Employment of foreign citizens: features of 2021

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Published: 06/22/2016

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Hiring citizens of other states for vacant jobs is a completely legal procedure, provided that these persons are in Russia legally. But some difficulties with official registration lead to attempts on the part of employers to circumvent the laws of the Russian Federation, which creates a flow of illegal immigrants trying to get low-paid and quite affordable work.

It should be recalled that such unscrupulous actions can result in large fines for the employer and harm to his business. Therefore, one should not forget about the legal status of foreigners and the legal rules for their employment, taking into account the latest changes made to legislative norms.

• The essence of the changes
• Procedure for receiving persons who have received a temporary permit
• Workers who do not have a visa

Rules

It is not easy for migrants to become a legal worker in a foreign country. The conditions for concluding an employment contract for foreign citizens depend on their legal status.

There are only 3 of them:

1. Temporarily arriving. An individual arrived from a country with a visa regime. This status is confirmed by a visa. The maximum stay period is 90 days. Exceptions are presented in Federal Law No. 115 in Article 5.

After the expiration of 3 months, the foreigner needs to leave Russia if his visa has not been extended or a temporary residence permit has not been issued.

If a migrant wants to continue to stay in the country, then he needs to come to the Federal Migration Service. When obtaining a permit, a migrant must pay a state fee. It is indicated in the Tax Code of the Russian Federation in Art. 333.28.

If a migrant has signed an employment contract before the expiration of the visa and has a work patent, then the foreigner’s stay is indicated in the document and can increase to one year from the moment of crossing the border. This contraindication does not apply to top-class specialists.

Important! According to Federal Law No. 230 of July 21, 2014, if a foreign citizen who arrived on a visa did not indicate on it that he was going to work, then the FMS will prohibit him from working for a legal entity. face.

1. Temporary resident. This status of a foreign citizen allows him to reside in the territory of a constituent entity of the Russian Federation for 3 years.

At the same time, the migrant does not have the right to arbitrarily change the place of residence indicated in the Temporary Residence Permit. A foreigner can only work in the region where he was given a residence permit.

Every year you must register your temporary residence permit again and pay tax.

1. Permanent resident. A citizen with this legal status has a Residence Permit, which is issued by the Federal Migration Service for 5 years. The document can be renewed many times, but it must be re-registered annually.

An application for a residence permit is submitted when the temporary residence permit is valid, but no later than 6 months before the expiration date of the Temporary Residence Permit. A foreigner with this status can work throughout Russia.

Migrants from the CIS (except Turkmenistan) and other countries with which Russia has a visa-free regime can find employment on a par with Russians. But they do not require a military registration document.

Taxation of foreign workers

Due to a significant change in the procedure for registering foreign citizens to work in the Russian Federation, many questions arise regarding the payment of taxes for them. Let's try to figure out who should pay for what. According to the law, a patent employee is required to independently pay tax on the income of an individual in the form of advance payments, the first of which is paid immediately before receiving it. The patent is valid only for the paid period, then it is subject to renewal subject to payment; if this rule is not observed, the document ceases to be valid. The employee must pay the tax at the place of work; the funds go to the local budget of the region. Legal entities employing foreign citizens are required to calculate the total tax amount for the reporting period and reduce it by the amount of advance payments made. You must first obtain tax permission for these actions.

What does an employer need to hire a foreigner?

The employer must obtain documents from the foreigner. He is also obliged to notify the Ministry of Internal Affairs about the execution of an employment contract no later than 3 days (FMS Order No. 147 of June 28, 2010). This condition is regulated by Article 13 of the Law “On the Labor Status of Foreign Citizens”.

Notice form.

The employer also needs to pay attention to:

• the foreigner must have a residence permit, or temporary residence permit, or visa;
• work permit or patent;
• When applying for a job, EAEU citizens are required to present the same set of documents as Russians.

Don’t forget about the migrant’s education and special skills (including knowledge of the Russian language), if the job requires it.

Hiring a foreign citizen with a temporary residence permit in Russia

The admission of a foreigner who has a temporary residence permit in Russia is carried out in the same way as the admission of a citizen of a foreign state who has a residence permit here. However, it is worth noting that such an employee must annually confirm his status as a temporary resident with the migration service.

Employment of temporarily staying foreign citizens

It is this category of foreigners that, according to paragraph 1 of Article 2 of the law on the legal status of foreign citizens, belongs to foreign workers. The procedure for hiring them will depend on whether the foreigner needs a visa to enter Russia or not.

