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 carrying out 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 an identity document.
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 the territory of which 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 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 employment of such an employee, about his dismissal.

The employer is obliged to send to the supervisory 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);
- 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 - 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 15.11.2006 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 October 30, 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 (no required form has 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			-	-	-
On violation by a foreign worker of the terms of an employment contract	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 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 is not entitled to pay them benefits at the expense of the FSS of the Russian Federation, even if such an employee brings sick leave. Thus, on temporarily staying in the Russian Federation foreign citizens do not need to 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 boundaries 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 carry out labor activities outside the boundaries of 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 evaluates the competence and level of 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 issuing a work permit to a highly qualified specialist, as well as for issuing him an invitation 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 not 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 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 of a highly qualified specialist is made 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 labor 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 revealed, the organization can 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 prepare 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 false 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 email 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.

When hiring foreign citizens for work, a company and individual entrepreneur are required to comply with a number of formalities that will avoid violations of migration legislation. Otherwise, the organization could face an impressive fine. The article contains the procedure for admission and its documentary registration.

It is not prohibited to accept foreign citizens to work under employment contracts. Moreover, depending on the citizenship of a foreigner, he may be in demand in the same way as a Russian. For example, the citizens of the member states of the Eurasian Economic Union have enough documents for employment practically the same as for the Russians.

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

The procedure for hiring foreign citizens

The rules for hiring foreign citizens vary depending on the legal status of the visitor. In accordance with Art. 2 of the Federal Law of 25.07.2002 No. 115-FZ, the following categories of citizens of other states may be in Russia:

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

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

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

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

• citizens of the countries participating in the Eurasian Economic Union. There is a special employment procedure for them in Russia. They can confirm their citizenship later.
• Highly qualified specialists. They come to Russia at the invitation of the employer and, as a rule, have a high salary.

Table 1... Permits for foreign workers

Hiring a foreign citizen: step by step instructions

After the status and citizenship have been determined, the hiring of foreign citizens according to the Labor Code of the Russian Federation is accompanied by the following actions:

Step 1. Register with the GUFM of the Ministry of Internal Affairs as an employer that attracts foreign employees

To do this, the territorial department of the department must provide a complete package of documents for registration.

Step 2. Make sure that the foreigner has all the documents necessary to stay in the Russian Federation

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

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

Migrants from visa-free countries for registration require:

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

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

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

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

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

• petition for attraction;
• a written commitment to pay the costs of possible expulsion;
• color photograph;
• a receipt for payment of the state duty in the amount of 3,500 rubles (paid upon receipt of a work permit);
• vHI policy or health insurance contract.

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

Permanently residing foreigners are processed according to the same rules as citizens of Russia.

Step 3. Register the employee on the staff

This requires:

• obtain the consent of the migrant to the processing of personal data in writing;
• conclude an employment contract;
• familiarize a foreigner with local regulations against signature;
• issue an order for admission to the staff (with an employee's order, they are introduced against signature);
• provide instruction on labor protection;
• make a record of employment in the work book,
• issue a personal employee card in the T-2 form.

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

Fill out and download the notification ⟶

Step 5. Calculate and pay taxes and insurance contributions to the budget from the migrant's salary.

The procedure for dismissing a foreigner

To terminate an employment relationship, you must perform the following steps:

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

Attracting highly qualified foreign specialists

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

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

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

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

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

For registration of videoconferencing in the state:

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

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

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

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

Attracting foreign labor without recruiting

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

Advantages of attracting the services of an outstaffing agency:

• attracting a foreign worker is carried out as quickly as possible;
• there is no need to register as an employer using the labor of foreign citizens;
• no need to collect a package of documents;
• there are no risks associated with fines;
• no need to be held responsible for compliance with immigration laws.

Risks of hiring a foreign citizen

Organizations employing foreign labor often attract migrants in order to save money. But it is worth assessing the existing risks. The level of fines associated with incorrect registration of foreigners and violation of immigration laws is such that the expected financial gain may turn into losses.

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

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

For violations of the migration legislation, the activities of the company can be suspended for a period of 14 to 90 days.

