V modern world global economy, many companies are hiring foreign citizens.

When hiring a foreign citizen, companies face various problems: issuing permits to attract foreign workers, notifying regulatory authorities. In this article, we have tried to show all the "pitfalls" that an organization may encounter if it decides to hire a foreign citizen.

I. Legal status of foreign citizens located on the territory of the Russian Federation.

Let us recall the legal statuses of foreigners established in the Federal Law “On legal status foreign citizens in the Russian Federation” No. 115-FZ dated July 25, 2002 (hereinafter referred to as Law No. 115-FZ). Foreign citizens are divided into three categories:
1. Temporarily staying in the Russian Federation;
2. Temporarily residing in the Russian Federation;
3. Permanently residing in the Russian Federation.

1.1. Temporarily staying foreign citizens.

Foreign citizen temporarily staying in the Russian Federation- this is a person who arrived in the Russian Federation on the basis of a visa or in a manner that does not require a visa, and received migration card but does not have a residence permit or a temporary residence permit.
The period of temporary stay of a foreign citizen in the Russian Federation is determined by the validity period of the visa issued to him. If a foreigner arrived in Russia in a manner that does not require a visa, the period of temporary stay cannot exceed 90 days.

The period of temporary stay in the Russian Federation of a foreign citizen who arrived in the Russian Federation in a manner that does not require a visa, who has entered into an employment contract or a civil law contract and received work permit , is extended for the duration of the concluded agreement, but not more than for one year, calculated from the date of entry of a foreign citizen into the Russian Federation. Such restriction of the period of temporary stay does not apply to foreign citizens involved in labor activities as highly qualified specialists , as well as on foreign citizens carrying out employment for individuals .

Visa-free entry to the Russian Federation is valid for citizens of Azerbaijan, Armenia, Belarus, Kazakhstan, Kyrgyzstan, Moldova, Tajikistan, Uzbekistan, Ukraine, Argentina, Venezuela, Israel, Thailand and some other countries ( full list countries with a description of the entry regime can be found on the website of the Russian Foreign Ministry - www.mid.ru).

1.2. Temporarily resident foreign citizens.

Temporarily residing in the Russian Federation a foreign citizen who has received a temporary residence permit is considered.

The permit is issued for a period of three years and is issued as a mark in the document , proving the identity of a foreign citizen or stateless person, or in the form of a document of the established form issued in the Russian Federation to a stateless person who does not have a document proving his identity.
A foreign citizen temporarily residing in the Russian Federation is not entitled to own will change the place of his residence within the territory of the subject of the Russian Federation, on the territory of which he is allowed temporary residence, or choose the place of his residence outside the boundaries of the specified subject of the Russian Federation.

1.3. Permanently resident foreign citizens
A foreign citizen who has received resident card, which is issued for a period of five years.
A foreigner permanently residing in the Russian Federation does not need a visa to enter the Russian Federation, the presence of a migration card is not mandatory.

II Attraction of foreign citizens to labor activity.

2.1. Documents required to hire a foreigner.
The main documents that distinguish the employment of foreign citizens are the permission to attract foreign labor and the work permit of a foreigner.
The table shows the cases in which these documents should be drawn up:

Status of a foreign employee		Permission to attract foreign labor	Work permit for a foreigner
Temporarily staying	Based on a visa	necessary
	In a visa-free manner		necessary
Temporarily resident	Based on a visa		necessary
	In a visa-free manner		necessary
permanent resident
Highly qualified specialist			necessary

2.2. Notice of employment relationship with a foreign citizen.

Engagement to work permanent residents in the Russian Federation, foreign citizens are made on an equal footing with citizens of the Russian Federation. It is not required to notify the regulatory authorities of the employment of such an employee, of his dismissal.

The employer is obliged to send notices to the regulatory authorities about labor relations with foreign citizens from among temporarily staying and temporary residents in RF.
The main documents establishing the procedure for notifying regulatory authorities about labor relations with a foreigner are:
- Federal Law "On Migration Registration of Foreign Citizens and Stateless Persons in the Russian Federation" dated July 18, 2006 No. 109-FZ (hereinafter - Law No. 109-FZ);
- Decree of the Government of the Russian Federation "On the procedure for the implementation of migration registration of foreign citizens and stateless persons in the Russian Federation" dated January 15, 2007 No. 9 (hereinafter - Decree No. 9);
- Decree of the Government of the Russian Federation "On the procedure for issuing permits for foreign citizens to carry out temporary labor activities in the Russian Federation" dated November 15, 2006 No. 681 (hereinafter - Decree No. 681);
- Federal Law No. 115-FZ dated July 25, 2002 "On the Legal Status of Foreign Citizens in the Russian Federation" (hereinafter - Law No. 115-FZ).

The following are the cases when it is necessary to notify controllers:

Grounds for notification	Alien status		Employment Authority		IFTS	Labour Inspectorate
On the conclusion of employment contracts or civil law contracts with foreign workers	based on a visa	-	According to the form approved by the Order of the Ministry of Health and Social Development of Russia dated October 26, 2007 No. 670/421 within months		10 business days	According to the form approved by the Order of the Ministry of Health and Social Development of Russia dated October 30, 2008 No. 610n within months
	in a visa-free manner	According to the form approved by Decree of the Government of the Russian Federation of March 18, 2008 No. 183 within 3 working days from the date of conclusion of the contract				-
On termination of employment contracts or civil law contracts	based on a visa	-			-	-
	in a visa-free manner	3 working days			-	-
On granting leave without pay for more than 1 calendar month during the year	based on a visa	-			-	-
	in a visa-free manner	In any form (mandatory form has not yet been established) within 3 working days			-	-
Submission of an application for issuance of an invitation to entry to a foreigner	based on a visa	-		-	According to the form approved by the Letter of the Federal Tax Service of Russia dated August 24, 2007 No. GI-6-04 / [email protected] during 10 business days	-
	in a visa-free manner	-		-		-
Arrival of a foreign citizen to the place of work or place of residence	based on a visa	-		-		-
	in a visa-free manner	-		-		-
Obtaining a work permit by a foreign citizen	based on a visa	-		-		-
	in a visa-free manner	-		-		-
On departure from the place of temporary residence (in case the employer was the host)	based on a visa	Sending the tear-off part of the arrival notification form indicating the date of departure within 2 days		-	-	-
	in a visa-free manner			-	-	-
About the place of temporary stay of a foreign worker (in case the employer is the host)	based on a visa	According to the form approved by Decree of the Government of the Russian Federation dated January 15, 2007 No. 9 within 3 working days		-	-	-
	in a visa-free manner			-	-	-
On violation by a foreign worker of the terms of an employment contract	based on a visa	3 working days		-	-	-
	in a visa-free manner			-	-	-
About early termination of the contract	based on a visa	Free form during 3 working days		-	-	-
	in a visa-free manner			-	-	-
On unauthorized leaving of the place of work or place of residence	based on a visa	Free form during 3 working days		-	-	-
	in a visa-free manner			-	-	-
Suspension or cancellation of a permit to attract and use foreign workers	based on a visa	-		-	According to the form approved by the Letter of the Federal Tax Service of Russia dated August 24, 2007 No. GI-6-04 / [email protected] during 10 business days	-
	in a visa-free manner	-		-		-
Cancellation of a work permit for a foreign worker	based on a visa	-		-	According to the form approved by the Letter of the Federal Tax Service of Russia dated August 24, 2007 No. GI-6-04 / [email protected] during 10 business days	-
	in a visa-free manner	-		-		-

In addition, it is necessary to notify the authorities of the Federal Security Service of Russia in an arbitrary within 3 working days about the unauthorized leaving by a foreign worker of a place of work or place of residence (clause 8, article 18 of Law No. 115-FZ, clause 17 of Decree of the Government of the Russian Federation of November 15, 2006 No. 681 ).

