Quota for foreign workers 2021

How is the need to attract foreign workers determined? What is the procedure for attracting foreigners to work in the Russian Federation?

As we have already noted, a foreigner legally staying in the Russian Federation is a person who has a valid residence permit, or a temporary residence permit, or a visa and (or) migration card, or other documents provided for by law or an international treaty of the Russian Federation confirming the right to stay (residence) ) in the Russian Federation (Article 2 of Law No. 115-FZ). A temporary residence permit may be issued to a foreign citizen within the quota approved by the Government of the Russian Federation, unless otherwise established by this Federal Law. The validity period of a temporary residence permit is three years (Clause 1, Article 6 of Law No. 115-FZ).

PERMIT TO WORK IN MOSCOW

There are several types of quotas for foreign workers:

a quota for foreign workers is when employers want to have foreign specialists on their staff;
quota for issuing work permits (visa foreigners can work only on the basis of a special permit);
quota for temporary residence permit. Then foreigners can work without special permits;
quota for issuing invitations for foreigners; foreigners receive this quota not only for living in the country, but also for employment.

The employer and the customer of work (services) have the right to attract and use foreigners if they have permission to attract and use foreign workers, and a foreigner has the right to carry out labor activities if he has reached the age of eighteen and has a work permit or patent. This procedure does not apply to foreign citizens, including those permanently or temporarily residing in the Russian Federation (Clause 4, Article 13 of Law No. 115-FZ).

WHAT POSITIONS ARE NOT SUBJECT TO QUOTAS WHEN ADMISSIONING FOREIGN EMPLOYEES FROM FAR ABROAD?

Important!

The quota for attracting migrants to work will be determined only for citizens who arrived in the Russian Federation under a visa regime.

The Government of the Russian Federation annually determines the need to attract foreigners arriving in our country from foreign countries on the basis of a visa. When determining priorities, the political, economic, social and demographic situations are assessed, and the effectiveness of the use of foreign labor is assessed.

The need to attract foreign workers for certain types of economic activity and their number are established by the forecast of socio-economic development of a constituent entity of the Russian Federation for the corresponding period, usually for a year. Based on this information, the tripartite commission for regulating social and labor relations of this subject sends appropriate proposals to the Government of the Russian Federation.

And already the Ministry of Labor of the Russian Federation, on the basis of proposals received from the regions, taking into account maintaining an optimal balance of labor resources between foreign workers and workers citizens of the Russian Federation, sets quotas for the issuance of work permits to foreign citizens arriving in Russia on the basis of a visa, both in the territory of one or more subjects of the Russian Federation, and throughout Russia.

Let us remind you that from January 16, 2021, employers who invite foreign workers must ensure that:

the foreign employee’s occupation corresponded to the purpose of entry;
the foreigner left the country on time.

For violation, the company may be subject to a fine of 400,000 to 500,000 rubles. For officials and individual entrepreneurs, the fine will be from 45,000 to 50,000 rubles.

WHAT TAXES DOES VKS PAY? ARE THERE BENEFITS PROVIDED?

The procedure for attracting visa foreign citizens with a work permit

But in order to employ a foreigner from far abroad, when a foreign citizen is required to obtain a visa, things are a little different.

To attract such a foreign worker, the employer will have to collect a huge package of documents.

The procedure and rules for attracting foreign labor with a work permit:

The employer receives a quota for attracting foreign labor - read more about quotas for foreign workers below
The employer submits an application to the territorial migration authority, where he asks to issue an invitation to a foreign citizen so that he can work in the Russian Federation. This government agency issues such a foreigner an invitation to enter the Russian Federation
The employer MUST obtain permission to hire foreign labor
A foreign citizen must obtain a work permit

Documents that the organization receives:

Quota for attracting foreign labor
Permission to attract foreign workers
An invitation for the foreigner himself.

Documents received by a foreigner:

Copy of passport with translation
Visa
Migration card
Tear-out part of the notification form for the arrival of a foreign citizen
Voluntary health insurance policy
Document on education/qualification/special knowledge
Work permit
Work book (Russian sample). If it is not there, it will be issued by the employer.
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When hiring a foreigner who arrived on the territory of the Russian Federation in a manner requiring a visa, the employer is also obliged to notify the Main Directorate for Migration Affairs of the Ministry of Internal Affairs (FMS) about this fact within three days.

Types of quotas for foreigners

– quota for foreign workers, this is when employers want to have foreign specialists on their staff,

– quota for issuing work permits – visa foreigners can work only on the basis of a special permit,

– quota for TRP (temporary residence permit). Foreigners with this quota can work without special permits and practically have equal rights with Russians,

– a quota for issuing invitations for foreigners; foreigners receive this quota not only to reside in the country, but also for employment within the legal framework.

Permission and quota for attracting foreign citizens to work

First, let’s figure out what “quotas for attracting foreign labor” are.

The state seeks to protect the Russian labor market and annually determines quotas for attracting foreign workers, that is, the maximum number of foreigners who can work in a particular specialty this year.

