It is often required to employ a company owner to work as a foreign citizen. In this case, it is important to understand when it is possible to conclude an agreement with a foreign citizen, which document is used for this, and also what difficulties and nuances you may encounter. If the employer makes significant mistakes, this will serve as the basis for holding him accountable. The procedure is slightly different from the employment of Russian specialists, so you need to understand it well.
Legislative regulation
Citizens of other states can carry out legal activities in the territory of the Russian Federation on the basis of Federal Law No. 13. But the conclusion of an agreement with a foreign citizen is allowed only if the conditions are met:
- coming of age by a future employee;
- the presence of a patent or work permit.
The exception is the situation when a foreigner permanently lives in the country. Diplomats, students of Russian educational institutions, invited specialists or journalists can also work without a patent. People who formalized refugee status and received asylum in Russia can also legally and without permission carry out labor activities.
A migrant can obtain permission or a patent at the department of the Ministry of Internal Affairs or the FMS. For this, he must have all the necessary documents.
Additionally, employers should study the provisions of Art. 327.2 of the Labor Code of the Russian Federation. This article contains information indicating the rules for the formation of an employment contract with foreigners. It is necessary to register in the document the citizen's permission, patent or residence permit. It is also required to issue a migrant insurance policy.
The process of employing a foreigner
The procedure for applying for a foreigner depends on what status he has. The conclusion of an agreement with a foreign citizen is distinguished by such features:
- if a person with a residence permit wants to get a job, then no patents or permits are required from him, but within three days after the contract is executed, it is necessary to notify the FMS employees about this;
- if a person with the citizenship of the country with which the visa regime is applied applies for a job, then a work permit is required from him, and often a referral and other documents;
- if a person has the citizenship of the country with which a visa-free regime is established, then it is enough to conclude a contract on the basis of a patent.
Every employer should be well versed in these features. In any case, it is required to notify the FMS employees that an employment contract has been concluded with a foreign citizen. Otherwise, he may be held administratively liable, so significant fines will have to be paid.
Rules for concluding an agreement
The basis for employment of a foreigner under the Federal Law “On the Legal Status of Foreigners in the Russian Federation” is a correctly drawn up contract. An employment contract with a foreign citizen should be drawn up when taking into account information from art. 57 and Art. 372.2 TC.Additionally, it must be registered correctly.
Before drafting a document, it is important to make sure that a citizen does not have a ban on leaving his country, and also has all the necessary documents for employment.
Document Content
There are no special differences from the standard contract drawn up with Russian citizens. The contract form is standard, but some provisions need to be amended. Necessarily contains the agreement clauses:
- information about the employee and the employer, and this includes data from the passport and TIN;
- selected position;
- job duties and functions that the employee will be endowed with in the process of carrying out activities;
- the date on which a citizen will officially work in the company;
- the size and procedure for issuing salaries;
- assignment of various compensations or guarantees;
- working conditions;
- information about the documents of the alien that were transferred to the employer, and this may include a work permit, patent or residence permit;
- the conditions under which the employee will receive medical care if necessary;
- other important conditions.
A sample contract with a foreign citizen can be found below.
Design Nuances
Before direct formation of an employment contract, the employer should make sure that the applicant meets all the requirements. He must not only possess permits for labor activity, but also must have the necessary qualifications and skills to cope with his duties.
The applicant must be an adult and educated. Only after that is it allowed to conclude an agreement with a foreign citizen.
What documents are needed from the applicant?
A foreigner who wants to find a job in a Russian company must transfer certain documentation to the potential employer. What does a foreigner need to work in Russia? These documents include:
- identity card submitted by a foreign passport;
- permits for official employment in Russia, and this may include different documentation: residence permit, work permit or patent;
- evidence of temporary residence in the Russian Federation;
- VHI represented by the insurance policy;
- when employing for certain types of work, a citizen must have a medical book confirming that he meets the requirements of a particular position;
- employment history;
- documents confirming the applicant’s education, and they can be represented by different diplomas, certificates, certificates or other papers;
- SNILS, if it is available, and if for the first time a foreigner takes a job in a Russian company, he does not have this document, so the employer himself must take care of its formation and issue to the employee.
Employers usually conclude an additional contract with medical institutions in order to provide medical assistance to foreign employees if necessary. Only if the above documents are available for the applicant is it possible to hire a foreigner.
What language is the contract drawn up in?
This moment is given special attention. In the TC there is no exact information about which language should be used when drawing up a contract with a foreigner. The Constitution states that it is the Russian language that is recognized as the state language, but the provisions of international documents must be taken into account.
