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 does not apply (Decision of the Supreme Council of the Community of Belarus and Russia of 06.22.1996 N 4).

Article 13. Labor activity of foreign citizens in the Russian Federation

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

2. An employer in accordance with this Federal Law is an individual or legal entity that has received, in accordance with the established procedure, a permit 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 labor 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 work (services) in accordance with this Federal Law is an individual or legal entity that has received, in accordance with the established procedure, permission to attract and use foreign workers (except for the cases provided for in this article) and uses the labor of foreign workers on the basis of civil - legal contracts for the performance of work (provision of services). A foreign citizen registered as an individual entrepreneur can 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 carry out labor activities if he has reached the age of eighteen years, if he has a work permit or patent. This procedure 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 for Assisting the Voluntary Resettlement to the Russian Federation of compatriots living abroad, and members of their families moving 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 (installation supervision) work, service and warranty maintenance, as well as post-warranty repairs of technical equipment supplied to the Russian Federation;

5) who are journalists accredited in the Russian Federation;

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

(as amended by Federal Law of 02.07.2013 N 185-FZ)

(see text in previous edition)

7) students in the Russian Federation in professional educational organizations and educational institutions of higher education and working in their free time in these educational organizations, in business entities or in economic partnerships created by budgetary or autonomous educational institutions of higher education in which they study;

(Clause 7 as amended by Federal Law dated 02.07.2013 N 185-FZ)

(see text in previous edition)

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

(Clause 8 as amended by Federal Law dated 02.07.2013 N 185-FZ)

(see text in previous edition)

8.1) those invited to the Russian Federation for a business or humanitarian purpose or for the purpose of carrying out labor activities and who are also involved in research and (or) pedagogical activities under state accredited educational programs of higher education in scientific organizations and educational institutions of higher education, for excluding 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 (organize and conduct, on the basis of civil law contracts, on a reimbursable and (or) gratuitous basis, events during which a foreign citizen who is a creative worker performs a public performance of works literature, art or folk art) or for the implementation of creative, educational, research and (or) pedagogical activities at the invitation and in the interests of state institutions of culture and art;

(see text in previous edition)

8.3) those 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 for the implementation of scientific or cultural ties and contacts and are also involved in addition to this by state institutions of culture and art to carry out the activities specified in subparagraph 8.2 of this paragraph, within 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 deprive them 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 constituent entity of the Russian Federation, on the territory of which 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 a customer of work (services) is not entitled to involve a foreign citizen in labor activities outside the boundaries of the constituent entity of the Russian Federation, on the territory of which this foreign citizen was issued a work permit or patent, as well as by profession (specialty, position, type of labor activity) not specified in a work permit (except for the cases provided for by this Federal Law and other federal laws).

(see text in previous edition)

4.3. The specifics of the implementation of labor activities by foreign citizens on the territory of the Russian Federation in connection with the organization and holding of the XXII Olympic Winter Games and 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 XI Paralympic Winter Games of 2014 in the city of Sochi, the development of the city of Sochi as a mountain climatic resort and amendments to certain legislative acts of the Russian Federation. "

4.4. The specifics of the implementation of labor activities 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 participating in the Asia-Pacific Economic Cooperation forum in 2012 in the city of Vladivostok are determined by the Federal Law "On organizing the meeting of the heads of state and government of the 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 work (services) have the right to attract and use foreign workers without permission to attract and use foreign workers in the event that foreign citizens:

1) arrived in the Russian Federation in a manner that does not require a visa;

2) are highly qualified specialists and are involved in labor activities in the Russian Federation in accordance with Article 13.2

3) are family members of a highly qualified specialist engaged in labor activities 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 educational organization of higher education according to the main professional educational program that has state accreditation;

5) are involved in labor activities 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 has arrived in the Russian Federation in a manner not requiring a visa, upon issuing him a work permit or a patent, is subject to photographing 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 activities 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. 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 the field of internal affairs.

(see text in previous edition)

4.8. The specifics of foreign citizens' labor activity 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 of labor activities by foreign citizens 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 of the 2018 FIFA World Cup in the Russian Federation, the 2017 FIFA Confederations Cup, the 2020 UEFA European Football Championship and the introduction of amendments to certain legislative acts of the Russian Federation "are established by the specified Federal Law.

