ConsultantPlus: note.

The national procedure for regulating the attraction and use of foreign labor in relation to citizens of the Republic of Belarus in the Russian Federation is not applied (Decision of the Supreme Council of the Community of Belarus and Russia dated 22.06.1996 N 4).

Article 13. Labor activity foreign citizens in Russian Federation

1. Foreign citizens enjoy the right to freely dispose of their abilities for work, choose the type of activity and profession, as well as the right to freely use their abilities and property for entrepreneurial and other purposes not prohibited by law. economic activity subject to federal restrictions.

2. In accordance with this Federal Law, an employer is an individual or legal entity that has obtained, in accordance with the established procedure, permission to attract and use foreign workers (except for the cases provided for by this article) and employs the labor of foreign workers on the basis of employment contracts concluded with them. A foreign citizen registered as an individual entrepreneur can also act as an employer.

(see text in previous edition)

3. The customer of works (services) in accordance with this Federal Law is an individual or legal entity that has received permission in accordance with the established procedure to attract and use foreign workers (except for the cases provided for by this article) and uses the labor of foreign workers on the basis of civil contracts concluded with them. -legal contracts for the performance of work (rendering of services). A foreign citizen registered as an individual entrepreneur may also act as a customer of works (services).

(see text in previous edition)

4. The employer and the customer of works (services) have the right to attract and use foreign workers if they have a permit to attract and use foreign workers, and a foreign citizen has the right to work if he has reached the age of eighteen years, if he has a work permit or patent. Specified Order does not apply to foreign citizens:

(see text in previous edition)

1) permanently or temporarily residing in the Russian Federation;

(see text in previous edition)

2) who are participants in the State Program to Assist Voluntary Resettlement to the Russian Federation of Compatriots Living Abroad and Their Family Members Relocating Together with Them to the Russian Federation;

3) who are employees of diplomatic missions, employees of consular offices of foreign states in the Russian Federation, employees of international organizations, as well as private domestic workers of these persons;

4) who are employees of foreign legal entities(manufacturers or suppliers) performing installation (supervision) work, service and warranty service, as well as post-warranty repair of technical equipment supplied to the Russian Federation;

5) who are journalists accredited in the Russian Federation;

6) students in the Russian Federation in professional educational organizations and educational organizations higher education and performing work (providing services) during holidays;

(as amended by Federal Law No. 185-FZ of July 2, 2013)

(see text in previous edition)

7) studying in the Russian Federation in professional educational organizations and educational organizations of higher education and working in their spare time in these educational organizations, in business companies or in business partnerships created by budgetary or autonomous educational organizations of higher education in which they study;

(Item 7 as amended by Federal Law No. 185-FZ of July 2, 2013)

(see text in previous edition)

8) invited to the Russian Federation as scientific or teaching staff, if they are invited to engage in research or pedagogical activity according to state-accredited educational programs of higher education by educational organizations of higher education, state academies sciences or their regional branches, national research centers, state scientific centers, other scientific organizations in which there are dissertation councils established in accordance with the legislation of the Russian Federation, or other scientific organizations and innovative organizations in accordance with the criteria and (or) the list approved by the Government of the Russian Federation, or as teachers for conducting classes in other organizations engaged in educational activities, with the exception of persons entering the Russian Federation to engage in pedagogical activities in religious educational organizations;

(Item 8 as amended by Federal Law No. 185-FZ of July 2, 2013)

(see text in previous edition)

8.1) invited to the Russian Federation for business or humanitarian purposes or for the purpose of carrying out labor activities and involved in addition to this to engage in research and (or) teaching activities in state-accredited educational programs of higher education in scientific organizations and educational organizations of higher education, for the exclusion of spiritual educational organizations;

(see text in previous edition)

8.2) who arrived in the Russian Federation for no more than thirty days to carry out touring activities (organization and holding events on the basis of civil law contracts on a reimbursable and (or) gratuitous basis, during which a foreign citizen who is a creative worker performs public performance of works literature, art or folk art) or to carry out, at the invitation and in the interests of state institutions of culture and art, creative, educational, research and (or) pedagogical activities;

(see text in previous edition)

8.3) invited to the Russian Federation as medical, pedagogical or scientific workers in case of their invitation to engage in relevant activities on the territory of the international medical cluster;

8.4) those who arrived in the Russian Federation on a guest visit or to carry out scientific or cultural ties and contacts and who, in addition, are attracted by state institutions of culture and art to carry out the activities specified in subparagraph 8.2 of this paragraph, for a period not exceeding thirty days;

9) who are accredited employees of representative offices of foreign legal entities accredited in accordance with the established procedure on the territory of the Russian Federation, on the basis of the principle of reciprocity in accordance with international treaties of the Russian Federation;

(see text in previous edition)

11) recognized as refugees on the territory of the Russian Federation - until they lose their refugee status or are deprived of their refugee status;

12) who have received temporary asylum on the territory of the Russian Federation - until they lose their temporary asylum or are deprived of their temporary asylum.

