Procedure for notifying about the conclusion of an employment contract

The Main Department of Migration of the Ministry of Internal Affairs must be notified of the conclusion of an employment contract with a foreign employee (and its termination) in accordance with Federal Law No. 115-FZ dated July 25, 2002 “On the legal status of foreign citizens in the Russian Federation.”

More specifically, this obligation is regulated by Order No. 363 of the Ministry of Internal Affairs of Russia dated June 4, 2019, which also contains current notification forms.

Notification of the Ministry of Internal Affairs on the employment and dismissal of foreign citizens in 2021

Notification of the Main Directorate for Migration of the Ministry of Internal Affairs of Russia is mandatory in accordance with Federal Law No. 115.
According to the law, notification to the Ministry of Internal Affairs is submitted both by the employer and by the foreign citizen.

On the part of the employer - a legal entity or individual who employs foreign citizens for work, is obliged to notify the Main Directorate for Migration Affairs of the Ministry of Internal Affairs:

• on concluding an employment contract (civil law) when hiring a foreign citizen
• on termination of an employment contract (civil law) upon dismissal of a foreign citizen from work.

In this case, a notification to the Ministry of Internal Affairs about termination of an employment contract can be sent by the employer in the following cases:

• If you are not satisfied with the qualifications of a foreign worker / he ran away / disappeared, then a notice of early termination of the employment contract with the foreign worker is sent to the Ministry of Internal Affairs.
• If the employment contract has expired or the foreigner’s permits have expired.
• If a foreign worker resigns of his own free will.

In any of these cases, the employer is obliged to notify the Ministry of Internal Affairs of the termination of the employment contract.
Notification to the Ministry of Internal Affairs about hiring and dismissal must be submitted for each foreign employee separately.

On the part of a foreign citizen, a foreigner must notify the Ministry of Internal Affairs about his employment with an individual or legal entity within 2 months from the date of receiving a patent for work, sending a copy of the contract.

Important! The employer is obliged to notify the Ministry of Internal Affairs about the hiring or dismissal of all foreign citizens, including:

• Visa-free foreigners with a work patent.
• Visa-free foreigners with a work patent from the EAEU.
• Visa foreigners with work permits.
• Foreigners with a temporary residence permit in the Russian Federation.
• Foreigners with a residence permit in the Russian Federation.
• Refugees

Deadlines for filling out and submitting notifications

The notice period will depend on the addressee. If the former employer is informed, the notification is submitted within 10 days from the date of conclusion of the employment contract.

In case of employment of a person from a foreign country, the employer must submit a notification within the following deadlines:

• to the Federal Migration Service within 3 days from the date of conclusion of the employment contract;
• to the tax service within 10 days from the date of employment of the foreigner.

The tax service is notified by the employer at the place of his registration.

Fines for late notification of the Ministry of Internal Affairs about the hiring and dismissal of foreigners

For untimely notification of the Ministry of Internal Affairs about the hiring and dismissal of a foreign citizen, as well as for failure to notify the Ministry of Internal Affairs about the conclusion or termination of an employment contract with a foreign citizen, Part 4 of Article 18.15 of the Code of Administrative Offenses of the Russian Federation provides for punishment in the form of fines for legal entities and individuals, as well as other measures.
For example, if an employer does not submit a notification to the Ministry of Internal Affairs or violates the deadlines for filing or the form for submitting a notification, then in federal cities such as Moscow and the region, as well as St. Petersburg and the Leningrad region, a fine is imposed on him:

• from 5,000 to 7,000 rubles for citizens of the Russian Federation (individuals);
• from 35,000 to 70,000 rubles for officials;
• from 400,000 to 1,000,000 rubles for legal entities.

Also, as a punishment, it is possible to suspend the activities of the organization for a period of fourteen to ninety days.
Therefore, notification forms must be filled out with the utmost care, and notifications must be submitted to the Ministry of Internal Affairs on time.

And it is advisable to submit them in person to be sure that the Ministry of Internal Affairs accepted the notification. Thus, you will save yourself from penalties and problems with migration services.

How to fill out a new form?

The unified form, which must be used when issuing a notice of acceptance of a foreigner into an organization and concluding an employment contract with him, includes 2 sheets, each of which is filled out on both sides.

