Registration of an employment contract with a foreigner

An employment contract between an employer and an employee establishes the obligations of the participants in the labor process and guarantees the protection of the rights of each party. The procedure for hiring a foreign employee in 2021 and concluding an agreement with him has legally fundamental features enshrined in the Labor Code, legal federal laws and the Administrative Code.

Conditions for concluding an employment contract with foreigners

Before preparing an employment contract, the employer must find out the right of a foreigner to stay on Russian territory, since the further procedure for formalizing relations depends on this:

• Temporarily abiding - is in Russia with a migration card;
• Temporary resident - can live and move freely around the constituent entities of the Russian Federation for 3 years;
• Permanent resident - permission is given for 5 years with an unlimited number of renewals.

Permission or patent

A person staying temporarily in a visa-free order to find a job must have a patent on his hands, which allows him to work. Temporarily staying on a visa is issued for work with a permit.

Both documents are issued by the Department of Migration of the State Administration.

Such documents are not required:

• Residence permit holders;
• Holders of permanent residence;
• Refugees, etc.

The final list is in Article 13 of Law No. 115-FZ of 25.07.2002 “On the Legal Status of Foreign Citizens in the Russian Federation”.

Special conditions for citizens of the EAEU

Special conditions are given to nationals of the EAEU countries. Armenians, Belarusians, Kazakhs and Kyrgyz can:

• To fill vacancies without a permit / patent;
• Temporarily stay / reside in the constituent entities of the Russian Federation for the period of the employment agreement;
• Be on the Russian side of the border without registration 30 days from the day of arrival, if exceeded, registration is required.

Term for the conclusion of the contract

The Labor Code of the Russian Federation allows you to conclude an employment agreement with a foreigner for an indefinite period. Then, upon the expiration or revocation of the permit / patent (if a new one has not been obtained) or the period of residence, the TD is terminated.

To avoid such situations, a fixed-term contract is concluded with a foreign mercenary. (maximum 5 years), where the reason for the urgency is determined by the code (Article 59 of the Labor Code of the Russian Federation). Invented justifications are punishable.

The prohibition on the provision of work exists in relation to:

• Children and adolescents under 18 years old;
• Moments highlighted by law or in international agreements.

The procedure for registration of an employment contract with a foreign citizen

Foreigners can be hired for vacancies by legal entities, individuals and citizens of foreign countries registered in Russia as an individual entrepreneur.

Procedure

The algorithm of the employer's actions when concluding an employment contract with a foreigner depends on the status of the latter in the territory of Russia. Without unnecessary action, the employer can hire a foreign citizen with a residence permit or permanent residence.

All that is required to formalize bilateral relations:

1. Accept a package of documents in the same set in which a Russian would submit. Additionally, evidence of a temporary / permanent residence permit must be provided (Article 327.3 of the Labor Code of the Russian Federation);
2. Check the current terms of a residence permit or permanent residence.

The employer will face additional steps when hiring a temporary visitor on a visa.

From the outset, the employer's action plan is as follows:

1. Contacting the employment service, where within a month the employees of the center will look for Russian fellow citizens for the requested vacancy. If the candidate is not offered, the employer boldly goes to the local department of the Main Directorate of Internal Affairs of the Ministry of Internal Affairs;
2. Contacting the migration department of the Ministry of Internal Affairs for obtaining permission to attract a foreign resident to work in your organization;
3. Registration of a work permit for a directly hired foreigner. This is done mainly by the employer in the local migration department;
4. Registration of an invitation to a future employee who is abroad;
5. Upon arrival in a constituent entity of the Russian Federation, a potential employee is put on a migration register;
6. Concludes TD;
7. The territorial body of the Main Directorate of Internal Affairs of the Ministry of Internal Affairs is notified of the employment of a foreigner.

Submitting an application to the Main Department of Internal Affairs of the Ministry of Internal Affairs and obtaining permission to conclude an employment contract with a foreigner

The employer sends an extract from the Unified State Register of Legal Entities (EGRIP) and other documentation of the organization to obtain accreditation with the Ministry of Internal Affairs. Next, an application for permission is submitted on the form of the Main Directorate of the Ministry of Internal Affairs of the Ministry of Internal Affairs, paid state duty 10,000 rubles... for each employee.

