A foreign citizen has a job on a migration card. Work in Russia for foreigners, restrictions and legal requirements. Legislative framework for hiring foreign citizens

What mandatory information must be specified in an employment contract with a foreign employee? What documents must a foreigner present when applying for employment? Is it necessary to check the authenticity of documents when hiring a foreigner? What are the nuances of temporary transfer of a foreign worker? In what cases is an employer obliged to suspend a foreign employee from work? What are the features of calculating personal income tax and insurance contributions from payments to foreign employees?

The rules for attracting foreign workers to perform work in Russia are established by Art. 13 – 13.6 of the Federal Law of July 25, 2002 No. 115-FZ “On the legal status of foreign citizens in Russian Federation"(hereinafter referred to as Federal Law No. 115-FZ).

For your information: An organization can employ foreign citizens if it has permission to attract foreign labor.

According to paragraph 4 of Art. 18 of Federal Law No. 115-FZ, permission to attract and use the labor of foreign workers is issued for a period of one year. Currently in effect:

Order of the Ministry of Internal Affairs of the Russian Federation dated November 1, 2017 No. 827, which approved the Administrative Regulations of the Ministry of Internal Affairs for the provision of public services on issuing permits for the attraction and use of foreign workers, as well as work permits for foreign citizens and stateless persons;

Order of the Ministry of Internal Affairs of the Russian Federation dated June 19, 2017 No. 392, which approved the forms of permit forms and applications submitted in connection with the registration and issuance of the said permit or amendments to the information contained therein.

Article 13 of Federal Law No. 115-FZ provides that without permission to attract and use foreign workers, you can hire:

foreign citizens from visa-free countries (clause 1, clause 4.5);

highly qualified specialists (clause 2, clause 4.5). The procedure for attracting such specialists to work is established in Art. 13.2 of Federal Law No. 115-FZ;

foreign workers who have the status of permanently or temporarily residing in the Russian Federation (clause 1, clause 4);

refugees - until the loss or deprivation of this status (paragraph 11, paragraph 4);

foreign citizens who have received temporary asylum on the territory of the Russian Federation (clause 12, clause 4).

Features of the regulation of labor of workers - foreign citizens and stateless persons are prescribed in Chapter. 50.1 Labor Code of the Russian Federation.

According to Art. 327.1 of the Labor Code of the Russian Federation, labor relations between such employees and the employer are subject to the rules established by labor legislation and other acts containing labor law norms. The exception is cases when, in accordance with federal laws or international treaties of the Russian Federation, labor relations with employees who are foreign citizens or stateless persons are regulated by foreign law. It should also be borne in mind that when recruiting workers from member states of the EAEU to work, one must be guided by Art. 97 of the Treaty.

For your information: unless otherwise established by federal laws, foreign citizens and stateless persons have the right to enter into labor relations as employees upon reaching the age of 18.

As a general rule, it is concluded between a foreign employee and the employer for an indefinite period, and the conclusion of a fixed-term employment contract is allowed in cases set forth in Art. 59 of the Labor Code of the Russian Federation (Part 5 of Article 327.1 of the Labor Code of the Russian Federation).

Note. An employment contract between a foreign citizen or stateless person and an employer cannot be concluded if this is prohibited by federal laws or international treaties. In particular, foreign citizens and stateless persons cannot:

hold the positions of captain of a ship, chief mate of a ship, chief engineer and radio specialist of a ship sailing under the State Flag of the Russian Federation (Merchant Shipping Code);

work in departmental security (Federal Law of April 14, 1999 No. 77-FZ “On Departmental Security”);

hold the position of bailiff (Federal Law of July 21, 1997 No. 118-FZ “On Bailiffs”).

Peculiarities of concluding an employment contract with a foreign employee

The information that an employment contract must contain is listed in Part 1 of Art. 57 Labor Code of the Russian Federation. Along with this information, the employment contract with a foreign employee must indicate (Article 327.2 of the Labor Code of the Russian Federation):

when concluding an employment contract with a foreign citizen or stateless person temporarily staying in the Russian Federation - information about a work permit or patent issued in accordance with the legislation on the legal status of foreign citizens in the Russian Federation (except for cases established by federal laws or international treaties of the Russian Federation);

when concluding an employment contract with a foreign citizen or stateless person temporarily residing in the Russian Federation - information about a temporary residence permit in the Russian Federation issued in accordance with the legislation on the legal status of foreign citizens in the Russian Federation (except for cases provided for by federal laws or international treaties of the Russian Federation);

when concluding an employment contract with a foreign citizen or stateless person permanently residing in the Russian Federation - information about the residence permit issued in accordance with the legislation on the legal status of foreign citizens in the Russian Federation (except for cases specified by federal laws or international treaties of the Russian Federation).

It should be noted that employers can hire foreign citizens only for the position specified in the patent. Moreover, according to Part 15 of Art. 13.3 of Federal Law No. 115-FZ, if it is necessary for a foreign citizen to carry out labor activities in a profession (specialty, position, type of labor activity) not specified in the patent, he has the right to apply to the territorial body of the federal body executive power in the field of migration, who issued the patent, to make appropriate changes to the information contained in such a patent.

For your information: according to Art. 97 of the Treaty, workers of the EAEU member states do not need to obtain permission to carry out labor activities in the state of employment (clause 1). Their labor activity is regulated by the legislation of the state of employment, taking into account the provisions of the specified agreement (clause 4). This means that when hiring citizens from EAEU member countries (Belarus, Kazakhstan, Armenia, Kyrgyzstan), contracts with them are concluded according to the general rules provided for by the Labor Code of the Russian Federation (similar to the rules established for Russian citizens). In Russia, these foreigners do not need to obtain a work permit or patent.

Along with the conditions provided for in Part 2 of Art. 57 of the Labor Code of the Russian Federation, mandatory for inclusion in an employment contract with a foreign employee who is temporarily staying in the Russian Federation (except for cases established by federal laws or international treaties of the Russian Federation), is a condition indicating the grounds for providing such an employee medical care during the validity period of the employment contract, including details of the VHI agreement (policy) or the agreement concluded by the employer with a medical organization on the provision of paid medical services to such an employee. The VHI agreement (policy) or the specified agreement must ensure the provision of primary health care and specialized medical care to the employee in an emergency manner.

What documents must a foreigner present when applying for employment?

Documents that, along with the documents provided for in Art. 65 of the Labor Code of the Russian Federation, a foreigner must present to the employer when applying for a job, are listed in Art. 327.3 Labor Code of the Russian Federation.

	Documentation
Temporarily staying in the Russian Federation	A VHI agreement (policy) valid on the territory of the Russian Federation, with the exception of cases where the employer enters into an agreement with a medical organization to provide paid medical services to the employee. In Letter No. 16-4/B-465 dated September 26, 2016, the Ministry of Labor expressed the opinion that the validity period of the VHI policy presented by a foreign citizen when concluding an employment contract should be no less than the validity period of the employment contract
Temporarily staying in the Russian Federation	Work permit or patent. A work permit can be presented by a foreigner to an employer after they have concluded an employment contract, if an employment contract concluded and executed in accordance with the Labor Code of the Russian Federation is necessary to obtain a work permit. In this case, the employment contract comes into force no earlier than the day the foreign citizen or stateless person receives a work permit, and information about the work permit is entered into the employment contract in the manner prescribed by Part 3 of Art. 57 Labor Code of the Russian Federation
Temporarily residing in the Russian Federation	Temporary residence permit in the Russian Federation, except for cases provided for by federal laws or international treaties of the Russian Federation
Permanently residing in the Russian Federation	Residence permit, except for cases stipulated in federal laws or international treaties of the Russian Federation

For your information: Foreigners are not required to present military registration documents to the employer, except in cases established by federal laws or international treaties of the Russian Federation, decrees of the President of the Russian Federation, and decrees of the Government of the Russian Federation.

