Employment of foreign workers in 2022

Stage 1 - obtain quotas for attracting foreign workers

When planning to hire foreign employees in 2022 who arrived in the Russian Federation in a manner that requires a visa, the employer must receive a quota for attracting foreign labor. To do this, you need to send an application about the need for foreign workers (clause 5 of the Order of the Ministry of Labor dated January 23, 2014 No. 27n).

This application is being considered by the interdepartmental commission of the constituent entity of the Russian Federation on issues of attracting and using foreign workers. However, you need to submit an application to the regional office of Rostrud or the department of labor and social protection.

Employers have the opportunity to fill out and print an application through the Ministry of Labor resource. In addition, here, through the section “Authorized Bodies of the Subjects of the Russian Federation,” employers can find out the addresses and operating hours of the points for accepting these applications.

The regional commission makes a decision to satisfy the application or refuse it within 25 days from the date of its receipt from the employer (clause 7 of Order of the Ministry of Labor No. 27n).

Work permits proposed to be canceled

Officials propose to amend the Labor Code of the Russian Federation, which will allow some employers not to issue work permits for foreign employees.
The innovation may affect residents of territories of rapid socio-economic development, as well as residents of the Arctic zone. The proposed bill states that the amendments will be written into a new article of the Labor Code of the Russian Federation, which will be called “Features of the labor activity of persons working for residents of the territory of rapid socio-economic development or residents of the Arctic zone of the Russian Federation.” According to it, employers will be allowed not to issue work permits, and the workers themselves will be hired without taking into account the quotas approved for the country.

For now, the document is being discussed on a single portal of draft regulations. It will take at least 6 months for its approval by the government and parliament.

Stage 2 - obtain permission to attract and use foreign labor

For further employment of a foreign worker, for which a visa must be issued, the employer must obtain permission to attract and use foreign labor (Clause 4, Article 13 of Law No. 115-FZ of July 25, 2002).

It is issued when the employer submits a corresponding application. In 2022, the application form regulated by Order of the Ministry of Internal Affairs dated August 1, 2020 No. 541 is used.

The completed application must be submitted to the territorial department for migration issues (Ministry of Internal Affairs). According to the updated rules, the employer can not only submit it personally, but also send it through the State Services website. The application must be accompanied by an extract from the Unified State Register of Legal Entities or Unified State Register of Individual Entrepreneurs, as well as a document confirming payment of the state duty (clauses 65-65.1.4 of Order of the Ministry of Internal Affairs No. 541).

The state duty in this case is 10 thousand rubles. for each foreigner hired (clause 23, clause 1, article 333.28 of the Tax Code of the Russian Federation). You can also pay it through State Services, and then the amount is reduced by 30% (clause 81.4 of Order of the Ministry of Internal Affairs No. 541). Accordingly, for each foreigner you will need to pay 7 thousand rubles if the payment is made through the State Services resource.

The permit is issued for 1 year, and a necessary condition for issuance is a positive conclusion from the employment service agency - it is issued at the request of the migration department (clause 3 of article 18 of Law No. 115-FZ).

Attention! If the employer does not submit an application for the need for foreign labor, he may not be issued a permit.

Quota 1: share of foreigners by type of activity for 2020

The first quota for foreign workers is the one that determines the maximum share of foreigners employed in specific types of economic activities of the employing company. The restriction in question is established by the Government on the basis of clause 5 of Art. 18.1 of the law of July 25, 2002 No. 115-FZ.

Quotas for foreign workers for 2022 based on the share of foreigners in relation to the employer’s type of activity are determined by government decree No. 1271 dated September 30, 2019. Please note that the 0% share is set:

• for trade in pharmaceuticals;
• for retail trade outside stores (that is, in markets, tents and other non-stationary retail facilities).

This means that for these types of activities it is generally impossible to hire foreigners (who do not fall under the exceptions, which will be discussed later) in 2020. We also note that the largest quotas apply in the following areas:

• construction (80% of the total number of employees);
• growing vegetables (50%).

At the same time, the specified quota in construction does not apply in Moscow, Buryatia and the Amur region, and in Dagestan it has been reduced to 50%. Therefore, the rules may vary from region to region.

How can an employer comply with the quota:

1. Calculate the total number of workers employed in “quota-based” activities specified in the resolution.
2. Calculate what proportion of these workers are foreigners, excluding those who:

• have a temporary residence permit (RP) or residence permit;
• belong to highly qualified specialists or are members of their families;
• are citizens of EAEU countries.

