It is often impossible to find the necessary Russian specialists for applying for jobs in specialized and difficult positions, therefore, the employment of a foreign citizen is the best solution. Each employer must understand how this procedure is performed correctly, what documents should be received from a person, and also what difficulties may be encountered.
What requirements are followed by the employer?
If employment of foreign citizens is really necessary, the head of a Russian company should be aware of some of the requirements that must be met. The main conditions include:
- Before hiring foreign citizens, permission to do so is required in advance, since otherwise all contracts concluded with migrants will be recognized as illegal and invalid;
- must formally conclude an employment contract with a specialist;
- after the conclusion of the contract, it is required to send notifications to the Federal Tax Service, FMS and the Ministry of Internal Affairs;
- notice is also required in the event of termination of relations between a foreigner and a Russian employer.
Every sensible business owner should approach the process of employment of foreign citizens in order not to violate legislation in this area, which will lead to the need to pay significant fines.
When is permission not needed?
Almost always, when it is planned to employ a foreign citizen, you must first obtain permission. But there are certain cases that are considered an exception. Registration of permission is not required in situations:
- a foreigner came from a state with which Russia has a visa-free regime;
- a citizen is a highly qualified specialist;
- a person simultaneously with employment receives higher education in a Russian institution on a full-time basis;
- a foreigner is sent to conduct business in a branch or representative office of a company located in the territory of a state that is a member of the WTO.
Under the above conditions, you can not waste time for the employer to obtain a permit to employ a foreign specialist.
What documents are needed?
Employment of foreign citizens in the Russian Federation requires the availability of a certain set of documents for specialists that allow him to prove his professional suitability and official work status. They are presented in many varieties, so every business owner should be well versed in them. Documents for employment of foreign citizens may vary slightly depending on qualifications, citizenship and other parameters of the applicant.
| Required documents | Their features |
| Work Permit or Patent | The law states that you can officially apply for a foreigner with a permit obtained by a citizen of another country, and he may also have a special patent for a job. A patent is issued to foreigners visiting the Russian Federation without the need to apply for a visa. You can work exclusively in the region where this document was issued. Often, it even contains information about the chosen profession. A work permit is issued to foreigners who cross the country's border with a mandatory visa. This document, like the patent, is valid only in the region where it was issued. It indicates the type of activity of a citizen, his profession and specialty.A patent can be issued independently, but permission is allowed to be obtained exclusively with the help of the chosen employer. |
| Identity Documents | This includes a passport or other documentation that can replace it, for example, a driver’s license. |
| Documentation confirming that the alien legally resides in Russia | This includes different migration cards or arrival notifications. At the same time, there should be a mark on the basis of which the person was registered with the migration register. Information on these documents must be contained in the employment contract. |
| Employment history | It is considered the main document of every officially working person. She indicates where a citizen previously worked, what positions he held, and also at what periods of time he was officially employed. Information is entered not only about the employee himself, but also about all employers. |
| SNILS | Every working Russian citizen knows what this document looks like. It is represented by a green laminated card, and at the expense of it, pension insurance is provided even to foreigners. |
| Education Documents | Any Russian employer wants to hire a truly experienced and qualified specialist, therefore, he will check the education document. Usually he is represented by a diploma with grades. If a specialist has special qualifications, then he must have certificates or diplomas confirming this qualification. |
| Medical policy | Foreigners will not be able to get in Russia the compulsory medical insurance policy that every Russian citizen has. It is intended for free assistance from medical personnel. Insurance received by foreigners in other countries will not be valid in the Russian Federation. Therefore, they must acquire a voluntary VHI policy. |
| Other papers | The above documentation is mandatory, but the employers themselves may have additional questions, on the basis of which it will be necessary to confirm the qualification, skills or experience of a foreigner with other documents. Therefore, a portfolio or examples of work may be required. |
Thus, any foreigner planning to find a job in Russia should pay a lot of attention to the competent preparation of the necessary documentation for these purposes. Without mandatory papers, it is impossible to employ a foreign citizen. The full list can be clarified directly in the company where the specialist plans to work.
Can I work without permission or patent?
Employment of a foreign citizen in the Russian Federation suggests that foreigners themselves may not apply for a permit or patent if they temporarily or permanently live in Russia.
The same applies to situations:
- the person is an employee of the consulate or various international companies;
- he may be a member of the state program, on the basis of which the resettlement of compatriots is carried out;
- no permission or patent is required for foreigners who specialize in installation or service, as well as warranty service of various technical apparatuses and other equipment;
- these papers are not needed for persons studying full-time at a Russian university, but at the same time they should work in their free time;
- Journalists accredited in Russia also do not need permits;
- people invited to the country to work as a researcher or teacher;
- these documents are not needed for accredited employees of representative offices of various foreign organizations;
- it is not required to draw up paper for minor athletes or persons planning to find a job in the field of theater or cinematography;
- people who have refugee status or have received temporary asylum in the country also do not need a permit or a patent before losing the relevant status;
- it also includes people who are citizens of the states parties to the EEC treaty.
Thus, the employment of foreign citizens in the Russian Federation has many nuances, but in certain situations, even foreigners do not need to apply for a work permit or patents.
The process of employing a foreigner
There is a correct and simple step-by-step instruction for employment of a foreign citizen. Following it, every Russian employer can avoid various problems with the FMS or other government agencies.