(see text in previous edition)

4.9-1. The specifics of the implementation of labor activities by foreign citizens in the territories of advanced social and 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 labor activity with training 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 amending the Federal Law" On the Legal Status of Foreign Citizens in the Russian Federation ".

(see text in previous edition)

4.12. The specifics of foreign citizens' labor activity on the territory of an 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. The specifics of foreign citizens' 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 amendments to certain legislative acts of the Russian Federation".

5. A foreign citizen temporarily residing in the Russian Federation shall not be entitled to carry out labor activities outside the boundaries of the constituent entity of the Russian Federation, in the territory of which he is permitted temporary residence.

6.Taking into account the specifics of regional economic relations, the federal executive body authorized by the Government of the Russian Federation may establish cases of employment:

(as amended by Federal Law of 23.07.2008 N 160-FZ)

(see text in previous edition)

1) by a foreign citizen temporarily staying in the Russian Federation - outside the boundaries of the constituent entity 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 prescribed by Article 13.4 of this Federal Law - outside the constituent entity of the Russian Federation Federation, in the territory of which this foreign citizen is studying;

(see text in previous edition)

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

7. After accepting for consideration the documents for issuing a work permit or patent to 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 to a foreign citizen, sends information about the registration of this foreign citizen at the place of migration stay with the tax authority at the place of their location. The tax authority, no later than the day following the day of registration of a foreign citizen, sends to the federal executive body in the field of internal affairs or its territorial body information about the registration of a foreign citizen with a 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 in another way in electronic form, provided that the requirements established by the legislation of the Russian Federation in the field of personal data are met.

(see text in previous edition)

of this paragraph, the notice may be sent by the employer or the customer of work (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)

Territorial bodies of the federal executive body in the field of internal affairs exchange information with the executive bodies in charge of employment issues in the relevant constituent entity of the Russian Federation and tax authorities on the involvement of employers and customers of work (services) of foreign citizens to carry out labor activities. 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 in another way in electronic form, provided that the requirements established by the legislation of the Russian Federation in the field of personal data are met.

(see text in previous edition)

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

11. Unless otherwise established by this Federal Law, if the last name, first name or patronymic (the latter - if any) of a foreign citizen or details of his identity document on the territory of the Russian Federation and is recognized by the Russian Federation in this quality, a given 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 any) or the details of his document proving the identity of a foreign citizen outside the Russian Federation) or from the day of the change his last name, first name or patronymic (the last one - if any) or the details of his document proving the identity of a foreign citizen (when changing his last name, first name or patronymic (the last one - if any) or the details of his document proving the identity 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, which issued the work permit, to make the appropriate changes to the information contained in such a permit.

(see text in previous edition)

Legal registration of foreigners is a headache, and many are looking for easier ways, up to hiring illegal immigrants. This is unsafe for business, and the company can face heavy fines. Anyone can report to the inspectors that an unregistered foreigner is working for you: from the tax office to an annoyed buyer. And the migration service itself often arranges checks to identify illegal foreign citizens.

Migration registration and foreigner status

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 sends a copy of the migration card to the receiving party in Russia.

You notify the Ministry of Internal Affairs of the arrival of a foreigner only if you are the host, for example, if you provide the future employee with accommodation. 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 your job.

How to issue 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 a permit to attract foreign workers.

When applying for a job permanently residentrequest a foreigner residenceand 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 residentforeigner apply for 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.

Employees from Belarus in terms of their labor status are equated to the citizens of our country and upon employment they 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 LLC. Forms will be filled in automatically, salary and tax payments will be generated too.

How to apply for temporarily staying 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 have been employed on the basis of a patent since 2015. Until 2015, work permits were issued for employment. They remain valid until they expire.

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

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

The patent is valid only in the subject of the Russian Federation where it was obtained. 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 temporarily staying on the basis of a visa

The most difficult thing is to find a job for a temporary staying foreigner on the basis of a visa. Before concluding a contract, you will need to draw up a voluminous package of documents. If your firm desperately 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 staying in Russia, prepare a permit for him 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:

• application in Russian;
• the identity document of the employer (inviting party);
• a copy of your 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 the application 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 fee of 3,500 rubles.

The size 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 attract 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 the duration of the employment contract or civil law contract, but for no more than one year.

So, the 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 the state duty and visit the migration service several times.

After completing these formalities, you can conclude contracts with foreign citizens and arrange them for work.

