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The relevance of foreign employees is growing daily. The reasons for this are completely different. They depend on the needs of a particular company, form of ownership and goals. One needs to have qualified specialists in a narrow field, with a good foreign diploma and knowledge of the language. Others want to minimize labor costs. The third is to reduce the number of tax deductions due to the employment of migrants.
To avoid huge amounts of fines for violations of migration and labor laws, it is worth conducting a legal review of the registration of employees and personnel documentation of the company.
The concept of “migration audit”
The process includes a systematic analysis of the interaction between the company and the foreign employee. A thorough legal review of documentation and compliance with the laws regarding the employment of a citizen of another country is carried out. Legalization of activities allows you to avoid millions of fines.
Statistics say that in 98% of cases, during monitoring, errors are found in documents that can cost the company penalties from the Main Directorate of the Ministry of Internal Affairs, the labor inspectorate and the migration service.
Professional migration audit - makes it possible to timely identify violations in the documentation and incorrect labor interactions, correct shortcomings in order to avoid punishment and expulsion of the employee from the Russian Federation.
What threatens a legal entity with violation of migration legislation?
On the part of the Main Directorate of the Ministry of Internal Affairs, all documents drawn up no later than 1 year on the date of the examination will be considered. If the inspector reveals violations, errors or incorrect filling of the documentation, as well as its absence and the simultaneous identification of the fact of the work of a foreign citizen, the legal entity faces a fine of up to 1 million rubles.
From this moment, the migration service will join the work, which with a 90% probability will expel a foreign citizen without the right to enter the country for a certain amount of time. The FMS will also initiate legal proceedings on the issue of illegal labor activity of migrants at the enterprise.
Lead to punishment:
- lack of documents confirming the legality of the foreigner's presence in the country;
- violations in the employment contract;
- performance of official duties in an enterprise without an employment contract;
- non-compliance with safety regulations;
- employment without a patent and other documents confirming the right to work;
- expiration of breaks for work, stay in the country;
- lack of personal protective equipment, as well as non-compliance by the employer with other safety measures, as well as provisions prescribed in the contract.
An audit will reveal not only possible errors and violations, but also expired documents of a foreign employee. After all, it is this moment that most often causes huge damage to the company.
When and who may need it
Migration audit is required:
- when the company does not have a full-time migration specialist (not to be confused with a lawyer in the state, each specialist is knowledgeable in his particular field);
- there are doubts that personnel officers are not familiar with the peculiarities of working with foreign employees and will not be able to correctly complete the entire package of documents;
- to avoid any problems with registration of a foreign citizen before checking;
- an expert opinion is required for the courts;
- the manager cannot say with 100% certainty that all the subtleties of migration legislation are observed in the documentation;
- a competent system of personnel records of migrants working in the enterprise is needed.
In any of these cases, it is worth contacting a remote migration audit. The minimum payment for the service will help to avoid millions of fines and the loss of valuable personnel.
- Consultation of a migration lawyer, drawing up an agreement on conducting a migration audit at an enterprise.
- Departure of a lawyer at a convenient time for the customer to check the documentation.
- Conducting an examination of personnel documentation, as well as verifying the authenticity of all documents submitted to the company's personnel department when an employee enters a job.
- Drafting and submission of an audit report with the presence of identified violations, as well as a complete list of recommendations for their timely correction in accordance with international law.
Also, the services of a migration lawyer may be required for representation in court, for an expert assessment of the personnel condition of the enterprise. When you need an individual development of a scheme for legalizing working relations in a company, practical and advisory assistance in the employment of foreigners.