The first sheet of the new form displays data of this type:

• full name of the document;
• the status that the customer of services or employer has - individual entrepreneur, legal entity, individual, lawyer, etc.;
• OKVED – digital designation of the type of economic activity carried out at the enterprise;
• information about the employer - the exact name of the company, its organizational and legal form. In some cases - the initials of a lawyer, notary, or individual;
• number from the Unified State Register of Legal Entities - for legal entities, passport data - for individuals, number of the document confirming the right to conduct professional activities - for notaries and lawyers;
• number of the certificate of registration with the tax authorities and checkpoint (if available);
• location of the employer - for legal entities, address of residence - for individuals. Indicate the city, street, house/building
• contact phone number for contacting the manager;
• information about the foreign employee.

Information about the foreigner being hired includes:

• initials of the foreign citizen;
• citizenship;
• Place of Birth;
• Date of Birth;
• the name of the document proving his identity, its number and series, date and place of issue;
• if you have a migration card - its number and date of receipt;
• full address of registration at the place of residence or registration.

The following data is filled in on the second sheet:

• the date of registration of the foreigner or the date of his registration at the place of residence;
• information about a document giving a foreign citizen the right to work in the Russian Federation. It should be noted that in most cases a patent acts as such a document;
• name, number and series, as well as the place where the permit was obtained, discussed in the previous paragraph;
• validity period of the patent (or other document);
• profession of a foreigner;
• the basis for a representative of a foreign country to carry out labor activities is an employment agreement or a contract for the provision of services;
• date of hire of the employee;
• the address where the foreigner will work;
• the fact of agreement with the information contained in the notification and confirmation of the accuracy of the specified data;
• position of the chief manager of the enterprise, his signature;
• date of document execution;
• company seal – if available;
• information about the power of attorney - if the notification was not given by the direct employer.

If necessary, an additional sheet may be attached to the notice of employment. It is issued if the main part of the document does not contain the information that needs to be presented in it.

The form for issuing an additional sheet is also presented in Appendix No. 13 to Order of the Ministry of Internal Affairs of the Russian Federation 3363 dated June 4, 2019.

and a sample filling for a citizen with a temporary residence permit, residence permit, patent

(valid from September 9, 2021).

(valid from September 9, 2021).

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Filling example:

Fines for late notification of the Ministry of Internal Affairs

When issuing a notice of conclusion of a contract, the employer must comply with the rules for filling out documentation and the deadlines for sending it. In case of violation of established norms, the head of the organization who hired a foreigner may be brought to administrative liability under clause 3 of Article 18.15 of the Code of Administrative Offenses of the Russian Federation.

In addition to liability, the company's management may be subject to penalties.

In the case of officials, their size can vary from 35 to 50 thousand rubles.

Legal entities face a fine of 400 thousand to 800 thousand rubles.

For organizations, another penalty is provided - suspension of the company’s activities for a period of 2 weeks to 90 days.

If similar violations are detected in Moscow or St. Petersburg, in the Moscow or Leningrad region, then the fines for officials increase to 70 thousand rubles, for organizations up to 1 million rubles.

Notification of the Ministry of Internal Affairs about hiring a foreign citizen

When hiring a foreigner, the employer must send a notice of employment of a foreign citizen to the Ministry of Internal Affairs.
The step-by-step process of submitting a notification to the Ministry of Internal Affairs about employment is as follows:

1. Filling out job notification forms. 2. Checking completed forms for errors. 3. Placing the organization’s seal on completed forms. 4. Submitting a notification to the Ministry of Internal Affairs in person, by mail or via the Internet. 5. Receiving the detachable part of the notice of hiring a foreigner with the seal of the government agency.

Important!

A notification from the Ministry of Internal Affairs about concluding an employment contract with a foreign citizen must be sent within 3 days from the date of signing this contract.

In other words, the employer has only 3 working days to notify the Ministry of Internal Affairs about hiring a foreigner, and the countdown begins not from the current date of conclusion of the contract, but from the next day after the conclusion of the contract with the foreign citizen.

For example, you entered into an employment contract with a foreigner on January 14, 2021, then the deadline for submitting a notice of employment to the Ministry of Internal Affairs will be January 17, since the countdown of the three-day period will begin on January 15, that is, the next day after the conclusion of the employment contract.

A notification of concluding an employment contract with a foreigner must be submitted for each employed employee.

A notification from the Main Directorate of Migration Affairs of the Ministry of Internal Affairs about hiring foreigners must be sent if you employ both visa-free and visa-free foreign citizens, as well as citizens with a temporary residence permit or residence permit.