When hiring a foreigner, should an employer check the authenticity of his documents?

The Ministry of Labor, in Letter No. 14-2/B-966 dated December 4, 2018, confirmed that the Labor Code does not establish the employer’s obligation to verify the authenticity of documents that a foreign citizen presents when applying for employment.

Department officials indicated that a person who presents fake documents faces criminal liability. In accordance with Part 3 of Art. 327 of the Criminal Code of the Russian Federation, the use of a knowingly forged document is punishable by:

or a fine of up to 80,000 rubles. or in size wages(other income) of the convicted person for a period of up to six months;

or compulsory work for up to 480 hours;

or correctional labor for up to two years or arrest for up to six months.

At the same time, the organization may be brought to administrative liability under Art. 18.15 of the Code of Administrative Offenses of the Russian Federation for hiring a foreigner in violation of the requirements of migration legislation when the employee is found to have a fake work permit. This position is confirmed by decisions of the Leningrad Regional Court dated June 26, 2012 No. 7-320/2012, 7-316/2012.

Let us remind you that according to Part 1 of Art. 18.15 Code of Administrative Offenses of the Russian Federation, attraction to work in the Russian Federation foreign citizen or a stateless person in the absence of a work permit or patent, if such a permit or patent is required in accordance with federal law, or the involvement of a foreigner in labor activities in the Russian Federation in a profession (specialty, position, type of work activity) not specified in the permit for work or a patent, if they contain information about the profession (specialty, position, type of work activity), or the involvement of a foreigner in work activities outside the boundaries of the subject of the Russian Federation, on the territory of which he was issued a work permit, patent or temporary residence permit, entails the imposition of an administrative fine in the amount of:

for citizens – from 2,000 to 5,000 rubles;

for officials - from 25,000 to 50,000 rubles;

on legal entities– from 250,000 to 800,000 rubles. (or administrative suspension of activities for a period of 14 to 90 days).

Taking this into account, it is better to check the authenticity of the documents that a foreigner presents when applying for a job.

For your information: for getting reference information about the validity of patents and work permits, you can use a special service (http://services.guvm.mvd.rf/info-service.htm?sid=2060). The response to the request will be for informational purposes only. To obtain legally significant official information, you should contact the territorial division of the Ministry of Internal Affairs.

What are the nuances of temporary transfer of a foreign worker?

The general procedure for temporary transfer to another job is regulated by Art. 72.2 of the Labor Code of the Russian Federation, and Art. 327.4 Labor Code of the Russian Federation.

In cases provided for in Parts 2 and 3 of Art. 72.2 of the Labor Code of the Russian Federation, a temporary transfer of a foreign worker for a period of up to one month to a job not stipulated by an employment contract with the same employer is permitted without taking into account the profession (specialty, position, type of work activity) specified in the work permit or patent on the basis of which such employee carries out labor activities, and no more than once during a calendar year.

For your information: by virtue of Part 2 of Art. 72.2 of the Labor Code of the Russian Federation, it is allowed to transfer an employee without his consent to prevent (eliminate the consequences) of a natural or man-made disaster, industrial accident, industrial accident, fire, flood, famine, earthquake, epidemic or epizootic, and in any exceptional cases that threaten life or normal living conditions of the entire population or part of it. It is also allowed to transfer an employee without his consent in case of downtime (temporary suspension of work for reasons of economic, technological, technical or organizational nature), the need to prevent destruction or damage to property or the replacement of a temporarily absent employee, if downtime or the need to prevent destruction or damage to property or temporary replacement absent employee due to emergency circumstances (Part 3 of Article 72.2 of the Labor Code of the Russian Federation).

If, at the end of the temporary transfer period, the foreign employee cannot be given his previous job, the employment contract with him is terminated under clause 10, part 1, art. 327.6 Labor Code of the Russian Federation. An employment contract with a foreigner is also terminated if he is unable to perform the work stipulated by the employment contract due to emergency circumstances, and a temporary transfer is no longer possible (clause 11 of this part).

What are the specifics of removing a foreign worker from work?

Cases when an employer is obliged to remove an employee from work (not allow him to work) are listed in Art. 76 Labor Code of the Russian Federation. In addition, according to Art. 327.5 of the Labor Code of the Russian Federation, the employer must remove from work an employee who is a foreign citizen or stateless person in the following situations.

Status of a foreign citizen (stateless person)	Cases of suspension from work (non-admission to work)
Temporarily staying in the Russian Federation	Suspension of validity, expiration of the permit to attract and use the labor of foreign workers
	Expiration of the validity period of a work permit or patent, except for cases established by federal laws or international treaties of the Russian Federation
	Expiration of the validity period of a VHI agreement (policy) on the territory of the Russian Federation or termination of an agreement concluded by an employer with a medical organization on the provision of paid medical services to a foreign employee, which ensure the provision to such an employee of primary health care and specialized medical care in an emergency form
Temporarily residing in the Russian Federation	Expiration of the temporary residence permit in the Russian Federation, except for cases established by federal laws or international treaties of the Russian Federation
Permanently residing in the Russian Federation	Expiration of the validity period of a residence permit in the Russian Federation, except for cases provided for by federal laws or international treaties of the Russian Federation

What is the procedure for assessing personal income tax on payments to foreign employees?

The Ministry of Finance in Letter No. 03-01-11/30449 dated 05/07/2018 noted that, in accordance with paragraph 1 of Art. 207 of the Tax Code of the Russian Federation, personal income tax payers are recognized as individuals who are tax residents of the Russian Federation, as well as individuals receiving income from sources in the Russian Federation who are not tax residents of the Russian Federation.

Remuneration for the performance of labor or other duties, work performed, service rendered, action performed in the Russian Federation for tax purposes refers to income received from sources in the Russian Federation (clause 6, clause 1, article 208 of the Tax Code of the Russian Federation). Consequently, individuals - citizens of foreign states who receive remuneration for the performance of labor or other duties, work performed, service rendered, or action performed in the Russian Federation - are taxpayers.

The personal income tax rate for a foreign worker is (Article 224 of the Tax Code of the Russian Federation):

for a foreigner who is a tax resident of the Russian Federation – 13% (clauses 1, 3);

for a foreigner who is not a tax resident of the Russian Federation – 30% (clause 3).