2.3. Pension provision and medical insurance for foreign citizens.
By virtue of Art. 7 of the Federal Law "On Compulsory Pension Insurance in the Russian Federation" dated December 15, 2001 No. 167-FZ if the employer hires temporarily or resident in the Russian Federation of a foreign citizen, and such a foreign citizen does not have a certificate of state pension insurance, then the employer needs to issue such a certificate for him.

Taking into account the fact that contributions to the FSS of the Russian Federation for compulsory insurance in case of temporary disability and in connection with motherhood for foreign citizens, temporarily staying in the Russian Federation , are not paid, the employer is not entitled to pay them benefits at the expense of the FSS of the Russian Federation, even if such an employee brings sick leave. Thus, on temporarily staying in the Russian Federation foreign citizens do not need to take out compulsory health insurance policies, since the employer is not an insurer in relation to them. Compulsory health insurance policies must be issued only for temporarily residing in the Russian Federation foreigners.
Foreign citizens, permanently residing in the Russian Federation receive a compulsory medical insurance policy at the place of residence.

2.4. Implementation of labor activity by temporarily staying and temporarily residing foreigners

It would be necessary to pay attention to the fact that temporarily staying and temporarily residing foreigners have the right to carry out labor activities only within the territory of the subject of the Russian Federation, on the territory of which temporary residence is allowed.
There are exceptions when foreign citizens have the right to carry out labor activities outside the territory of the subject of the Russian Federation, on the territory of which they were issued a work permit. These exceptions are established by the Decree of the Government of the Russian Federation "On the establishment of cases of employment by a foreign citizen or stateless person temporarily staying (living) in the Russian Federation, outside the territory of the subject of the Russian Federation, on the territory of which they were issued a work permit (permitted temporary residence)" dated 17.02. 2007 No. 97 (hereinafter - Decree No. 97).

There are two exceptions:

Direction on a business trip;
- if the permanent work of the employee is carried out on the road or is traveling in nature. The lists of professions and work performed on the road or is traveling in nature in relation to Decree of the Government of the Russian Federation No. 97 are approved by Order of the Ministry of Health and Social Development of Russia dated September 17, 2007 No. 607.

At the same time, restrictions are established on the length of stay of a foreigner outside the constituent entity of the Russian Federation, on the territory of which they were issued a work permit:

* during the period of validity of a work permit issued to a foreign citizen.

2.5. Implementation of labor activityforeign citizens - highly qualified specialists.

On July 1, 2010, Federal Law No. 86-FZ of May 19, 2010, amending Law No. 115-FZ, comes into force.
At the same time, a new category of foreign citizens has been added - vhighly qualified specialist.
A highly qualified specialist is a foreign citizen who has work experience, skills or achievements in a specific field of activity, if the conditions for attracting him to work in the Russian Federation require him to receive a salary (remuneration) in the amount of two or more million rubles for the period not exceeding one year. The employer independently assesses the competence and skill level of foreign citizens whom they wish to attract as highly qualified specialists.

The employer independently submits to the federal executive body in the field of migration the documents necessary for issuing a work permit to a highly qualified specialist, as well as for issuing an invitation to enter the Russian Federation.
The quota for issuing invitations to foreign citizens to enter the Russian Federation for the purpose of carrying out labor activities and the quota for issuing work permits to foreign citizens do not apply to highly qualified specialists.

A work permit for a highly qualified specialist is issued for the duration of the employment contract concluded by him or the civil law contract for the performance of work (rendering of services), but not more than for three years. The specified period of validity of the work permit can be repeatedly extended for the duration of the employment contract or civil law contract, but not more than three years for each such extension. If, in accordance with an employment contract or a civil law contract, a highly qualified specialist is supposed to carry out labor activities in the territories of two or more constituent entities of the Russian Federation, this highly qualified specialist is issued a work permit valid in the territories of these constituent entities of the Russian Federation.
Taxation of personal income tax on the income of a highly qualified specialist is carried out at a rate of 13% from the start of employment.

Employers and customers of works (services) under civil law contracts are obliged quarterly notify the Federal Migration Service of the fulfillment of obligations to pay wages to highly qualified specialists, as well as cases of termination of employment contracts or civil law contracts by highly qualified specialists and cases of granting them unpaid leave for more than one calendar month during the year.
Within 30 days from the date of receipt by a highly qualified specialist of a work permit, his employer is obliged to submit to the Federal Migration Service information on the registration of this highly qualified specialist with the tax authorities of the Russian Federation.

A foreign citizen, information about which as a highly qualified specialist is posted on the official website of the Federal Migration Service, can be issued an ordinary business visa to enter the Russian Federation valid for up to 30 days. An ordinary business visa is issued to a foreign citizen if he has a written proposal to enter the Russian Federation for appropriate negotiations, sent to such a foreign citizen by the employer.

2.5. Responsibility of the organization for violations of the law,regulating the procedure for attracting foreign citizens to work.

If violations of federal legislation regulating the procedure for attracting foreign citizens to work are revealed, the organization may be held administratively liable under the Code of Administrative Offenses of the Russian Federation:

Type of violation	The amount of the administrative fine		Article Code of Administrative Offenses of the Russian Federation
	for officials	for legal entities
Violation by the inviting party of the conditions of stay of a foreigner or execution of documents for the right of his stay	from 40,000 to 50,000 rubles.	from 400 000 rub. up to 500,000 rubles	Part 1 Art. 18.9 Administrative Code of the Russian Federation
Failure by the host party to fulfill obligations in connection with the implementation of migration registration			Part 4 Art. 18.9 Administrative Code of the Russian Federation
Failure to submit or untimely submission, at the request of the FMS of Russia, documents or information established by law on foreign citizens or stateless persons			Part 2 Art. 18.11 Administrative Code of the Russian Federation
Engaging a foreign citizen or a stateless person to work in the Russian Federation without a work permit	from 25,000 to 50,000 rubles.	from 250 000 rub. up to 800,000 rubles, or administrative suspension of activities for up to 90 days	Part 1 Art. 18.15 Code of Administrative Offenses of the Russian Federation
Employment in the Russian Federation of a foreign citizen or a stateless person without permission to attract and use foreign workers			Part 2 Art. 18.15 Code of Administrative Offenses of the Russian Federation
Failure to notify the Federal Migration Service, the tax authority or employment authorities of the employment in the Russian Federation of a foreign citizen or stateless person			Part 3 Art. 18.15 Code of Administrative Offenses of the Russian Federation

In the event of illegal employment in the Russian Federation of two or more foreign citizens and (or) stateless persons, administrative liability established by Art. 18.15 of the Code of Administrative Offenses, comes for violation of the rules for attracting foreign citizens and stateless persons (including foreign workers) to work in the Russian Federation in relation to everyone foreign citizen or stateless person separately. In this case, the organization may be held liable within one year from the date of the violation (Article 4.5 of the Code of Administrative Offenses).

Conclusion.

As we can see, there are quite a few restrictions when hiring a foreign employee.
A company that nevertheless decides to become an employer for a foreigner should remember that foreign citizens, in order to obtain a work permit and other documents they need to work in the territory of the Russian Federation, usually turn to specialized firms involved in the preparation of such documents for a fee. Often, such companies neglect legal ways to obtain documents necessary for foreigners to work in the Russian Federation. As a result, a foreign worker may end up with a false or invalid work permit. In order to protect the company from possible claims from regulatory authorities, employers can independently verify the authenticity of a work permit issued to a foreign citizen using the website of the FMS of Russia - www.fms.gov.ru. On the site, you need to enter the details of the document and indicate the email address to which the response to the request will be sent.

