A highly qualified specialist is an individual who has specific skills or achievements in any of the areas of activity. The law establishes that a specialist who is attracted to carry out work must meet special requirements. Salary of the videoconferencing system, requirements for the preparation of working documentation and other features of the use of labor of foreigners are described in the regulatory documentation.
The Russian Federation accepts specialists from different countries. Most of them are invited from Tajikistan, Latvia, Ukraine, Armenia, Uzbekistan, Moldova, etc.
Legislation on the special status and privileges for highly qualified foreign specialists was adopted in 2010.
Hiring foreign citizens
Admission to the work of VKS is carried out only if the employer and employee have special permits to conduct labor activities. Specialists can be sent to several regions of the country to fulfill their duties. In this case, you must strictly adhere to the rules of the employment or civil law contract.
A highly qualified specialist foreigner, before arriving in the Russian Federation, must apply for a permit to conduct activities, a medical policy, and an agreement with the employer. This package of documents is issued for each family member who arrives with the employee.
Related documentation is issued by the Migration Service. The term of work permits may be extended. Keep in mind the possibility of canceling permission.
Important! The state does not have special requirements for the skills and professionalism of the videoconferencing system, the criteria and conditions are determined by the employer. Specialists cannot engage in commercial customer service and religious activities.
Who is considered a highly qualified specialist
Having a work experience in a certain field of activity and meeting some requirements, a foreign citizen is a highly qualified specialist. The salary for this category is:
- for teachers and researchers - at least 83.5 thousand rubles per month;
- medical, pedagogical and scientific workers - at least 1 million rubles per year;
- for workers of the Republic of Crimea and Sevastopol - 83,500 rubles. and more;
- 167 thousand rubles and more for other foreign employees.
Important! Wages are not taken into account for Skolkovo program participants.
Advantages in attracting foreign aerospace forces
Attracting highly qualified specialists to carry out activities in the territory of the Russian Federation is beneficial for the employer:
- firstly, the design is less time-consuming than the design of ordinary foreign workers;
- secondly, the list of posts does not apply to the HQS, which means that there is no need to re-register for another position.
If the invited specialist fulfills all the requirements established by law, he has the right to be in any region of the Russian Federation for an unlimited amount of time. There is also no need to register with the migration center.
Services accept and review VKS documents within 14 business days. Obtaining a standard permit takes up to 4 months.
Important! VKS with a fixed salary of 167 thousand rubles per month makes insurance contributions in the amount of 4000 per year. At the same time, an ordinary foreign worker is about 480 thousand rubles.
Differences between the standard procedure and the videoconferencing
A work permit for a highly qualified specialist is issued for a period of up to three years, while at the same time with the standard procedure only 12 months.
Registration for migration registration is made within 90 days from the moment of arrival on the territory of the Russian Federation and 30 days from the moment of changing the place of stay. The standard procedure involves carrying out such an action within 7 days of arrival in the country.
A foreign specialist is also not required to confirm knowledge of the Russian language and the absence of infectious diseases.
An ordinary employee has the right to travel on another subject for no more than 10 days a year (in some cases up to 40 days). For VKS this time is not limited.
Work permit for specialists
The permit is issued for the duration of the concluded contract for the performance of work. The indicated period may be changed several times. For work in two or more territories, a highly qualified foreign specialist is issued several permits at once.
The documentation is developed and issued by the executive authority in the field of migration or a representative office of the federal authority.
Family members of the employee have the right to study or work in Russia throughout the entire period of the contract.
For initial registration:
- employer's application with a color photo of a foreign employee;
- letter of guarantee;
- employment contract (copy possible);
- power of attorney for a representative;
- the original of the payment order for the payment of a work permit;
- a copy of the VKS passport and a notarized translation.
Both the employer and his representative can handle the submission of documents by special power of attorney.
Important! The specialist receives permission to conduct activities upon presentation of the original passport.
To extend the period of stay, the following documents should be submitted to the executive body:
- Statement of the employer.
- An employment or civil contract.
- Copy of medical policy or insurance.
- Statement of salary.
- A document confirming the registration of a foreigner.
Important! Refusal to accept an application for extension of activity is allowed only if the employer has not provided a package of necessary documents.