At the same time, an exception is provided for certain categories of foreign workers: a rate of 13% for remuneration for performing work duties is applied without obtaining the status of a tax resident of the Russian Federation (Article 73 of the Treaty, paragraph 3 of Article 224 of the Tax Code of the Russian Federation). This rule applies to:

citizens of the EAEU member states. Confirmation of the employee's status by the tax authority is not required (letters of the Federal Tax Service of the Russian Federation dated June 10, 2015 No. OA-3-17/2276@, dated April 30, 2015 No. OA-3-17/171811@). Wherein tax deductions do not apply until the moment of obtaining the status of a tax resident of the Russian Federation (clause 4 of Article 210 of the Tax Code of the Russian Federation, Letter of the Ministry of Finance of the Russian Federation dated June 15, 2018 No. 03-04-05/40970);

foreigners – highly qualified specialists (Letter of the Ministry of Finance of the Russian Federation dated October 8, 2018 No. 03-04-06/72202). At the same time, personal income tax at a rate of 30% must be withheld if the income is not recognized as wages (Letter of the Ministry of Finance of the Russian Federation dated 08/07/2018 No. 03-04-06/55674);

refugees and persons granted temporary asylum (Letter of the Ministry of Finance of the Russian Federation dated April 1, 2016 No. 03-04-06/18552);

foreigners temporarily staying in the Russian Federation working on the basis of a patent;

participants of the State program to assist the voluntary resettlement to Russia of compatriots living abroad and members of their families;

crew members of ships flying the State Flag of the Russian Federation.

What are the features of calculating and paying insurance premiums on the income of foreign workers?

As a general rule, the object of taxation with insurance contributions is payments and other remuneration in favor of individuals subject to compulsory social insurance in accordance with federal laws on specific types of compulsory social insurance (clause 1, clause 1, article 420 of the Tax Code of the Russian Federation).

The imposition of insurance premiums on payments in favor of foreign citizens and stateless persons depends on their legal status (Article 7 of the Federal Law of December 15, 2001 No. 167-FZ, Part 1 of Article 2 of the Federal Law of December 29, 2006 No. 255-FZ, Part 1 Article 10 of the Federal Law of November 29, 2010 No. 326-FZ).

All payments in favor of foreign citizens and stateless persons permanently or temporarily residing in the territory of the Russian Federation are subject to insurance premiums in accordance with the generally established procedure.

For your information: payments in favor of employees - highly qualified specialists, permanently or temporarily residing in the territory of the Russian Federation, are subject to only insurance contributions for compulsory pension insurance and compulsory social insurance in case of temporary disability and in connection with maternity.

Payments in favor of foreign citizens and stateless persons temporarily staying in the territory of the Russian Federation are subject to insurance contributions only for compulsory pension insurance and compulsory social insurance in case of temporary disability and in connection with maternity (Clause 1, Article 7 of Federal Law No. 167- Federal Law, Part 1, Article 2 of Federal Law No. 255-FZ, Part 1, Article 10 of Federal Law No. 326-FZ).

For your information: if an international treaty of the Russian Federation establishes rules and norms other than those provided for by the Tax Code of the Russian Federation and normative legal acts adopted in accordance with it, the rules and norms of international treaties of the Russian Federation are applied (letter of the Federal Tax Service of the Russian Federation dated November 22, 2017 No. GD-4-11/26208@ , dated September 25, 2017 No. GD-4-11/19258@).

With regard to payments in favor of foreign citizens temporarily staying in the Russian Federation (with the exception of highly qualified specialists), the tariff of insurance contributions for compulsory social insurance in case of temporary disability and in connection with maternity is applied in the amount of 1.8% (within the established limit value bases for calculating insurance premiums) (clause 2, clause 2, article 425, clause 2, article 426 of the Tax Code of the Russian Federation, clause 7, article 1, clause 3, article 5 of the Federal Law of 03.08.2018 No. 303-FZ) .

Payments in favor of employees - highly qualified specialists temporarily staying on the territory of the Russian Federation are not calculated (clause 1, clause 1, article 420 of the Tax Code of the Russian Federation, clause 1, article 7 of Federal Law No. 167-FZ, part 1, article 2 of the Federal Law Law No. 255-FZ, Part 1 Article 10 of Federal Law No. 326-FZ, letter of the Federal Tax Service of the Russian Federation dated November 22, 2017 No. GD-4-11/26208@, Ministry of Finance of the Russian Federation dated August 1, 2018 No. 03-04-06/54287 ).

For your information: payments in favor of persons recognized as refugees, persons who have received a certificate of consideration of an application for recognition of them as refugees, and persons who have been granted temporary asylum, as well as persons who are citizens of the EAEU member states, are subject to insurance contributions for all types of compulsory social insurance (Article 1, 4, 6, 8, 12 of the Federal Law of February 19, 1993 No. 4528-1 “On Refugees”, clause 5 of Article 96 of the Treaty, clause 1 of Article 7 of the Federal Law No. 167-FZ, part 1 of Art. 2 of Federal Law No. 255-FZ, Part 1, Article 10 of Federal Law No. 326-FZ).

Hiring foreign citizens

Probably, as an entrepreneur, you have already repeatedly encountered difficulties with official registration when hiring a foreign citizen. It is even possible that now employing foreigners is an incredibly difficult process for you. However, you should not try to resolve this issue through informal registration, as this can become a real problem for you with huge financial losses. This article is devoted to the topic of hiring foreign citizens in 2017.

Rules for hiring foreign citizens in 2019

Hiring foreign citizens today is widespread in several sectors of the Russian economy. We are talking about the manufacturing sector, construction, housing and communal services and many others. This is due to a number of reasons:

savings Money going to pay wages: foreign citizens agree to a lower rate than Russians;

there is a difference in the mentality of foreigners and Russians, which explains the responsibility and hard work of most refugees and ordinary foreign watchmen.

However, the government regulates the labor market, preventing the official hiring of foreign citizens by Russian companies. If an entrepreneur wants to hire a foreigner, he must perfectly understand all the intricacies of this process. In 2019, they affect certain categories of citizens of other countries.

Foreigners with a residence permit who have permanent housing on Russian territory. These people can easily receive official registration when applying for a job in the same manner as a person with Russian citizenship. At the same time, hiring a foreign citizen with a residence permit occurs without permission and a patent. A foreigner will be provided with the same guarantees as a Russian citizen. It will only be important for the entrepreneur to check the validity period of the residence permit and notify the Ministry of Internal Affairs about official reception for the work of a foreign citizen in accordance with paragraph 8 of Article 13 of Federal Law No. 115-FZ “On the legal status of foreign citizens in the Russian Federation”.

They can also obtain official employment without additional documentation. They, like foreigners with a residence permit, will not need a permit or patent. When hiring a foreign citizen with a temporary residence permit, an entrepreneur is obliged to inform the Ministry of Internal Affairs about this. It is also important to take into account the fact that a citizen of another country with a temporary residence permit can engage in labor activities exclusively in the territory where this document is issued. However, according to Order of the Ministry of Health and Social Development of Russia dated July 28, 2010 No. 564n, there are exceptions in connection with which a foreign citizen with temporary residence can work in other regions.

Foreigners with a temporary residence permit, but without a visa are required to have a patent with them for official registration of work. This documentation will not be needed for those citizens who live in the Russian Federation on a permanent or temporary basis, as well as residents of the EAEU countries. In 2019, a patent for employing foreign citizens without a visa is valid for one year; it is not prohibited to extend it for a period of one month or more. An officially employed resident of another country whose patent has expired may be temporarily deprived of work by an entrepreneur until the document is reissued. Its re-registration can only take place once for a period of up to one year. The price of a patent in each locality is individual and depends on the coefficient entered for the given region. In 2019, the rate of the fixed preliminary payment, taking into account the deflator coefficient, is 1947.6 rubles, it should be adjusted to the regional coefficient. When hiring a foreign citizen, it is important to keep in mind that he can only work in the region in which he was issued a patent.