In other words, notification to the Ministry of Internal Affairs is required when hiring any foreign citizen, regardless of his status in the Russian Federation, without exceptions.

This includes notifying the Ministry of Internal Affairs about the employment of foreign citizens with a residence permit (residence permit) in Russia, as well as notifying the conclusion of an employment contract with citizens of Belarus.

The employer can provide a notice of hiring a foreign citizen in person, by registered mail with acknowledgment of receipt and a list of attachments, or in electronic form via the Internet through the Unified Portal of State Services.

Important!

When sending notifications about the conclusion and termination of an employment contract in electronic form, an enhanced qualified electronic signature is used.

Important!

If you are going to send notifications about the conclusion of an employment contract or civil contract with a foreign citizen to the Ministry of Internal Affairs by mail, carefully check the completed employment notification form, since if there are errors, the notification will not be accepted by employees of the Ministry of Internal Affairs, which in turn will lead to the company fine and other liability for untimely notification of the Ministry of Internal Affairs about foreigners in the organization.

You can notify about hiring and concluding an employment contract with a foreign citizen in 2021 here or try to find the same form for notifying about the employment of a foreign citizen on the official resource of the Main Directorate of Migration of the Ministry of Internal Affairs.

You can download instructions for notifying the employment of foreign citizens here.

Which form should I fill out as of September 9, 2019?

To prepare documentation indicating information about concluding an employment relationship with a representative of foreign states, it is necessary to use a single form.

An up-to-date sample of a notice on hiring foreigners and concluding an employment or civil law contract with them is presented in Order of the Ministry of Internal Affairs of the Russian Federation No. 363 dated June 4, 2019. The form can be found in Appendix No. 13 of the normative act.

You can download the current forms and samples of filling out the new form below in doc and excel format.

New form of notification of termination of an employment contract with a foreigner from September 2021.

You cannot fill out a notification using any other form. Otherwise, specialists from higher authorities will not accept the documentation.

The official form should not contain corrections or errors. The document is accepted only if the specified information complies with the requirements of Appendix No. 13 of the Order of the Ministry of Internal Affairs of the Russian Federation dated 06/04/2019.

It should also be noted that this form became mandatory for use on September 9, 2021.

Previously, until September 2021, a form was in force, the form and sample of which can be downloaded in this article.

Notification of the Ministry of Internal Affairs on termination of an employment contract and dismissal of a foreign citizen

When dismissing a foreign citizen, the employer must send a notice of termination of the employment contract with the foreign citizen to the Ministry of Internal Affairs.
The step-by-step process of submitting a notification to the Ministry of Internal Affairs about the dismissal of a foreigner is as follows:

1. Filling out notice of dismissal forms. 2. Checking completed forms for errors. 3. Placing the organization’s seal on completed forms. 4. Submitting a notification to the Ministry of Internal Affairs in person, by mail or via the Internet. 5. Receiving a detachable part of the notice of dismissal of a foreigner with the seal of a government agency

Important!

A notification from the Ministry of Internal Affairs about the termination of an employment contract with a foreigner must be sent within 3 days from the date of termination of this contract.

In other words, the employer has only 3 working days to notify the Ministry of Internal Affairs about the dismissal of a foreigner, and the countdown begins not from the current date of termination of the contract, but from the next day after the termination of the contract with the foreign citizen.

For example, you fired a foreigner by terminating the contract with him on January 14, 2021, then the deadline for submitting a notice of termination of the contract to the Ministry of Internal Affairs will be January 17, since the countdown of the three-day period will begin on January 15, that is, the next day after the termination of the employment contract.

Notice of termination of the employment contract must be submitted to each dismissed employee separately.

The employer can provide notice of the dismissal of a foreign citizen from work in person, by registered mail with acknowledgment of receipt and a list of attachments, or in electronic form via the Internet through the Unified Portal of State Services.

Important!

When sending notifications about the conclusion and termination of an employment contract in electronic form, an enhanced qualified electronic signature is used.

Important!

If you are going to send a notification to the Ministry of Internal Affairs about the dismissal of a foreign citizen in 2021 or about the termination of a civil contract with a foreigner by mail, carefully check the completion of the notice of dismissal form, since if the migration service employees find errors, the Ministry of Internal Affairs will not will accept a notice, which in turn will impose a fine on the organization for late notification of the dismissal of a foreigner from the company.