If the share of foreigners is higher than what is allowed under the quota, then the indicator must be increased to the required value. In the general case, through additional hiring of Russian specialists in the relevant type of activity.

Stage 3 - issue an invitation to enter a foreign worker

The employer issues an invitation to enter for each foreigner who is issued a visa (if he does not already have a work visa). The invitation is issued by the Department of Internal Affairs of the Ministry of Internal Affairs, for which the employer submits an application in 2 copies in the form regulated by Order of the Ministry of Internal Affairs dated September 29, 2020 No. 677.

The application may indicate that the invitation is required in electronic form. It is accompanied by an identification document of the employer, a copy of the identity document of the foreigner, as well as a letter of guarantee stating that the company undertakes obligations to provide material, medical and housing support for the foreigner.

Also attached to the application is a document confirming payment of the state fee (clauses 28-28.4 of Order of the Ministry of Internal Affairs No. 677). Its size is 800 rubles. for each invited foreign employee (clause 17, clause 1, article 333.28 of the Tax Code of the Russian Federation). Government agencies issue an invitation within 20 working days from the date of receipt of the documentation package from the employer. If the invitation is issued on paper, it is issued on the day of application, and if the document is electronic, no later than 3 working days from the date of the decision to issue it.

What does the commission take into account when issuing notifications?

For what reasons can an employer receive a refusal (except for an application not drawn up in the form)?

The list of provisions that the commission takes into account is defined in clause 10 of the Rules:

• availability of information about the employer’s registration in the Unified State Register of Legal Entities;
• inability to meet labor demand from regional labor resources;
• the availability of the region's ability to accommodate foreign citizens recruited for work based on the provision of housing, social infrastructure and medical care to the population;
• provision by the employer of guarantees of medical and housing support for foreign workers;
• the employer has no unresolved violations of labor, migration, tax, and social legislation;
• compliance by the employer with the permissible share of foreign workers recruited into various sectors of the economy, as well as other requirements established by federal laws and other regulatory legal acts.

The commission of a constituent entity of the Russian Federation makes a decision to reject the employer’s application, the employer’s application to increase the size of the need in full in the case of (clause 12 of the Rules):

• the employer submits false information or forged documents or knowingly communicates false information;
• initiation of bankruptcy proceedings for the employer;
• inconsistency of the employer's application, the employer's application to increase the size of the need with the provisions provided above (according to clause 10 of the Rules).

Important!
The quota for attracting foreign labor is issued for one year. If the company needs to hire foreigners in the future, the application must be submitted in advance, at the beginning of the coming year, so that the Russian government can determine the need for foreigners in the Russian labor market.

Stage 4 - obtain a work permit in the Russian Federation

The employer submits an application for the issuance of an invitation to enter and at the same time submits documents to the Department of Internal Affairs of the Ministry of Internal Affairs for issuing a work permit in the Russian Federation (clause 2 of Article 18 of Law No. 115-FZ). In particular, these include an application for a work permit for each foreigner - its form is regulated by Appendix No. 1 to the Order of the Ministry of Internal Affairs of August 14, 2017 No. 637. In addition, a copy of the foreigner’s identity document is submitted (clauses 39-39.3 of the Order Ministry of Internal Affairs No. 677).

The application must be accompanied by medical documents that will confirm that the foreigner does not have drug addiction or infectious diseases that are dangerous to others. A certificate confirming that the employee does not have HIV infection is also attached.

To apply for a permit, you need to pay a state fee before issuing the document. It amounts to 3.5 thousand rubles. for each foreigner (clause 24, clause 1, article 333.28 of the Tax Code of the Russian Federation). If you pay the state duty through State Services, a 30% discount is provided - then the duty will be 2.45 thousand rubles.

The permit is issued simultaneously with the invitation to enter. When the employer receives them, he sends the documents to the foreigner so that he can enter Russia legally and find a job.

Responsibility for non-compliance with quotas

For concluding an employment contract with a foreigner by an employer who does not have the right to attract migrants, the organization faces (Article 18.15 of the Code of Administrative Offences):

• fine 250,000-500,000 rubles;
• suspension of activities for a period of 14 to 90 days.

For failure to comply with the permissible share of foreign workers (Article 18.17 of the Administrative Code):

• fine from 800,000 to 1 million;
• suspension of activities for a period of 14 to 90 days.

