Sample employment contract with a foreign citizen: features of the drafting

Russia is one of the most famous employers for foreigners. This applies to both low-skilled workers and highly qualified specialists. Sometimes company leaders violate the terms of employment of foreign citizens, in particular, do not document employment. But the sample employment contract with a foreign citizen differs from the usual document.

What does the law say?

Since 2015, non-residents of the Russian Federation can be hired only under a patent. Work permits, as well as quotas for CIS citizens on labor migration, were canceled.

In order for the employer to sign an employment contract with a non-resident or with a stateless person, the latter must have:

• a patent that gives a citizen the right to work in Russia;
• right of temporary residence;
• medical insurance or a written statement from the employer company about the payment of expenses for the treatment of a citizen.

All the nuances that reflect the rules for admission of a foreign citizen are spelled out in the Labor Code of the Russian Federation and Federal Law No. 115 of 07.25.02.

The following is a sample draft labor contract with a foreign citizen.

Recruitment

Foreigners are hired by the same parameters as residents of the Russian Federation. Namely, a non-resident must present the following set of documents when arranging:

1. Passport or other document that identifies the identity of the employee.
2. A visa, a migration card, a work permit issued before 2015, or a patent.
3. Labor book. In its absence, the company must have a form.
4. SNILS.
5. A document confirming the availability of education and qualifications.

No other documents are required from a foreign citizen. In turn, the employer must inform the FMS within 3 days that he hired (or severed the employment relationship) a foreign citizen.

The following is a sample employment contract with a foreign citizen, a patent for work in the Russian Federation.

Who is hired?

You can only hire foreigners who are in the state on a legal basis. Such citizens include:

1. Non-residents. These are those people who reside in the Russian Federation temporarily or permanently, while having a temporary residence permit or residence permit. If a citizen has a visa, then there must be a note in it that the purpose of staying in the country is work.
2. Migrants. A person holding a migration card. In this case, a sample employment contract with a foreign citizen is concluded solely with a patent and if the citizen is over 18 years old.
3. Qualified staff. Such foreigners occupy leading positions and receive high wages. In order to get a well-paid job, a non-resident must go through a slightly different design algorithm than other people. First, the head of the organization must submit a petition to the FMS about the desire to invite a foreign citizen to the post. Further, he must conclude a preliminary labor contract with a foreign citizen (a sample is presented below) on the forthcoming work, indicating all working conditions in the document. Also, the head must assure the FMS that he is ready to pay for possible costs associated with the deportation of a specialist.
4. Unskilled staff. Previously, such persons had the opportunity to work only with individual entrepreneurs or individuals.Now, citizens without qualifications can work with any employer upon presentation of a patent, which is issued no later than 30 days from the date of arrival in the country.

The patent has limitations: from 1 month to 12 months and applies only to the country that issued it. At the discretion of the authorities, the type of labor activity may be included in the document. A patent can be renewed no more than once and only for a month.

Conclusion of an agreement

According to ch. 50.1 of the Labor Code of the Russian Federation, a model for concluding an employment contract with foreign citizens is provided. Namely:

• features of the conclusion;
• basic documents that must be presented when applying for a job;
• features of temporary transfer;
• suspension conditions;
• conditions for termination of employment;
• features of payments and guarantees.

The main nuance: after the non-resident has a document authorizing his stay in Russia, the employer must break off his employment relationship.

Only employers who have the right to involve non-residents and stateless persons in the work can have samples of the form of an employment contract with foreign citizens.

Patent Documents

As mentioned earlier, only those who have a patent for work can get work. To receive it, a non-resident must submit to the FMS the following documents:

1. Patent Application.
2. Passport or other identification document. This may be a residence permit, visa, etc.
3. Migration card.
4. Medical insurance.
5. Medical certificate number 3. This document confirms the absence of infections and other similar diseases.
6. A document that proves a foreigner's knowledge of the Russian language, legislative framework and history.
7. Proof of temporary registration.

