Employment of a citizen of Ukraine: documents, employment rules

The legal employment of foreigners is a big problem for all firms. Most do not even know what documents need to be completed in order to hire a foreigner. Therefore, they try to circumvent difficulties and hire illegal immigrants. It is always a very dangerous choice, and at every moment the company can suffer damage for breaking the law by paying a huge fine.

To understand how to hire a citizen of Ukraine, you need to familiarize yourself with the sequential clearance steps.

Determining the status of a national of another country

The status of a foreign employee depends on his registration for work. There are three statuses:

1. Temporary stay is work on an open visa or on a migration card.
2. Temporary residence - these are people who have a temporary residence permit in the country.
3. Permanent residence - are citizens of another country who have a residence permit in a foreign country.

Necessary documents for signing an employment contract

When registering a foreigner, the employer must write to the Ministry of Internal Affairs a notice on hiring a citizen of Ukraine or citizens of other countries. This alert is necessary for bodies that control migrants and their stay in the country. The Ministry of Internal Affairs must be notified within 7 days from the date of border crossing. Such a notification should be issued for each migrant on a special form.

The package of documents when applying for the work of a foreigner and Russian citizens are similar. Newly arrived workers must present documents:

• identification;
• visa, migration card, patent or work permit in a foreign country;
• employment history;
• state pension insurance (if the employee does not have such insurance, the employer is required to arrange it);
• medical insurance in a foreign country (this insurance is necessary if the company does not have an agreement with a medical organization for the provision of medical services);
• diplomas confirming the qualifications and special knowledge of the employee.

The rules for hiring citizens of Ukraine or other foreigners do not require documents from the military enlistment office.

In order to conclude a civil law contract (GPC), all of the above documents are required, except for the work book. When the employment contract and the GPC contract are completed, within 3 days it is necessary to notify the Ministry of Internal Affairs about this.

How to pay taxes on the salaries of citizens of another country

Depending on the status of a foreigner, certain tax payments are made. Options for payroll deductions:

• for workers who have the status of temporary or permanent residents, wages are taxed on pension, social and medical insurance at the rate of organizations;
• for workers with temporary residence status taxes are only levied on pension insurance at the coefficient of the organization, as well as 1.8% for temporary disability; health insurance premiums are not paid or accrued.

If a resident of another country stays in Russia for 183 days during a year, then he is a resident, and 13% of personal income tax will be calculated from his salary. If less than 183 days, then personal income tax will be deducted from the salary in the amount of 30%.

What you need to check when enrolling in a migrant job

Usually, residents of the former CIS apply for jobs in Russian companies. The employment of a citizen of Ukraine or other residents of the CIS requires a package of documents:

1. If a permanent migrant is issued for work, then the employer must request a residence permit from him. Such a document is issued for 5 years with the possibility of extension. You can work with a residence permit in all cities of the Russian Federation.
2. Without a patent and permission, migrants with temporary residence status may be employed. But by law, they have the right to work only in the region where they received temporary residence. This is a stamp in the passport for a period of 3 years. After its completion, a migrant can apply for a residence permit or leave the country. The employment of a citizen of Ukraine with the status of temporary residence occurs according to the scheme, as does the registration of a Russian citizen.

Registration of an employment contract for migrants without visas with the status of temporarily staying in the territory of the Russian Federation

Since 2015, migrants in Russia who do not have visas are registered for work on the basis of a patent. It can be issued for a minimum of 1 month, and a maximum of one year.

In order to draw it up, it is necessary to submit an application to the Ministry of Internal Affairs within a month from the date of crossing the border. A migrant needs to have a passport, a certificate confirming an understanding of the Russian language, as well as a certificate of knowledge of the laws and history of the Russian Federation.

Employment of citizens of Ukraine with a patent

In order for a Ukrainian to find a job legally in a Russian company or company, he needs a patent. It provides an opportunity to find a job in the Russian Federation without a visa, but is valid only in the region where it was received.

Documents and deadlines

A patent for a Ukrainian can be obtained by writing an application to the FMS and passing fingerprints. A package of documents must be attached to the application:

• Ukrainian passport;
• medical insurance;
• migration card;
• document that confirms knowledge of the Russian language.

If the patent application is not completed within 1 month, the employee will have to pay a fine for violation. Then, even with late submission of documents, it is still necessary to provide a check on the payment of the fine.

After the experts verify the authenticity of all the documents submitted, a patent is issued and issued to the Ukrainian. For residents of Ukraine, the validity of such a document does not exceed 12 months.

Registration of an employment contract for migrants with a visa and with the status of temporarily staying on the territory of the Russian Federation

The process of applying for a migrant with a visa and with the status of temporary residence takes more time. This employer needs to collect a large package of documents.