(see text in previous edition)

(see text in previous edition)

4.2. A foreign citizen temporarily staying in the Russian Federation is not entitled to work outside the boundaries of the constituent entity of the Russian Federation on whose territory he was issued a work permit or patent, as well as by profession (specialty, position, type of labor activity) not specified in the work permit. An employer or customer of works (services) is not entitled to involve a foreign citizen in labor activity outside the boundaries of the subject of the Russian Federation on the territory of which this foreign citizen has been issued a work permit or patent, as well as by profession (specialty, position, type of labor activity) not specified in a work permit (with the exception of cases provided for by this Federal Law and other federal laws).

(see text in previous edition)

4.3. Features of the implementation of labor activity by foreign citizens on the territory of the Russian Federation in connection with the organization and holding of the XXII Olympic Winter Games and the XI Paralympic Winter Games of 2014 in the city of Sochi are determined by the Federal Law "On the organization and holding of the XXII Olympic Winter Games and the XI Paralympic Winter Games of 2014 in the city of Sochi, the development of the city of Sochi as a mountain climatic resort and the introduction of amendments to certain legislative acts of the Russian Federation.

4.4. Features of the implementation of labor activity by foreign citizens on the territory of the Russian Federation in connection with the organization of the meeting of the heads of state and government of the countries - participants of the forum "Asia-Pacific Economic Cooperation" in 2012 in the city of Vladivostok are determined by the Federal Law "On the organization of the meeting of the heads of state and government of countries - participants of the forum "Asia-Pacific Economic Cooperation" in 2012, on the development of the city of Vladivostok as a center of international cooperation in the Asia-Pacific region and on amendments to certain legislative acts of the Russian Federation".

4.5. The employer and the customer of works (services) have the right to attract and use foreign workers without permission to attract and use foreign workers if foreign citizens:

1) arrived in the Russian Federation in a manner not requiring a visa;

2) are highly qualified specialists and are employed in the Russian Federation in accordance with Article 13.2

3) are members of the family of a highly qualified specialist involved in labor activity in the Russian Federation in accordance with Article 13.2 of this Federal Law;

4) study in the Russian Federation on a full-time basis in a professional educational organization or an educational organization of higher education in the main professional educational program having state accreditation;

5) are involved in labor activity in the Russian Federation in accordance with Article 13.5

4.6. Unless otherwise provided by an international treaty of the Russian Federation or federal law, a foreign citizen who arrived in the Russian Federation in a manner that does not require a visa, when issuing him a work permit or patent, is subject to photography and mandatory state fingerprint registration in the manner determined by the federal executive body in the field of internal affairs, with the subsequent entry of the information received into the data bank on the implementation of labor activity by foreign citizens, created in accordance with Article 18.2 of this Federal Law. This provision does not apply to highly qualified specialists who receive a work permit in accordance with Article 13.2 of this Federal Law, as well as to foreign citizens who receive a work permit in accordance with Article 13.5 of this Federal Law.

(see text in previous edition)

4.7. Organizations providing services for the employment of foreign citizens on the territory of the Russian Federation, within three working days from the date of employment of a foreign citizen, are obliged to notify the territorial body of the federal executive body in the field of internal affairs about this. The procedure for submitting a notice of employment of a foreign citizen on the territory of the Russian Federation and its form are established by the federal executive body in charge of internal affairs.

(see text in previous edition)

4.8. Features of the implementation of labor activity by foreign citizens on the territory of the Skolkovo Innovation Center are established by the Federal Law "On the Skolkovo Innovation Center".

4.9. Features of the implementation by foreign citizens of labor activity on the territory of the Russian Federation in connection with the implementation of measures provided for by the Federal Law "On the preparation and holding in the Russian Federation of the 2018 FIFA World Cup, the 2017 FIFA Confederations Cup, the 2020 UEFA European Football Championship and introducing amendments to certain legislative acts of the Russian Federation" are established by the said Federal Law.

(see text in previous edition)

4.9-1. Features of the implementation of labor activity by foreign citizens in the territories of advanced socio-economic development are determined by the Labor Code of the Russian Federation.