Foreigners are citizens of the EAEU. The hiring of foreign citizens of the EAEU countries in 2019 takes place on the same basis as residents of Russia. This category of foreigners has every chance of finding employment outside of migration registration and living in the Russian Federation for the full duration of a specially issued employment contract. However, in any case, it is very important for the employer to inform the Ministry of Internal Affairs about hiring a foreign citizen of the EAEU countries.

Visa foreigners with temporary stay. Hiring foreign citizens with a visa and temporary residence in the Russian Federation is more problematic. After the entrepreneur is allowed by the Ministry of Internal Affairs to hire a foreigner, he still needs to fill out a request for an invitation from the Ministry of Internal Affairs to issue a resident of another country to the Russian Federation. As an addition to the main documentation, a copy of the passport of a citizen of another country and a letter of authorization from the company are attached. This letter testifies to the entrepreneur’s obligations when hiring a foreign citizen to provide him with medical insurance, housing and means of subsistence. When an employee is in the work area and enters into an employment contract with the company, he will need to report this procedure to the Ministry of Internal Affairs.

It is also necessary to understand that hiring foreign citizens is successful only if they have a license to carry out labor activities on the territory of the Russian Federation. There are two types of tolerance:

permission to employ foreign citizens with a visa;

labor patent for foreign citizens without a visa and refugees.

How to correctly send a notice of hiring a foreign citizen

An entrepreneur must notify the Federal Migration Service of the Russian Federation about hiring a foreign citizen (we are not talking about the tax service, since this obligation of the employer was canceled on January 1, 2015 after the adoption of amendments to 115-FZ).

In the event of concluding an employment and/or civil law agreement when hiring a foreign citizen, a legal entity should notify the regional department of the former Federal Migration Service no later than three working days, which since July 1, 2016 has been transferred under the leadership of the Ministry of Internal Affairs and is currently called the General Directorate for Migration Issues (GUVM).

A notice of hiring a foreign citizen is issued individually for each person.

According to Federal Law No. 115 (with additions dated 04/06/2015), both the employer and the foreigners themselves have this obligation, for whom it is important to inform about their employment within two months from the date of receipt of the labor patent/work permit.

If the procedure for notifying municipal authorities about the hiring of a foreign citizen is violated, the legislation (Part 4 of Article 18.15 of the Code of Administrative Offenses) provides for the following penalties in the form of a fine:

citizens in the amount of five to seven thousand rubles;

employees of the enterprise in the amount of 35 to 70 thousand rubles;

company (individual entrepreneur) in the amount of 400 thousand to 1 million rubles, or administrative temporary termination is possible entrepreneurial activity for a period of 14 to 90 days.

Fines have also been introduced in case violations are identified in filing applications for employment of foreign citizens.

Russian legislation provides for the following options for sending notifications.

Bring it in person and submit it to the GUVM department in paper form. The GUVM employee who receives the documentation must check the correctness of completion and accuracy of the information contained. For a successful procedure, it is important to take with you documents confirming the authority and identity of the notifier.

Send to postal address. The shipment must be issued in a valuable letter, to which must be added a list of the contents and two copies of the delivery receipt. One of them (with a tear-off part) will remain in the post office for a year, while the other will be sent to the Main Directorate for Migration. After delivery of the letter, you will be given a part of the form with a receipt mark, which is considered confirmation of the prompt execution of the notification of the Main Directorate of Migration and Migration adopted by law about the hiring of a foreign citizen.

Send by email, if the GUVM office in your region provides such an opportunity.

Although with some difficulties, you can send it using the municipal services website.

Notice of employment of a foreign citizen, sample filling

It is important to fill out the notification in Russian letters in clear handwriting. Forms with various strikethroughs, corrections, and omissions are invalid. Information about a foreign citizen, which is written in his passport in Latin letters, is also allowed to be copied into the form in Latin letters.

To correctly fill out the notification form for hiring a foreign citizen, it is important to enter the following information:

About the employer:

name and form of ownership (if we are talking about individual- FULL NAME.);

status (legal entity, individual entrepreneur etc.);

number in the Unified State Register of Legal Entities;

code of main activity according to OKVED;

if yes, then checkpoint and tax identification number;

legal address and telephone number.

About the employee:

full name, date and place of birth;

citizenship;

information from your identity card;

number and validity period of the migration card;

patent number or work permit number;

registration address at the location and date of registration;

specialty and other information about future work;

the nature of the contract (labor or civil law).

An application for employment of a foreign citizen must be signed and certified with the company seal. If we are talking about an electronic application, then the signature will be electronic.

If the contract is terminated for any reason, this must also be stated in the notice. In case of dismissal of a foreign citizen, it is necessary:

issue a notice of dismissal of an employee;

certify the document with the seal of the enterprise;

send a notification to the Main Directorate for Migration.

This procedure must take place within three days from the end of the foreigner’s work activity. These conditions apply individually to each of the dismissed employees.

How foreign citizens are hired: instructions with explanations

1. First of all, find out the status of a foreign citizen. The procedure for hiring a foreign citizen begins with determining his status in Russia:

temporarily staying on the territory of Russia - a foreigner who arrived in the Russian Federation with or without a visa and lives in the country on the basis of a patent or work permit;

temporarily residing on the territory of Russia - a foreigner with a temporary residence permit, which is valid for three years from the date of issue;

permanently residing in Russia - a foreigner with a residence permit, which is issued for five years in accordance with the conditions of the EAEU.

2. Check all migration documents.

When hiring a foreign citizen who is a migrant from a state with a visa regime, you will need:

a copy of a foreign passport;

migration card;

work permit;

current registration;

voluntary health insurance policy.

When hiring a foreign citizen who is a migrant from a state with a visa-free regime, you will need the same documents, with the exception of a work permit. In addition, a work patent and a receipt for payment for this document will be required.

When hiring foreign citizens of Kyrgyzstan, Armenia and Kazakhstan, the list of documentation is the same as for any other residents of states with a visa regime.

When hiring a foreign citizen, you must carefully check each document. Especially make sure of their actual validity periods, since expired documents of a foreigner may threaten the employer with a fine of up to one million rubles or temporary termination of business activities from 14 to 90 days.

3. Add the employee to the organization's staff.

1) Collect signatures from the employee according to documents such as:

rules for organizing internal labor procedures;

collective agreement;

other documents related to the implementation of labor activities at the enterprise.

2) Correctly formalize your employment relationship with a foreigner who came to the country without a visa. To employ a foreign citizen without a visa, an employment contract is required:

The document is issued exclusively with an adult migrant.

The agreement is drawn up only in Russian. You can also issue a second copy in the foreign citizen’s native language, but this is not included in the list of obligations of the employer.

Information about a foreign citizen should not be taken from his words, but from the data indicated in his passport or other document proving his identity. It would be best to use information from a patent or work permit.

The data must be absolutely the same: what is in the contract, what is in the patent or permit. Any mistake can threaten you with a serious fine or administrative suspension of your business activities.

The contract must specify information about the patent or permit, which includes the series, number, validity period, by whom and when issued.

The contract must also contain data from the VHI policy or contract for medical services.

The employment contract is drawn up for an indefinite period. In some cases, under Article 59 of the Labor Code of the Russian Federation, a fixed-term contract can be concluded. Even the fact that a patent or permit has its own validity period does not make it permissible to hire a foreign citizen under a fixed-term contract (Article 327 of the Labor Code of the Russian Federation).

When hiring a foreign citizen, be alert and monitor the validity of his documentation. As soon as they come to an end, the foreigner must be fired, otherwise you will again face a fine of up to one million rubles.