Documents for registration of an employment contract

When applying for a job, foreign citizens must provide practically 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 and others);
• migration card, visa, work permit or patent (for temporarily staying foreigners);
• work book, 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;
• 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 entered into an agreement with a medical organization on the provision of paid medical services to a foreign worker;
• a document on education, qualifications or 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 fulfilling the duties of a tax agent.

Foreign citizens are not required to have military registration documents. For the GPC agreement, the same documents are requested, except for the work book.

On the conclusion and termination of employment contracts and contracts of GPC with foreign citizens it is necessary notify the Ministry of Internal Affairsno 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 04.06.2019 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 his salary. The procedure for taxing payments with taxes and contributions also depends on the status of a foreigner.

In order to determine personal income tax, check if the foreigner is a tax resident or non-resident of the Russian Federation. If a foreigner has been in Russia for 183 days or more for 12 consecutive months, then he is a tax resident. Withhold personal income tax from his salary 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 Federal Tax Service Inspectorate of the right to reduce the employee's personal income tax by the amount of the advance that he has already paid for future tax.

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

Insurance premiumspayments to foreign employees are charged in accordance with their status.

• The salary permanent residents and temporary residents foreigners are subject to contributions to pension, medical and social insurance in accordance with the general procedure at the rate of the organization.
• With payments 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 charged 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.

In the modern world of the global economy, many companies hire foreign citizens to solve their problems.

When hiring a foreign citizen, companies face various problems: obtaining permits to attract foreign workers, and notifying regulatory authorities. In this article, we have tried to show all the "pitfalls" that an organization can 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 the Federal Law "On the Legal Status of Foreign Citizens in the Russian Federation" dated 25.07.2002 No. 115-FZ (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.

A 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 procedure that does not require a visa, and received migration card but does not have a residence permit or temporary residence permit.
The period of temporary stay of a foreign citizen in the Russian Federation is determined by the period of validity 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 obtaining a visa, who has entered into an employment contract or a civil law contract and has received work permit , is extended for the term of the concluded agreement, but not more than one year, calculated from the date of entry of a foreign citizen into the Russian Federation. Such a limitation of the period of temporary stay does not apply to foreign citizens involved in labor activities as highly qualified specialists , as well as for foreign citizens exercising work activity 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 (a full list of countries with a description of the entry regime can be found on the website of the Russian Ministry of Foreign Affairs - www.mid.ru).

1.2. Temporarily residing 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 certifying 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 does not have the right to voluntarily change his place of residence within the constituent entity of the Russian Federation, in whose territory he is allowed temporary residence, or to choose his place of residence outside the specified constituent entity of the Russian Federation.

1.3. Permanently residing foreign citizens
Permanently residing in the Russian Federation is considered a foreign citizen who has received residence,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 required.

II Attracting foreign citizens to work.

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

Foreign employee status		Permit to attract foreign labor	Foreigner's work permit
Temporarily abiding	Based on a visa	necessary
	Visa-free		necessary
Temporary resident	Based on a visa		necessary
	Visa-free		necessary
Permanent resident
Highly qualified specialist			necessary

2.2. Notice of employment relationship with a foreign citizen.

Engaging in work permanent residents in the Russian Federation, foreign citizens are produced on an equal basis with citizens of the Russian Federation. It is not required to notify the regulatory authorities about the acceptance of such an employee, about his dismissal.

The employer is obliged to send to the regulatory authorities notifications of labor relations with foreign citizens from among temporarily staying and temporary residents in the RF.
The main documents establishing the procedure for notifying the 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);
- Resolution 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 referred to as Resolution No. 9);
- Decree of the Government of the Russian Federation "On the procedure for issuing permits for foreign citizens to carry out temporary work in the Russian Federation" dated November 15, 2006 No. 681 (hereinafter - Resolution No. 681);
- Federal Law "On the Legal Status of Foreign Citizens in the Russian Federation" dated 25.07.2002 No. 115-FZ (hereinafter - Law No. 115-FZ).