4.10. The rules established by subparagraphs 6 and 7 of paragraph 4 of this article shall not apply to foreign citizens who combine employment with education in the Russian Federation, if these foreign citizens arrived in the Russian Federation in a manner that does not require a visa, in order to carry out labor activities or on the basis of an ordinary work visa.

4.11. Features of the implementation of labor activity on the territory of the Russian Federation by foreign citizens who are members of the jury of the International Competition named after P.I. Tchaikovsky, are determined by the Federal Law "On the regulation of certain issues related to the holding in the Russian Federation of the International Tchaikovsky Competition, and amendments to the Federal Law "On the legal status of foreign citizens in the Russian Federation".

(see text in previous edition)

4.12. Features of the implementation of labor activity by foreign citizens on the territory of the international medical cluster are established by the Federal Law "On the International Medical Cluster and Amendments to Certain Legislative Acts of the Russian Federation".

4.13. Features of the implementation by foreign citizens of labor activity in the territories of innovative scientific and technological centers are established by the Federal Law "On innovative scientific and technological centers and on the introduction of amendments to certain legislative acts of the Russian Federation."

5. A foreign citizen temporarily residing in the Russian Federation is not entitled to work outside the boundaries of the constituent entity of the Russian Federation, on the territory of which he is allowed temporary residence.

6. Taking into account the peculiarities of regional economic ties The federal executive body authorized by the Government of the Russian Federation may establish cases of labor activity:

(as amended by Federal Law No. 160-FZ of July 23, 2008)

(see text in previous edition)

1) by a foreign citizen temporarily residing in the Russian Federation - outside the boundaries of the subject of the Russian Federation, on the territory of which he was issued a work permit, and in the case of a foreign citizen carrying out labor activities in the manner established by Article 13.4 of this Federal Law - outside the boundaries of the subject of the Russian Federation; Federation, on the territory of which this foreign citizen is studying;

(see text in previous edition)

2) by a foreign citizen temporarily residing in the Russian Federation - outside the boundaries of the subject of the Russian Federation, on the territory of which he is allowed temporary residence.

7. After acceptance for consideration of documents for issuing a work permit or a patent for a foreign citizen, the federal executive body in the field of internal affairs or its territorial body checks the fact of registration with the tax authority of this foreign citizen on the basis of information available in the state information system of migration registration .

(see text in previous edition)

In the absence of the specified information, the federal executive body in the field of internal affairs or its territorial body, no later than the day following the day of acceptance for consideration of documents for issuing a work permit or patent for a foreign citizen, sends information about the registration of this foreign citizen for migration registration at the place stay with the tax authority at the place of its location. The tax authority, no later than the day following the day of registration of the foreign citizen, sends to the federal executive body in the field of internal affairs or its territorial body information on the registration of the foreign citizen with the tax authority. The exchange of information is carried out using a unified system of interdepartmental electronic interaction and regional systems of interdepartmental electronic interaction connected to it or otherwise in electronic form, subject to the requirements established by the legislation of the Russian Federation in the field of personal data.

(see text in previous edition)

of this paragraph, the notification may be sent by the employer or the customer of works (services) to the territorial body of the federal executive body in the field of internal affairs on paper or submitted in the form of an electronic document using public information and telecommunication networks, including the Internet, including a single portal of state and municipal services.

(see text in previous edition)

The territorial bodies of the federal executive body in the field of internal affairs exchange with the executive bodies in charge of employment issues in the relevant subject of the Russian Federation and the tax authorities information on the involvement of employers and customers of works (services) of foreign citizens for labor activity. The exchange of information is carried out using a unified system of interdepartmental electronic interaction and regional systems of interdepartmental electronic interaction connected to it or otherwise in electronic form, subject to the requirements established by the legislation of the Russian Federation in the field of personal data.

(see text in previous edition)

9. On the basis of an agreement on cooperation between the federal executive body in the field of internal affairs and a constituent entity of the Russian Federation, an organization authorized by this constituent entity of the Russian Federation participates in the exercise of powers to provide public services for the registration and issuance of patents to foreign citizens, including accepting applications and documents necessary for the issuance or renewal of a patent, and also assists in the mandatory state fingerprint registration of foreign citizens applying for a patent, and their photographing. These participation and assistance are carried out without attracting funds from the federal budget.

11. Unless otherwise established by this Federal Law, in the event of a change during the period of validity of the work permit of the surname, name or patronymic (the latter - if any) of a foreign citizen or the details of a document proving his identity on the territory of the Russian Federation and recognized by the Russian Federation in this quality, this foreign citizen within seven working days from the date of entry into the Russian Federation (when changing his last name, first name or patronymic (the latter - if available) or the details of his document proving the identity of a foreign citizen outside the Russian Federation) or from the date of change his last name, first name or patronymic (the latter - if available) or details of his identity document of a foreign citizen (in case of changing his last name, first name or patronymic (the last - if available) or details of his identity document of a foreign citizen on the territory of the Russian Federation ), must apply to the territorial body of the federal executive body in the field of internal affairs that issued the work permit, in order to make appropriate changes to the information contained in such a permit.