Also important issue an order for employment, familiarize the foreigner with it against signature, and make an entry in the work book.

If a foreigner does not have an accepted sample work book, the employer is obliged to issue it. Previous records of the work activity of a citizen of another country cannot be rewritten under any circumstances.

We have come to the final procedure for filling out documents when hiring a foreign citizen: registration of a personal card for an employee. This occurs according to the unified T2 form. Here the foreigner must sign, confirming that he has fully read the entries in the work book. It is also important to take the signature of a foreign citizen, proving his awareness of the processing of personal data.

4. Register the employee at the employer's premises.

If, when hiring a foreigner, it turns out that he is registered not in a residential building, but with a legal entity, then the employer, following the employment contract, is forced to register this employee for migration registration - to register him with his own company.

To carry out this procedure, you must fill out the form for notification of registration of a resident of another country for migration registration, established by Order of the Federal Migration Service of the Russian Federation No. 217 of September 23, 2010, and collect the following documentation:

a copy of a foreign passport;

a copy of the migration card;

a copy of the previous registration;

copy of the patent;

a copy of the patent payment receipt;

a copy of the employment contract.

Subsequently, you need to submit the notification form for migration registration with all photocopies to the regional or central FMS.

5. Notify the FMS about concluding an employment contract with a foreigner.

The employer must inform the Main Directorate for Migration Affairs of the Ministry of Internal Affairs (formerly the Federal Migration Service) that an employment or civil contract has been signed with a foreigner no later than three working days from the date the agreement was signed by a resident of another country.

6. Congratulations, you are now officially a payer taxes and contributions from wages foreign citizen. When hiring a foreign citizen, it is important to know that taxes will depend on the employee himself. If the case concerns a foreign citizen with temporary residence status who entered Russia in a manner that does not require a visa, the employer will face the following taxes on a monthly basis:

Personal income tax - 13%;

contributions to the Pension Fund - 22%;

contributions to the Social Insurance Fund - 0.2% + Social Insurance Fund - 1.8%.

An entrepreneur does not have the right to pay a foreign citizen a salary below the minimum wage or give him a salary lower than his own compatriots working under the same conditions.

If violations are detected, the salary commissions will be forced to pay the remaining wages to employees, as well as all unpaid taxes. Plus, a monetary penalty of 20% of the amount of unpaid taxes will be added.

7. Along with hiring a foreign citizen, the employer has obligation to monthly check receipts for personal income tax payment under the patent. In case of late payment, the patent automatically ceases to be valid, and the employee becomes an illegal immigrant who has no right to work on the territory of the Russian Federation. Subsequently, the foreigner will need to cross the Russian border again and re-issue a patent.

8. If you need to fire a foreign citizen, issue the appropriate order and familiarize the foreigner with it against signature. Be sure to indicate the termination of the employment relationship in your work book. The foreigner signs the employee’s card (T2), confirming the return of the work book.

9. Don’t forget to notify the FMS of your dismissal.

Who faces fines for hiring foreign citizens

The laws of the Russian Federation provide for punishment of entrepreneurs in the form of a fine for deviations from migration legislation when hiring a foreign citizen.

At the present stage, the following types of fines are valid:

from five to seven thousand rubles - for illegal employment of foreign citizens;

from 400 thousand to one million rubles or temporary termination of business activity for a period of 14 to 90 days - for legal entities for illegally hiring foreign citizens;

from 35 to 70 thousand rubles - for an official for illegally hiring a foreign citizen.

The same fines are imposed if the employer did not inform or did not comply with the deadlines for notifying the FMS about the fact of drawing up an employment contract when hiring a foreign citizen or about the termination of the contract and the dismissal of a newcomer.

Changes in legislation regarding the employment of citizens of third-party countries in the Russian Federation have added a lot of hassle to employing companies and the job seekers themselves. Ignoring the procedure for hiring citizens of foreign countries promises unpleasant consequences for the employer.

The nuances of employment are directly related to the status of a foreigner.

Mandatory verification

What to pay attention to when hiring a foreigner:

availability of a residence permit and the validity period of the document (valid for 5 years and gives the opportunity to work in any region of the Russian Federation);
work permit or patent for those temporarily residing in the Russian Federation (the information indicated on the patent territorially limits the jobs of foreign citizens);
if an employee has citizenship of Belarus, Kazakhstan, or Armenia, a work permit is not required; a standard package of employment documents is required, as for citizens of the Russian Federation (citizens of these states are subject to registration by the migration service like all foreigners).

Draw up an employment agreement

Control of migration registration of citizens of foreign countries obliges the employer to inform the Federal Migration Service of Russia within seven days about their employment. The notification consists of filling out a special form indicating the personal data of the foreigner.

Hiring is carried out on the basis of prepared documents:

identification;
a document permitting employment in a given region;
a book about work activity and recording of work experience (work book), if missing, the employer will issue it;
GPS insurance certificate (if absent, the responsibility for registration passes to the employer);
certificate of education, assigned qualifications and other documents issued by the education system.

The FMS must be informed of the termination of employment relations with a foreigner within 3 days.

Employment of foreigners equal to citizens of the Russian Federation

This definition applies to foreign citizens of two categories:

citizens of Kazakhstan and Belarus do not need permits to work in the Russian Federation, their employer does not have to inform government agencies about their hiring or termination of employment (citizens of these states are not subject to restrictions protecting the national labor market);
citizens of other countries who have received a residence permit in Russia, who have registered for migration within 7 days after arrival (otherwise this obligation is imposed on the employer).

Foreign citizens equated to these categories need only submit the following documents:

document certifying the personal data and identity of the applicant;
certificate of insurance;
document issued by an educational institution.

Foreigners without a visa

For citizens of the CIS countries (Turkmenistan is an exception) and other countries, a visa-free entry regime has been established. Hiring a foreigner who arrived in the country without a visa obliges the employer to inform the FMS and the employment service within 3 days after signing the contract. It is also necessary to inform the tax authority to avoid unpleasant surprises.

It is possible to extend the period of validity of a work permit for a foreign citizen who arrived without a visa, provided:

concluding a new fixed-term or unlimited-term contract;
receiving official document permitting short-term residence in the Russian Federation.

Since 2015, citizens of other countries who visited the Russian Federation without a visa are employed on the basis of a patent. The document is issued for a period of 1-12 months and is issued within a 30-day period from the date of entry.

A foreign citizen must contact the FMS and submit:

Statement.
Documents proving the personal data and identity of the applicant.
Certificate confirming the applicant's knowledge:
- knowledge of Russian language;
- history of the development and formation of the Russian Federation;
- fundamentals of the legislative framework of the Russian Federation.

The validity of the patent is regional in nature.

Work permits issued before 2019 are valid until the end of their validity period.

Foreigners with a visa

Hiring a foreigner who has issued a visa to enter the Russian Federation is carried out according to different rules. When hiring foreign citizens, the law obliges the employer to send a request for permission to the regional MFS. The permit is issued if the following conditions are met:

Applications for quotas for foreign employees are accepted until the end of April of the current year;
for a vacant position within 35 days, the Employment Center did not provide specialists with Russian citizenship (an application to the Central Employment Center is submitted at least 45 days before contacting the migration service).

If these requirements are met, a permit to exploit foreign workers is issued based on the submitted documents (copies):

certificates of registration of the Unified State Register of Legal Entities;
account with the tax authority;
sample employment agreement.