In 2021, the quota for attracting migrants to work will be determined only for citizens who arrived in the Russian Federation under a visa regime.

In order for an organization to receive such a quota, it must every year write a statement about the need for foreigners to the labor and employment service.

Moreover, if an organization wants to employ foreigners, it must submit applications for the next year at the beginning of the current year. So, in order to receive a quota for attracting foreign workers for 2021, the application had to be submitted before August 1, 2021. At the same time, the employer must have a justification for attracting foreign labor.

What does the commission take into account when issuing notifications?

For what reasons can an employer receive a refusal (except for an application not drawn up in the form)?

The list of provisions that the commission takes into account is defined in clause 10 of the Rules:

availability of information about the employer’s registration in the Unified State Register of Legal Entities;
inability to meet labor demand from regional labor resources;
the availability of the region's ability to accommodate foreign citizens recruited for work based on the provision of housing, social infrastructure and medical care to the population;
provision by the employer of guarantees of medical and housing support for foreign workers;
the employer has no unresolved violations of labor, migration, tax, and social legislation;
compliance by the employer with the permissible share of foreign workers recruited into various sectors of the economy, as well as other requirements established by federal laws and other regulatory legal acts.

The commission of a constituent entity of the Russian Federation makes a decision to reject the employer’s application, the employer’s application to increase the size of the need in full in the case of (clause 12 of the Rules):

the employer submits false information or forged documents or knowingly communicates false information;
initiation of bankruptcy proceedings for the employer;
inconsistency of the employer's application, the employer's application to increase the size of the need with the provisions provided above (according to clause 10 of the Rules).

Important!
The quota for attracting foreign labor is issued for one year. If the company needs to hire foreigners in the future, the application must be submitted in advance, at the beginning of the coming year, so that the Russian government can determine the need for foreigners in the Russian labor market.

The procedure for obtaining quotas for attracting foreign workers

The issuance of quotas for attracting foreign labor in St. Petersburg is carried out by the St. Petersburg State Autonomous Institution “Labor Resource Center”. This is where you should apply for the need to attract migrant workers to work. The application must be submitted within the deadlines established by the Labor and Employment Service, which can be found on their official website.
To obtain a quota for the right to attract foreign labor in 2021, a future employer must submit the following package of documents to the Labor Resources Center:

1. Two copies of the application, completed and printed from the AIC “Migration Quotas” system. The AIK system is a personal account on the official state website of the “employment service”. The rules for registering and filling out an application can be found at this link.

2. Power of attorney for an authorized person, if such an application is not submitted by the general director of the company.

3. A copy of an extract from the Unified State Register of Legal Entities for legal entities or the Unified State Register of Entrepreneurs for entrepreneurs, certified by signature and seal.

4. A letter of guarantee containing information about the possibility of providing housing and medical care (VHI or agreement with a medical institution) for a foreign citizen.

5. A letter justifying the need to attract foreign workers, indicating the reason why the employer wants to attract foreign citizens to his work, and information about the work done in searching for Russian specialists (workers) for positions that, according to the application, the employer wants to replace with foreign citizens.

After submitting all documents to the Labor Resource Center, the application is reviewed within twenty-five days, after which a decision is made to issue a permit to attract and use foreign workers or to refuse to issue a quota.

General rules for quotas of jobs for persons with disabilities and youth

If the region does not have its own regulations on the employment of special categories of citizens, Federal Law 181 of 1995 should be applied. Thus, the quota for persons with disabilities is usually higher than for those under 18 years of age. The standard is from 2 to 4 percent of the enterprise’s staff. The specific quota size depends on the average number:

in the event that the enterprise employs workers in the range from 35 to 100 people, it is permitted to employ no more than 3 percent of persons with physical disabilities;
four percent of the average number of employees of the company is the upper limit for a staff of over 100 people.

Notification on attracting foreign workers

When, finally, the employer goes through all the obstacles and successfully hires a foreign employee, he is obliged to send a notice of hiring a foreign employee to the territorial body of the Main Directorate of Migration Affairs of the Ministry of Internal Affairs (FMS) and, thus, report the fact of concluding an employment contract with a foreigner or its termination.

The procedure is not complicated - the employer, within three days, draws up and submits to the Main Directorate for Migration of the Ministry of Internal Affairs (FMS) a notice of hiring a foreign citizen in a certain form. The notification can be submitted to the Main Department of Migration Affairs of the Ministry of Internal Affairs (FMS) in person or by mail.

It should be noted that filing a notification about the attraction and use of foreign workers is a mandatory procedure for an organization hiring a foreigner, and failure to comply is punishable by a fine of up to one million rubles in accordance with Article 18.15 of the Code of Administrative Offenses of the Russian Federation.

Notification of the tax office about the attraction of foreign workers is not required since 2015.

Important! When hiring a foreign citizen, it is ALWAYS necessary to send a notification about attracting foreign labor to the Main Department of Migration Affairs of the Ministry of Internal Affairs (FMS), regardless of the foreigner’s regime of stay in the Russian Federation and the presence of a residence permit or temporary residence permit.