(see text in previous edition)

The legal registration of foreigners is headache, and many are looking for easier ways, up to hiring illegal immigrants. This is not safe for business, the company may face heavy fines. The fact that an unregistered foreigner works for you can be conveyed to the controllers by anyone: from the tax office to an annoyed buyer. And the migration service itself often arranges inspections to identify illegal foreign citizens.

Migration registration and status of a foreigner

Foreign citizens are subject to migration registration in Russia. For this, a foreigner, upon entering the border, receives and fills out a migration card. He gives a copy of the migration card to the host in Russia.

You notify the Ministry of Internal Affairs about the arrival of a foreigner only if you are the host, for example, you provide housing for a future employee. This must be done no later than thirty working days from the date of arrival of a foreigner from a member state of the EAEU, fifteen working days if a foreigner arrives from Tajikistan and seven working days from the date of arrival of a foreigner from other countries. The notification is filled in for each foreigner. Attach a copy of his identity document (passport) and a copy of his migration card to the notification.

The procedure for applying for a job and making payments depends on the status of a foreign citizen. There are three statuses:

• permanent residents - the most "Russified" foreigners with a residence permit;
• temporary residents - have a temporary residence permit;
• temporarily staying - work on a visa, migration card or on the basis of a patent.

And now we will tell you about each status in more detail, and you will also learn what you need to check and how to apply for foreign citizens to work with you.

How to register permanent and temporary residents

Most often, foreigners from the CIS countries and foreigners living in the Russian Federation temporarily or permanently are hired. They get a job in the same way as citizens of the Russian Federation. For their registration, you do not need permission to attract foreign workers.

When applying for a job resident ask a foreigner resident card and check the expiration date. This document is issued for 5 years, and then can be renewed. Foreigners can work with him throughout Russia.

When applying for a job temporary resident foreigner request a temporary residence permit. A foreigner can only work in the region where he received a temporary residence permit. It is issued for a period of 3 years, as a mark in an identity document, or as a separate document. When the permit expires, the foreigner receives a residence permit or leaves the country.

By their labor status, workers from Belarus are equated to citizens of our country and, when applying for a job, present the same documents, except for military registration documents. The rules for hiring citizens of Kazakhstan, Armenia and Kyrgyzstan have also been simplified - they can work in Russia without a work permit.

Important: citizens of Belarus, Kazakhstan, Armenia and Kyrgyzstan, like other foreign citizens, are subject to migration registration.

Submit reports without accounting knowledge

Elba will prepare all the necessary reports: 27 per year for individual entrepreneurs, 29 for LLCs. Forms will be filled in automatically, salary payments and taxes will be generated too.

How to apply for temporary residents without a visa

Visa-free entry is established for citizens of all CIS countries, except for Turkmenistan, as well as for citizens of other states, for example, Turkey, Israel.

Such foreigners, since 2015, have been hired on the basis of a patent. Until 2015, work permits were issued for employment. They remain valid until their expiration date.

Work patents are issued to foreigners for a period of 1 to 12 months. To obtain a patent, within 30 days from the date of entry into the Russian Federation, a foreigner must submit an application to the Ministry of Internal Affairs. With him, he needs to have an identity document, a document confirming knowledge of the Russian language, knowledge of the history of Russia and the basics of the legislation of the Russian Federation (certificate) and others the documents .

The amount of the fee for a patent depends on the period of its validity and the region in which the foreigner is going to work.

A patent is valid only in the subject of the Russian Federation where it was received. If a profession is indicated in it, a foreign citizen will not be able to work in this region in another specialty.

How to apply for temporary residents on the basis of a visa

The most difficult thing is to employ a temporarily staying foreigner on the basis of a visa. Before the conclusion of the contract, you will need to draw up a voluminous package of documents. If your firm really needs to hire such a foreigner, let's see what needs to be done.

Before you decide to conclude an agreement with a foreigner temporarily residing in Russia, prepare for him a permit to attract and use foreign workers. Without this permission, you are not entitled to employ foreign citizens temporarily staying in the Russian Federation on the basis of a visa.

The permit is issued at the department of the Ministry of Internal Affairs of Russia for 1 year, the processing time is 30 days. You will have to pay a state duty in the amount of 10,000 for each employee and submit a package of documents, the composition of which is listed in clause 45 of the Administrative Regulations.

