Notifications about the conclusion and termination of the contract from A to Z

Why do you need to draw up a notice of dismissal of a foreigner?

In accordance with paragraph 8 of Art.
13 of the Law “On the Legal Status of Foreign Citizens” dated July 25, 2002 No. 115-FZ, Russian employers are required to notify the territorial internal affairs body both about the hiring of employees with foreign citizenship and about their dismissal. In case of violation of this norm, the employer faces an impressive fine - up to 800 thousand rubles. (clause 3 of article 18.15 of the Code of Administrative Offenses of the Russian Federation). For Moscow, the Moscow region, St. Petersburg, as well as the Leningrad region, the maximum amount of sanctions is even higher - up to 1 million rubles.

A notice of dismissal of a foreigner must be sent to the Department of Internal Affairs within 3 days from the date of termination of the employment (or civil) contract with him.

ConsultantPlus experts explained the nuances of dismissing a foreigner. Get trial access to the system and move on to the Ready-made solution.

Read about the specifics of hiring foreigners in this article .

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

Which notification form should you use in 2021?

The document must be drawn up in the form approved in Appendix 14 to the order of the Ministry of Internal Affairs of Russia dated June 4, 2019 No. 363. It is intended to indicate:

• the name of the territorial internal affairs body to which the document is sent;
• employer status (legal entity, individual entrepreneur, lawyer, just an individual, etc.), its name (full name), OGRN, INN, KPP, main OKVED, address, telephone;
• surname, name, patronymic of a foreign citizen;
• his citizenship;
• date and place of birth (country, locality) - the place is indicated if such information is available;
• name, series, number, date of issue of the employee’s identity document, as well as the name of the organization that issued the document;
• numbers and dates of issue of a citizen’s migration card;
• addresses and dates of registration / registration of the employee;
• information about a foreign citizen’s work permit or the patent he owns (if any) - the name of the document, its series, number, date of issue and name of the issuing authority, validity period;
• information about international agreements, according to which a citizen may not have a work permit in the Russian Federation;
• profession of a foreign worker in accordance with OKSO, OKPDTR, OKZ;
• the type of document establishing the legal relationship between a foreigner and a Russian employer (employment contract, civil contract);
• date of dismissal of the employee;
• notes that legal relations with the Russian employer were terminated on the initiative of a foreigner (or, conversely, not on his initiative);
• date of document preparation;
• Full name of the employer's representative;
• number of the power of attorney by which the notification is transmitted to the Federal Tax Service (if a power of attorney is used), full name and passport details of the authorized person.

The notice must be signed by the employer's representative or his authorized representative.

To learn about the rules governing the procedure for taxing the income of foreigners with insurance premiums, read the material “Insurance premiums for foreigners in 2021 - 2020” .

Form for notification of termination of a contract with a foreign citizen

The form for notification of termination of an employment contract or a civil service agreement with a foreigner is enshrined in Appendix 14 to Order of the Ministry of Internal Affairs dated June 4, 2019 No. 363. Unlike previous versions of the notification to the Ministry of Internal Affairs (FMS), the new form now has 4 pages.

First page

Second page

Third page

Fourth page

Form for notification of termination of an employment contract (GPA) with a foreign citizen

Results

To avoid a large fine, an employer who had an employment relationship with a foreign citizen must notify the internal affairs authorities of his dismissal. To do this, you should use a special form that is approved by the Ministry of Internal Affairs.

Sources:

• Federal Law of July 25, 2002 No. 115-FZ
• Code of Administrative Offenses of the Russian Federation

You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

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.

What can an employer do when dismissing a foreigner?

Since a citizen of another country lives on the territory of the Russian Federation, he has the right to get a job and quit it in accordance with the labor code. He has exactly the same rights as Russian citizens. To hire a foreigner, the employer must take into account Federal Law No. 115, which contains a complete list of documents required for employment by a citizen, as well as the specifics of regulating labor relations.