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

1. Risks when applying for a state. The employment of foreigners in comparison with the citizens of the Russian Federation is a more laborious and lengthy process. At the same time, employees of the personnel department must have special knowledge in the field of migration legislation.
2. Errors when checking migrants' documents. A migration audit should be carried out as carefully as possible. Otherwise, the lack of just one mandatory document may become the basis for bringing the employer to justice for hiring illegal labor.
3. Violation of the deadlines for processing and submitting documents to government agencies.
4. Risks associated with maintaining personnel records of foreigners. Errors in migration and tax accounting are possible, which can result in impressive fines.
5. Failure to comply with patent payment requirements. The foreign employee must renew the patent on his own every month. If he does not make the payment, his patent is canceled. Legal grounds for continuing to work on the territory of the Russian Federation disappear. Therefore, the employer must check the patent receipts.
6. Violation of the terms of renewal of registration. After extending the patent, the employer must, within three days, renew the registration at the regional offices of the GUFM Ministry of Internal Affairs.

What kind of work can foreigners not be hired

In Russia, a list of professions that are closed to foreigners has been established. In accordance with the current legislation, such persons cannot be hired:

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

Features of the conclusion of an employment contract with a foreigner

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

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

Features of recruiting foreign citizens in 2020

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

In practice, one has to regularly face the fact that it is difficult even for lawyers of employing companies to deal with Russian migration laws and the rules of employment of foreign citizens in Russia, all the more so it is not easy to understand the whole procedure for applying for a job for foreign citizens themselves who come to another state in search of work.

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

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

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

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

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

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

1. You must have an international passport (international passport). This document will be required to cross the border. If it is absent, you first need to issue it in your homeland.

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

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

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

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

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

9.From September 2016, foreign citizens must also renew their patent registration without fail.

Naturally, the paperwork for the employment of foreign citizens in Russia in 2020, taking into account all taxes and state duties, will not be cheap, so these costs need to be planned in advance.

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

Therefore, there is no need to save on your safety and peace of mind - a foreign citizen can officially work only if he has the entire list of documents for the employment of foreign citizens to an employer.

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

If our article on the procedure for employment of foreign citizens in Russia in 2020 and step-by-step instructions for applying for a job of visa-free foreign citizens were helpful, please like (+). Or share with your friends in social. networks with information about the employment of a foreign citizen in the Russian Federation in 2020 and tell us about the documents for the legal work of foreign citizens in Russia.

Issues covered in the material:

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

Russia is a multinational country. Today you will not be surprised by the number of foreigners on its territory. Some of them come to our country for tourist purposes, others - for employment, and some remain for permanent residence. The last two categories of foreigners need formal employment. Although this process is not the most complicated, it has its own nuances that both Russian employers and foreign workers should know.

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

Before starting to study the issue of employment of foreign workers, let's figure out who exactly should be attributed to this category of persons. First of all, a foreign citizen is an individual who does not belong to the citizens of the Russian Federation. Secondly, he has documentary evidence of his status as a citizen of another country.

The conditions for hiring foreign citizens differ from the conditions for accepting Russians. Leaders, when registering for the position of persons related to citizens of another country, must comply with the procedure established by law.

In recent years, proposals have been increasingly voiced in the State Duma on the need to adopt the so-called unified migration code. It is assumed that this document will concentrate all the main points regulating the process of admitting foreigners to a vacant position by Russian entrepreneurs.

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

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

For an individual to receive the status of a foreigner, he must meet one of the following criteria:

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

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

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

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

• A notarized document confirming the identity of an individual.
• Pension insurance certificate. A foreigner must have this document if he is applying for a job for the second time. Otherwise, it is drawn up by the employer.
• Health insurance policy. It can be replaced by a health insurance contract.
• Work permit or patent.
• A document confirming the legality of being in Russia.
• Employment history. In the absence of such, the obligation to register it lies with the employer.
• Diploma of education.

A citizen of a foreign state who has documents in a language other than Russian must provide their translation.

In order to simplify the process of employment, a work permit for foreign citizens can be replaced with a patent. It can be obtained by a person who does not have a visa. Within thirty days from the date of arrival, it must submit an application for its extradition to the Federal Migration Service. The document is valid for at least thirty days and no more than twelve months.

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

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

Medical documents must contain certificates:

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

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

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

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

It is not difficult to obtain a patent, but you must remember that it can be revoked at any time. The following situations can lead to this:

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

The work permit is issued by the FMS. Hiring foreign citizens without it is possible for categories such as:

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

The employer must contact the employment service and obtain a permit. It is issued for a year.