Stage 5 - register with migration authorities

When a foreign worker arrives in Russia, he must register for primary migration. The employer sends a notification of the arrival of a foreigner to the Department of Internal Affairs of the Ministry of Internal Affairs - in 2022, the document is filled out in the form regulated by Appendix No. 4 to Order of the Ministry of Internal Affairs dated December 10, 2020 No. 856.

This notification must be submitted within 7 working days from the moment the foreigner arrives at the place of stay (Part 3 of Article 20 of the Law of July 18, 2006 No. 109-FZ). When the migration department receives the notification, it puts a corresponding mark in it about the acceptance of the document. Its date is the date the foreign worker is registered for migration.

And only after this the employer has the right to formalize an employment relationship with a foreign worker.

When hiring a foreigner, it is important to correctly determine and indicate the status of the insured person. Incorrect status will result in incorrect calculation of insurance premiums. Depending on the status of the taxpayer, the percentage rate of income tax changes, and the use of a patent by a foreigner reduces the amount of tax subject to withholding and transfer.

News

Responsibilities for employers and guarantees for citizens: new rules for quotas of jobs for people with disabilities come into force

16.02.2022 16:34

From March 1, 2022,
changes to federal legislation on job quotas for hiring people with disabilities will come into force.
Thanks to the new norms, the quota for the employment of citizens with disabilities will be considered fulfilled only after the actual hiring of a person with disabilities. “Legislative changes will provide more opportunities for citizens with special health needs to realize their labor potential

, – notes Deputy Governor of the region Vitaly Tushinov.
“ Now the obligation to place quotas on jobs is considered fulfilled if the employer has created or allocated a job within the quota and reported this to the employment service.”
According to information from the regional Department of Labor and Employment, today there are almost 25 thousand disabled people of working age living in the Vologda region. 4,119 people were employed, including 2,877 people in quota jobs.

Let us remind you that for employers whose number of employees is at least 35 people, the legislation of the region established a quota for hiring disabled people in the amount of 2% of the average number of employees. With the entry into force of the new law, such a quota will be considered fulfilled only if a citizen with a disability is actually employed. Currently, about 1.8 thousand employers operate in the region and are obliged to create or allocate jobs for people with disabilities against the established quota. The total quota at the end of last year amounted to 3,177 jobs.

In addition, the changes consolidate the status of the “Work in Russia” portal as a unified digital platform in the field of employment, which will become the main channel for providing vacancies for employers with an average number of employees of 25 or more. This also applies to providing information about jobs for people with disabilities. Employment center specialists will help in selecting responsible employees capable of performing the necessary job duties. To transfer information, the organization must be registered on the government services portal and have a personal account on the unified digital platform “Work in Russia”.

In 2022, employers in the region announced more than 60 thousand vacancies, including 4.3 thousand - quota jobs. Last year, with the assistance of the employment service, 437 people with disabilities were employed. Since the beginning of this year, 39 disabled people who applied to the employment service have found work.

For advice on quota issues, you can contact the regional Department of Labor and Employment by calling 8(8172) 23-00-68 ext. 0668 (Natalya Aleksandrovna Tsymbalova) or by email

For questions regarding the employment of citizens with disabilities, the employer can contact the employment department at the place where the organization operates.

More good news in our telegram channel Palisade media

News from authorities, Department of Labor and Employment of the Vologda Region, Deputy Governors, Society, Vitaly Valerievich Tushinov
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Stage 6 - notify the Department of Internal Affairs of the Ministry of Internal Affairs about the hiring of a foreign employee

At the last stage, when all documents have been received, an employment relationship with a foreigner is formalized. After this, the employer notifies the Department of Internal Affairs of the Ministry of Internal Affairs about the conclusion of an employment or civil employment agreement.

For this purpose, a notification is used, the form of which is regulated by Order of the Ministry of Internal Affairs dated July 30, 2020 No. 536. The document must be submitted within 3 working days from the date of conclusion of the employment or civil employment agreement. The notification can be in paper or electronic form - in the second case, it is submitted through the State Services resource (Clause 8, Article 13 of Law No. 115-FZ).

Attention! Notification must be submitted not only when a contract is concluded, but also when it is terminated.

In 2022, the employer does not need to send a notification to the Department of Internal Affairs of the Ministry of Internal Affairs about changes in the terms of the employment contract. In addition, he is not obliged to report the assignment of a foreigner to another paid job with the same employer, as well as when changing the address at which the foreigner carries out labor activities.