Each specialist has the right to obtain a residence permit for himself and his family. Such a document is valid throughout the Federation. The deadline for its execution does not exceed three months from the date of application. Obtaining a residence permit does not give the right to obtain Russian citizenship.
Employee taxation and insurance premiums
Regardless of status, the employee is nevertheless obliged to deduct some of his income (to make contributions). A highly qualified specialist pays for:
- Contribution to injuries (from 0.2 to 8.5% of wages depending on the type of activity).
- Insurance contributions, among which: to the pension fund - 22%, social - 2.9% (if there is a temporary residence permit). In the absence of such a permit or residence permit, the videoconferencing does not deduct the contributions.
- The personal income tax rate for a specialist is 13%.
From this we can conclude that the involvement of HKS has pluses in taxation, because for ordinary workers the personal income tax rate and insurance premiums are 30% each.
Insurance of highly qualified specialists is mandatory only for persons who are in the territory of the Russian Federation on an ongoing basis or have the status of permanent residents.
VKS who have the status of temporary residents are not subject to such insurance, payments to them by the FSS bodies are not taxed.
Requirements for the employer and his duties
Each employer who has hired the videoconferencing system must:
- inform the authorities about the change of the specialist’s name (last name, patronymic);
- submit reports to the Ministry of Internal Affairs every quarter (on the payment of wages);
- inform the FMS about the provision of unpaid leave lasting more than 1 calendar month;
- inform the responsible authorities about the violation of the terms of the contract by the employee;
- inform the FMS and the FSB about cases of unauthorized employee leaving the place of stay or activity.
Exclusion from activities for VKS
A highly qualified specialist cannot provide the following services:
- religious, preaching, etc.
- customer service in retail chains;
- customer service in pharmaceutical activities.
The exceptions are situations in which the videoconferencing is the leader or coordinator of networks.
Important! If the company was administratively liable for 2 years before the day of filing the application for a specialist, such an application will not be approved.
Reasons for revoking a work permit
The main reasons for terminating an employment contract and canceling a permit to conduct activities of a highly qualified specialist are:
- assistance, as well as planning and financing of terrorist acts in the country;
- creating a threat to the security of the Russian Federation and its citizens;
- the provision of fake documents or false information during the course of employment;
- a person’s sentence of imprisonment;
- confirmation of administrative expulsion from the Federation, deportation;
- outstanding or unexpunged conviction for crimes committed on the territory of the Russian Federation;
- bringing to administrative responsibility for violation of the rules of stay of foreign citizens in Russia;
- departure to a permanent place of residence in another country;
- staying a highly qualified specialist outside the borders of the Russian Federation for more than 6 months;
- a serious illness in the employee (HIV infection, drug addiction and other diseases that are dangerous to others);
- refusal of permission to conduct activities or stay from the Migration Service;
- submission of false documentation by the employer.
Assessment of employee competence. Search for a new employer
Foreigners are entitled to independently obtain the status of highly qualified specialists in the territory of the Russian Federation. To do this, you should contact the representative office of the federal executive body with a petition and supporting documents. Further, the employee’s information is posted on the official website of the migration agency of the Russian Federation. To conduct an interview with a potential employer, the VKS can apply for a business visa and enter the state for a certain period. An invitation for a visa is not required.
The customer independently evaluates the level of competence and qualifications of a foreign specialist.
When assessing, the level of training of a highly qualified specialist is taken into account, which is confirmed by documents and information on the results of a citizen's activities (for example, diplomas, reviews of previous employers, assessment of recruitment organizations, etc.).
The specialist has the right to search for a new employer in case of early termination of the contract. All documents and permissions for the videoconferencing and his family are considered valid for 30 days from the date of termination of the contract.
Employer Responsibility
For late submission of reports, the employer is liable in the form of an administrative fine. For officials, it ranges from 35 to 70 thousand rubles, for legal entities from 400 thousand to 1 million rubles.
If a citizen does not have a work permit, officials will pay a fine in the amount of 25 to 50 thousand rubles, and legal from 250 to 800 thousand. It is also possible administrative suspension of activities for a period of 14 to 90 days.