Documentation

All visiting foreigners are subject to migration registration. To be hired, a migrant must provide the following documents:

• passport or temporary residence permit, or residence permit;
• visa, work permit or patent (for citizens with a “temporary stay” status);
• work book (it can be purchased by both the migrant and the employer);
• certificate of insurance from the State Pension Insurance authority;
• medical insurance policy that is valid in Russia. But if the employer has agreed with a medical clinic (polyclinic) to provide the foreigner with paid health services, then this document is not needed;
• a diploma or any other document confirming the availability of education, qualifications or special skills needed for work.

A military ID is not required for visitors. But the employee must know the Russian language, the history of Russia and the basic laws of the Russian Federation.

Permission

A temporary residence permit is issued for three years. Moreover, every year you need to re-register it and pay a fee. A migrant with a temporary residence permit cannot voluntarily change his place of residence and work outside the boundaries of a constituent entity of the Russian Federation.

Patent

Starting from 2021, this document must be received by all visitors who do not have a migration card. For a patent, a migrant needs to pay about 4,500 rubles. The cost in each subject of the Russian Federation is different and depends on the length of stay in the country.

Resident card

A residence permit allows a migrant to live in Russia and legally work there for up to 5 years. When completing this paper, it will not be difficult for a foreigner to obtain Russian citizenship.

A citizen with a residence permit cannot vote in elections at all levels.

How to properly draw up an employment contract with a foreigner

When concluding an employment relationship with a foreign worker, it is necessary to follow the general requirements of the Labor Code of the Russian Federation. However, it is important to take into account additional conditions introduced specifically for such persons. Since there is no unified document template, its type and content are developed by the employer independently.

The employment contract stipulates everything that concerns the working and rest conditions of the subordinate, the rights and obligations of all those interested in the agreement.

In addition, the contract records data on the admission to work of a person from a foreign country. Let's consider all the conditions that need to be reflected in the employment contract.

General terms and conditions of the employment contract

The agreement between the subordinate and the employer is drawn up as follows:

1. First of all, fill out the header of the document:
   Full name of the applicant and name of the organization;
2. information about identification documents of the subordinate and the employer - an individual;
3. TIN (when necessary);
4. place and date of execution of the agreement.

   The employment contract must indicate the necessary information about the two parties

5. The following are the general provisions of the agreement:
   subordinate's place of work;
6. his professional responsibilities;
7. time frame of the contract (if it is urgent);
8. amount of remuneration for work;
9. work and rest schedule;
10. regulations on compulsory social insurance;
11. responsibility of the parties to the agreement;
12. grounds for terminating the agreement.

    Any employment contract must have a provision regulating the terms of remuneration of the employee

Special conditions for contracts with foreigners

Employment contracts with foreign citizens stipulate in detail the following:

1. Information on documents permitting his stay and work on the territory of the Russian Federation:
   name of the document (permit, patent, visa, residence permit);
2. place and date of its receipt;
3. for how long is it issued?
4. Profession recorded in the work permit.
5. Under what conditions can an employee be provided with medical care?
6. Conditions on health insurance.
7. The obligation of the employer to provide housing to the subordinate (if necessary).
8. Terms of payment for travel to and from work.
9. The employee’s obligation to notify the employer of a change in his legal status (including if the permit document expires).

If a foreigner does not speak Russian, the employment contract must be translated into his native language or into one that he speaks.

The employment contract specifies a document on the basis of which a foreigner can work on the territory of the Russian Federation

Step-by-step instruction

The complexity and financial costs of the employer depend on the status of the foreigner. Below are step-by-step instructions for hiring foreign citizens in 2021 for each of the 3 statuses.

For the visa

If the employee has a visa or will soon be issued one, then the employer must:

• notify the local employment center that its employee will be a foreigner. Next, you should wait for a response in the form of refusal or consent to engage the migrant in labor activities;
• also declare in writing to the Ministry of Internal Affairs the same as to the employment service;
• pay a tax of about 10,000 rubles per unit of labor;
• apply for a paper invitation to enter (submit to the Ministry of Internal Affairs).

It takes 12 days to issue an invitation. The employer pays 800 rubles to receive it. Next, submit a photograph and a copy of the migrant’s passport and an application.

Then the Ministry of Internal Affairs reviews the package of documents and gives permission. Then again you need to pay 3,500 rubles. And now an invitation is issued to a foreigner.