Below are the cases when it is necessary to notify controllers:

Basis of notification	Foreigner status		Employment authority		IFTS	Labour Inspectorate
On the conclusion of employment contracts or civil law contracts with foreign workers	on the basis of 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 during months		10 working days	According to the form approved by the Order of the Ministry of Health and Social Development of Russia dated 30.10.2008 No. 610n during months
	visa-free	According to the form approved by the Decree of the Government of the Russian Federation of March 18, 2008 No. 183 during 3 working days from the date of the contract				-
Termination of employment contracts or civil law contracts	on the basis of a visa	-			-	-
	visa-free	3 working days			-	-
On granting unpaid leave for more than 1 calendar month during the year	on the basis of a visa	-			-	-
	visa-free	In free form (the required form has not been established so far) within 3 working days			-	-
Submission of an application for the issue of an invitation to a foreigner to enter	on the basis of a visa	-		-	According to the form approved by the Letter of the Federal Tax Service of Russia dated 24.08.2007 No. GI-6-04 / [email protected] during 10 working days	-
	visa-free	-		-		-
Arrival of a foreign citizen at the place of work or at the place of stay	on the basis of a visa	-		-		-
	visa-free	-		-		-
Obtaining a work permit by a foreign citizen	on the basis of a visa	-		-		-
	visa-free	-		-		-
Departure from the place of temporary stay (in the case when the employer was the host)	on the basis of a visa	Sending the detachable part of the arrival notification form indicating the date of departure within 2 days		-	-	-
	visa-free			-	-	-
About the place of temporary residence of a foreign worker (in the case when the employer is the host)	on the basis of a visa	According to the form approved by the Decree of the Government of the Russian Federation of January 15, 2007 No. 9 during 3 working days		-	-	-
	visa-free			-	-	-
Violation of the terms of the employment contract by a foreign worker	on the basis of a visa	3 working days		-	-	-
	visa-free			-	-	-
On early termination of the contract	on the basis of a visa	Free form within 3 working days		-	-	-
	visa-free			-	-	-
On unauthorized leaving of the place of work or place of stay	on the basis of a visa	Free form within 3 working days		-	-	-
	visa-free			-	-	-
Suspension of validity or cancellation of a permit to attract and use foreign workers	on the basis of a visa	-		-	According to the form approved by the Letter of the Federal Tax Service of Russia dated 24.08.2007 No. GI-6-04 / [email protected] during 10 working days	-
	visa-free	-		-		-
Cancellation of a work permit for a foreign worker	on the basis of a visa	-		-	According to the form approved by the Letter of the Federal Tax Service of Russia dated 24.08.2007 No. GI-6-04 / [email protected] during 10 working days	-
	visa-free	-		-		-

In addition, it is necessary to notify the FSB authorities of the Russian Federation (clause 8 of article 18 of the Law No. 115-FZ, clause 17 of the Decree of the Government of the Russian Federation of 15.11.2006 No. 681 ).

2.3. Pension and medical insurance for foreign citizens.
By virtue of Art. 7 of the Federal Law "On Compulsory Pension Insurance in the Russian Federation" dated 15.12.2001 No. 167-FZ if the employer hires temporarily or permanently 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 must 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 maternity for foreign citizens, temporarily staying in the Russian Federation are not paid, the employer does not have the right 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 issue compulsory health insurance policies, since the employer is not an insured 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. Employment by temporarily staying and temporarily residing foreigners

It is 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 limits of the constituent entity of the Russian Federation, on the territory of which temporary residence is permitted.
There are exceptions when foreign citizens have the right to work outside the constituent entity of the Russian Federation, in 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 (residing) in the Russian Federation, outside the constituent entity of the Russian Federation, in whose territory they were issued a work permit (temporary residence is allowed)" dated 17.02. 2007 No. 97 (hereinafter - Resolution No. 97).

There are two exceptions:

Direction on a business trip;
- if the employee's permanent work is carried out on the way or is of a traveling nature. Lists of professions and work, the performance of which is carried out on the road or is of a traveling nature in relation to the Decree of the Government of the Russian Federation No. 97, approved by the Order of the Ministry of Health and Social Development of Russia dated 17.09.2007 No. 607.

At the same time, there are restrictions on the period of stay of a foreigner outside the boundaries of 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 activity foreign 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 specific field of activity, if the conditions for attracting him to work in the Russian Federation imply that he will receive a salary (remuneration) in the amount of two and more million rubles for the periodnot exceeding one year. The employer independently assesses the competence and qualifications 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 the issuance of a work permit to a highly qualified specialist, as well as for issuing an invitation to him to enter the Russian Federation.
The quota for the issuance of invitations to foreign citizens to enter the Russian Federation in order to carry out labor activities and the quota for the issuance of work permits to foreign citizens do not apply to highly qualified specialists.