To obtain a permit, the employer must provide information:

• about the company;
• the number of foreign employees;
• about their specialties and positions.

How is the recruitment of foreign citizens carried out? The instruction is as follows:

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

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

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

A legal entity has the right to provide:

• Certificate of amendments to the register of legal entities.
• Tax registration certificate.

Entrepreneurs provide:

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

The permit is valid for one year.

The employer is obliged to register every foreign employee with migration registration. A notice of employment of a foreign citizen is submitted to the FMS department within three days from the date of signing the contract.

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

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

• Information about a document that confirms the legality of a foreigner's stay in Russia, namely:
• date of issue;
• series and number;
• validity;
• by whom the document was issued.
• Medical insurance policy details.

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

The contract can be concluded in two languages \u200b\u200b(Russian and the employee's native language). The legislation allows the use of only the Russian language for these purposes.

2. Features for Belarusians

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

3. Employment of students

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

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

4. Quota for foreigners

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

• Truck drivers must not exceed thirty-five percent.
• Sellers of alcoholic beverages - fifteen percent.
• Tobacco sellers - fifteen percent.
• Vegetable workers in some regions - fifty percent.
• Passenger transport employees - forty percent.
• Sports figures - no more than twenty-five percent.

Some regions do not provide quotas for:

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

There are no restrictions for certain industries. The specific list of professions for which quotas are not established is adjusted by legislators annually. The changes made to it depend on the state of the labor market. The following professional areas are not eligible for quotas this year:

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

5. Qualified employees

This group includes those persons who receive for their knowledge and skills a wage of at least seven hundred thousand rubles a year. Organizations that can recruit HQS:

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

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

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

Two weeks are given for making a decision. In the case when the period during which the VKS will work in the organization does not exceed three months, he does not need to register with the migration services.

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

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

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

First, he must draw up a statement, which will indicate the need for foreign specialists. It is served in the CPN Over the course of one month, the employees of the CPC will try to find an employee for the employer - a citizen of the Russian Federation.

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

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

Documents required to obtain permission:

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

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

Documentation is submitted to the ministry, which includes:

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

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

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

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

This group of people needs to acquire a patent to get a job in Russia.

They can issue it after receiving a migration card.

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

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

The issuance of a patent to a citizen of a foreign state is carried out in person upon presentation of documents confirming his identity and payment of an advance payment for personal income tax.

A patent lasts no more than twelve months, but may be renewed if necessary.

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

3. Individuals who have citizenship in the EAEU countries.

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

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

4. Highly qualified specialists.

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

The employer should not apply to the authorities in order to obtain a permit for the employment of a foreigner and to confirm quotas.

Videoconferencing receives a permit for a period of three years.

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

Documents that are provided for obtaining permission:

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

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

The package of documents required for this is similar to the package of documents for permission. The only difference is that there is a request.

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

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

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

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

• the new employee must start work on the day the work permit was issued;
• no later than the first working day of the foreigner, the employer must fill in the details of the insurance policy in the contract.

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

Notification of a change in labor relations with a foreign employee is sent to the FMS exclusively in paper form.

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

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

5. Temporarily and permanently residing foreign citizens.

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

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

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

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

For example, this year foreigners cannot work:

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

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

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

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

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

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

How to apply for a foreign worker: step-by-step instructions and answers to other personnel questions of a foreign mission

Why do companies hire foreign workers? There may be several reasons for this. First, in order to introduce advanced foreign business practices. In this case, we are talking about attracting foreign citizens from far abroad and workers who are highly qualified specialists. As a rule, attracting foreigners is typical for representative offices, branches and subsidiaries of foreign companies.

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

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

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

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

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

In accordance with Art. 55 of the Civil Code of the Russian Federation Representative office is not a legal entity, respectively, the parent organization acts as the employer in labor contracts.

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

Labor contracts with employees of the representative office are signed, as a rule, by the head of the head organization or the head of the representative office by power of attorney.

On behalf of the parent company, a representative office can conclude labor contracts with foreign workers:

1. Within the limits of the number of foreign employees agreed upon during accreditation.
2. If you have permission to attract and use foreign workers.
3. If foreign workers have work permits.

Important!

