded by the actual admission of the employee to perform duties.
4th stage: filling in by the employer of other documents (forms, orders).
5th stage: familiarization of the employee with the rules of procedure, collective, trade union agreements, etc. The official start of work.
What is the procedure for hiring Russian firms by citizens of the Russian Federation and foreigners, we studied. The procedures studied by us are not complicated, although they may require a significant investment of time. Russian companies that once gained experience in registering a foreigner, as well as regularly hiring citizens of the Russian Federation, as a rule, do not have problems in order to comply with the provisions of the law.