A work permit for a highly qualified specialist is issued for the period of validity of an employment contract or a civil law contract for the performance of work (provision of services), but no more than three years. The specified period of validity of a work permit may be repeatedly extended for the duration of the employment contract or civil law contract, but for no more than three years for each such extension. In the event that, in accordance with an employment contract or a civil law contract, a highly qualified specialist is expected to perform 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 of a highly qualified specialist is carried out at a rate of 13% from the beginning of employment.

Employers and customers of work (services) under civil law contracts are obliged quarterly notify the FMS 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 of a work permit by a highly qualified specialist, his employer must submit to the FMS 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 / she has a written proposal to enter the Russian Federation for conducting appropriate negotiations, sent to such a foreign citizen by the employer.

2.5. The organization's responsibility for violations of the law, regulating the procedure for attracting foreign citizens to work.

If violations of federal legislation governing the procedure for attracting foreign citizens to work are detected, the organization may be brought to administrative responsibility provided for by the Code of Administrative Offenses of the Russian Federation:

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

In the case of illegal employment in the Russian Federation of two or more foreign citizens and (or) stateless persons, the administrative responsibility established by Art. 18.15 of the Administrative Code, comes for violation of the rules for attracting foreign citizens and stateless persons (including foreign workers) to labor activity in the Russian Federation in relation to each a foreign citizen or stateless person individually. In this case, the organization can be held liable within one year from the date of the violation (Article 4.5 of the Administrative Code).

Conclusion.

As we can see, there are many 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 necessary for them to work in the territory of the Russian Federation, usually turn to specialized firms that process such documents for a fee. Often, such companies neglect legal methods of obtaining documents required for foreigners to work in the Russian Federation. As a result, a foreign worker may end up with a fake or invalid work permit. 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 e-mail address to which you will receive a response to the request.

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

• Registration of permits for attracting and using foreign labor and work permits.
• Notification of state bodies about 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.
• Migration registration and deregistration.

Hiring a foreigner causes many difficulties even for experienced specialists. 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 step-by-step instructions for applying for foreigners to work.

From the article you will learn:

Download related documents:

Features of hiring foreign citizens

The specifics of labor regulation 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.

Moreover, the specifics of hiring depend on the status of a foreigner. Regardless of its 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 can be in Russia in the status:

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

Table. Features of hiring foreign citizens

Features of employment	Who is it covered	Rule of law
Can only work from 18 years old	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 cannot involve foreigners in certain activities	All foreigners without exception	Article 14 of Law No. 115-FZ, Resolution of the Government of the Russian Federation of 11.10.2002 No. 755
You cannot be hired for the position of a chief accountant or other official who is entrusted with the maintenance of 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, it means a foreign citizen temporarily staying in the Russian Federation.

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

Hiring a foreign citizen: step by step instructions that will help you in your work. It is suitable for applying for the 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 for filling the desired position, if the quota for admitting 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 necessarily 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 until the expiry of the work permit (clause 13 of 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 applies.

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

Step 4. Check that you have all the required documents

Documents for hiring a foreigner:

1. Identity document
2. Employment history
3. SNILS. It may not exist, then the employer draws up this certificate himself. We do not require highly qualified specialists
4. Education document 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 temporarily staying)
7. Work permit or patent (for temporary residents). A work permit can be presented even 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. Execute an employment contract and other personnel documents on the hiring of an employee

Features of the employment contract:

• you need to provide 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 basis for the provision of medical care to the employee during the term of the employment contract.

Step 6. Notify the migration service about the conclusion of an agreement with a foreigner

To do this, you need to issue a special notification. Within three working days after the conclusion of the contract, the notification must be sent to the territorial division of the GUFM (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, there are new rules for the admission and dismissal of foreigners. The Ministry of Internal Affairs approved new forms of notification that must be submitted to the migration service (Ministry of Internal Affairs order dated 04.06.2019 No. 363).

An example of filling out a notice on the conclusion of an employment (civil) 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, in the territory of which the foreign employee works, no later than three working days from the date when the labor or civil contract with the foreigner was concluded or terminated.

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 on a visa basis;
• have the status of temporarily staying;
• received a work permit.