Alinga Consulting Group provides the following services in the field of attracting foreigners to work:

• Registration of permits to attract and use foreign labor and work permits.
• Notification government agencies on the conclusion of an employment contract with a foreign citizen.
• Personal accreditation of foreign employees of branches and representative offices of foreign companies.
• Visa support for foreign citizens who have received a work permit.
• Statement and removal from the migration register.

When hiring foreign citizens, the firm and the individual entrepreneur are required to comply with a number of formalities that will avoid violations of immigration laws. Otherwise, the organization may face a hefty fine. In the article - the procedure for admission and its documentation.

It is not prohibited to accept foreign citizens to work under labor contracts. Moreover, depending on the citizenship of a foreigner, he may be in demand in the same way as a Russian. For example, citizens of the member countries of the Eurasian Economic Union need almost the same documents as Russians to get a job.

Attention! These documents and guides will help you to register a foreign citizen in the state in accordance with all legal requirements. They will save you from offensive fines and protect you from mistakes. The relevance is confirmed by the experts of the BukhSoft program. Download for free:

The procedure for hiring foreign citizens

The rules for hiring foreign citizens vary depending on the legal status of the visitor. In accordance with Art. 2 of the Federal Law of July 25, 2002 No. 115-FZ, the following categories of citizens of other states can be in Russia:

• temporarily staying;
• temporary residents;
• permanent residents.

The first category stays in Russia on the basis of a visa, if they are citizens of a country with which the visa regime is in force, or in a visa-free manner. At the same time, the migrant must have a migration card, without which residence in Russia will be considered illegal.

A temporarily residing citizen has an appropriate permit, which is issued for 3 years.

If a person lives in the country for more than a year, he can obtain a residence permit for a period of 5 years and permanent resident status.

• citizens of the member countries of the Eurasian Economic Union. For them in Russia there is a special procedure for employment. Citizenship they can confirm later.
• Highly qualified specialists. They come to Russia at the invitation of the employer and, as a rule, have a high level of wages.

Table 1. Permits for foreign workers

Hiring a foreign citizen: step by step instructions

After the status and citizenship are determined, the hiring of foreign citizens under the Labor Code of the Russian Federation is accompanied by the following actions:

Step 1. Register with the Main Department of Internal Affairs of the Ministry of Internal Affairs as an employer attracting foreign employees

To do this, it is necessary to provide a full package of documents for registration to the territorial office of the department.

Step 2. Make sure that the foreigner has all the documents necessary for staying in the Russian Federation

Temporarily staying persons from countries with a visa regime must have the following documents:

• international passport;
• migration card;
• work permit;
• registration;

Migrants from visa-free countries for registration require:

• international passport;
• registration;
• a patent for work and a check indicating its payment;
• migration card;
• voluntary medical insurance policy;
• SNILS (issued by the employer).

Foreign citizens who are citizens of the EAEU countries (Belarus, Kyrgyzstan, Armenia, Kazakhstan) for employment in Russia must have:

• international passport;
• migration card;
• registration;
• OMS/VHI policy;
• SNILS (issued by the employer).

The period of validity of documents when hiring a foreign citizen must cover the entire period of employment of a migrant in the territory of the Russian Federation.

To attract a highly qualified employee, you must collect the following package of documents:

• application for attraction;
• a written obligation to pay the costs associated with a possible expulsion;
• color photograph;
• a receipt for payment of the state duty in the amount of 3,500 rubles (paid upon receipt of a work permit);
• VHI policy or medical insurance contract.

A temporarily resident citizen must have a temporary residence permit. It is a stamp in the passport and is valid for 3 years.

Permanently residing foreigners are issued according to the same rules as Russian citizens.

Step 3. Register an employee

This requires:

• obtain the consent of the migrant to the processing of personal data in writing;
• conclude an employment contract;
• familiarize the foreigner against signature with local regulations;
• issue an order for admission to the state (the employee is introduced to the order against signature);
• conduct training on labor protection;
• make a record of employment in the work book,
• issue a personal card of an employee in the T-2 form.

This must be done no later than 3 days from the date of signing the employment contract.

Fill out and download notification ⟶

Step 5. Calculate and pay taxes to the budget and insurance premiums from the salary of a migrant.

The procedure for dismissal of a foreigner

To terminate an employment relationship, follow these steps:

1. Formulate the grounds for termination of the employment contract.
2. Issue a dismissal order.
3. Get the employee's signature on the T-2 card in section XI.
4. Put a mark on the dismissal in the work book.
5. Issue a work book against signature in the journal.
6. Pay the amounts owed to the employee.
7. Send a notice of dismissal of a foreigner to the Main Department of Internal Affairs of the Ministry of Internal Affairs no later than 3 days from the date of termination of the contract for hiring a foreign citizen.

Attracting highly qualified foreign specialists

A special category of foreign workers are highly qualified specialists. This concept is enshrined in Art. 13.2 of Law No. 115-FZ. It states that highly qualified specialists are migrants with extensive experience and relevant knowledge for work in certain industries.

What matters most is not the profession or education, but the salary that the inviting company will assign to the migrant. For a large number highly qualified specialists, the minimum wage is 167 thousand rubles per month. But this criterion is different for different professions and activities.

Employer assesses qualifications independently. A migrant may not have, for example, higher education, and at the same time be recognized as a highly qualified specialist. At the same time, when applying for a job that requires special knowledge, a foreigner must document his qualifications.

When applying for a HQS staff, there are a number of advantages for the employer:

• no need to take into account quotas when obtaining a work permit;
• permission is not required to attract and use foreign workers;
• you can not send information about the vacancy to the employment center;
• a work permit can be issued immediately for 3 years;
• A HQS is not required to undergo a medical examination and take an exam for knowledge of the Russian language;
• you can get a work permit in several regions.

For registration of HQS in the state:

• an employment contract must be drawn up and signed;
• get a work permit.

The following categories of employers have the right to hire a foreign HQS:

• commercial companies;
• accredited scientific and educational organizations;
• accredited branches and representative offices of foreign companies.

But there are also a number of limitations. Thus, legal entities that have unfulfilled decisions on the imposition of an administrative penalty for violating the regime of stay of foreign citizens in the Russian Federation or for violating the procedure for their labor activity cannot hire a HQS. In addition, in order to hire a HQS, an employer must not have a ban on attracting foreign citizens to work in Russia.

Attraction of foreign labor force without registration in the state

For organizations that want to hire foreigners, but want to avoid the difficulties with their registration and the risks associated with violation of migration laws, the ideal option would be to register such workers for the staff (outstaffing). The conditions for hiring foreign citizens in this case are not important for the company, since all issues related to paperwork, compliance with formalities, payment of taxes are the responsibility of the recruitment agency. It is it that registers the migrant in the state and is officially his employer. At the same time, the customer concludes only a contract for the provision of personnel and, on its basis, uses the labor of freelancers.

Benefits of using outstaffing agency services:

• attracting a foreign worker is carried out as quickly as possible;
• there is no need to register as an employer using the labor of foreign citizens;
• no need to collect a package of documents;
• no risks associated with fines;
• you do not have to be responsible for compliance with immigration laws.

