In most cases, migrants do not know that the procedure for employment and the level of their wages depend on the legal status they have obtained. One of these categories is the RVP, which provides legal residence prior to obtaining a residence permit. In addition, a foreigner has the right to officially work with a RWP in Russia.
What is RVP
A temporary residence permit for a foreign citizen is a confirmation of the right to temporarily reside in Russia and is issued for a period up to 3 years without the right to renew... According to the law, a foreigner is obliged to register with the FMS annually, and 6 months before the expiration of the permit, he can apply for a residence permit.
RVP is issued within the annual quota or if there are serious reasons. For example:
- Participation in the state program;
- The presence of a spouse, disabled parent or child with Russian citizenship.
A temporary residence permit gives the following rights:
- Legal employment;
- Unimpeded entry and exit;
- Obtaining a TIN;
- IP registration.
Working with RVP is possible only in the region where the permit has been obtained. If it is necessary to move, the migrant must submit an application to the FMS.
The legislative framework
The legal status of foreign citizens is regulated by the Constitution, federal legislation and international treaties of the Russian Federation.
Russian legislation provides for a number of acts regulating the status of foreigners, legal protection and obligations of employers:
- Federal Law No. 115 defines the legal status and labor relations of foreigners in Russia;
- Article 327.1 of the Labor Code of the Russian Federation establishes rules on labor relations between a migrant and an employer;
- Articles 327.2 and 327.3 of the Labor Code contain complete information on the procedure for concluding an employment agreement and the list of documents for employment.
In accordance with the legislation of the Russian Federation, the issuance of a TRP may be rejected. In this case, a foreign citizen can re-apply only 1 year after the refusal.
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Features of employment
The recruitment of a foreigner with a temporary residence permit is carried out on the same conditions as for citizens with a residence permit, but subject to the restrictions provided for by federal law.
It is possible to work with a RVP in Russia under a civil law or labor contract. The document allows:
- Engage in entrepreneurial activity;
- Serve under a contract in the Armed Forces of the Russian Federation;
- Work for individuals and legal entities.
The employer is not required to issue additional special permits to attract labor of foreign citizens. The Russian organization is obliged to conclude an agreement, and after registration - to inform the territorial department of the Main Directorate of Internal Affairs of the Ministry of Internal Affairs of Russia.
The deadline for sending a notification is 3 working days from the date of hiring. The Ministry of Internal Affairs will provide all the necessary information to the tax and employment services independently.
When hiring, the organization must make sure that the applicant has a valid RVP. And upon the expiration of its validity, timely terminate the contract.
The employer is obliged to pay the following contributions for each foreign employee:
- Medical Education Foundation (FFOMS) – 5,1%;
- Social Insurance Fund (FSS) – 2,9%;
- Pension Fund (PFR) – 22%;
A foreigner can be considered a tax resident after staying in the Russian Federation not less than 183 days within 12 months. This status allows you to get the standard rate of personal income tax, as well as property and social tax deductions.
Download 1-NDFL. Tax card for income accounting and personal income tax
Registration procedure
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Hiring a foreigner with a temporary residence permit consists of the following stages:
- Submission of the required package of documents;
- Conclusion of a contract;
- Notification of the Main Directorate of Internal Affairs of the Ministry of Internal Affairs of the hiring of a foreign citizen.
Most Russian enterprises prefer to conclude a civil contract with foreign workers.
This form of agreement allows the employer to terminate the contract at any time and not provide social guarantees, which include:
- Bonus accrual;
- Providing leave;
- Sick leave payment.
A package of documents for employment
To conclude a contract, the following documents are required:
- The passport;
- Diploma;
- Labor book (if any);
- TIN;
- OMS;
- SNILS (if available).
The required papers must be translated into Russian and certified by a notary. It should be borne in mind that the organization has the right to demand additional documents from the applicant.
Employment errors on both sides
For violation of the deadlines for filing a notice of hiring a foreign worker or his dismissal, penalties are imposed on the employer. Therefore, submitting information is a prerequisite for an enterprise, not a migrant. In addition, in order to avoid penalties and administrative liability, the employer must track the expiration date of the RWP.
The employing organization must carefully verify the authenticity of all documents submitted by the applicant.
Due to incompetence, as well as some legislative changes, many do not know that a patent is not required in the presence of a RWP.
In what areas can RVP work?
Employment depends on the education, qualifications and experience of the applicant. A good level of the Russian language is an important factor in finding a job and remuneration.
You can get settled with a temporary residence permit in Russia in almost any area, except for:
- Organizations ensuring the security of the country;
- State authorities.
Currently, most of the labor migrants have low qualifications, so foreigners take jobs that are not attractive to the local population.
In any region, there is a shortage of blue-collar professionals, for example, drivers and construction workers.
Some of the most popular areas in the labor market for foreigners with temporary residence permit are:
- Transport;
- Building;
- Communal services;
- Retail and wholesale trade;
- Agriculture.
A temporary residence permit allows a person to register with the employment center to look for work. With the help of the labor exchange, you can select vacancies taking into account the education, length of service and professional qualifications of a foreign citizen.
It should be borne in mind that unemployment benefits are not provided for foreign citizens.
Finding a job is a very difficult process, even if you have Russian citizenship. The migrant should collect in advance complete information about the region where he intends to obtain RVP. It is worth carefully examining what job offers are offered on job sites.
May not be hired: reasons and solution to the problem
According to the labor legislation of the Russian Federation, restrictions on the employment of migrants are discriminatory. Despite this, due to checks and high penalties, many organizations are reluctant to hire foreigners with a temporary residence permit.
If the employer does not wish to accept the applicant with the RWP, it is necessary to find out why the request was rejected. If the employer's actions are illegal and not related to the professional qualities of the candidate, then you should ask for a written refusal and appeal it in court.
Temporary residence status makes it possible to open your own business as an individual entrepreneur or to get a job in your specialty.In addition, the annual confirmation of the TRP is impossible without official employment.