Obtaining permission to attract foreigners is troublesome. First, you need to contact the employment service with an application to find the necessary specialists. If within a month the employment service does not select suitable candidates from among the Russians, the employer can apply to the Main Directorate of the Ministry of Internal Affairs for a quota. For this, an application for the need for foreign employees is submitted.

If the organization's application is approved, the employer prepares documents for a permit to accept 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.How does the hiring of Azerbaijani citizens differ from the general rules for the admission of foreigners?

Azerbaijani citizens 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 his work. If a citizen of Azerbaijan has a temporary residence permit or a residence permit, then there is no need to obtain a patent. The employer does not need to issue a permit to hire foreign workers. Applying for a job follows the general rules.

But it should be noted that if an organization invited a citizen of Azerbaijan 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 "non-resident" status 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 only feature is to correctly determine the tax status of a foreign worker.

To draw up an employment contract with a foreigner, take into account the specifics of the employee's residence status in the Russian Federation. Include all mandatory information and conditions in the contract. Additionally, indicate on what basis the foreigner is in Russia and indicate the details of the VHI policy.

The recruitment of citizens of other states is regulated by the Federal Law No. 115 dated 25-07-02. It is worth noting that this document, from the moment of its adoption, has caused a large number of questions, has been repeatedly changed and supplemented. In addition to Federal Law No. 115, the rights of foreign workers are also protected by the Labor Code of the Russian Federation, along with Russian citizens.

The process of labor relations with foreign citizens is under increased control of state structures, and compliance with 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, mistakes in the registration of labor relations with citizens of other states are considered in this article.

"Pitfalls" and peculiarities of labor relations with foreign citizens

Foreign nationals as workers are categorized according to 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 employee.

The risks are minimal, but they are:

• the foreign worker's residence permit is expired;
• the employer ignored the requirement of Art. 13-8 of the 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 permit with the migration service every year. The employer, as the party responsible for compliance with the law, is obliged to control this process, since it is primarily responsible before the law for every 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 contacts the employment service and receives a quota, i.e. a document indicating how many foreign citizens his firm can have in the state. It makes sense to apply for quotas 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! The quota for foreign labor is established at the state level. The limits are updated annually (in 2018, quotas are applied in accordance with the decree of the Government. No. 1467 of 4.12.17).

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

The service pays special attention to the issue of the legality of the stay of the specified person on the territory of the Russian Federation. It is not excluded that an employee is expected at the workplace while he is solving problems with the migration service.

The patent is issued for a period of one month to a year. If the employee has not applied in advance to renew the document (at least 10 days before the expiration date), and the patent has 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 immigration 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 employment process are borne by the foreign citizen himself, the employer will have to fork out here. The costs are very significant, as for each employee involved in the work, a state duty of 10 thousand rubles is paid. An invitation-work permit for a foreigner is also drawn up by a company from its budget (the full list and the amount of state duties are contained in Art. 333.28 of the Tax Code of the Russian Federation).

To get a foreign citizen into 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 state duty for each of them;
• applies to the migration service with a request to issue an invitation to the future employee;
• within 3 weeks receives an invitation and pays the state fee for it;
• applies for a work permit for a future employee with a full package of documents (copy of passport, photo, application, etc.);
• pays state duty;
• within a period of no more than 3 days notifies the officials of the migration service that the employee has arrived;
• formalizes labor relations with him by an agreement.

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 LPR and DPR

According to Presidential Decree No. 74 of 18-02-17, such persons have refugee status. 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 ФЗ №115, i.e. based on 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. Upon completion of the document, the legal status of such workers 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 ФЗ №115. The main thing that an employer should remember is the established limits, below which it is impossible to pay for certain foreign specialists, otherwise it will be considered a violation.

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

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

Administrative responsibility and control

Labor relations with foreigners are subject to strict administrative controls. First of all, you should wait for checks by 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.

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

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

Similar violations of migration legislation are punished equally severely. In some cases, the fine may increase up to 1 million rubles. In addition, according to the results of the audit, the activities of the company may be suspended for a period of 14 to 90 days. In most cases, court practice 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 the Federal Law No. 115 and other legislative acts of the Russian Federation very 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, finances, increased administrative control by the Federal Migration Service, large fines for identified violations.
3. It is advisable to make the decision to conclude an employment contract with a foreign employee after a thorough financial analysis of the expenditure side of the transaction and its projected benefits. To a greater extent, this applies to highly qualified specialists from abroad.