Risks of hiring a foreign citizen

Organizations that use the labor of foreigners often attract migrants in order to save money. But it is worth assessing the existing risks. The level of fines associated with improper registration of foreigners and violation of migration laws is such that the expected financial benefit can turn into a loss.

Control in the field of labor relations with visitors from other countries is quite strict. The Migration Service often conducts inspections, which can result in administrative liability and impressive penalties. So, for engaging in work without a patent or permission, the fine can be (Article 18.15 of the Code of Administrative Offenses):

• for an organization - 250 - 800 thousand rubles;
• for officials - 25-50 thousand rubles;
• for citizens - 2-5 thousand rubles.

For violations of immigration laws, the activities of the company may be suspended for a period of 14 to 90 days.

What are the risks when using the labor of foreign citizens?

1. Risks when applying for a state job. Employment of foreigners in comparison with citizens of the Russian Federation is a more laborious and lengthy process. At the same time, employees of the personnel department must have special knowledge in the field of migration legislation.
2. Mistakes in checking documents of migrants. Migration audit should be carried out as carefully as possible. Otherwise, the lack of just one binding document may become the basis for holding the employer liable for hiring illegal labor.
3. Violation of the terms of registration and submission of documents to state bodies.
4. Risks associated with maintaining personnel records of foreigners. Mistakes in migration and tax accounting are possible, which can result in impressive fines.
5. Failure to comply with patent payment requirements. A foreign employee must independently renew the patent every month. If he fails to pay, his patent is cancelled. The legal grounds for continuing to work on the territory of the Russian Federation disappear. Therefore, the employer must check receipts for patent payments.
6. Violation of the terms of renewal of registration. After the renewal of the patent, the employer must, within three days, renew the registration at the regional offices of the Main Department of Internal Affairs of the Ministry of Internal Affairs.

What kind of work can not hire foreigners

Russia has a list of professions that are closed to foreigners. In accordance with applicable law, such persons cannot be hired:

• to enterprises operating in the field of state security;
• for the production and disposal of nuclear products;
• to the public service;
• production of aircraft and ships;
• command positions in aviation and on ships.

Features of concluding an employment contract with a foreigner

A TD with a foreign citizen must comply with the requirements of Article 57 of the Labor Code of the Russian Federation, as well as an agreement with a Russian citizen. But there are a number of nuances that personnel officers should know when registering a foreigner:

1. When specifying the place of work, one should pay attention to which region is indicated in the patent, since a foreigner can work only in the subject that is listed in the patent.
2. The position in the TD and in the permits must match.
3. The date of commencement of work in the TD cannot be earlier than the issuance of a work permit to the employee.
4. The validity period of the TD cannot depend on the validity period of the work permit.

Features of hiring foreign citizens in 2020

The procedure for hiring foreign citizens to work in 2020 has not changed significant changes. Migrants can be engaged in labor activity on the territory of the Russian Federation under a patent or on the basis of a permit.

In practice, we regularly encounter the fact that it is difficult even for lawyers of employing companies to deal with Russian migration laws and the rules for the employment of foreign citizens in Russia, and it is even more difficult for foreign citizens who come to another state to look for work to understand the entire procedure for applying for a job.

For this reason, in this article we decided to describe all the features of the employment of foreign citizens in the Russian Federation and give step-by-step instructions for registering a foreign citizen for work, which can be used by foreigners who come to work in Russia without a visa.

In addition to the procedure for employment of foreign citizens, you will also learn about all the documents necessary for a foreign citizen to work in Russia.

The procedure for employment of foreign citizens in the Russian Federation in 2020 in a visa-free regime

So, let's consider the procedure for registering a foreigner for work from the point of view of the foreign citizen himself, who does not need a visa to enter the Russian Federation.

The country whose citizenship you have is also not a member of the EAEU.

What actions are required for the legal work of foreign citizens in Russia, and what documents are needed for the work of foreign citizens in 2018?

1. You must have a foreign passport (foreign passport). This document will be required to cross the border. If it is missing, you must first issue it in your homeland.

4. When the border is crossed, you will be given seven working days (in Tajikistan - fifteen calendar days) to complete the migration registration. It also bears the names of a three-month or temporary registration.

It is necessary that the migration registration be issued at the address of your future workplace or actual residence. Otherwise, it may be canceled at any moment, and your stay in Russia will become illegal, which may subsequently lead to a ban on entry into the Russian Federation in the future.

5. Further, in order for a foreigner to officially find a job in the Russian Federation, it is necessary to issue a patent for work. Without it, you will not be able to work legally.

Thirty days are allotted for filing a patent application. During this period, a foreign citizen is required to collect all documents for a patent for work, which includes:

8. After obtaining a patent, a foreign citizen must make mandatory monthly advance payments for it. In case of delay in payment even for 1 day, the patent is automatically cancelled.

9. Since September 2016, foreign citizens must also carry out renewal of patent registration without fail.

Naturally, paperwork for the employment of foreign citizens in Russia in 2020, taking into account all taxes and state duties, will be expensive, so these costs need to be planned in advance.

However, if you follow all the rules for the employment of foreign citizens, and you have a complete package of documents for the work of foreign citizens on the territory of the Russian Federation, you will be able to legally work in Russia for a year without fear of deportation, penalties or entry ban.

Therefore, there is no need to save on your safety and tranquility - a foreign citizen can officially work only with the entire list of documents for the employment of foreign citizens to the employer.

Remember, once you spend money on documents for official registration of a foreign citizen by law, you will be able to earn money throughout the year, and not spend it on paying fines.

If our article on the procedure for employment of foreign citizens in Russia in 2020 was useful to you and step-by-step instruction registration for work of visa-free foreign citizens, please like (+). Or share with your friends on social media. networks with information about employment of a foreign citizen in the Russian Federation in 2020 and tell us about the documents for the legal work of foreign citizens in Russia.

Issues discussed in the material:

• How foreign citizens are hired
• What documents are required for employment of foreign citizens
• What are the conditions for hiring foreign citizens
• How to conclude an employment contract for a foreign citizen

Russia is a multinational country. Today you will not surprise anyone with the number of foreigners in its territory. Some of them come to our country for tourism purposes, others for employment, and some remain for permanent residence. The last two categories of foreigners need official employment. Although this process is not the most difficult, it has its own nuances that both Russian employers and foreign workers should be aware of.

In our today's article, we will look at how foreign citizens are hired and get acquainted with legislative framework governing this process. It should be noted that the employer must take a responsible approach to this issue and familiarize himself with the regulations of the Russian Federation before hiring foreign citizens in 2019. Violation of the conditions for the reception of foreigners entails liability for both parties to the process. What kind of punishment is provided for them by law, we will consider below.

Before proceeding to the study of the issue of employment of foreign workers, let's see who exactly should be included in this category of persons. First of all, a foreign citizen is an individual who is not a citizen of the Russian Federation. Secondly, he has documentary evidence of his status as a citizen of another country.

The conditions for hiring foreign citizens differ from the conditions for hiring Russians. Managers, when hiring persons belonging to citizens of another country, must comply with the procedure established by law.

In recent years in State Duma more and more often voiced proposals for the need to adopt the so-called unified migration code. It is assumed that this document will focus on all the main points that regulate the process of admission of foreigners to a vacant position by Russian entrepreneurs.

But until such a document is created, all the necessary information dispersed in various legal sources. The main ones are:

• Labor Code of the Russian Federation;
• Tax Code of the Russian Federation;
• Code of the Russian Federation on Administrative Offenses;
• orders of the federal migration service;
• federal laws.

To individual received the status of a foreigner, he must meet one of the following criteria:

• lack of belonging to the citizenship of any country;
• availability of documents officially confirming the status of a citizen of any other country.