After you receive permission to attract foreign workers, issue an invitation to the foreigner to enter Russia in order to obtain a visa and work permit. This is formalized by the migration service when submitting documents:

• petition in Russian;
• an identity document of the employer (inviting party);
• a copy of the passport or other identity document;
• 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;
• documents for obtaining a work permit. A package of such documents is submitted for each foreign worker at the same time as applying for an invitation to enter. The list of documents is listed in clause 27 of the Administrative Regulations . To obtain a permit, you must pay a state duty of 3,500 rubles.

The amount of the state duty for issuing an invitation to enter for a foreign citizen, regardless of the type of invitation, is 800 rubles.

You will receive an invitation and permission to engage a foreigner or a notice of refusal within 20 working days from the date of submission of the application.

As a general rule, a work visa is issued to an employee for a period of validity employment contract or a civil law contract, but not more than one year.

So, registration of a foreigner temporarily staying on the basis of a visa will take more than two months, you will have to spend at least 10 thousand rubles on state duty and visit the migration service several times.

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

Documents for registration of an employment contract

When applying for a job, foreign citizens must provide almost the same documents as Russian ones. To draw up an employment contract, request documents from the employee:

• passport or other identity document (temporary residence permit, residence permit, etc.);
• migration card, visa, work permit or patent (for temporarily staying foreigners);
• employment history, if not - issue 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.

All persons working in Russia, including foreign citizens, are required to obtain a TIN. But a foreigner can do this even after the conclusion of an employment contract. Therefore, there is no obligation to require a TIN certificate from a foreigner - its absence does not prevent you from performing the duties of a tax agent.

Documents of military registration of foreign citizens are not required. For the GPC agreement, the same documents are requested, except for the work book.

On the conclusion and termination of employment contracts and GPC agreements with foreign citizens, it is necessary notify the Interior Ministry no later than three working days from the date of conclusion or termination of the contract. Notification forms approved by order Ministry of Internal Affairs of the Russian Federation of 06/04/2019 N 363.

Taxes and contributions from the salary of a foreign employee

When all the formalities are completed, the documents are completed and the employee is accepted, you can calculate and pay him a salary. The procedure for imposing taxes and contributions also depends on the status of a foreigner.

In order to determine personal income tax amount, check whether the foreigner is a tax resident or non-resident of the Russian Federation. If for 12 consecutive months a foreigner has stayed in Russia for 183 days or more, then he is a tax resident. From his salary withhold personal income tax in the amount of 13%. If you stayed less than 183 days - 30%.

Feature - foreigners working in Russia on the basis of a patent pay personal income tax at a rate of 13%. The amount of the advance payment paid by the employee under the patent reduces the amount of personal income tax that the employer withholds from him in the current month. The employer needs to receive a notification from the IFTS about the right to reduce the employee's personal income tax by the amount of the advance that he has already paid on account of the future tax.

Another exception for citizens of the Republic of Belarus, Kazakhstan, Armenia and Kyrgyzstan - the personal income tax rate is always 13%.

Insurance premiums from payments to foreign employees are accrued in accordance with their status.

• Salary permanent residents and temporary residents foreigners are subject to contributions for pension, health and social insurance in general order at the rate of the organization.
• From payouts temporarily staying foreigners are calculated contributions only for pension insurance at the rate of the organization and for temporary disability at the rate of 1.8%. Health insurance premiums are not accrued or paid. The exception is citizens of Belarus, Kazakhstan, Armenia and Kyrgyzstan. Insurance premiums for them are deducted in the same way as for Russian employees at the general rates of the organization.

Will Elba help?

Elba knows how to work with foreign employees: calculate salaries, taxes, contributions and send reports to the tax office and funds online.

AT modern world global economy, many companies employ foreign citizens to solve their problems.

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 face 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 federal law“On the Legal Status of Foreign Citizens in the Russian Federation” dated July 25, 2002 No. 115-FZ (hereinafter - 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 working 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 business 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 business 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 business 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 working 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 business days		-	-	-
	in a visa-free manner			-	-	-
On violation by a foreign worker of the terms of an employment contract	based on a visa	3 business days		-	-	-
	in a visa-free manner			-	-	-
About early termination of the contract	based on a visa	Free form during 3 business 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 business 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 working 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 working 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 a foreign citizen in the Russian Federation, 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 benefits to them 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 are 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 were 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 - inhighly qualified specialist.
A highly qualified specialist is a foreign citizen who has work experience, skills or achievements in a particular 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 whom as a highly qualified specialist is posted on the official website of the FMS, 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 detected, 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 processing 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.

