Dismissal of a foreign citizen

<p>
The reasons for and procedure for the dismissal of labor migrants are dictated by the norms of labor, civil and family legislation. It is noteworthy that for the most part this procedure is identical to the procedure applicable to Russian citizens. But it has a number of differences that all heads of enterprises and organizations that plan to actively attract foreigners for hire need to know.
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<h3>Grounds for terminating the contract</h3>
<p>
You can fire a foreigner for the following reasons:
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<li><i class="fa fa-check"></i>expiration of the employment contract with no intention to renew it;</li>
<li><i class="fa fa-check"></i>employee's desire;</li>
<li><i class="fa fa-check"></i>mutual consent of the parties;</li>
<li><i class="fa fa-check"></i>at the will of the employer;</li>
<li><i class="fa fa-check"></i>transition of an employee to another employer (possibly in relation to migrants with a temporary residence permit or residence permit);</li>
<li><i class="fa fa-check"></i>circumstances beyond the control of the parties.</li>
</ul>
<h3>Special grounds for termination of labor relations with a migrant</h3>
<p>
In addition to the general reasons for dismissal, additional ones are known that apply only to foreign citizens. These grounds include:
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<li><i class="fa fa-check"></i>exceeding the allowable staff of foreign workers in the organization;</li>
<li><i class="fa fa-check"></i>the expiration date of the company's work permit for foreigners;</li>
<li><i class="fa fa-check"></i>expiration of a patent to employ an employee;</li>
<li><i class="fa fa-check"></i>dismissal of a foreign worker due to the expiration of the registration period;</li>
<li><i class="fa fa-check"></i>expiration of the VHI policy or other document confirming the employee's health insurance coverage.</li>
</ul>
<h3>The procedure for the dismissal of a foreign citizen at his own request</h3>
<p>
Foreign workers, along with Russian citizens, have the right to quit at their own will. To do this, they need to submit an appropriate application to the administration of the enterprise.
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<p>
Before dismissing a foreign worker of their own free will, the employer's management must:
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<li><i class="fa fa-check"></i>consider application;</li>
<li><i class="fa fa-check"></i>assure him;</li>
<li><i class="fa fa-check"></i>resolve the issue of preparing a dismissal order.</li>
</ul>
<p>
After signing the order, a record of dismissal must be made in the migrant's work book. After signing the documents, the employer makes a full calculation of the former employee. This requirement is identical for Russian citizens, so the calculation must be made no later than three days from the date of signing the letter of resignation.
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<h3>Dismissal of a migrant due to the expiration of the contract</h3>
<p>
In this situation, the reasons for dismissal can be:
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<li><i class="fa fa-check"></i>a certain date is coming / the term specified in the employment contract has expired;</li>
<li><i class="fa fa-check"></i>completion of certain works, if the contract was concluded strictly for the period of their performance without the possibility of determining a specific period;</li>
<li><i class="fa fa-check"></i>End of the season if the contract was for seasonal work.</li>
</ul>
<h3>Firing at the will of the employer</h3>
<p>
The grounds for the dismissal of a foreign citizen at the initiative of the employer must be very serious. The most common reasons for such dismissal are:
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<li><i class="fa fa-check"></i>Employee negligence in performance of duties.</li>
<li><i class="fa fa-check"></i>A gross violation of the internal labor regulations, as well as the terms of the employment contract.</li>
<li><i class="fa fa-check"></i>Provision by an employee of false information, falsified documents when concluding a contract.</li>
<li><i class="fa fa-check"></i>Inconsistency of the worker with the position he has occupied and the duties assigned to him.</li>
</ul>
<h3>Termination of an employment contract by mutual agreement</h3>
<p>
In this order, the dismissal of an employee is carried out by terminating the employment contract. The term and time of its termination are established by the parties. The law does not determine the form of termination of the contract, leaving it to the discretion of the employer and employee. Most often, the parties draw up a separate document drawn up in two copies (one for the employee, the other for the employer).
