How to conclude an employment contract with a foreigner in the Russian Federation

Which foreign workers can be hired?

Foreign citizens are not deprived of the right to work in our country. Legislative norms set the conditions when employment is possible, and also provide rules for drawing up an employment contract with such subordinates.

Table: codes and laws regulating the employment of foreigners

The employer has the right to employ the following categories of foreign workers:

• immigrants from the EAEU (a simplified hiring procedure has been introduced for them);
• citizens of other countries permanently or temporarily residing in the Russian Federation (when hiring, special documents are requested from them)
• refugees or persons who have sought asylum in the Russian Federation (a document confirming refugee status is required);
• invited employees of the scientific and medical field;
• persons in the diplomatic service;
• journalists, etc.

A foreigner is prohibited from:

• get a job in the municipal service;
• sail on ships flying the Russian flag (both commercial and non-commercial shipping);
• be a member of the crew of a military aircraft;
• be hired by enterprises responsible for the country's defense capability and state security.

Recently, foreign persons have been allowed to enter into contracts for military service, but with certain restrictions.

When you can and when you can’t hire a foreigner

When hiring a foreign worker, the employer is guided by the provisions of the Labor Code of the Russian Federation. The conditions that an employer must fulfill in order to avoid fines are as follows:

• foreigner's age - 18 years and older;
• availability of a document legalizing the right to life and work in the Russian Federation;
• employment within the permitted limit in accordance with the type of activity;
• admission in accordance with documents confirming professional affiliation;
• hiring persons who have permission (patent) for work activities in the relevant subject (with the exception of some professions);
• timely (within 3 days) notification of the FMS about the admission (dismissal) of a foreigner.

A foreign worker cannot be employed:

• for municipal service;
• as part of the crew of a ship flying the State flag of Russia;
• as part of the crew of a warship or aircraft;
• as commander of a civil aircraft;
• to institutions that work in the field of national security;
• for vacancies for which it is prohibited to employ foreigners (sports, pharmacy);
• to engage in other activities, admission to which is limited by federal law.

Conditions and procedure for employment of foreign citizens

Domestic legislation sets certain conditions for hiring a person from another country, namely:

• the foreigner reaches the age of majority;
• hiring is carried out according to the profession that is recorded in the permit;
• the number of such subordinates should not exceed the established quota;
• You can hire applicants with a permit or patent to work in this region (or with another document when required).

A work permit on the territory of the Russian Federation is one of the documents required by foreigners during the period of employment

Procedure for hiring a foreigner:

1. The employer contacts the employment center to select employees (this is done at his discretion).
2. Responsible persons in the organization check the documents of those persons who wish to find employment in this organization (particular attention is paid to patents and work permits).
3. Next, general hiring documents are requested.
4. If all documents are completed correctly, the employer enters into an employment contract with the foreigners.
5. The employer informs the relevant authorities about the hiring of foreign workers.
6. Responsible employees of the organization (usually the human resources department) issue orders to hire new people.

What documents will be needed

Immigrants from other countries, depending on their status, present the following documents when applying for employment:

1. Temporarily staying:
   migration card;
2. work permit (patent);
3. temporary residence permit;
4. medical insurance;
5. visa (if necessary).

   In some cases, a foreigner must present a visa when applying for employment

6. Temporary resident:
   temporary residence permit;

   In order to be able to live on the territory of the Russian Federation for some time, a foreigner must obtain a temporary residence permit

7. medical policy.
8. Permanent resident:
   resident card;
9. medical policy.
10. Refugees:
    refugee certificate (sample form);
11. medical policy.
12. Citizens of the EAEU:
    passport of your state;
13. medical policy.
14. A highly qualified specialist presents a residence permit (if required by law).