Who is not subject to established quotas?

Some categories of foreigners have the right to work without restrictions. Among them:

• arrived on a visa-free basis;
• having temporary residence permit or residence permit;
• highly qualified specialists;
• refugees and temporary migrants;
• participants in the resettlement program for compatriots;
• students studying in the Russian Federation;
• members of creative teams during a tour for up to 30 days.

In addition, restrictions do not apply to the attraction of foreign citizens - specialists who are employed in specialties from the list established by Order of the Ministry of Labor of Russia dated July 5, 2019 No. 490n. It includes the following professions:

The nuances of employing highly qualified foreign specialists

Highly qualified foreign specialists are foreigners with appropriate education, work experience, skills and achievements in a certain field of activity (medicine, pedagogy, construction, science, etc.).

The hiring procedure for these employees is simplified compared to other foreign workers:

• they are not subject to quotas;
• no need to obtain a permit to attract foreign labor;
• there is no need to submit an application for the need for foreign employees.

When hiring a foreign highly qualified specialist, the employer does not need to carry out the first 3 stages. Employment begins with obtaining a work permit. First, a petition is sent to the Department of Internal Affairs of the Ministry of Internal Affairs in the form regulated by Government Decree No. 487 of June 30, 2010. Attached to it is a copy of the foreigner’s identity document, a written obligation to pay the costs that will be incurred in the event of the administrative deportation of this specialist from Russia, and also an employment or GPC contract, which comes into force after receiving a work permit (clauses 40-40.4 of Order of the Ministry of Internal Affairs No. 541).

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The concluded contract must comply with the requirements regarding remuneration of highly qualified specialists, which are established by Art. 13.2 of Law No. 115-FZ. In particular, wages must be no less than:

• 83.5 thousand rubles/month. for researchers and teachers;
• 58 thousand rubles/month. for specialists who are hired by a resident of a technology-innovation special economic zone;
• 1 million rubles/year for medical, teaching or scientific employees, if they were invited to work in the territory of an international medical cluster;
• 83.5 thousand rubles/month. for specialists invited by organizations operating in Crimea and Sevastopol;
• 167 thousand rubles/month. for other specialists.

An employer does not have the right to attract highly qualified foreign specialists for retail trade, regardless of the products sold, retail space and forms of customer service.

When an agreement has been drawn up with a specialist, the employer notifies the Department of Internal Affairs of the Ministry of Internal Affairs about this in the form regulated by Order of the Ministry of Internal Affairs No. 536. The document must be submitted within 3 working days from the date of conclusion or entry into force of the employment or civil process agreement.

Employers are also required, no later than the last working day of the month following each reporting quarter, to send a notification to the migration department that they are fulfilling their obligations to pay wages to a highly qualified specialist. The notification form is regulated by Order of the Ministry of Internal Affairs No. 536. The preparation of standard reporting forms for sending to regulatory authorities is available in the Bit.Migrant Accounting program.

Russia has established quotas for hiring migrants

On Monday, October 7, the Russian Cabinet of Ministers established new quotas for hiring foreigners in certain sectors of the economy for 2022.

“The decisions taken are needed to regulate the attraction of foreign labor in certain types of economic activities, taking into account the regional characteristics of the labor market and the need to employ Russian citizens as a priority,” says a message on the government’s website.

Thus, from next year, in the areas of other land passenger and road freight transport, the permissible share of migrants is fixed at 26% of the total number of employees. A similar quota applies in all regions of the country.

At the same time, the quota for foreign labor in the segment of growing vegetables and fruits is set at 50% of the total number of workers. At the same time, this measure does not apply to enterprises in the Primorsky Territory and the Astrakhan Region - they are required to hire only Russian citizens for such employment.

It is curious that Russia is ready to employ the most migrants in the construction sector. There the quota is 80% and there is no restriction on the position of a foreigner who can get a vacancy as a general worker or become a foreman.

However, the norm does not apply to construction sites in Moscow, Dagestan, Buryatia and the Amur region.

There are also industries that are completely closed to migrants, in which they cannot work, regardless of the region. For example, foreigners cannot engage in retail trade in non-stationary retail outlets, pharmacies, markets, as well as other trade outside of shops, tents and markets.

At the same time, regional authorities can reduce or increase the size of the quota at their discretion, admit analysts interviewed by Gazeta.Ru.