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<label>Firing a migrant with an expired patent</label>
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<p>
The legislation establishes that the delay in a patent for work is one of the good reasons for terminating an employment relationship with a foreigner. PatThe ent is a document confirming the legal stay/residence of a migrant in Russia with the possibility of official employment. The expiration of a patent is equivalent to the termination of the right of legal stay of a foreigner in Russia. Once the patent becomes invalid, the employer has no legal basis to keep the foreign worker in the state.
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<p>
A foreigner is given a month to renew a labor patent and re-register documents. The employer cannot allow the employee to work until the patent is renewed. If the documents are not ready within the allotted time, the employer terminates the employment contract.
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<label>Dismissal of a foreign employee due to his death</label>
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<li><i class="fa fa-check"></i>One of the direct grounds for the dismissal of a migrant, independent of the will of the parties, is his death. For obvious reasons, the contract in the event of the death of a foreign employee is terminated unilaterally.</li>
<li><i class="fa fa-check"></i>As in the case of dismissal for other reasons, an appropriate order must be issued in relation to a deceased employee. The documentary basis for issuing an order is the death certificate of a foreign worker.</li>
<li><i class="fa fa-check"></i>The order to dismiss the deceased is signed only by the employer. Relatives and family members have the right to take the working documents of the deceased.</li>
</ul>
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<label>Dismissal of foreign workers who arbitrarily left the country</label>
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<p>
In practice, there are often cases of dismissal of a foreign citizen who left for his homeland without warning. In such a situation, the legislation of the Russian Federation provides for several grounds for dismissal:
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<ul class="list icons list-unstyled">
<li><i class="fa fa-check"></i>most likely for absenteeism;</li>
<li><i class="fa fa-check"></i>dismissal due to invalidity of documents confirming the right of stay/employment of a migrant in Russia (work permit, labor patent, etc.).</li>
</ul>
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</section>
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<h3>Documents for the dismissal of a foreigner</h3>
<p>
In order to resolve the issue of dismissal of a migrant in the manner prescribed by law, the employer must submit to the migration service:
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<li><i class="fa fa-check"></i>Correctly completed notice of termination of employment contract (two copies);</li>
<li><i class="fa fa-check"></i>employment contract with a foreigner (two copies);</li>
<li><i class="fa fa-check"></i>certificate about sending notification.</li>
</ul>
<p>
The employer is obliged to inform the migration service about the dismissal of the migrant within three days from the date of signing the relevant order.
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<label>Payments upon termination of an employee</label>
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<p>
In the issue of the procedure for calculating dismissal, labor legislation establishes almost complete equality between foreigners and citizens of Russia. In the event of termination of the employment contract, the foreign worker is entitled to payments for the period worked. All kinds of bonuses, allowances, compensation payments can be included in the calculation.
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<p>
In case of dismissal of a foreign worker due to his death, a special payment procedure is provided. Wages, compensation payments, bonuses and allowances are due to family members of the deceased (spouses, parents or adoptive parents) or his dependents. Amounts paid to the relatives of the deceased are not taxed.
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<label>Informing regulatory authorities about the dismissal of a foreigner</label>
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<p>
An employer who employs foreigners assumes the obligation to inform the supervisory authorities of the Ministry of Internal Affairs in a timely manner. In particular, he must notify government agencies of the fact of termination of the employment contract with a foreign citizen. Filling out notification forms requires special care: even minor errors can result in serious problems and fines.
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<p>
It is equally important to observe the time allotted for informing government agencies. The employer must report the dismissal of the foreigner within three days from the date of termination of the employment contract. The obligation to inform government agencies about the dismissal of a migrant lies with the employer, regardless of the status of a foreign worker.
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<h3>Consequences of late notification of the migration service</h3>
<p>
In case ofobservance of the period allotted for informing state bodies, the employer is obliged to pay a fine or stop activities for a period of 2 weeks to 3 months. In some cases, a monetary penalty is combined with the suspension of the company's activities.
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