The current Russian legislation allows companies of all forms of ownership and individual entrepreneurs to hire citizens of other states. But the terms of employment are quite strict. Failure to comply with at least one of the rules set out below is punishable by a fine of up to 1 million rubles or suspension of activities for up to 90 calendar days.
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How to start employment of a foreign citizen? From the definition of his status.
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<h4>Status of a foreign citizen in Russia</h4>
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A resident of another state may have one of the statuses indicated below:
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<li><i class="fa fa-check"></i>Temporarily staying on the territory of the Russian Federation. A citizen of another state can cross the border on the basis of a visa or without it (if there is an appropriate agreement with the country of his permanent residence). It is mandatory to issue a patent or a work permit (not issued since 2015).</li>
<li><i class="fa fa-check"></i>Temporarily residing on the territory of the Russian Federation. The condition for obtaining this status is the possession of a temporary residence permit (TRP). The document is issued for 3 years.</li>
<li><i class="fa fa-check"></i>Permanently resident in Russia. This status is granted to foreign citizens who have a residence permit (valid for 5 years). Another option is entry based on agreements between the EAEU countries.</li>
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Most of the citizens of other states who are in Russia have the status of "temporarily staying". And it is with this category of foreigners that employers most often have to deal.
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It is important to note that citizens of the CIS countries (with the exception of Georgia and Turkmenistan), South Ossetia, Abkhazia, Israel and a number of other states can visit Russia without a visa. For everyone else, a visa is required.
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What documents do a foreigner need to get a job in Russia: </label>
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<li>A citizen entering Russia on the basis of a visa must have on hand: a foreign passport and its copy, a migration card, a work permit and registration. In addition, you will need SNILS, TIN and a voluntary medical insurance policy.</li>
<li>If a foreigner has the right to enter Russia without a visa, for him a work permit is replaced by a patent and a check confirming its payment. The list of other documents remains unchanged.</li>
<li>Citizens of the EAEU countries do not waste time and money on the purchase of a patent. The list of required documents includes a migration card (except for citizens of Belarus), registration, medical insurance policy, TIN and SNILS.</li>
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<b>Important moment!</b>
The migration card should have a goal - work.
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If a foreign citizen has provided all the necessary documents, among them there are no expired or invalid ones, he can be applied for a job.
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<h4>How to accept a foreigner in the state</h4>
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At the first stage, the future employee is introduced to local regulations governing the work and rules of conduct in a particular company. This applies to the internal labor regulations, job description, collective agreement, etc. A mandatory step is to conduct a safety briefing. The employee is obliged to sign under all documents or in a special statement (magazine).
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The next stage is the conclusion of an employment contract. It is filled in Russian. Data is entered in accordance with the presented passport, patent or work permit. Mistakes are prohibited. If even one letter differs, employees of the migration service can draw up an act on attracting a foreigner to work without permits. The result is a fine or suspension of the employer's activities.
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Regarding the employment contract, you need to know the following:
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<li>only the date of employment is indicated. Fixed-term contracts are allowed to be concluded only in the cases listed in Art. 59 of the Labor Code of the Russian Federation;</li>
<li>The document must contain the details of a patent, a medical insurance policy.</li>
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<b>Important!</b>
If the permit document has expired (this applies to a visa, a patent), the foreigner should be fired immediately. Otherwise, fine!
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In addition to the contract itself, the employer is required to draw up a form on the conclusion of an employment contract. 2 (two) copies of each document within 3 (three) days are transferred to the regional division of the migration service.
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Otherwise, hiring a foreign employee differs little from a similar procedure for Russians. An entry is made in the work book (you can operate with documents that meet the standards of 1974 or 2004), the T-2 form is filled out, etc.
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We have listed only the main points related to the employment of a foreign citizen. In addition, the employee must be registered with the migration service in accordance with the Order of the Federal Migration Service of the Russian Federation No. 217 dated September 23, 2010. This applies to foreigners previously registered in non-residential premises.
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It is important to follow the timely renewal of the patent. If there is a delay for a day, the registration processes can be started again. Special slThere are even opportunities in reporting to the Federal Tax Service, the Pension Fund of the Russian Federation and the FSS. This applies to differences in the spelling of the surname in the patent, SNILS and VHI policies.
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<h4>How to avoid fines when hiring foreign employees</h4>
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In the previous part of the article, the word "FINE" was constantly mentioned. And this is no joke. Even one shortcoming made when hiring a foreign citizen is enough to receive a fine. Amounts - up to 1 million rubles.
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And what if the company needs to hire foreign personnel, and we are talking about tens and hundreds of people? Accept without clearance? At the slightest suspicion of the use of illegal labor, the employer is in big trouble.
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How to solve the problem? Increase staff and hire a lawyer? He can quit at any time, go on vacation, etc. A more reasonable solution is to contact the Consult Partner Group of Companies. We take care of all the problems related to the registration of foreign citizens. We help to issue a patent, put on migration registration, notify the Main Department of Internal Affairs of the Ministry of Internal Affairs about the admission or dismissal of a foreigner.
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With us, you do not have to study the migration legislation of Russia for weeks, study numerous letters and instructions from the Ministry of Labor, the Ministry of Finance, the Main Department of Internal Affairs of the Ministry of Internal Affairs, the Federal Tax Service, the Pension Fund of the Russian Federation and other regulatory agencies. Your employees will be engaged in their immediate duties, and not stand in queues for an appointment in order to turn in a copy of an employment contract or notice in a timely manner. Cooperation with us saves time and money.
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<h4>What services do we provide</h4>
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At your request, employees of the "Consult Partner Group of Companies":
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<li><i class="fa fa-check"></i>represent the interests of the employer during inspections by the Main Department of Internal Affairs of the Ministry of Internal Affairs or other structures;</li>
<li><i class="fa fa-check"></i>will carry out migration registration, issue or renew a patent;</li>
<li><i class="fa fa-check"></i>will prepare the documents necessary for employment, including personnel;</li>
<li><i class="fa fa-check"></i>foreigners will check the knowledge of the Russian language;</li>
<li><i class="fa fa-check"></i>will audit the documents held by a foreign citizen, determine the risks associated with hiring a particular person.</li>
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In addition, we provide outstaffing and outsourcing services. In the first case, the foreigner continues to work for you, but is listed in our company. We are responsible for his legal stay on the territory of Russia.
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In the second option, you transfer certain functions or business processes to us for execution, for example, HR administration. A specific list of services is determined by an agreement with a specific client. We take into account the needs of the business, carefully analyze not only current actions, but also their consequences.
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Do you have questions regarding the calculation and payment of personal income tax, contributions to extra-budgetary funds when hiring foreigners? Do not know how to check the legality of the presented migration card? Do you want to learn in a timely manner about all changes in the migration legislation of Russia? Contact Consult Partner Group of Companies. With us, you will be engaged in business development, and not pay multi-million dollar fines!
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