    A foreigner who is a highly qualified specialist must present a residence permit when applying for employment

In addition, a person from a foreign state is required to present all the documents required by the Labor Code of the Russian Federation:

• a document that proves his identity (passport, residence permit, etc.);
• SNILS (if it is not available, the document is drawn up by the employer);
• certificate of education (if necessary);
• a certificate confirming no criminal record (if required);
• a Russian-style work book (if the employee does not have a book, the organization will have one).

In some cases, when employing a foreign citizen, a criminal record certificate may be required.

Medical insurance is usually issued by foreigners on their own. Work permits and patents are issued by the Ministry of Internal Affairs (in the territorial departments for migration issues). To do this, the foreigner must prepare the requested documentation.

A work patent is issued to a foreigner at the territorial department of the Ministry of Internal Affairs

A foreigner came for a vacancy: employer actions

If the vacancy does not specify that the job is provided exclusively to a citizen of the Russian Federation, it is not always possible to immediately determine that a foreigner has come to find a job. This fact “pops up” only when the applicant writes a job application to the HR department. In this case, the employer, if he is interested in hiring this candidate, will have to urgently find out his status. Without additional difficulties, foreign citizens temporarily and permanently residing in Russia are employed. If you have a candidate temporarily staying in the country, obtaining employment is a little more complicated.

Regular employment

Foreigners with a residence permit in Russia (RP) or a temporary residence permit (TRP) are employed according to the norms of the Labor Code of the Russian Federation on the same conditions as Russians. You just need to check the validity period of the documents allowing you to reside in the country and promptly notify the migration authorities about hiring a foreign worker (3 days). These are all the features of an employment contract with persons with temporary residence permits and residence permits, there are no others.

IMPORTANT!

From 01.11.2019, a residence permit is issued for an indefinite period. The residence permit is valid for 3 years without the possibility of extension.

A similar procedure applies to persons who arrived from countries that are members of the EAEU: Belarus, Kazakhstan, Armenia and Kyrgyzstan. They actually have equal rights with Russians. They do not require any additional work permits and have access to all social benefits. Kazakhs, Armenians, Belarusians and Kyrgyz are not subject to quotas for attracting foreigners in certain sectors of the economy, and their higher education diplomas are recognized in Russia without additional verification procedures. But if the diploma is written in a foreign language, you will need its translation into Russian with notarization.

Work permit

Persons who arrived in Russia with a visa need a work permit to work. Such a document is issued for a period of one year by the Ministry of Internal Affairs, which is responsible for migration issues. They also have the right to suspend the validity of the document or cancel it in relation to each specific foreigner.

Typically, the employer is involved in obtaining a work permit. This document states:

• employer's name;
• date of issue of the work permit;
• validity period of the document;
• indication of the territory where the employee is allowed to work.

Please note: if the candidate previously received a work permit and was employed under it, he must obtain a separate permit to work in the new organization. To attract foreigners, employers pay 10,000 rubles for each employee. Separately, they are issued an invitation to work and health insurance.

Patent for work

Temporarily staying foreign citizens who arrived visa-free work on the basis of a work patent issued by the Ministry of Internal Affairs. A foreign citizen issues a patent independently.

When hiring a foreign citizen on the basis of a patent, the employer checks its validity period and the territory where the employee is allowed to work. An organization located in one subject of the Russian Federation does not have the right to employ a foreign citizen whose patent is issued in another subject of the Russian Federation. To do this, a new patent should be issued in the region in which he plans to operate. The situation is similar with the work performed: the patent indicates the specialty in which a person is allowed to work. If it does not match, the employer refuses to hire you.

The cost of a patent depends on its validity period and the region where it was issued. A foreigner makes monthly advance payments in order to work. He still needs to take out a voluntary health insurance policy.

It is allowed to work under a patent for no more than two years in a row, after which the citizen leaves the Russian Federation, and then has the right to re-enter the country if he wants to continue working. It is necessary to notify the authorities authorized to resolve migration issues about employment under a labor patent. This must be done within three days from the date of employment, otherwise you will have to pay a fine.