In order to hire foreigners with a visa and temporary residence, the company must have permission to employ foreign employees. Such permission is issued for 12 months, and it can be issued at the Ministry of Internal Affairs. The term for issuing a permit is up to 30 days. Also, the employer will have to pay a state fee for each foreign employee in the amount of 10 thousand rubles.

After the company receives a work permit, invitations must be made. This document is required to obtain a visa and to apply for a work permit in another state. Clearance takes place in the migration service. Required documents:

• An application drawn up in Russian.
• Migrant's passport plus a copy of it.
• Letter of guarantee from the employer. In this letter, the company assumes all expenses for medicine and accommodation of a migrant in the territory of the Russian Federation.
• Work permit. At the time of applying for a permit, a tax of 3,500 rubles must be paid.

Within 20 days after the application is submitted, a notice of receipt of permission and an invitation to work or refusal will come. Usually a visa is issued for the period specified in the employment contract, but not more than 12 months.

Employment of refugees from Ukraine

Refugees are people who, because of fears for their lives, are forced to seek refuge and protection in another country. They are not citizens of the Russian Federation. To confirm their status in another country, they are issued a certificate.But even with him, Ukrainians are foreign nationals in the Russian Federation. According to Russian law, firms that want to employ a migrant must have a permit.

What are the features of hiring Ukrainian citizens with refugee status? This law does not apply to citizens who have been recognized as refugees. They receive temporary asylum in Russia and can be employed in any company or company without obtaining a permit. That is, such an employment of a citizen of Ukraine is possible until refugee status is lost.

Necessary documents for concluding an employment contract

Documents when hiring Ukrainian citizens with refugee status must comply with Art. 65 Labor Code of Russia. The list of them is as follows:

1. Identification. Since the refugee does not have such a document, he must present his ID, which will confirm his status and identity.
2. Employment history. At the time of the employment of the refugee, the employer is required to draw up a new work book.
3. Pension insurance certificate. It is drawn up by the employer if the refugee does not have one.
4. Document from the draft board. Hiring Ukrainian citizens in Russia does not require this document.
5. Documents confirming higher education and qualifications.
6. Certificate of good conduct. The procedure for hiring Ukrainian citizens requires the presentation of a certificate of the presence or absence of a criminal record, as well as the fact of criminal prosecution or its termination. Such a document can be obtained at the Main Information and Analytical Center of the Ministry of Internal Affairs.

Refugees and their involvement in production

In order to attract Ukrainian refugees to work, it is necessary to sign a contract with them. This may be a civil law or employment contract.

Each agreement has its positive and negative sides. According to the Labor Code of Russia, workers who are employed under an employment contract have the right to leave, monetary compensation for harmful work, etc. Also, if an employment contract is concluded for a specified period, the employer will need to explain to the state body the reason for such registration and the reason for urgency.

If a civil contract is signed, then in order to perform certain work, the employer is not required to comply with the ToR. The regulation of relations under such an agreement is based on civil law.
FMS notification of employment or dismissal of Ukrainian citizens is required.

Report to the FMS on migrant employment

It is mandatory to inform the FMS of the employment of a migrant. Employment of Ukrainian citizens requires the employer to act in accordance with Federal Law No. 115. It states that each of the parties (the employer and the foreigner) must submit a notice to the FMS. The employer must notify the FMS if:

• a civil law or employment contract has been entered into with a stranger;
• if the contract is terminated;

On termination of the contract with an employee of another state, a notification to the FMS can be sent if:

• the employee leaves on his own;
• if the employee has expired the contract and the period for permission to perform work;
• if the employee disappeared and does not go to work.

In this case, it is necessary to send a notice of early termination of the contract to the FMS.

Notification of the signing or termination of the contract must be submitted for each migrant employee separately. A citizen of another state is obliged to notify the FMS of a job placement within 60 days from the date of signing the agreement.

Citizens of Ukraine: hiring (2017)

In order for Ukrainians to be able to get jobs in Russian companies without problems, the migration service simplified the algorithm of actions.

Citizens of Ukraine (hiring 2017 in the Russian Federation) must perform the following actions:

1. Cross the border.
2. Migration card.When filling out the migration card, indicate your purpose of stay (employment).
3. Register with the FMS (within 3 months).
4. Get a medical policy.
5. Get a medical commission.
6. Submit a certificate of knowledge and knowledge of the Russian language.
7. Submit an application to the migration service to issue a patent for work.
8. Upon receipt of a patent, pay for it (unpaid patent is invalid).
9. Sign a contract with an employer.
10. Take a copy of the contract to the migration service.

Only by completing all the points, you can easily get a job in the company of the Russian Federation.