As soon as the migrant arrives, the employer must notify the Ministry of Internal Affairs a week in advance. Then comes the conclusion of an employment contract.

Without a visa

A foreign worker without a visa must do the following:

• apply for a labor patent;
• provide this document to the employer;

The employment contract is then signed by the two parties. The employer must report the conclusion of the contract to the Federal Migration Service.

Important! If the employee is a citizen of one of the EAEU countries (it includes Armenia, Belarus, Kazakhstan, Kyrgyzstan), then there is no need to issue a patent or temporary residence permit. A foreigner simply needs to have a document certifying the right to use housing, and use this paper to register at the place of residence.

When this document is not available, then you need to take a turn at the registration office at your place of residence.

RVP

A citizen with the status of a temporary residence permit must register at his place of residence if he has a document that confirms the right to use housing. Or register at your location.

A citizen with this status may not receive a work permit. All he needs to do is sign an employment contract with his employer. But the employee must have medical, pension and social insurance.

Employment of a temporarily staying visa-free foreigner

In order to hire a foreigner who does not have a visa, you will not need to obtain permission to attract and use foreign workers. However, in this case the foreigner himself will need a patent to work in Russia.

The patent form was approved by order of the Federal Migration Service of Russia dated December 8, 2014 No. 638. The cost of a work permit is calculated taking into account the region of work activity and the period.

Foreign citizens who get a job under a patent can only find work in those regions where it was issued. It should be taken into account that without a visa, such an employee can work in one company for no more than two years in a row. After this period, the foreign citizen will have to leave the territory of the Russian Federation and re-enter. Only then does he go to the authorized agency to obtain a new patent as a newly arrived foreigner.

In order to apply for a patent, a foreigner (or his authorized representative) must submit an application and a complete package of supporting documents to the Main Department of Migration Affairs of the Ministry of Internal Affairs of Russia. After checking the information provided, the applicant will be issued a permit document. Payment of fees and legality of stay in the country are recognized as mandatory conditions for the validity of a patent.

Important! In 2018, a work patent for foreign citizens is issued for a period of 1 month to a year. However, it can be extended for a period of one month.

The received patent can be extended, but this issue will need to be taken care of at least 10 days before the expiration of the document. The basis for increasing the period is the employer’s request.

If the patent has expired, then the contract with the foreign employee must be terminated or such employee must be temporarily suspended from performing official duties.

Foreigners who temporarily or permanently reside in Russia do not need to obtain a patent.

Citizens of the CIS countries (Belarus, Armenia, Kyrgyzstan and Kazakhstan) can work in our country without issuing any additional permits. This is provided for by the Treaty on the Eurasian Economic Union of May 29, 2014. A work patent is required for citizens of Abkhazia, Azerbaijan, Uzbekistan, and Ukraine.

The patent rule does not apply to citizens of the DPR, even those temporarily staying, since this category of applicants has refugee status and, in accordance with the law, should not buy a patent.

Government contributions

The amount of mandatory contributions depends on the status of the migrant:

• those permanently residing in Russia pay the Pension Fund, Social Insurance Fund, and Federal Compulsory Medical Insurance Fund;
• temporary residents pay FFOMS, 1.8% of salary, according to the company’s tariff in the Pension Fund;
• individuals from EAEU countries pay insurance taxes at the organization’s rate;

The personal income tax rate depends on the length of stay in the country:

Peculiarities

Not all foreigners are required to obtain a work permit. This document is not required:

• employees of embassies and consulates;
• employees from international organizations;
• journalists;
• students studying in Russia and wishing to earn extra money outside of class hours;
• teachers and scientists;
• employees of foreign companies, if it is necessary to repair equipment.

The full list of persons who do not need to be issued a work permit is specified in Federal Law No. 115, Article 13.

The difficulty of getting a job in Russia depends on the status of a foreigner. Visitors from the EAEU register for migration, but the conditions for employment are the same as for Russians.

It is more difficult for citizens with a visa to get a job. In order to hire such a migrant, an employer must fill out a package of documents and pay a lot.

Every foreigner is subject to duties. The amount of tax depends on the legal status and time of stay in Russia per year.

For hiring an illegal immigrant, the employer pays a large fine. It can reach up to 1,000,000 rubles for legal entities. persons and up to 70,000 rubles for individuals. faces.

The legislative framework

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