Calculation and withholding of personal income tax

The tax authorities will register a foreign citizen for tax purposes within five days after receiving information about migration registration. The registration certificate is given personally to the foreign citizen or sent by registered mail.

The personal income tax rate depends on whether a person is a tax resident or not. Residents are citizens whose total period of stay on the territory of the Russian Federation for the year was more than 183 days, non-residents - the total period of stay on the territory of the Russian Federation for the year was less than 183 days. At the same time, the personal income tax rate for residents is 13%, for non-residents – 30%.

Employers hiring foreign workers are required to notify the Ministry of Internal Affairs about this.

Persons not covered by the quota

Foreigners are not subject to registration among the number of foreign workers, the number of which is limited by the share established by the Government of the Russian Federation (clause 4.5 of Article 13 of Law No. 11-FZ):

entering Russia on a visa-free basis (subparagraph 1);
who are highly qualified specialists and are recruited to work in the Russian Federation in this status (subclause 2);
employed as employees of diplomatic missions, consular offices, international organizations and domestic workers for such persons (subparagraph 3);
performing, as employees of a foreign manufacturer (supplier), installation, service (warranty) maintenance or repair of equipment supplied by this manufacturer (supplier) to Russia (subclause 4);
accredited in the Russian Federation as journalists (subparagraph 5);
those receiving higher or professional education in Russia and working during vacations (subsection 6) or in organizations providing their training (subsection 7);
invited as scientists or teachers to conduct relevant activities in scientific or educational institutions that have state accreditation or comply with the list approved by the Government of the Russian Federation (subclause 8), or combining such activities with other business or humanitarian purposes of staying in Russia (subclause 8.1) ;
arriving for a period of no more than 30 days on tour or to conduct creative, educational, scientific or pedagogical activities in cultural institutions (subclause 8.2), as well as combining such activities with a guest or scientific (cultural) program of stay in the Russian Federation (subclause 8.4) ;
invited as doctors, teachers or scientists to engage in relevant activities in the international medical cluster (subclause 8.3);
accredited employees of representative offices of foreign legal entities accredited in the Russian Federation (subclause 9);
minor athletes and persons involved (with the consent of a parent or guardian) in entertainment events of a mass nature (subparagraph 10);
who are in Russia with the status of a refugee (subclause 11) or a recipient of temporary asylum (subclause 12).

Transfer of data to the employment service

It should be noted that creating a workplace for a disabled person does not mean that the employer has fully complied with the requirements of the law. To do this, you also need to inform the employment service about this vacancy, and then provide them with monthly reports on the availability of vacancies.

This obligation is defined by law. For violation of these norms, the company and its manager personally will face an administrative fine. At the same time, the frequency of bringing a negligent company to administrative liability is not established by law - this can be done at least every month.

It should be noted that if an applicant sent for a vacant position under an open quota is for some reason not suitable for performing this work, the administration is not obliged to accept him. True, in this case the applicant has every right to demand a written explanation of the reasons for refusal of employment.

Remember, with the help of employment services you can quickly find very good personnel. Therefore, you should not ignore them even for this reason alone.

How to calculate quota

Employers are often interested in very specific questions about how quotas are calculated to create jobs for socially protected segments of the population. In this case, it is necessary to take into account such basic points.

The quota is calculated not based on the total number of staff members present in the company, but only on the basis of the average number of employees. For example, if an enterprise has 530 staff positions, but only 480 are actually filled, the 4% quota for employing disabled people must be calculated from 480 occupied positions.

The calculation will be as follows: 480 x 4% = 20 staff units

When calculating the quota, it is necessary to exclude employee positions associated with harmful or dangerous production conditions. In this case, out of the 530 staff positions we have, 30 should be occupied by workers with hazardous work. In fact, we have a total of 480 positions filled, of which 20 were filled by workers performing their functional duties in hazardous production. The 4% quota required by law will be calculated with the exception of employees working in hazardous areas.

Here the calculation will be as follows: (480 – 20) x 4% = 19 full-time positions.

After completing the calculation, the employer is obliged to introduce the required number of staff positions for people with disabilities and provide appropriate working conditions for potential applicants for these positions. The employer does not have the right to offer these positions to other employees who are not disabled. If this happens, he could face a hefty fine.

Remember, the employer's responsibility is to create jobs for a certain number of workers with disabilities. If the employment center is properly informed about this, but the vacancies are not filled, the employer will not be at fault for not having the required number of disabled people.

What categories of workers do quotas not apply to?

In total, there are two groups of workers who are not affected by quotas:

Highly qualified specialists. A simplified employment procedure is provided for them. The salary of such workers should be more than 2 million rubles per year
Workers who are named on a list approved by the Ministry of Labor. The list consists of a fairly large number of professions. It includes artists, engineers, directors, creative professionals, etc.

In addition to the listed categories, the following can work without quotas:

those who have a residence permit
persons participating in the resettlement program
specialists servicing equipment supplied to our country
some other categories

Often, the wages of workers hired outside the quota are lower than the regional average.