Hiring a foreigner causes many difficulties even for experienced professionals. In this matter, it is not enough to know the Labor Code of the Russian Federation, it is necessary to bring together the norms of several federal laws. Use the step-by-step instructions for applying for foreigners to work.

From the article you will learn:

Download related documents:

Features of hiring foreign citizens

Features of the regulation of the labor of foreigners are indicated in two documents:

• in Federal Law No. 115-FZ “On the Legal Status of Foreign Citizens in the Russian Federation”;
• in chapter 50.1. Labor Code of the Russian Federation.

At the same time, the features of employment depend on the status of a foreigner. Regardless of his status and legal status, the personnel officer should draw up an employment contract with a foreigner in accordance with the general rules of the Labor Code of the Russian Federation (Article 57 of the Labor Code of the Russian Federation).

Employment contract with a foreign employee

A foreign citizen may be in Russia in the status of:

• temporarily staying (received a migration card, but does not have a residence permit or temporary residence permit);
• temporarily resident (has a temporary residence permit);
• permanent resident (possesses a residence permit).

Table. Features of hiring foreign citizens

Features of employment	To whom does it apply	Rule of law
Can only work from the age of 18	All foreigners without exception	Article 327.1 of the Labor Code of the Russian Federation, Clause 4 of Article 13 of Law No. 115-FZ
You can not involve foreigners in certain types of activities	All foreigners without exception	Article 14 of Law No. 115-FZ, Decree of the Government of the Russian Federation of October 11, 2002 No. 755
It is impossible to hire a chief accountant or other official who is responsible for accounting	Temporarily staying	Clause 3 of Article 14 of Law No. 115-FZ

Download full spreadsheet

Article 2 of Law No. 115-FZ contains the following terms that you need to know:

• The concept of "foreign citizen" includes the concept of "stateless person".
• Labor activity is understood as the work of a foreigner not only under an employment contract, but also under a civil law contract.
• If the term “foreign worker” is used in the law, then it means a foreign citizen temporarily staying in the Russian Federation.

Step-by-step instructions: registration of employment of a foreigner

Employment of a foreign citizen: step-by-step instruction which will help you in your work. It is suitable for applying for employment of visa-free foreigners and those who needed to obtain a visa to enter the Russian Federation.

Step 1. Determine if a foreign citizen can work in your organization

Check if he has reached the age of 18, if there are any restrictions on filling the desired position, if the quota for receiving foreign citizens will not be violated.

Step 2. Determine the status of a foreign citizen

If he does not have a temporary residence permit and a residence permit, then he must have a patent (if he arrived in a visa-free regime) or a work permit (if a visa regime).

Even if a foreigner has presented a work permit, it cannot be accepted in the following cases:

The employer does not have permission to attract and use foreign workers;

Less than 3 months are left before the expiration of the work permit (clause 13, article 18 of Law No. 115-FZ).

Step 3. Determine the permitted type of activity and the region in which the foreigner can work

Check the type of activity indicated in the patent or work permit with the profession (or position) for which the foreigner is applying.

Look in which region a foreigner is allowed to work (where a patent, work permit or temporary residence permit is issued).

Step 4. Check that you have all the necessary documents

Documents when hiring a foreigner:

1. Identity document
2. Employment history
3. SNILS. It may not be, then the employer himself draws up this certificate. We do not require highly qualified specialists
4. Document on education, if the job requires special knowledge or special training
5. Certificate of no criminal record, if persons with a criminal record cannot be allowed to work
6. VHI policy (required only for temporary residents)
7. Work permit or patent (for temporary residents). A work permit can also be presented after the conclusion of the contract
8. Migration card and visa (for visa foreigners)
9. Temporary residence permit (for temporary residents)
10. Residence permit (for permanent residents).

Step 5. Draw up an employment contract and other personnel documents on hiring an employee

Features of the employment contract:

• you need to specify additional information about the document on the basis of which the employee is in the Russian Federation,
• it is necessary to include an additional condition on the grounds for providing the employee with medical care during the term of the employment contract.

Step 6. Notify the Migration Service of the conclusion of an agreement with a foreigner

To do this, you need to issue a special notice. Within three working days after the conclusion of the contract, the notification must be sent to the territorial subdivision of the Main Department of Internal Affairs (the new forms and procedure for notification were approved by order of the Ministry of Internal Affairs dated 04.06.2019 No. 363.).

Crib. How to notify the Ministry of Internal Affairs about the conclusion of an agreement with a foreigner

Note! From September 9, 2019, new rules for the admission and dismissal of foreigners are in force. The Ministry of Internal Affairs approved new forms of notifications that must be submitted to the migration service (Order of the Ministry of Internal Affairs dated 04.06.2019 No. 363).