The legislation establishes the distribution of foreigners into certain groups. Depending on which group the foreigner belongs to, the employer applies one or another algorithm for hiring them. The admission process is regulated by the Federal Law. Let's look at each group in more detail.

• Refugees. These include people who, due to circumstances, are forced to leave their native country.
• Temporarily staying. These are people who do not have a residence permit. Depending on the country of which they are citizens, a visa regime is established. In other words, some foreign citizens have the right to temporarily stay in our country without a visa.
• Temporary residents- These are foreigners who have received the appropriate permit. Usually the document is issued for a period of three years.
• permanent resident. Belonging to this group is determined by the time of residence in Russia. To obtain a residence permit, you must stay in Russia for more than twelve months. The document itself is issued for five years, after which the foreigner has the right to extend its validity.
• Citizens of countries belonging to the EAEU. This category of persons refers to foreigners who have some advantages in the process of applying for a job in Russia. So, they have more simple terms employment.
• Highly qualified specialists. As a rule, the arrival of these persons in our country is initiated by the employer, who, in order to attract professional employees, issues an invitation for them.

The employer must request the following documents when hiring a foreign citizen.

• A notarized document confirming the identity of an individual.
• Certificate of pension insurance. This document must be with a foreigner if he gets a job for the second time. Otherwise, it is issued by the employer.
• Medical insurance policy. It can be replaced by a health insurance contract.
• Work permit or patent.
• A document certifying the legality of being in Russia.
• Employment history. In the absence of such, the obligation to issue it rests with the employer.
• Diploma of education.

A citizen of a foreign state who has documents not in Russian must provide their translation.

In order to simplify the process of employment, a work permit for foreign citizens can be replaced by a patent. It can be obtained by a person who does not have a visa. Within thirty days from the date of arrival, he must submit an application for his extradition to the Federal Migration Service. The validity of the document is not less than thirty days and not more than twelve months.

The Federal Migration Service issues a patent on the basis of the following documents:

• statement;
• passport or other identity document;
• migration card;
• photograph 30 × 40 mm;
• medical policy and medical documents.

Medical documents must contain references to:

• about the absence of dangerous infections;
• confirming the absence of alcohol and drug addiction;
• on payment of the fee.

In addition to all the above documents, a person wishing to work in Russia must confirm his knowledge of the Russian language, history and the basics of Russian legislation. To do this, a citizen can provide:

• a certificate issued for five years;
• certificate of state attestation;
• certificate of school education;
• diploma of education.

The FMS has ten days to process the application, after which it issues a patent or a notice of refusal to the foreigner. If a foreigner has not received a patent, he has the right to challenge the decision of the FMS in court or in the migration authorities. He has three days to take this action. After the expiration of the patent, the foreigner must leave the country. If necessary, he can return at any time and go through the entire employment process again.

Getting a patent is not difficult, but you need to remember that it can be canceled at any time. The following situations can lead to this:

• Engagement of third parties. It does not matter who exactly does this, the employer or the foreigner himself.
• A citizen who owns a patent is dangerous.
• The foreigner was caught in connection with terrorist organizations.
• There is evidence that in the past the person was expelled from the Russian Federation.
• Providing false information by a person.
• Having a criminal record.
• Violation by a foreigner of the laws of the Russian Federation.
• The patent holder lives in another country for more than six months.
• Failure to provide a complete package of documents.

The work permit is issued by the Federal Migration Service. Employment of foreign citizens without it is possible for such categories as:

• employees of scientific organizations;
• teachers;
• working students;
• persons with a residence permit;
• employees of organizations that have received Russian accreditation;
• participants in the program for voluntary resettlement of compatriots and their families in Russian Federation;
• employees of diplomatic missions;
• employees of the company who install foreign machines.

The employer must apply to the employment service and obtain permission. It is issued for a year.

To obtain a permit, the employer must provide information:

• about the firm;
• on the number of foreign employees;
• about their professions and positions.

How are foreign citizens recruited? The instruction is as follows:

To apply for a foreign citizen staying in Russia on the basis of a visa, you must provide:

• statement;
• work permit for foreigners;
• conclusion from the employment service confirming the expediency of using labor migrants;
• applicant's documents, including:
• identification;
• a document allowing you to stay on the territory of the Russian Federation;
• medical policy;
• color photograph;
• diploma of education;
• receipt for payment of state duty.

The employer has the right to initiate the expansion of the set of documents.

A legal entity has the right to provide:

• Certificate of amendments to the register of legal entities.
• Certificate of tax registration.

Entrepreneurs provide:

• extract from USRIP;
• identity document;
• a document indicating the place of residence;
• certificate of registration with the Federal Tax Service.

The validity of the permit is limited to one year.

The employer is obliged to put on the migration register each employee-foreigner. A notice of employment of a foreign citizen is submitted to the FMS office within three days from the date of signing the contract.

The further process is similar to hiring Russians. A citizen of a foreign state submits a written application for employment, and the employer issues an appropriate order. The form for hiring a foreign citizen is not unified and can be drawn up in any form.

The employment contract for a foreign citizen includes an extended list of information specified in it. In addition to standard information, it should contain:

• Information about the document confirming the legality of the foreigner's stay in Russia, namely:
• date of issue;
• series and number;
• validity;
• who issued the document.
• Details of the health insurance policy.

The validity of the contract should not exceed the period during which the employee will stay in Russia.

The contract can be concluded in two languages ​​(Russian and the employee's native language). Legislation allows the use of only the Russian language for these purposes.

2. Features for Belarusians

• the passport;
• work book;
• insurance certificate;
• military ID;
• diploma of education;
• photograph.

3. Student employment

Sometimes foreign students studying in the Russian Federation decide to get a job. Based on the norms of the legislation, they have the right to work only in the territory of the subject where their educational institution is located. A work permit is issued to students for up to one year. But not all students can get a job. Students who are eligible to do so are:

• get an average or higher education;
• are trained in full-time departments;
• receive professional education in institutions with state accreditation.

4. Quota for foreigners

The state of the Russian Federation provides for the existence of quotas. In other words, the number of foreign persons working on the territory of the Russian Federation is regulated at the state level. This year, the following restrictions on the number of foreigners in relation to the total number of employees are provided:

• Truck drivers should not exceed thirty-five percent.
• Sellers of alcoholic products - fifteen percent.
• Sellers of tobacco products - fifteen percent.
• Workers growing vegetable crops in a number of regions - fifty percent.
• Passenger transport employees - forty percent.
• Sports figures - no more than twenty-five percent.

Some regions do not have quotas for:

• pharmacists;
• sellers in the markets;
• retail employees.

There are no restrictions for certain industries. A specific list of professions for which quotas are not set is adjusted by legislators annually. Changes to it depend on the state of the labor market. This year, the following professional areas are not subject to quotas:

• Creative:
• correspondent;
• leading;
• drama actor;
• circus artist;
• ballet dancer;
• orchestra member;
• director, assistant director;
• production designer;
• choreographer;
• choreographer;
• conductor.
• Technical:
• sound engineer;
• technician-technologist;
• Electrical Engineer.
• Managerial:
• director;
• supervisor joint-stock company;
• head of department.

5. Qualified employees

This group includes those persons who receive for their knowledge and skills wages in the amount of not less than seven hundred thousand rubles a year. Organizations that can hire HQS:

• Commercial.
• Scientific.
• Organizations operating in the field of innovative, experimental or scientific and technical developments.
• Educational.
• Medical.
• Branches of foreign organizations accredited in Russia.