Registration of an invitation

Having received all the permissions, the employer applies to the Main Directorate of the Ministry of Internal Affairs for an invitation, according to which the future employee will apply for a work visa.

Drawing up an employment contract

Russian legislation does not establish a special form of contract with a foreigner. The main content of the document is the same as for the employment of a Russian, indicating all the data, in accordance with Art. 57 of the Labor Code of the Russian Federation:

• Full name of the employee;
• All details of the employer;
• Payment;
• Mode;
• Place of work, etc.

The contract is written in Russian, but at the request of the other party, it can be translated into the employee's native language and notarized.

Below are examples of different contracts.

Employment contract with a temporary resident

Registration of labor relations with a candidate from abroad who has a residence permit is no different from a standard contract when accepting a Russian. An additional point only indicates the number, validity period and other details of the residence permit.

Employment contract with a permanent resident

You can also take a typical TD concluded with a domestic employee as a basis, having entered passport data and the address of permanent residence in it.

Employment contract for a patent

When drawing up an agreement with a citizen of another country who temporarily stays in a subject of the Russian Federation with a patent without a visa, all information about the patent is entered in the document, and the details of the medical policy or the contract concluded by the employer with the medical institution regarding the person being hired (Article 327.2 of the Labor Code of the Russian Federation) must be indicated.

Fixed-term employment contract

It is drawn up based on the status of a foreigner in Russia. The beginning and end of the period of the employee's work must be indicated and an additional justification for the urgency of the contract is entered. When choosing a basis, one should rely on the clauses included in Article 59 of the Labor Code of the Russian Federation.

Download a sample of a short-term employment contract with an employee

Notice to the Main Directorate of Internal Affairs of the Ministry of Internal Affairs

An employer who takes a foreigner to a workplace or uses the service of a foreigner who has arrived on a visa is obliged to inform the nearby migration organization about his actions (clause 8 of article 13 of the law No. 115-FZ of 25.07.2002). This happens in the form of filing a notification on a standard form approved by Order of the Ministry of Internal Affairs No. 11 of 01/10/2018.

The submission of the completed form is given 3 working days from the date the foreign citizen is hired. The form is filled in in print or handwritten, without blots and errors, in Russian. All items are required to be answered.

The notification is delivered personally to the migration department, you can use the mail services by sending it by registered mail with a list of attachments and notification of receipt. Organizationally, the document is registered with the assignment of a registration number.

For hiding information about employment, the receiving party falls under an administrative offense under Part 3-5 of Article 18.15 of the Administrative Code. For this, fines are levied:

• From citizens - 2000 - 5000 rubles;
• From the servants of power - 35,000 - 50,000 rubles;
• From legal entities - 400 thousand - 800 thousand rubles, or temporarily stop the work of the organization for 14-90 days.

Moscow and Leningrad fines are tougher:

• Citizens - 5000 - 7000 rubles;
• Servants of power - 35,000 - 70,000 rubles;
• Legal entity - 400 thousand - 1 million rubles, or temporarily stop the work of the organization for 14-90 days.

In case of illegal employment of a group of applicants, a fine is imposed for each individual.

How to renew an employment contract with a foreign citizen

Since an open-ended contract, in principle, does not imply any time limits, a fixed-term contract concluded for a certain period is subject to renewal.

If the employer wants to conclude a second fixed-term contract at the end of the first one, for this he must dismiss the foreign employee and draw up a new fixed-term contract with him.

If both parties do not want to leave after the end of the contract, then the employee continues to work in the usual working mode for the employer, and the contract is automatically prolonged for an indefinite period. As a result, it will become indefinite, and an additional agreement or order is added to it.

In the latter case, notifying the employees of the Main Directorate of the Ministry of Internal Affairs of the Ministry of Internal Affairs is not required, since there is no fact of dismissal and hiring.

In some cases, it is economically more profitable for the employer to hire a foreign worker, in particular, when a qualified specialist is required to work with imported equipment. In order not to incur the wrath of the controlling organizations and not to get heavy fines, it is worth very carefully and scrupulously checking all the information on the future employee.