An example of filling out a notice of the conclusion of an employment (civil law) contract with a foreigner

At the same time, it is necessary to provide such information to the Main Directorate for Migration of the Ministry of Internal Affairs about all foreign employees, regardless of their status, namely:

• visa and visa-free foreigners temporarily staying in Russia;
• foreigners temporarily or permanently residing in Russia;
• highly qualified specialists.

Such notifications must be sent to the territorial body of the Main Directorate for Migration of the Ministry of Internal Affairs, on the territory of which the foreign employee works, no later than three working days from the date when the employment or civil law contract was concluded or terminated with the foreigner.

Answers to questions about hiring foreign citizens

Question number 1.Tell me, when does an employer need to obtain a work permit for foreign citizens?

A permit to attract and use foreign workers must be obtained only if the employer plans to employ foreigners who:

• arrived in Russia in a visa regime;
• have the status of temporary residents;
• received a work permit.

Obtaining permission to attract foreigners is a troublesome business. First you need to contact the employment service with an application to search for the right specialists. If within a month the employment service does not select suitable candidates from among the Russians, the employer can apply to the GUVM for a quota. For this, an application is submitted on the need for foreign employees.

If the application of the organization is approved, the employer draws up documents for permission to receive foreign workers. The permit is issued for a period of only one year. It cannot be transferred to another organization, and foreign employees attracted on its basis cannot be transferred to work in another organization.

Question number 2.What is the difference between hiring Azerbaijani citizens and general rules receiving foreigners?

Citizens of Azerbaijan arrive in the Russian Federation in a visa-free regime. Therefore, a citizen of this country, if he has the status of a temporary resident, must obtain a patent for work. If an Azerbaijani citizen has a temporary residence permit or a residence permit, then a patent is not required. The employer does not need to issue a permit to attract foreign workers. The recruitment procedure is carried out according to the general rules.

But it should be noted that if an organization invited an Azerbaijani citizen to work (issued an invitation to enter), then it becomes the host for such an employee. And after his entry into Russia, he is obliged to put the foreigner on the migration register.

Question number 3.What is the peculiarity of hiring a non-resident?

The status of "non-resident" does not give rise to any additional features when hiring foreign citizens. Any employer in Russia is obliged to withhold personal income tax from payments to its employees, including foreign ones. But the rate of this tax depends on the tax status of the employee. Article 224 of the Tax Code of the Russian Federation establishes the following personal income tax rates:

• 13% for residents;
• 30% for non-residents.

That is, the peculiarity is only in correctly determining the tax status of a foreign worker.

To draw up an employment contract with a foreigner, consider the peculiarities of the status of the employee's stay in the territory of the Russian Federation. Include all required information and conditions in the contract. In addition, indicate on what basis the foreigner is in Russia and indicate the details of the VHI policy.

Employment of citizens of other states is regulated by Federal Law No. 115 of July 25, 2002. It is worth noting that this document has raised a large number of questions since its adoption, has been repeatedly changed and supplemented. In addition to Federal Law No. 115, the Labor Code of the Russian Federation also protects the rights of foreign workers, along with Russian citizens.

The process of labor relations with foreign citizens is under increased control of state structures, and compliance with the legislation in this area comes to the fore for the employer. Otherwise, the company risks receiving not economic benefits, but a number of unpleasant consequences. The most common risks of the employer, errors in the registration of labor relations with citizens of other states are discussed in this article.

Pitfalls and features of labor relations with foreign citizens

Foreign citizens as workers are divided into categories depending on their status. In each case, there are positive aspects, as well as risks for the employer.

Foreign citizens permanently residing in our country with a residence permit

The document is issued every 5 years and can be renewed. Their recruitment does not differ from a similar procedure for a Russian worker.

The risks here are minimal, but they are:

• the residence permit of the foreign worker has expired;
• the employer ignored the requirement of Art. 13-8 of Federal Law No. 115 and did not inform the migration control authorities about the conclusion of an employment contract with a foreigner within 3 days.

Foreign citizens temporarily residing in our country on the basis of an appropriate permit

Its maximum term is 3 years. The recruitment procedure is the same as in the first case. The employee is obliged to confirm his/her permit at the migration service every year. The employer, as the party responsible for compliance with the law, is obliged to control this process, since he is primarily responsible before the law for each violation.