The list of documents for admission to the position consists of:

• permission to enroll a foreigner in the staff of the organization;
• work permits;
• constituent documents of the organization;
• applications in the prescribed form;
• work contracts;
• letter guaranteeing the reimbursement of expenses to the state. Provided for cases of deportation of the HQS;
• photos;
• a document confirming the payment of the fee.

You have two weeks to make a decision. In the event that the period during which the HQS will work in the organization does not exceed three months, he does not need to register with the migration services.

How should an employer act when hiring a foreign citizen? Step-by-step instructions for different categories are presented below.

1. Foreign citizens whose stay in the country is temporary (visa regime).

If an employer hires a foreigner whose stay in Russia must be accompanied by a visa, then the first thing he must do is obtain permits.

First, he must draw up an application, which will indicate the need for foreign specialists. It is submitted to the CC. For one month, employees of the EPC will try to find an employee for the employer - a citizen of the Russian Federation.

And only after that the employer goes to the Ministry of the Interior and receives a permit to hire a foreign citizen as an employee. The state fee to be paid is ten thousand rubles.

After an application is submitted to the Ministry of Internal Affairs and the state duty is paid, the employer has to wait about 30 days, after which he will be issued a permit. Indeed, it will be one year.

Documents required to obtain a permit:

• an application, the form of which is determined by order of the Ministry of Internal Affairs No. 637 of August 14, 2017;
• the photo;
• a copy of the document proving the identity of the foreigner;
• medical certificates of the established form;
• receipt for payment of state duty.

Duplicate documents that were issued to a foreigner on the territory of his country must be legalized in Russia.

Documentation is submitted to the Ministry, which includes:

• application in the prescribed form;
• employer's passport;
• a copy of the identity document of the applicant for the position;
• guarantee letters. They must contain information guaranteeing a foreign citizen the availability of material, medical, housing support from the employer for the entire period of stay in the territory of the Russian Federation;
• document confirming the payment of state duty. Its size is eight hundred rubles.

After that, the employer receives an invitation and sends it to a foreign citizen.

The employer can insure the arrived employee on his own by contacting the insurance company, or can provide him with the opportunity to use VHI.

2. Foreign citizens whose stay in the country is temporary (visa-free regime).

This group of persons is required to acquire a patent in order to get a job in Russia.

They can issue it after receiving a migration card.

Thus, upon entering our country, a foreigner must apply to an insurance company to apply for a VHI policy, and then to the Ministry of Foreign Affairs, where he will be registered with the migration authorities. He must do this no later than seven days from the date of arrival. Then he applies to the Ministry of Internal Affairs for a patent.

After that, no later than ten working days, the patent will be ready. This document contains information about the profession of a foreigner and the place of issue of the patent itself. This information is of great importance, since the foreigner is prohibited from engaging in activities other than those specified in the patent. The territory of employment is also limited to the subject of the Russian Federation that issued the document.

A patent is issued to a citizen of a foreign state in person upon presentation of documents confirming his identity and payment of an advance payment of personal income tax.

The validity of a patent lasts no more than twelve months, but can be extended if necessary.

If a foreign citizen decides to move from one subject of the Russian Federation to another, then in order to carry out labor activities, he will need to issue a new patent. The procedure for obtaining it will be similar to the first.

3. Individuals with citizenship in the EAEU countries.

In order to get a job in Russia, citizens of the EAEU do not need to obtain any permission. Accordingly, the list of documents they provide is limited to the same list provided for Russian citizens. It can only be supplemented by an insurance policy.

The Eurasian Union, in addition to Russia, includes such countries as the Republic of Belarus, Kyrgyzstan, Armenia and Kazakhstan.

4. Highly qualified specialists.

Since HQS belong to the category of persons for whom a special procedure for obtaining a work permit is established, the step-by-step recruitment of a foreign citizen who is such a specialist is very simple.

The employer does not have to apply to the authorities in order to obtain permission to hire a foreigner and confirm quotas.

HQS receive a permit for a period of three years.

For the employer, an important condition is only the size of the salary of such an employee. It must exceed one hundred and sixty thousand rubles.

Documents to be submitted for obtaining a permit:

• employment contract;
• application for admission of a specialist;
• written confirmation of readiness to pay the costs of deportation;
• the photo;
• receipt of payment of the fee, which is three thousand five hundred rubles.

The employer, submitting all the necessary documentation for obtaining a permit, can simultaneously issue an invitation for a future employee.

The package of documents required for this is similar to the package of documents for permission. The difference is only in the presence of the petition.

As for the terms for issuing both documents, according to the established norms, they should not exceed fourteen working days. The countdown starts from the day on which the documents were submitted in full.

So, having received an invitation, the employer must send it to the candidate for the position. The latter, in turn, issues a work visa. After the arrival of a foreign citizen in Russia, the employer must sign an employment contract with him.

After that, the employee will be able to apply to the Ministry of Internal Affairs and obtain a work permit.

When drawing up an employment contract, the employer must take into account some of the nuances:

• the new employee must start work on the day the work permit was issued;
• not later than the first working day of the foreigner, the employer must fill in the details of the insurance policy in the contract.

The employer must provide the foreign employee with insurance throughout the entire period of his work.

A notice of a change in labor relations with a foreign employee is sent to the FMS exclusively on paper.

In addition, the employer is responsible for providing the Ministry of the Interior with information on the timely payment of wages to a foreign worker.

An interesting fact: an individual has the right to independently submit a request to the consulate of the Russian Federation in order to recognize his HQS.

5. Temporarily and permanently residing foreign citizens.

The form of employment of a foreign citizen belonging to this category of foreign persons is no different from the form established for Russian citizens. They do not need to obtain a work permit.

Nevertheless, the employer must carefully study the documents they have, since temporarily residing foreign citizens are limited in terms of the period of stay in the territory of the Russian Federation. In other words, the employer must ensure that the residence permit is not expired or expires soon. It is usually issued for three years.

In addition, the employer needs to make sure of territorial compliance. This means that the place of work of a foreign citizen must be located on the territory of the subject of the Russian Federation, which is listed in the work permit.

Not all entrepreneurs can hire a foreign citizen, as there are restrictions on certain types of activities.

For example, this year foreigners cannot work:

• at enterprises whose activities are related to the security of the state;
• in an organization engaged in the production of nuclear products or their disposal;
• on the public service;
• in firms whose activity is the creation of aircraft and ships;
• in command positions in aviation and on ships;
• accountants.

For employers, a fine is provided for hiring foreign citizens with violations of the current legislation.

Officials shall be punished by a fine in the amount of twenty-five to fifty thousand roubles. Legal entities are fined in the amount of two hundred and fifty to eight hundred thousand rubles.

The amount of the fine depends on the type of violation. For example, failure to notify a foreign citizen of employment is punishable by a fine of up to seventy thousand rubles on an official. In addition, administrative liability for the employer provides for the possibility of suspending the activities of the enterprise for up to three months.

An employee who is a citizen of another country may be deported. The costs associated with the expulsion of foreign employees from the country are borne by the employer.

Summing up all of the above, it should be noted that the procedure for hiring foreigners is quite simple. It requires the employer only care and responsible approach to this issue. Observing the norms of the law, he will be able to ensure a comfortable stay for foreigners on the territory of our country and the safety of their own business.

How to register a foreign worker: step-by-step instructions and answers to other personnel questions of a foreign representative office

Why do companies resort to hiring foreign workers? There may be several reasons for this. Firstly, in order to introduce advanced foreign business practices. In this case we are talking on attracting foreign citizens from far abroad and employees who are highly qualified specialists. As a rule, the attraction of foreigners is characteristic of representative offices, branches and subsidiaries of foreign companies.