This is what a sample employment contract with a foreign citizen under a patent looks like, regardless of the citizenship and nationality of the employee:

Highly qualified personnel

The legislation provides for special conditions when hiring highly qualified specialists (HQS) from abroad. They have certain preferences when applying for jobs in Russian companies.

The concept of a highly qualified specialist includes any foreign employees (both from visa and visa-free countries) who meet the conditions from paragraph 1 of Article 13.2 of Law No. 115-FZ:

• by skill level;
• according to the amount of wages (remuneration).

The characteristics of such citizens are given in the table:

The competence and level of qualification of a foreign specialist whom the employer plans to attract to work as a highly qualified person is assessed independently, based on the documents and information provided. The employer bears the risks associated with the results of this assessment.

For HQS, a work permit is issued for a period of up to three years with the opportunity to work in several regions of the Russian Federation. But there are a number of jobs for which they cannot be hired. Lists of such types of activities are given in Article 13.2 and Article 14 of Law No. 115-FZ.

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

Employment of persons with a residence permit or temporary residence permit

Everything happens according to the norms of the Labor Code of the Russian Federation, similar to the rules in force for residents of Russia, subject to a number of conditions. But there are also specific features of an employment contract with TRP persons. Thus, the employer must:

• check the validity period of residence permits and temporary residence permits;
• inform the FMS about the hiring of such an employee.

The same algorithm is established for those arriving from the EAEU countries: Belarus, Kazakhstan, Armenia, Kyrgyzstan. A blank form of employment contract with foreign citizens 2021 will suit you: Uzbekistan, Kazakhstan and other countries. They have practically equal rights with Russian citizens. They do not require additional approvals for hiring. These categories are provided with all social guarantees. They also do not fall under the quotas established in some industries for the admission of foreigners. Diplomas from these countries for higher education are recognized in the Russian Federation. The only thing you may need is a notarized translation of the education document into Russian.

Features of taxation of foreign citizens

Taxes must be paid not only by residents of the Russian Federation, but also by citizens of other states who have expressed a desire to work in our country. The tax rate for such persons will depend on their status.

Table: features of taxation of foreigners

Recruitment of highly qualified personnel

The legislator has established special conditions for specialists with a high qualification level.

In this category, in accordance with Art. 13.2 Federal Law No. 115-FZ, citizens are classified based on:

• skill level;
• salary amounts.

For a clear understanding of who is included in this category, specialists are distributed by income level and type of activity:

Such personnel can receive a work permit for up to 3 years and the right to work in several regions.

The employer must, in accordance with the documents and information provided:

• assess the employee’s belonging to the category;
• determine the level of competence.

Termination of an employment contract with a foreign citizen

There are the following grounds for dismissal of subordinates:

• common to everyone (regardless of the employee’s citizenship);
• relevant only to foreign workers.

General grounds for dismissing an employee:

• the term of the employment contract is coming to an end and the employer has no desire to renew it;
• the employed person quits of his own free will;
• termination of the contract is carried out by agreement of both parties;
• the employer expresses a desire to cancel the agreement;
• presence of other circumstances.

Additional grounds for dismissal of foreigners:

• the organization has exceeded the number of full-time foreigners;
• the organization’s permit to hire foreign citizens has expired;
• the employee’s work permit or patent has expired;
• The employed person’s VHI policy or other contract indicating the availability of health insurance has expired.

If the employer decides to terminate the employment relationship with a foreign worker, he must inform the FMS about this within 3 days from the date of termination of the contract.

If the employer decides to terminate the employment relationship with a foreign worker, he must notify the FMS about this

A separate document is drawn up for each dismissed foreigner.

Registration of a medical policy

By law, only those foreign citizens who have a VHI policy or another agreement on the provision of medical services in the country are allowed to work in Russia. Foreigners cannot be employed without health insurance. The legislation does not give an exact answer to the question of who provides such a VHI policy to an employee. The company does not have such an obligation, nor does the employee. In this case, experts suggest negotiating. If the parties are interested in a partnership and this is only hindered by the lack of a document on the provision of medical services, then it is better to come to an agreement rather than part forever.