The received permit gives the right to attract and hire foreign citizens. In this case, the invitation is the basis for issuing a visa to the foreigner.

Since 2017, when sending an invitation to enter the Russian Federation and subsequent employment of foreign applicants, the employer must prepare the following documentation for transmission to the FMS:

statement;
photo 3x4 (color);
a copy of the document certifying the applicant’s personal data;
a photocopy of the certificate issued by the educational authority;
certificates from medical institutions (absence of infectious diseases, drug addiction);
cash receipt for payment of state duty.

Also, within a 10-day period, the employer notifies the tax authority of the following:

issuing an invitation;
arrival of a foreigner;
drawing up an employment agreement.

Highly qualified specialists

The legislation of the Russian Federation distinguishes a group of foreigners (regardless of visa availability) - specialists with a high level of qualifications and experience in a designated field of activity and a certain amount of annual salary.

The employment process for citizens who make up this group differs from the standard procedure. When hiring a specialist from abroad for a vacant position, you need to know:

quotas for work activities and invitations are not required;
foreigners of this group, regardless of their professional affiliation, can be employed anywhere in the Russian Federation;
hiring a highly qualified specialist does not require the employer to obtain permits for the use of third-party labor;
restrictions for foreigners apply to the conduct and organization of religious activities;
the employer must inform the FMS about changes and features of the employment agreement with a foreigner;
within 30 days, the employer sends to Federal service migration control letter confirming the registration of a foreigner with the tax authority;
specialists with high level qualifications, cannot obtain pension insurance in the Russian Federation.

Mandatory government contributions

The calculation of mandatory contributions as a percentage of foreigners’ wages is based on their status:

foreign citizens living in Russia (permanently or temporarily) – mandatory insurance payments from the Pension Fund of Russia, Social Insurance Fund, Federal Compulsory Medical Insurance Fund;
temporarily arrived foreign citizens - 1.8% in the Social Insurance Fund (temporary disability form), at the rate in the Pension Fund;
persons with citizenship of Belarus, Kazakhstan, and Armenia pay insurance premiums at the general rate of the organization.

Personal income tax rate:

resident of the Russian Federation – 13% (the total period of stay on the territory of the Russian Federation for the year was more than 183 days);
non-resident of the Russian Federation - 30% (the total period of stay on the territory of the Russian Federation for the year was less than 183 days);
persons with citizenship of Belarus, Kazakhstan, Armenia - 13% (from the first working hours in Russia).

Foreigners, mainly residents of neighboring countries, come to the Russian Federation in order to earn money. Highly qualified specialists who are interested in the original Russian culture and have respect for the country also come. How to complete documentation and obtain a work permit in Russia for foreigners, the article says.

Replenishment of personnel through migrants is becoming commonplace, although it is clear that foreign citizens, being outside their country, represent a socially unprotected group of people. Migration legislation is strictly selective in its approach to the employment of foreigners, and this feature must be taken into account before undertaking a move.

The procedure for registering foreign citizens for work requires compliance with the rules established within the state. The question concerns two sides:

on the one hand, the participant in the process is a foreigner planning to officially find employment in a foreign country;
on the other hand, an employer who decides to hire a foreign citizen.

Both parties need to go through the procedures without violating the law of the Russian Federation. However, not all visiting citizens like to pay taxes.

Not all employers are ready to make financial contributions to certain funds established by law. They ignore the complicated registration procedure provided for by the Labor Code of the Russian Federation. This is where illegal work comes from.

Where foreigners are not allowed to work

The legislation of the Russian Federation provides for restrictions on the opportunities for foreign citizens to obtain work. Migrants, in accordance with Article 14 of Federal Law No. 115, are not allowed to work in the following areas:

engage in activities in local government bodies;
occupy command positions on merchant and military ships, on space and experimental aircraft, in civil aviation;
you cannot work in the state security structure of the Russian Federation;
in the Armed Forces of the Russian Federation, in combat and administrative-economic formations;
at facilities related to the protection of state secrets, in government agencies and special forces, where data from the spectrum of state secrets is used;
in organizations related to nuclear weapons, production areas with radiation hazardous substances;
it is prohibited to manage organizations with an authorized capital of more than 50% of the shares of the Russian Federation;
You cannot work in retail organizations selling medical goods, alcoholic beverages, or selling in tents or markets according to OKVED.

Foreigner status

In Russia, the stay, life and work of foreign citizens are regulated by migration laws. The legislation is based on the civil status or status of foreigners. Determination of status is related to the registration of a person, tax deductions, the amount of insurance payments to the Pension Fund of the Russian Federation, and contributions for health and social insurance.

The law approves 3 statuses:

One of them provides for permanent residence under a special document called a residence permit (RP).
The other two correspond to temporary residence:

followed by obtaining a residence permit;
the stay of a foreigner in a temporary regime is based on a visa, for citizens of the CIS - a visa-free procedure with a migration card.

With a residence permit, a foreigner has the opportunity to enter, leave and live permanently in the Russian Federation. The document is valid for 5 years with an extension of the period of residence.

The right to temporary residence in Russia is given to a citizen of another state by a mark in an identity document. A person can get a job only in the area where they receive a permit for a certain period of residence (3 years). The extension is not specified in the law; further registration of a residence permit is permitted.

For temporarily staying foreign citizens, it is necessary to have a visa, which indicates the period of stay in the territory of the Russian Federation. The visa-free procedure is limited to a period of 90 days upon registration with the migration service. Temporary stay is extended to 1 year, subject to obtaining work permits or obtaining a work patent.

Important! A foreign employee is required to promptly notify the employer of changes in status.

Employment in a visa-free regime

A visa-free regime for relations between countries allows their residents to enter the territory without obtaining a visa. The arrangement is convenient for both the potential employee and the employer. The absence of restrictions makes it easier to conduct business relationships.

The employer is required to:

Regular verification of the validity period of the employee’s document (residence permit).
Inform the local branch of the Russian Ministry of Internal Affairs that, on the basis of the contract, an employment relationship has been established with a citizen of foreign origin.

Attention managers! When accepting migrants with any status (according to the Federal Law, clause 8, article 13), it is necessary to inform the Ministry of Internal Affairs.

A citizen of another country who has a temporary residence permit in Russia (a status close to a residence permit) gets a job in the Russian Federation. Every year he will have to confirm it with the migration service.

Legal employment of foreign workers with the status of temporarily staying in Russia in accordance with paragraph 1 of Art. 2 of the Law on the legal status will depend on visa relations between countries.

Patent for work

People come to the Russian Federation with the hope of finding a decent job and a comfortable life. Changes are taking place in the legal acts of the Russian Federation regarding visa-free migrants, and additions are being made.

In legislation relating to migration, there is the term patent, meaning a permitting document (certificate). Having received the certificate, a foreigner simultaneously gets the opportunity to stay in the Russian Federation without a visa and work here.

No patent required:

People who migrated to Russia with temporary registration and residence permits.
Persons who took part in the state resettlement program on a voluntary basis.
Citizens of Belarus and Kazakhstan.
For displaced people.
Employees of diplomatic missions operating in the Russian Federation.
Representatives of foreign companies involved in the installation of technical equipment in Russia.
For media workers working in the Russian Federation in the direction of foreign countries.
Students engaged in labor activities during the holidays.
Representatives of science and education who arrived at the invitation of the Russian Federation.