You can notice the dismissal of a foreign citizen here or try to find the same form of notice of termination of an employment contract with a foreigner on the official website of the Ministry of Internal Affairs.

You can download instructions for notifying foreign citizens of dismissal from this link.

The procedure for submitting notifications about the conclusion and termination (termination) of employment contracts or civil contracts for the performance of work (rendering services) with foreign citizens

1. An employer or customer of work (services) who employs migrants is obliged to notify the Ministry of Internal Affairs about the conclusion and termination of an agreement with a foreigner within a period not exceeding 3 working days from the date of conclusion or termination of the agreement.
2. The notification form must be filled out in Russian. If the form is filled out not on a computer, but by hand, the handwriting must be legible. Cross-throughs, abbreviations and corrections are not allowed.
3. The notification must indicate information about each foreign worker with whom the contract was concluded or terminated.
4. All relevant fields must be completed in the notification.
5. If, when filling out, there is not enough space in the corresponding field, you must fill out an additional sheet to the notification, indicating the serial number and name of the field in which the missing information is entered.
6. The notice and additional sheets are stitched and numbered. A certification note is made on the back of the last sheet.
7. The notification can be submitted to the migration department of the Ministry of Internal Affairs, sent by post with a list of attachments and a receipt, or submitted electronically through the portal of state and municipal services (if there is a qualified electronic signature).
8. When receiving a notification on paper, the official checks the correctness of filling out the notification form and the identity documents of the person who submitted the notification, as well as his powers. If the notification is accepted, the official makes an appropriate entry in the journal of notifications about the conclusion and termination of contracts with foreign citizens and issues a certificate of acceptance of the notification.
9. If the notification was received in electronic form, the official sends back a message confirming receipt of the notification no later than the business day following the day the notification was received. A notification received in electronic form is printed and certified by the signature of an official, the entry “Received in electronic form” is made on it, after which the relevant data is entered into the information system of the Ministry of Internal Affairs of the Russian Federation within three working days from the date of receipt of the notification.

Peculiarities of registration for work of nationals of other countries

It is important to consider some features of hiring migrants:

• If a new employee comes from a country from which entry is carried out on the basis of a visa, the head of the enterprise must obtain the appropriate permission.
• Only citizens over 18 years of age can be hired. The work of minor migrants is not allowed.
• If a manager wants to hire a specialist from a state from which entry is possible only with a visa, first you need to submit an application confirming the need for such an employee, then obtain the appropriate permission, and issue an invitation to enter the Russian Federation for a specific employee.
• If the type of activity requires passing a medical commission, the employer is obliged to send personnel to the medical center at his own expense.

Important!

In addition to aspects of labor legislation, there are also some specific features of the employment of migrants in terms of paying taxes and notifying the tax service about hiring, dismissal, transfer to another position or to another division of the enterprise.

How to prepare a document?

No special form of notification is provided for by any legal act , so it can be drawn up in free form. The notice must be drawn up on company letterhead or using a corner stamp to ensure the presence of company details.

Notifications are necessarily reflected in the log of outgoing documentation, and therefore each document is assigned a number. The design algorithm is as follows:

• The personnel officer prepares three copies of notifications;
• endorses them by the director (or signs them independently if there is a power of attorney to sign personnel documents);
• enters the registration number in accordance with the entry in the journal;
• one copy is included in the file according to the nomenclature;
• the other two are sent by registered mail to the addresses (postal receipts must be attached to your copy).

Legislation

A conscript has the right to choose an alternative service instead of military service, in which case he will work as a civilian for the entire duration of his service. Some state and municipal organizations reserve jobs for alternative workers. Commissariats send recruits to work in these companies for employment.

According to Article 349 of the Labor Code, such employees are subject to all the norms and requirements of the Labor Code.

And according to the norm of Article 59 of the Labor Code, a fixed-term contract is concluded with recruits from among alternative employees.

As required by Article 16 of Federal Law No. 113, the employer to whom the recruit is sent must conclude a fixed-term contract with him for the entire period of service. In this case, no later than 3 days after registration, you must send notifications of employment to two addresses:

• to the commissariat that sent the recruit (details are indicated on the military ID);
• to the regional administration or the Government of the Russian Federation (who controls the enterprise).

Notifications are sent upon registration of each new recruit.