If the management of a company in which a foreigner works needs to dismiss him, then it can do this on a general basis, according to the Labor Code of the Russian Federation, or under special circumstances that do not apply to Russians.

Special reasons for dismissing a foreigner

In addition to the cancellation of a residence permit, temporary residence permit, work permit or upon expiration of their validity, there is a list of other special reasons for dismissal. It is important for the employer to correctly formalize the procedure for terminating the contract in the presented situations.

How to fire a foreigner if he has left

Some individuals may simply leave for their home country and not inform the organization of the reasons for such action. Then the employer should either fire the employee for absenteeism in the general manner, or wait for the expiration of the temporary residence permit, residence permit, work permit, patent, then wait 1 month and issue a dismissal order (clause 13 of article 327.6 of the Labor Code of the Russian Federation).

Expiration of the work permit

The validity period of a work permit may expire, because this document is usually issued for 1 year. In this case, the instructions for the employer are as follows: first, he removes the foreigner from work (paragraph 3 of Article 327.5 of the Labor Code of the Russian Federation), then, after a month, if the permit has not been extended, the contract is terminated.

Failure to pay for a patent, patent delay

An employer can dismiss a foreigner if the patent has expired, on the grounds specified in paragraph 2 and paragraph 5 of Art. 327.6. Labor Code of the Russian Federation.

In case of non-payment of personal income tax in the form of a fixed advance payment, the patent ceases to be valid automatically from the 1st day of the next month (Part 5, Article 13.3. Federal Law No. 115). Accordingly, the employer makes an actual dismissal 1 month after this event.

How to terminate an employment contract with a foreign worker?

In order to terminate an employment contract with a foreigner, the employer is obliged to issue a corresponding order and bring it to the attention of the employee. At the same time, compelling reasons for dismissal are required, such as:

• committing theft in the workplace;
• appearing drunk;
• failure to complete work (in this case disciplinary sanctions must be applied).

Based on Article No. 8 of Federal Law-115 , the employer is obliged to transfer information about the dismissal of a foreigner to the migration service at the location of the LLC.

If the patent has expired

A migration patent is a document confirming the right of foreigners to carry out work activities on the territory of the Russian Federation. The document is mandatory for employment, for which the employer is responsible. If the policy has expired, the head of the LLC is obliged to suspend the employee from work until the document is restored.

If within one month the employee does not draw up new papers, then the company must terminate the employment relationship with the foreigner, on the basis of Chapter No. 13 of the Labor Code of the Russian Federation.

By mutual agreement of the parties

An employment contract with a foreigner can be terminated by agreement of the parties. The initiator can be either an employer or an employee of the enterprise, but voluntary consent is required. The parties should discuss the terms of dismissal, such as:

• date of termination of the ITD;
• amount of monetary compensation;
• additional payments (for example, severance pay), etc.

The agreement of the parties is documented in two copies.

Sample order

According to the Civil Code of the Russian Federation, upon dismissal of any full-time employee, regardless of the reason and grounds, the employer is obliged to issue an order to terminate the ITD.

The order is issued in accordance with the approved protocol at the enterprise. The text of the document must indicate the following:

• Full name of the general director;
• serial number of the protocol;
• Full name, employee position;
• description of the violation of the working charter;
• reference to a legislative act;
• amount of disciplinary sanction;
• reason for dismissal, date;
• signature of the head of the LLC, seal of the organization.

The order is brought to the attention of the employee against signature.

order to dismiss a foreign employee here:

Sample and form of notification

If the employer cannot notify the employee of dismissal in a timely manner, the order is sent to the foreigner by mail together with a notice of termination of the ITD.

The notice is drawn up in writing in any order with the obligatory indication of:

• reasons for dismissal;
• the employee’s right to challenge dismissal in court;
• the amount of due payments;
• procedure for calculating monetary compensation.

The employee is notified of the upcoming dismissal within 2 weeks, but no later than 3 days before the occurrence of the circumstances.

Notice of dismissal of a foreign employee: sample and form 2021.