The state calculates the number of patents that it can implement; their number is limited. Quotas are updated annually.

A patent is issued on the basis of certificates, certificates (documentation), including:

results of a medical examination on suitability for work;
final indicators of tests for language knowledge, knowledge of the basics of the Russian legislative framework;
insurance policy for an annual period;
a check for making a monthly advance payment for personal income tax (the amount of tax corresponds to the region of employment);
a foreign passport accompanied by a translation certified by a notary;
handprint identification document;
photos;
application for a certificate.

Attention! A patent is required for visa-free foreigners with temporary residence. Persons with temporary or permanent residence status are not required to obtain a patent.

The certificate has an expiration date. It is valid for a period of time from 1 month to 1 year.

During this period, an employment agreement with the employer must be drawn up, otherwise the patent will be terminated. If necessary, the certificate can be renewed.

An employee with a patent is allowed to work for up to 2 years. After this period, he will have to resume the entire procedure for obtaining a permit certificate. It is not recommended to allow late payment for the certificate, otherwise the document will be subject to cancellation and its owner will lose the right to work.

Citizens of the EAEU countries - Armenia, Belarus, Kazakhstan and Kyrgyzstan do not need to bother about additional permits.

Illegal ways to get a job are prosecuted by law. An entrepreneur who decides to circumvent legal requirements will pay a considerable amount.

In this video you will learn how much personal income tax you will need to pay for a work patent in 2018 every month:

The procedure for employing foreigners

Legal employment is possible if you have the necessary documents:

A foreign passport, which must be obtained before departure. You will need it when crossing the border.
Migration card with a note about the purpose of arrival. The card is issued at the border. Border service officers will help you fill it out.
Medical insurance for foreigners received on the day of arrival in the Russian Federation.
Migration registration in the form of temporary registration.
Patent for obtaining a workplace. In the future, it is planned to make regular payments for the use of the patent.
Papers about official employment. With a patent in hand, within 2 months you need to find an employer, conclude an employment agreement with him and submit a copy to the FMS (migration service).

You need to be prepared for the costs associated with tax payments and payment of state duties. All the troubles and costs are paid off by legal work in the Russian Federation for a year without the danger of being evicted or fined.

Attention! You shouldn't skimp on safety. The money spent in the process of obtaining the necessary documentation will be returned in the course of quiet work on a legal basis.

List of documentation

To employ a foreigner, the following documents will be required:

application in 2 copies;
passport of a standard recognized in the Russian Federation;
migration card indicating the purpose of arrival “work”;
medical policy or agreement with a medical organization on paid services for the duration of work;
a certificate issued by a medical institution confirming that the citizen does not have drug addiction, HIV infection or other dangerous diseases;
certificate of training in Russian language courses, completion of the fundamentals of jurisprudence and history of the Russian state;
temporary registration coupon;
a patent recording data on the presence of a profession or types of active activity.

The foreigner must complete the collection and submission of documentation within a month. For deviation from the deadlines, a fine of 10,000 rubles is provided. up to 15,000 rub. The collection receipt must be attached to the set of documents.

Foreign student

An educational institution can act as a party accepting foreigners for study. You can obtain permission from the Federal MP of the Russian Federation. The purpose of arrival is indicated in the application. The following must be presented to the relevant departments related to the movement of foreigners in Russia:

Application.
A copy of the foreigner's identity card.
Guarantee to ensure material, medical, housing conditions.
An invited citizen, a national of another state for the duration of his residence in the Russian Federation.

The student is registered with the Federal Migration Service based on the notification he received from the inviting party. The university administration will inform the educational authorities about his arrival in the next 3 days.

In case of unauthorized departure of a student from an educational institution, the university is obliged to notify:

apparatus in charge of education;
migration structures;
security authorities.

The educational institution is obliged to renew the visa. If educational institution committed a violation of the rules, obligations assumed, then liability will arise according to the law in the form of fines (up to half a million rubles).

For foreign students, a place in the dormitory is provided at the rate of 6 sq.m per person. Training is financed from the state budget of the Russian Federation. Students are paid a stipend.

The country has approved training quotas on a budget basis (no more than 10,000 people annually).

Important! The cost of utilities, household services, and accommodation should be no more than 5% of the scholarship amount.

Quotas

Immigration policy applies quotas, that is, a projected acceptable rate or share of participation in the labor market of foreign labor. Employers often resort to using foreign labor. This happens for various reasons:

For the cost of services.
By skill level.

The hiring of workers from abroad is subject to strict quotas.

In practice, several types are used:

Employers who hire foreign specialists into their workforce receive a quota;
quota for temporary registration gives advantages in getting a job without special permits;
the issuance of jobs is normalized in order to protect the labor market within the country;
there are quotas for issuing invitations to obtain a visa;
There are quotas for students who want to have a Russian diploma and study on a budgetary basis.

Employer's liability

Along with hiring foreigners, the employer assumes responsibility, as stated:

In the Labor Code of the Russian Federation.
In the Code of Administrative Offences.
In the Law on the Rights of Foreigners in the Russian Federation.

Employers often try to circumvent laws by employing foreigners in order to save on wages. Such violations are punishable.

How to find a job in Russia as a migrant, see here:

Form for receiving a question, write yours

The specifics of foreign citizens carrying out labor activities on the territory of the Russian Federation are regulated by Federal Law No. 115-FZ of July 25, 2002 “On the legal status of foreign citizens in the Russian Federation” (hereinafter referred to as Law No. 115-FZ).
According to Art. 2 of Law N 115-FZ, depending on the grounds for staying on the territory of the Russian Federation, foreign citizens are divided into the following categories:
- a foreign citizen temporarily staying in the Russian Federation - a person who arrived in the Russian Federation on the basis of a visa or in a manner that does not require a visa, and who received a migration card, but does not have a residence permit or temporary residence permit;
- a foreign citizen temporarily residing in the Russian Federation - a person who has received a temporary residence permit;
- a foreign citizen permanently residing in the Russian Federation - a person who has received a residence permit.
Labor activity also means the work of a foreign citizen in the Russian Federation on the basis of an employment contract or a civil contract for the performance of work (provision of services) (Clause 1 of Article 2 of Law No. 115-FZ).
As a general rule, employers have the right to attract and use foreign workers only if they have permission to attract and use foreign workers, and foreign citizens, in turn, have the right to carry out labor activities only if they have a work permit (clause 4 of article 13 of Law No. 115-FZ). An exception to this rule is established for certain categories of foreign citizens listed in paragraphs. 1-9 paragraph 4 art. 13 of Law No. 115-FZ.
Without permission to attract and use foreign workers, the employer has the right to attract and use foreign workers if foreign citizens arrived in the Russian Federation in a manner that does not require a visa (clause 4.5 of Article 13 of Law No. 115-FZ). These are, for example, citizens of Uzbekistan, Tajikistan, the Kyrgyz Republic, Ukraine and others, since the governments of these states and the Russian Federation have concluded relevant agreements establishing a visa-free regime for crossing the border of the Russian Federation (Agreement between the Government of the Russian Federation and the Government of the Republic of Uzbekistan (Minsk, November 30, 2000), Agreement between the Government of the Republic of Belarus, the Government of the Republic of Kazakhstan, the Government of the Kyrgyz Republic, the Government of the Russian Federation and the Government of the Republic of Tajikistan (Minsk, November 30, 2000), Agreement between the Government of the Russian Federation and the Government of Ukraine (Moscow, January 16, 1997), Agreement between the Government of the Russian Federation and the Government of the Republic of Moldova (Moscow, November 30, 2000)).
When attracting foreign citizens whose stay on the territory of the Russian Federation does not require a visa (permanently or temporarily residing in the Russian Federation), the employer does not need to obtain permission to attract and use foreign workers. But at the same time, the employee himself is required to have a work permit if he does not belong to one of the categories listed in paragraphs. 1-9 paragraph 4 art. 13 of Law No. 115-FZ.
To carry out work activities in Russia, a foreign citizen temporarily staying, if he does not belong to the categories listed in clause 4 of Art. 13 of Law N 115-FZ, must have a work permit. At the same time, he does not have the right to carry out labor activities outside the boundaries of the subject of the Russian Federation, on the territory of which he was issued a work permit (clause 4.2 of Article 13 of Law No. 115-FZ). A similar requirement is established for temporarily residing foreign citizens, clause 5 of Art. 13 of Law No. 115-FZ. Cases when it is possible to carry out labor activities outside the region in whose territory the corresponding permit was issued are determined by Order of the Ministry of Health and Social Development of Russia dated July 28, 2010 N 564n.
A work permit is issued in the manner prescribed by the Administrative Regulations for the provision by the Federal Migration Service, executive authorities of the constituent entities of the Russian Federation exercising the delegated powers of the Russian Federation in the field of promoting employment, the Federal Agency for Maritime and River Transport and the Federal Agency for Fisheries of state services for issuing conclusions on attraction and use of foreign workers, permits for the attraction and use of foreign workers, as well as work permits for foreign citizens and stateless persons (approved by order of the Federal Migration Service, the Ministry of Health and Social Development of the Russian Federation, the Ministry of Transport of the Russian Federation, the State Fisheries Committee of the Russian Federation dated January 11, 2008 N 1/4/1/ 2).
To carry out work activities, “visa foreigners” entering the Russian Federation are issued an ordinary work visa. The visa document is issued on the basis of an invitation issued in the manner prescribed by Art. 18 of Law N 115-FZ, for a period of up to 3 months with the possibility of its subsequent extension by the territorial body of the FMS at the place of migration registration at the place of residence of a foreign citizen by issuing a multiple-entry visa for the duration of the concluded employment or civil contract for the performance of work (providing services), but not more than 1 year for each subsequent visa (clause 35 of the Regulations establishing the form of a visa, the procedure and conditions for its registration and issuance, extension of its validity, restoration in case of loss, as well as the procedure for canceling a visa approved Decree of the Government of the Russian Federation dated 06/09/2003 N 335).
Thus, the implementation of labor activities on the territory of the Russian Federation by a foreign citizen who does not have the right to visa-free entry into Russia is accompanied by the need to register:
- permission to attract and use a foreign worker;
- a work permit issued in the name of the employee himself;
invitations to enter;
- an ordinary work visa.
The responsibilities of an employer who has invited a foreign citizen for the purpose of carrying out work activities or who has concluded a new employment contract or a civil contract with a foreign worker for the performance of work (rendering services) are listed in clause 8 of Art. 18 of Law No. 115-FZ.
In particular, such an employer is obliged:
1) have permission to attract and use foreign workers, unless otherwise provided by Law No. 115-FZ;
2) ensure that the foreign citizen receives a work permit;
3) submit the documents necessary for registration of a foreign citizen at the place of stay in the Russian Federation;
4) notify the tax authority at the place of your registration about the attraction and use of foreign workers. The recommended form of such notification is given in the letter of the Federal Tax Service of Russia dated August 24, 2007 N GI-6-04/676.
The employer must notify the territorial body of the Federal Migration Service of Russia and the executive body in charge of employment issues in the relevant constituent entity of the Russian Federation (Clause 9, Article 13.1 of Law No. 115-FZ) about the conclusion of an employment contract with a foreign worker. The form and procedure for submitting this notification are established by Order of the Federal Migration Service of Russia dated June 28, 2010 N 147.
However, in accordance with paragraphs. 1 clause 4 art. 13 of Law N 115-FZ, this procedure does not apply when hiring foreign citizens permanently residing in the Russian Federation. Persons permanently residing in the Russian Federation independently inform the migration service about their place of work as part of the annual notification to the Federal Migration Service (clause 6 of Article 8 of Law No. 115-FZ). The form and procedure for such notification are established by Decree of the Government of the Russian Federation dated January 17, 2007 N 21.
Employment without taking into account restrictions on the protection of the national labor market is carried out in relation to migrant workers from the Republic of Belarus and the Republic of Kazakhstan (Agreement on legal status migrant workers and members of their families (St. Petersburg, November 19, 2010)). That is, when hiring a citizen of Kazakhstan and Belarus, the same rules apply as when hiring citizens of Russia. The employing organization does not need to notify the territorial body of the Federal Migration Service, the executive body in charge of employment issues in the relevant constituent entity of the Russian Federation, and the tax authorities about the fact of hiring such foreign citizens. Indirectly this conclusion confirms the letter of the FMS dated December 20, 2007 N MS-1/9-25552.
However, these regulations do not cancel the obligations of employers provided for by the legislation on migration registration. In particular, a legal entity with which a foreign citizen actually resides (stays) or works is required to submit a notification of his arrival at the place of residence to the migration registration authority (clause 7, part 1, article 2, article 22 of the Federal Law of July 18. 2006 N 109-FZ "On migration registration of foreign citizens and stateless persons in the Russian Federation", Rules for the implementation of migration registration of foreign citizens and stateless persons in the Russian Federation, approved by Decree of the Government of the Russian Federation of January 15, 2007 N 9). The form of notification of the arrival of a foreign citizen or stateless person at the place of stay was approved by Order of the Federal Migration Service of Russia dated September 23, 2010 N 287.
In accordance with Part 1 of Art. 18.17 of the Code of Administrative Offenses of the Russian Federation, failure by an employer or customer of work (services) to comply with restrictions on the implementation of certain types of activities established in accordance with federal law in relation to foreign citizens and stateless persons shall entail the imposition of an administrative fine on officials in the amount of forty-five thousand to fifty thousand rubles; for legal entities - from eight hundred thousand to one million rubles or administrative suspension of activities for a period of up to ninety days.
Involving a foreign citizen or stateless person in labor activity in Russia without obtaining, in the prescribed manner, permission to attract and use foreign workers, if such permission is required in accordance with federal law, entails the imposition of an administrative fine on officials in the amount of twenty-five thousand to fifty thousand rubles; for legal entities - from two hundred fifty thousand to eight hundred thousand rubles or administrative suspension of activities for a period of up to ninety days (Part 2 of Article 18.15 of the Code of Administrative Offenses of the Russian Federation).
Violation of the rules for attracting foreign citizens and stateless persons to labor activities carried out at retail facilities (including shopping malls) provides for the imposition of an administrative fine on officials in the amount of forty-five to fifty thousand rubles; for legal entities - from four hundred fifty thousand to eight hundred thousand rubles or administrative suspension of activities for up to ninety days (Article 18.16 of the Code of Administrative Offenses of the Russian Federation).

Prepared answer:
Expert of the Legal Consulting Service GARANT
Arzamastsev Alexander

Response quality control:
Reviewer of the Legal Consulting Service GARANT
Zolotykh Maxim

The material was prepared on the basis of individual written consultation provided as part of the Legal Consulting service.