Liability for violation of an employment contract with a foreigner

For violation of migration legislation, the employer is subject to administrative liability in accordance with the Code of Administrative Offenses of the Russian Federation.

Table: amount of fines for an employer for violating the law

Employment of foreign workers in the Russian Federation must be carried out in accordance with the rules of Russian legislation. The hiring procedure for such persons will differ from the standard one. In addition to the general documents presented by most potential employees, foreign citizens submit additional documents. The type of additional documentation will be influenced by the status of a person from another country. It is the responsibility of the employer who employs a foreigner to inform the FMS, the employment center and the tax service about their actions within the established time frame. For violation of an employment contract with a foreigner, he is brought to administrative responsibility.

• Author: ozakone
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What should an employer do?

Sometimes the fact that a new employee is a foreigner becomes clear during registration, when he brings the necessary documents to the personnel department. This is possible if the vacancy does not directly indicate that only a Russian is needed for the job. In this case, you will have to hire a foreigner; you won’t be able to reverse the move. Fortunately, you can download an employment contract for an employee who is a foreign citizen.

Employment options for migrants, depending on the categories to which they belong, may be the following:

• have a residence permit (residence permit) or temporary residence permit (TRP);
• no residence permit or temporary residence permit;
• patent work;
• highly qualified worker.

Before you download a free sample employment contract with a citizen of Kyrgyzstan in 2021 or another country, you need to understand the differences. Therefore, we will consider each option in more detail.

General list of documents

Like any employee, a foreigner must present to the employer the documents specified in Part 1 of Art. 65 Labor Code:

— passport or other identification document;

— work record book (except for cases when an employment contract is concluded for the first time or an employee starts working on a part-time basis);

— insurance certificate of compulsory pension insurance of the Russian Federation (SNILS);

- a document on education (qualifications or special knowledge), if required by the job;

— a certificate confirming the presence (absence) of a criminal record and (or) the fact of criminal prosecution or the termination of criminal prosecution on rehabilitative grounds, if required by this type of work activity. For example, persons who have or have had a criminal record or have been subject to criminal prosecution are not allowed to engage in teaching activities.

Note. The form and procedure for issuing a certificate are provided for by the Administrative Regulations of the Ministry of Internal Affairs of Russia, approved by Order of the Ministry of Internal Affairs of Russia dated November 7, 2011 N 1121.

When concluding an employment contract for the first time, the employer issues a work book and an insurance certificate of compulsory pension insurance for a foreign worker (Part 4 of Article 65 of the Labor Code of the Russian Federation).

Current position of the FMS: Law N 115-FZ does not regulate the issue of the duration of the employment contract

Some time ago, specialists from the Russian Federal Migration Service changed their point of view. In Letter No. MS-3/46033 dated October 22, 2013, they indicated that Law No. 115-FZ does not contain a special rule defining the term of an employment contract with a foreigner. Labor relations are regulated by the Labor Code. It is this normative act that should be followed when deciding on the duration of an employment contract with a foreign employee. Explanation of labor law norms is the competence of Rostrud (Article 356 of the Labor Code of the Russian Federation).

Transfer of information to the Ministry of Internal Affairs

When formalizing labor obligations with foreign citizens, the employer must remember that there are regulations on the provision of information to the migration services. Notification of regulatory authorities is carried out on a special form, which is approved by the Order of the Ministry of Internal Affairs.

The completed notice can be delivered in person, sent by mail or using electronic channels. When using the Internet, the notification must be certified with an electronic digital signature. In addition to the notification, the employer is not required to submit any other documents. But it must be remembered that if the notification is not sent, the organization may be subject to a fine of up to 800 thousand rubles. For Moscow and St. Petersburg, the amount of the fine can be increased to one million rubles.