There is ILO Recommendation No. 86, which states that any agreements with migrants should be formed in a language that they understand. Therefore, if the applicant does not speak and understand the Russian language, then it is necessary to draw up an agreement in his language.
FMS Notification
If a labor agreement is concluded with a migrant, the employer must inform the FMS employees about this.For this, a special notice of the conclusion of an agreement with a foreign citizen is used. This document must be transferred to the FMS employees within three days after signing the contract.
For this, special form No. 640 is used.
In addition, the foreigner himself must transfer to the FMS office a copy of the employment contract. For this, he is given two months from the moment when he receives permits for work. If this requirement is not met, then a fine of 5 to 7 thousand rubles will be imposed.
The notice should be transmitted not only when drawing up the labor contract, but also when it is renewed or terminated.
How to make changes?
You can make adjustments to the contract on the basis of the provisions of Art. 72 shopping mall.
The process can only be carried out with the consent of the employee. To do this, a written agreement is drawn up, attached to the contract.
What is the term?
In Art. 58 TC contains information on for what period of time it is advisable to conclude a contract with foreigners. It is allowed to conclude both urgent and indefinite agreements.
If the document does not contain information about the terms, then it is considered unlimited. The specifics of concluding an employment contract with an employee who is a foreign citizen or a stateless person are that when drawing up a fixed-term contract, it takes into account how much time a work permit or patent is valid. Based on this information, the contract is necessarily terminated as soon as the foreigner loses the right to work in Russia.
How is it extended?
If a fixed-term contract is drawn up, it can be extended, for which, just three days before the end of the work period, the employee is not notified of the termination of employment. Under such conditions, on the basis of Art. 58 TC agreement becomes perpetual.
The employer must issue a special order indicating the preparation of the contract for an indefinite period with the migrant.
How is terminated?
There are no special conditions in the Labor Code for terminating a contract with a migrant, therefore, this process is carried out in the same way as when terminating an agreement drawn up with a Russian citizen.
The contract may be terminated on different conditions:
- agreement expires;
- the migrant independently wishes to leave work on the basis of the provisions of Art. 80 TC;
- the employer decides to dismiss the foreigner, for which he must have good reasons listed in Art. 81 shopping malls;
- the employee refuses to continue working, as the owner of the company or working conditions have changed;
- there were various circumstances listed in Art. 83 TC, which workers and employers cannot influence.
The owner of the business must notify the FMS within three days of termination of the contract.
The nuances of compiling a GPC
It is often required to hire a foreigner to perform a specific one-time service or work. Under such conditions, it is advisable to draw up a civil contract with a foreign citizen. The features of this contract include:
- the design and structure of the document does not differ from the contract that is drawn up with Russian citizens;
- the compilation of such a contract must also be notified to the FMS;
- since the contract ceases to be valid after a certain amount of time, as soon as the work is completed, it is important to make sure that the foreigner's permit or residence permit does not cease to be valid during this period.
There is no strictly unified form of the GPC agreement. Therefore, we must focus on the provisions of the Federal Law No. 14. In this case, the contract form is often used.
Be sure to include information in such an agreement:
- the name of both participants represented by the customer and the contractor;
- Particular attention is paid to the subject matter of the contract represented by certain works or services;
- indicates the period during which the assigned work should be performed;
- the size of the board is given;
- lists all the rights and obligations that are vested in the parties to the agreement;
- the responsibility of the parties is prescribed;
- reference is made to the rules on the basis of which disputes arising will be resolved;
- creates a list of grounds that can be used for early termination of the agreement;
- other provisions may be added if necessary.
The employer must make sure that the applicant is fluent enough in Russian to read all the information presented without any problems. Otherwise, you will have to use the help of translators.
Measures of liability for violations by a migrant
If the foreigner does not notify the FMS within two months that he has officially got a job, then he will have to pay a fine in the amount of 5 to 7 thousand rubles.
If during work a migrant violates the terms of the employment contract, leaves the workplace without good reason, or changes his place of residence without notifying the employer and the FMS employees, the previously granted work permit may be canceled ahead of schedule.
Thus, Russian employers have the opportunity to draw up an employment contract with foreigners. For this, various provisions of the law are taken into account. The form of the contract with a foreign citizen is standard, but at the same time, information on the permits available to the applicant for carrying out work activities is necessarily included in the document. The employer should be well versed in when he needs to notify the FMS on the employment of a foreigner, how to sign an agreement with a migrant, what documents to require from the applicant, and how to change or terminate the contract. In this case, you can avoid the unpleasant negative consequences of breaking the law.