Another reason for hiring foreigners is the desire of companies to save on employees. Low salary expectations are typical for the so-called "labor migrants" or "guest workers" - citizens who temporarily arrive on the territory of the Russian Federation from neighboring countries to work (these are, as a rule, visa-free foreign citizens).

Registration of a foreign employee from far abroad in a representative office of a foreign company

Companies interested in a highly qualified world-class specialist to implement advanced foreign experience most often resort to hiring experienced foreigners from far abroad. The migration legislation of the Russian Federation provides for the registration of foreign citizens for work in two ways:

1. Within the framework of quotas for attracting foreign workers in Russia.
2. as highly qualified professionals.

Each of the methods has its own characteristics and advantages, consider them.

In accordance with Art. 55 of the Civil Code of the Russian Federation The representative office is not a legal entity; accordingly, the parent organization acts as the employer in employment contracts.

An employment contract with the head of the representative office, as a rule, is concluded by the head of the parent organization or a person authorized by him by proxy.

Employment contracts with employees of the representative office are signed, as a rule, by the head of the parent organization or the head of the representative office by proxy.

The representative office on behalf of the parent company can conclude employment contracts with foreign workers:

1. Within the limits of the number of foreign workers agreed during accreditation.
2. If there is a permit to attract and use foreign workers.
3. If foreign workers have work permits.

Important!

These requirements also apply in the case of sending foreign employees to work in the Russian Federation from the parent organization on a business trip due to the fact that:

• The labor legislation of the Russian Federation is valid only on the territory of the Russian Federation, which means that foreign employees do not acquire the status of a seconded employee upon arrival in the Russian Federation.
• Under the involvement of a foreign citizen in labor activity in the Russian Federation is understood the admission in any form to the performance of work or the provision of services, or other use of the labor of a foreign citizen.

Consider the registration of a foreigner for work in 2017, each step in the registration of a foreign worker in a representative office or branch of a foreign company.

Step 1. Apply for permission to hire foreign employees

Without this permission, it is impossible to hire foreign citizens temporarily staying in the Russian Federation on the basis of a visa.

To obtain a permit, you must pay a state duty in the amount of 10,000 rubles. for each employee and submit a package of documents:

• an application for issuing a permit to attract and use foreign workers;
• copies of constituent documents (for legal entities) or a copy of an identity document (for individual entrepreneurs);
• a draft employment contract that complies with the legislation of the Russian Federation and international agreements to which Russia is a party (other documents confirming a preliminary agreement with foreign citizens or foreign partners on the intention and conditions for attracting foreign workers).

Permission to attract is issued at the department of the Ministry of Internal Affairs of Russia for 1 year. The processing time is 30 days.

Note!

The issuance of work permits is carried out within the framework of quotas approved annually by the Government of the Russian Federation. For 2017, the quotas were approved by Decree of the Government of the Russian Federation No. 1288 dated December 3, 2016.

The conclusion of employment contracts with foreign citizens without issuing a work permit within the number of foreign workers agreed during accreditation of the representative office is permissible only if there is an international agreement between the Russian Federation and a foreign state on the work of citizens of these states without a work permit on the basis of the principle of reciprocity.

To date, such agreements have been concluded only with the French Republic (Agreement of November 27, 2009) and the Republic of Korea (Agreement of November 10, 2010), as well as with the EAEU member states: Armenia, Belarus, Kazakhstan, Kyrgyzstan (Agreement on the EAEU of May 29, 2010). 2014).

Step 2. Issue invitations and work permits

After the permission to attract foreign employees is in hand, you need to issue an invitation to enter Russia to obtain a visa and a work permit - for each employee.

To do this, the following documents must be submitted to the migration service:

1. petition in Russian;
2. an identity document of the employer (inviting party);
3. a copy of the passport or other identity document;
4. letters of guarantee from the inviting party on the assumption of obligations for material, medical and housing support of the invited foreign citizen for the period of his stay in Russia;
5. documents for issuing a work permit (submitted for each foreign worker at the same time as applying for an invitation to enter):
   • application for a work permit (in the prescribed form);
   • color photo of an employee 30 x 40;
   • a copy of the identity card;
   • a copy of the foreigner's document on his education;
   • certificates confirming the absence of HIV and other diseases;
   • receipt of paid state duty.

Important!

A work visa is issued to an employee for the duration of the employment contract or civil law contract, but not more than one year.

Step 3. Notify the territorial department for migration issues about the arrival of a foreigner and his reception

After completing these formalities, you can begin to conclude contracts with foreign citizens and apply for a job.

Important!

Foreign citizens are subject to migration registration. The head of the representative office, as an employer, must notify the Migration Department of the Ministry of Internal Affairs of their arrival. This must be done no later than 7 working days from the date of arrival of the foreigner. The notification is filled in for each foreigner in a special form.

For failure to comply with this regulation, administrative liability is provided in the form of a fine on the employer - from 400,000 to 800,000 rubles. or administrative suspension of activities for a period of 14 to 90 days (part 3 of article 18.15 of the Code of Administrative Offenses of the Russian Federation).

Step 4. Conclude an employment contract (or GPC agreement)

The employment contract must include the following provisions:

1. Details of the document on the basis of which labor activity is carried out (work permit / patent / temporary residence permit / residence permit).
2. Details of the policy / contract VHI.

When applying for a job, foreign citizens must provide almost the same documents as Russian ones.

To draw up an employment contract, the following documents should be requested from the employee:

• passport or other identity document;
• migration card, visa;
• one of the mandatory permits on the basis of which labor activity is carried out:
  1. Work permit or patent;
  2. Temporary residence permit;
  3. Resident card.
• work book (if it is not there, then the company needs to have it);
• insurance certificate of state pension insurance. If this is the first place of work for a foreigner, then you, as an employer, must issue an insurance certificate;
• an agreement (policy) of voluntary medical insurance valid in the territory of the Russian Federation (for temporarily staying foreigners). This document is not needed if the employer has concluded with medical organization an agreement on the provision of paid medical services to a foreign worker;
• a document on education, qualifications or the availability of special knowledge - when applying for a job that requires special knowledge or special training.

Documents of military registration of foreign citizens are not required. When concluding a civil law contract (contract or for the provision of services), the same documents are requested, except work book.

Important!

The Ministry of Internal Affairs must be notified of the conclusion and termination of employment contracts and civil law contracts with foreign citizens no later than 3 working days from the date of conclusion or termination of the contract.

Note!

In accordance with Art. 191 of the Civil Code of the Russian Federation, the notice period begins to be calculated from the day following the day of conclusion (termination) of the contract. And the company can notify the Ministry of Internal Affairs not only personally in the migration department, but also send a notification by mail with a description of the attachment and a return receipt.

Recruitment of foreigners in the status of HQS

A highly qualified specialist is a foreign worker who meets the following requirements:

1. Has work experience, skills or achievements in a specific field of activity (assessed by the employer himself);
2. Remuneration under an employment or civil law contract is at least 167 thousand rubles per month.

Note!

The employer is obliged to quarterly notify the Department for Migration of the Ministry of Internal Affairs of Russia about the fulfillment of obligations to pay wages (remuneration) to a highly qualified specialist.