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

• Labor legislation of the Russian Federation is valid only on the territory of the Russian Federation, which means that foreign employees do not acquire the status of a posted worker upon arrival in the Russian Federation.
• Engaging a foreign citizen to work in the Russian Federation means admission in any form to the performance of work or the provision of services, or any other use of the labor of a foreign citizen.

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

Step 1. Obtain a permit to attract foreign employees

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

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

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

A permit for attraction is issued at the department of the Ministry of Internal Affairs of Russia for 1 year. The processing time is 30 days.

Note!

Work permits are issued within the framework of quotas approved annually by the Government of the Russian Federation. For 2017, the quotas were approved by the Decree of the Government of the Russian Federation dated 03.12.2016 No. 1288.

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

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

Step 2. Issue invitations and work permits

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

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

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

Important!

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

Step 3. Notify the territorial office for migration of the arrival of a foreigner and his admission

After completing these formalities, you can start concluding contracts with foreign citizens and register them for work.

Important!

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

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

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

An employment contract must necessarily include the following provisions:

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

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

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

• passport or other identity document;
• migration card, visa;
• one of the obligatory permits on the basis of which labor activity is carried out:
  1. Work permit or patent;
  2. Temporary residence permit;
  3. Residence.
• work book (if it is not there, then the company needs to get 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.

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

Important!

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

Note!

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

Attracting foreigners with the HQS status to work

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

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

Note!

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

Advantages of hiring a foreigner with HQS status:

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

Hiring foreigners from neighboring countries

Foreigners from neighboring countries (Ukraine, Moldova, Azerbaijan, Uzbekistan, Tajikistan) use a simplified regime of employment:

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

Important!

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

1. Establish in the employment contract the obligation of the patent foreigner to timely provide the employer with copies of receipts for the advance payment of personal income tax (of course, you cannot be fired for violating this obligation, but you can bring to disciplinary responsibility).
2. Establish in the employment contract the obligation of the patent foreigner to provide the employer with confirmation of the renewal of registration in a timely manner, because within three working days from the date of the next payment for the patent, the receiving party is obliged to extend the period of stay of the foreigner in the relevant migration department for the duration of the patent.

1. Make sure that the place of work of the patent foreigner corresponded to the place of issue of the patent, otherwise it would be illegal to engage in labor activity (for example, Moscow and the Moscow Region are different subjects of the Russian Federation).
2. Make sure that a foreigner who first received or reissued a patent sends a copy of the employment contract to the migration department that issued the patent within two months. If the foreign worker does not do this, the patent will be canceled, and you run the risk of being sanctioned for illegally hiring a foreign worker to work.

Hiring citizens from the EAEU

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

Important!

Although the Treaty on the EAEU provides that citizens of the participating countries are not subject to restrictions related to the protection of the internal labor market, the company is still obliged to notify about the conclusion / termination of an employment or civil law contract, since this obligation is not permissive or restrictive, but of a notification nature and does not in any way limit the right of such citizens to work in the Russian Federation.

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

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

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

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

Question 4: Can a representative office be stamped in work books?
Answer: Yes, there must be a seal of the representative office in the work books. It is put on the first sheet (during the initial registration of the work book) and upon dismissal.

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

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

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

If a foreigner received Russian citizenship while he was working, then upon dismissal, migration control over his labor activity is not carried out. Therefore, there is no need to inform the migration authority. This conclusion was reached by the RF Armed Forces in the Resolution No. 81-AD17-17 dated 26.06.2017. The position of the Supreme Court will help employers in disputes with the migration authorities.

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

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

Question 8: What other pitfalls can be in terms of personnel records in the representative office?
Answer: Labor relations of foreign workers with a representative office are regulated by the labor legislation of Russia. Therefore, personnel records in a representative office are fundamentally no different from personnel records in a Russian organization. Personnel documents are maintained for foreign employees of the representative office in the same manner and in the same volume as for Russian employees. "Pitfalls" in personnel records are often encountered in matters of compliance with the rules and regulations of the Federal Law of 27.07.2006 No. 152-FZ "On Personal Data". Moreover, from July 2017, amendments to Law 152-FZ will come into force. We will be ready to tell you about the peculiarities of HR administration in terms of the Law "On Personal Data Protection" at the meeting, if necessary.

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

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