Foreigners who do not have a visa, working on the basis of a patent issued to them

Before hiring such employees, a Russian employer applies to the employment service and receives a quota, i.e. a document indicating how many foreign citizens his company can have in the state. It makes sense to apply for quotas already at the beginning of the year, otherwise there is a high probability of refusal.

The decision of the quota commission depends on many factors:

• the industry in which the firm operates;
• its magnitude, etc.

On a note! Quotas for foreign labor force are established at the state level. Limits are updated annually (in 2018, quotas are applied in accordance with Government Decree No. 1467 of 12/4/2017).

A patent is issued to a foreigner when applying to the migration service. The full package of documents required for patenting is specified in Art. 13.3 Federal Law No. 115.

Particular attention is paid by the service to the issue of the legality of the stay of the specified person on the territory of the Russian Federation. It is possible that an employee is expected at the workplace while he solves problems with the migration service.

A patent is issued for a period of one month to one year. If the employee did not apply in advance to renew the document (at least 10 days before the expiration date), and the patent is expired, the organization is obliged to terminate the employment contract with him. The company's management needs to keep track of these deadlines, which means additional labor costs and a constant risk of violating migration laws.

On a note. The patent is renewed only on the basis of the employer's application.

Foreigners obtaining a work visa

If in the previous case the main expenses in the process of employment are borne by the foreign citizen himself, here the employer will have to fork out. The costs are very significant, so for each employee involved in the work, a state duty of 10 thousand rubles is paid. An invitation-permit to work for a foreigner is also issued by a company from its own budget (the full list and amount of state duties are contained in Article 333.28 of the Tax Code of the Russian Federation).

To get a foreign citizen in the state, the employer:

• writes an application to the employment service for a quota;
• writes to the migration service in order to obtain permission to attract foreign employees;
• pays a state duty for each of them;
• applies to the migration service with a request to issue an invitation to the future employee;
• receives an invitation within 3 weeks and pays the state duty for it;
• applies for a work permit for a future employee with a full package of documents (copy of passport, photo, application, etc.);
• pays the state duty;
• within a period of not more than 3 days, notifies the officials of the migration service that the employee has arrived;
• draws up an employment relationship with him by contract.

As can be seen from the above, the process is very difficult and lengthy, and it is impossible to give a full guarantee that labor relations will suit both parties.

On a note! Citizens of the EAEU countries (Kyrgyzstan, Kazakhstan, Belarus, Armenia) are hired without additional registration.

Special status of citizens of the LNR and DNR

According to Presidential Decree No. 74 of February 18, 17, such persons have the status of refugees. Their passports are recognized on the territory of the Russian Federation without the need to obtain a visa. They are hired according to the norms of Art. 13.3 of Federal Law No. 115, i.e. on the basis of a migration card. However, it should be borne in mind that the decree is valid until the end of the period of instability on the territory of these republics. After the expiration of the document, the legal status of such employees will be uncertain. The employer will have to solve the problem one way or another.

Highly qualified specialists

In addition to foreign workers who do not have high qualifications, specialists with special labor skills, achievements, skills, and experience come to Russia. The rights of such workers are protected by Art. 13.2 Federal Law No. 115. The main thing that the employer should remember is the established limits, below which one or another foreign specialist cannot be paid, otherwise it will be considered a violation.

In general, depending on the category wage is set from 57,500 to 167,000 rubles. The work of specialists working under special state programs is paid even higher.

It is advisable to invite a highly qualified specialist from abroad only to conduct a thorough economic analysis of the costs and likely benefits of cooperation.

Administrative responsibility and control

Labor relations with foreigners are subject to strict administrative control. First of all, you should wait for the checks of the migration service. Based on the results of such events, an act is drawn up, one copy of which is handed over to the representative of the company.

Fines for violations are very large. So, according to Art. 18.15 of the Code of Administrative Offenses for engaging in work without a patent and other permits, a fine may be imposed:

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

Similar violations of immigration laws are punished with the same severity. In some cases, the fine may increase to 1 million rubles. In addition, the activities of the company based on the results of the audit can be suspended for a period of 14 to 90 days. Judicial practice in most cases is not in favor of the employer.

The main thing

1. The migration legislation of the Russian Federation provides for various procedures for concluding labor contracts with foreigners, depending on the category of the latter. The provisions of Federal Law No. 115 and other legislative acts of the Russian Federation strictly regulate the hiring of foreigners by Russian companies.
2. The desire to hire such an employee can result in a number of risks: loss of time, money, increased administrative control by the Federal Migration Service, and large fines for detected violations.
3. The decision to conclude an employment contract with a foreign employee should be taken after a thorough financial analysis of the cost of the transaction and its predicted benefits. To a greater extent, this applies to highly qualified specialists from abroad.