Benefits of hiring a foreigner with the status of an HQS:

1. The company does not require permission to attract and use foreign workers.
2. Quotas for work permits do not apply to attracting highly qualified specialists.
3. The validity of a work permit, as well as a HQS work visa, is limited to three years, while for ordinary foreign workers it is one year.
4. A highly qualified specialist can work in several regions of the Russian Federation specified in the work permit, while in the case of an ordinary foreigner, a work permit must be issued in each subject of the Russian Federation separately.
5. A highly qualified specialist, if the traveling nature of the work is indicated in the employment contract, can be on a business trip in any region of the Russian Federation for an unlimited amount of time (an ordinary foreign worker - only 10 days a year, provided that he occupies one of the leading positions, and if his employment contract specifies traveling nature of work, not exceeding 40 days in a year).
6. A highly qualified specialist is exempted from the obligation to register for migration at the place of stay for up to 90 days from the date of entry into the Russian Federation and for up to 30 days in case of movement within the territory of the Russian Federation (ordinary foreign workers - within 7 working days).
7. The term for consideration of documents for issuing a work permit, as well as an invitation to obtain a work visa for a highly qualified specialist, is about 15 working days (for ordinary foreign workers, about 3.5 months).

Employment of foreigners from neighboring countries

Foreigners from neighboring countries (Ukraine, Moldova, Azerbaijan, Uzbekistan, Tajikistan) enjoy a simplified regime for engaging in labor activity:

1. The company does not need to obtain permission to use foreign labor;
2. The company does not need to go through the procedure for obtaining a work permit for a foreigner, as a foreigner is obliged to do it personally. Instead of a work permit, foreigners receive a patent, and they must apply for it within 30 days from the date of entry into the Russian Federation.

Important!

Despite the fact that a patent is issued for a period of one year, its validity period is determined by the number of months for which the foreigner has paid advance payments for personal income tax. In this regard, we recommend:

1. Fix in the employment contract the obligation of a patent foreigner to timely provide the employer with copies of receipts for the payment of an advance payment for personal income tax (of course, it is impossible to dismiss for violation of this obligation, but you can be subject to disciplinary liability).
2. Fix in the employment contract the obligation of the patent foreigner to timely provide the employer with confirmation of the renewal of registration, because within three working days from the date of the next payment for the patent, the receiving party is obliged to extend the period of stay of the foreigner in the relevant migration department for the duration of the patent.

1. Make sure that the place of work of the patent foreigner corresponded to the place where the patent was issued, otherwise the involvement in labor activity will be illegal (for example, Moscow and the Moscow Region are different subjects of the Russian Federation).
2. Ensure that a foreigner who has received or reissued a patent for the first time sends a copy of the employment contract to the migration department that issued the patent within two months. If the foreign worker fails to do so, the patent will be revoked and you risk being sanctioned for illegally employing a foreign worker.

Employment of citizens from the EAEU

Citizens from the countries of the Eurasian Economic Union (Belarus, Armenia, Kazakhstan, Kyrgyzstan) do not need permits at all, and the period for registration at the place of residence has been extended from 7 working days to 30 calendar days, for citizens of the Republic of Belarus - 90 calendar days. The period of stay in the Russian Federation of such citizens is determined by the term of the employment contract, which means that the employer (if he is the host) is obliged to renew the registration of such citizens only once a year.

Important!

Although the Treaty on the EAEU provides that citizens of the participating countries are not subject to restrictions related to the protection of the internal labor market, the company is still obliged to notify of the conclusion / termination of an employment or civil law contract, since this obligation is not permissive or restrictive, but notification character and in no way restricts the right of such citizens to work in the Russian Federation.

TOP-8 personnel issues for representative offices and branches of foreign companies

Question 1: Do all local regulations (orders, instructions, regulations) in the representative office need to be drawn up in 2 languages: Russian and the language of the representative country?
Answer: Not required. Personnel documents can only be drawn up in Russian.

Question 2: Contracts with employees of the representative office are concluded in the country of origin of the foreign organization. Is it required to conclude employment contracts with them in the Russian Federation or is it enough to certify the translation of foreign contracts into Russian?
Answer: Employment contracts with employees of the representative office must be drawn up in accordance with labor law RF. In the case of translation of foreign contracts into Russian, all the requirements of Russian labor legislation may not be fully complied with. We recommend concluding new contracts on the territory of the Russian Federation. Our specialists will help to draw up employment contracts with foreign employees, taking into account the specifics of Russian legislation.

Question 3: Is it necessary for foreign employees of the representative office to have Russian work books?
Answer: Yes, you should. Employment records must be kept for all employees (except part-time workers) who have worked for at least 5 days. The representative office is obliged to purchase the required number of work book forms and keep their records, storage and execution in accordance with the law.

Question 4: Is it possible to put the seal of the representative office in work books?
Answer: Yes, work books must contain the seal of the representative office. It is placed on the first sheet (during the initial registration of the work book) and upon dismissal.

Question 5: Is it required to obtain an insurance pension certificate (SNILS) and a taxpayer identification number (TIN) for foreign employees of a representative office? Who should apply for these documents to the FIU and the IFTS?
Answer: Yes, it is necessary to issue SNILS and TIN for foreign employees of the representative office. In this case, a pension certificate must be issued by a representative office. A foreign worker must obtain a TIN independently from the tax office.

Question 6: Is the representative office required to notify the Federal Migration Service (MVD) and in what cases?
Answer: Yes, it is necessary to notify the Ministry of Internal Affairs of the conclusion and termination of an employment contract with a foreign employee within three working days; on arrival at the place of stay within seven working days; on obligations to pay remuneration to a highly qualified specialist once a quarter.

Do I need to notify the migration authority about the dismissal of a former foreigner?

If a foreigner received Russian citizenship while he was working, then upon dismissal, migration control over his labor activity is not carried out. Therefore, it is not necessary to inform the migration authority. This conclusion was reached by the RF Armed Forces in Resolution No. 81-AD17-17 dated June 26, 2017. The position of the Supreme Court will help employers in disputes with migration authorities.

Recall that if the employer organization does not inform the migration authority about the dismissal of a foreigner, it faces a fine in the amount of 400 thousand to 800 thousand rubles. If the violation occurred in Moscow or St. Petersburg or in the Moscow or Leningrad region, the fine ranges from 400 thousand to 1 million rubles. An alternative punishment to a fine in any region is the suspension of activities for a period of 14 to 90 days.

Question 7: If a foreign employee of the representative office temporarily leaves for the main company, will this be considered a business trip?
Answer: Yes, the departure of an employee to the main company must be registered as a business trip in accordance with Russian law. Our experts will help you competently draw up personnel documents for a business trip of employees and calculate wages, taking into account travel payments.

Question 8: What other pitfalls can be in terms of personnel records in the representative office?
Answer: The labor relations of foreign workers with the representative office are regulated by the labor legislation of Russia. Therefore, personnel records in a representative office are fundamentally no different from personnel records in a Russian organization. Personnel documents for foreign employees of the representative office are maintained in the same manner and to the same extent as for Russian employees. "Pitfalls" in personnel records are often encountered in matters of compliance with rules and regulations federal law dated July 27, 2006 No. 152-FZ “On Personal Data”. Moreover, from July 2017, amendments to Law 152-FZ will come into force. We will be ready to talk about the specifics of conducting personnel records management in terms of the Law “On the Protection of Personal Data” at a meeting, if necessary.

Companies often entrust accountants, HR specialists, or even office managers with the responsibility for registration and registration of foreign employees, not suspecting how many peculiarities and pitfalls are fraught with migration legislation, and responsibility for its violation can even shake the business (upper bar fine - 1 million rubles). Therefore, it is worth thinking about high-quality, but expensive courses for training specialists in the basics of migration accounting.

Contact an expert

Subscribe to blog updates