Therefore, you must first understand the sequential steps of this procedure.
Determination of the status of a foreigner
First, the employer must understand what status a future foreign worker has. Features of the employment of foreign citizens are that such a specialist may have a different status:
- temporarily staying in the Russian Federation on the basis of a visa or without it, moreover, he may have a work permit or patent;
- temporarily living in Russia, and for this he must have a permit valid for three years;
- permanently living in the Russian Federation, so he must have a residence permit, and this document is issued for five years.
If the applicant does not meet the above requirements, then he will not be able to properly apply for a job.
Study of migration documents
If you require the employment of a foreign citizen with a residence permit or temporarily residing in the country, you must carefully check all the documents that he has. The main migration documentation, which must be available from such an applicant, include:
- copy of passport;
- migration card;
- work permit or patent;
- registration, and it must be valid;
- TIN and SNILS;
- voluntary insurance policy.
Even if a specialist is hired, who is a citizen of a country with which Russia has a visa-free regime, the same documents are still needed. In certain situations, you do not need a work permit.
Competent employment of foreign citizens in Russia suggests that it is important not only to verify the availability of the necessary documents, but also to check their validity.
Introduction of the applicant to the company staff
The next stage involves the introduction of a foreigner into the organization’s staff. To do this, the following actions are performed:
- the future employee signs various important documents of the company, which include labor organization rules at the enterprise, collective agreement and other documents governing work in the company;
- an employment contract is drawn up, and it is only possible to draw it up in relation to an adult worker in Russian, and information is entered from the words of a foreigner or according to documents transferred to him;
- the contract should not contain errors, and also write the information available in the patent or work permit;
- data from the VHI policy and other documents are entered into the document;
- an agreement is drawn up for an indefinite period of time;
- according to Art. 59 TC is allowed in some situations to form an urgent agreement;
- during the work of a citizen, it is important to ensure that the validity of his permit and visa does not end, since he must be dismissed in a timely manner under such conditions;
- if the employee does not have a work book, it will be started at him in the company;
- it is not allowed to rewrite previous entries in this document;
- a personal card in the form of T2 is entered into a new employee, in which the foreigner signs.
Thus, the procedure for employing foreign citizens is not considered too complicated if it is well understood.
Registration on the territory of the company
If a foreigner is registered not in a house or apartment, but with a legal entity, then the employer himself must register him with the FMS.Employment of foreign citizens in this case involves the formation of a special notice of registration. In this case, the employee will be registered at the address of the company in which he works.
It is important not only to correctly compose a notice on a foreign citizen’s employment by the organization, but also to prepare the necessary documents, which include a copy of his passport, a migration card, information about the last place of registration, a patent, a check on his payment and a copy of the employment contract.
FMS notification notification
A notice of employment of a foreign citizen must be transmitted to the FMS department. This document indicates that an agreement has been signed with this alien. The term for its preparation and other factors from the document are prescribed.
The notice of employment of a foreign citizen by the organization must be transmitted within three days after signing the agreement.
After performing all of the above actions, competent employment of a specialist is ensured.
What funds are paid for a foreigner?
Each company that officially hires any specialists should make different payments for them. The same applies to foreign workers. Monthly funds paid:
- 13% in the form of personal income tax on all income of a foreigner;
- PF transfers 22% of income;
- FSS paid 0.2%;
- in the FSS NS it is required to calculate and pay 1.8%.
Salaries are set no lower than the minimum wage, because otherwise organizations for the employment of foreign citizens, represented by the FMS branches, as well as the Federal Tax Service, can bring a negligent employer to administrative responsibility.
If violations are detected, the employer must transfer the entire necessary amount to the employees, as well as recalculate the tax. In addition, a fine of 20% of unpaid taxes is charged.
Checking Patent Checks
An employer hiring a foreigner must check the checks on a patent basis every month on the basis of which personal income tax is transferred.
If funds are paid out of time, then automatically this document ceases to be valid, therefore a foreigner is considered illegal. Therefore, he can no longer continue his activities in Russia. If he wants to continue working, he will again have to cross the border and deal with the patent.
Dismissal Rules
If it is required to dismiss a employed foreigner, the employer issues an appropriate order. It is provided to the employee under signature.
On the appointed day, an entry is made in the work book, which indicates the termination of the contract. In the employee’s card, a foreigner puts a signature that confirms that the work book was returned to him.
The employer must notify the FMS of the dismissal of a foreign citizen.
Responsibility for Violations
If the migration legislation is violated, then this becomes the basis for bringing the violator to administrative responsibility. It is presented in the form of large fines:
- if foreigners are illegally hired by individual entrepreneurs, then a fine of 4 to 7 thousand rubles is imposed;
- for legal entities for the same violation a penalty of 400 thousand rubles is imposed. up to 1 million rubles, and may also temporarily suspend the company for up to 90 days;
- for officials, such a violation is accompanied by the payment of a fine in the amount of 35 to 70 thousand rubles.
Fines are additionally imposed if there are no notifications to the FMS or they are not sent on time.
Thus, applying for a job of foreigners is a rather specific process for Russian employers. The procedure should be implemented in the correct sequence of actions.It is important to carefully check all documents of a foreigner, as well as send a notice of employment or dismissal to the FMS. For violations severe penalties are imposed, which are represented by large fines, and firms may even be faced with the need to temporarily suspend work.