Content

According to the Labor Code of the Russian Federation, the model of an employment contract with a foreign citizen is not much different in content from the standard document. The mandatory aspects of the contract include:

1. Subject and duration of the agreement.
2. Employee wage conditions.
3. Responsibilities of both parties.
4. The rights of both parties.
5. A responsibility.
6. Terms of change and termination of employment.
7. Additional terms.
8. Legal details, payment details.
9. Signatures.

The following information must be included in the contract:

• a permit or patent authorizing labor activity in the Russian Federation;
• information of the original temporary residence permit;
• for those persons who permanently reside in the territory of the Russian Federation, it is necessary to indicate a residence permit (information on the terms);
• about health insurance.

Considering the provision of part 1 of article 58 of the Labor Code, an employment contract can be either fixed-term or unlimited, unless otherwise provided by law.

Some employers believe that it is better to conclude a fixed-term contract with a foreign citizen. But again, Russian law sets certain conditions for concluding such agreements.

For foreigners, only the terms of the employment document are provided. None of the legislative acts implies that an indefinite employment contract with a foreign citizen (a sample of which was submitted earlier) cannot be concluded on a common basis.

Consequently, the head of the organization is obliged to sign a standard contract with a foreign employee without a fixed period, unless otherwise provided by law.

Notification

According to the rules of the law, both the employer and the foreign worker must send a notice to the FMS about both employment and termination of the employment agreement. A notice is a mandatory action, for the failure of which a fine may be imposed. Moreover, considerable fines: up to a million rubles per company and up to 70 thousand rubles per guilty person.

Therefore, after the contract with a non-resident is signed, the employer must send a notification to the FMS within 3 days.A separate document is drawn up for each such employee.

The same applies to termination of the contract.

Signing Dates and Renewals

Initially, it was believed that the model of an employment contract with a foreign citizen was determined by the term of validity of a work permit in the Russian Federation. It turns out that the employer was required to conclude only a fixed-term contract. In some cases, this was inconvenient because permission is given for 12 months. And if you focus on it, then every year you will have to terminate the contract and conclude a new one.

Now, organizations have the right to conclude perpetual contracts, and fixed-term agreements are signed for seasonal or temporary work. Thus, the procedure for dismissing a foreigner is shortened, where the basis is the termination of the document.

Payout Features

As for payroll for foreign citizens, it is carried out in accordance with an employment contract. In this case, the amount of charges and additional fees should be agreed upon before signing the document. All monetary transactions with a foreign citizen should be carried out only in the form of transfers to a bank account. The employer has no right to issue money in cash.

A sick employee can be paid for in a standard manner, unless he is temporarily in the country. Holidays are also documented and paid according to legislative norms.

But a foreign worker must also make certain payments. These include:

1. State duty for a patent. It is paid every month in the amount of 4 thousand rubles. You can’t skip the payment, because you can lose the patent.
2. Patent tax. Also paid every month.
3. Payroll taxes.

The following is a sample of filling out an employment contract with a foreign citizen.

Termination

Termination of an employment agreement with a foreigner is possible on general grounds, which apply to employees of the Russian Federation. In addition, additional conditions are used:

• expiration of a patent;
• the end of the period of validity of the document, which is the basis for residence in the Russian Federation;
• expiration of the right to work;
• the organization has exhausted the limit on attracting foreign citizens to work;
• the period of validity of the permission of the employer has ended;
• the end of the period of action of the medical policy.

Termination of an employment contract with a foreign citizen (sample is presented below) occurs within a month.

A responsibility

Administrative responsibility is imposed both on a foreign person and on the head of the organization.

For example, if a non-resident performs labor duties not in the subject indicated in the patent, a fine of up to 5000 rubles is imposed on him. In addition, a citizen can be expelled from the country.

The head of the organization in this case may be fined:

• 2000 - 5000 rubles, if it is an individual;
• 25,000 - 50,000 rubles if this is an official;
• 250,000 - 800,000 rubles. If it is a legal entity.

After the patent has been obtained, the citizen can begin to search for work, but if within six months he could not do it, he still has to return to his homeland.