Thus, since 2015, a special government decree has been in force, which gives the right to the highest official of the subject to establish a ban on attracting foreign forces to fill vacancies, noted Elena Proskurova, head of the private law practice of NUS Amulex.

This right is already actively used in the Primorsky Territory. According to local media reports, the head of the region, Oleg Kozhemyako, will introduce a ban on the use of foreign workers in the transport sector from the beginning of 2022 - for drivers of city and suburban buses, trams, trolleybuses, and taxis. As a result, 300 foreigners who have already acquired patents to work in the region may lose their jobs. At the same time, the head of Primorye connects his decision with concern for the population and the desire to provide jobs to local residents.

Right to foreign labor

According to the FSB border service, in the first half of 2022, 2.4 million foreigners came to Russia to work. Traditionally, citizens of CIS countries go to work. Thus, the leader in the number of arrivals was Uzbekistan, from which about 918 thousand people arrived in the Russian Federation in six months of this year. Tajikistan is in second place in terms of the influx of migrants to Russia (524 thousand visitors), and visitors from Kyrgyzstan (265 thousand) close the top three.

At the same time, the migration flow from Ukraine, whose authorities are demonstrating an unfriendly policy towards our country, has not fallen for the third year in a row. Year to date

164 thousand Ukrainians came to Russia to buy a long ruble.

Citizens of Ukraine come to us because they are trained in a certain range of professions that are in demand in Russia, but are completely unnecessary in the European Union, experts admit.

“For this reason, they come to the country and take positions as junior medical staff in government institutions or, under a contract, care for seriously ill patients at home. The authorities benefit from this trend, so they are trying to support it in every possible way,” said Yuri Moskovsky, head of the migration commission of the Council for Nationalities under the Moscow government, in a conversation with Gazeta.Ru.

The analyst’s words are clearly confirmed by the latest initiative of the Ministry of Labor. Thus, the department proposes to introduce a simplified procedure for obtaining citizenship for foreigners of certain professions. The changes may affect physician specialties, including obstetricians, pediatricians, veterinarians, nurses and emergency medical technicians. Also on the list are educators and teachers.

If the ministry’s initiative passes three readings in the State Duma, then foreigners in these specialties will be able to obtain citizenship under a simplified system. To obtain a Russian passport, a candidate will only need to work in his specialty in Russia for at least a year.

The logic of the Ministry of Labor in choosing specialties is easily explained, says Moskovsky. The fact is that Russians are not ready to work as doctors and teachers for meager salaries. According to recent data from Rosstat, the average salary of junior medical personnel in municipal organizations in the Kaluga region for the first half of 2022 was 7.7 thousand rubles. In other regions, the situation is somewhat better - on average, junior staff in the country receive 28.2 thousand rubles.

In fact, in Russia there is already a shortage of medical personnel, and representatives of the educational sector are on the way, the expert admits, adding that the authorities are trying to plug the hole in the segment at the expense of migrants. "Besides,

Migrants make it possible to fill positions in the service sector, which, in addition to catering staff, includes taxi and public transport drivers. According to various estimates, in Moscow alone, migrant workers make up about 10% of the total number of employees,”

- Moskovsky points out.

It is noteworthy that the problem of labor shortage is not unique to Russia. The European Union is also trying to attract foreigners to work. According to statistics from the UN Department of Economic and Social Affairs, the number of migrants in the EU has increased by almost a third in nine years to 82 million people.

Germany and France attract the most foreign labor. Most often, migrants in the EU, just like in Russia, take up vacancies in the service sector. However, in Denmark and Sweden the government provides grants for hiring foreigners in the IT segment. The authorities explain such competitions by the lack of personnel in this area among local citizens.

Nuances of employing foreign workers from EAEU countries

The procedure for hiring foreign workers from the EAEU countries (Belarus, Kazakhstan, Armenia and Kyrgyzstan) is even simpler than hiring highly qualified specialists.

Such workers do not need to obtain a work permit or patent. In addition, they are also not subject to quotas, and employers do not receive permission to attract foreign labor.

For workers from EAEU countries, employers should not provide a guaranteed minimum wage (as for highly qualified specialists). In addition, the company is not required to regularly report on the payment of wages to them.

But companies that have hired foreign workers from the EAEU are required to notify government agencies about the arrival of foreigners in the Russian Federation, as well as about the conclusion or termination of an employment or civil service contract.

Notification of arrival is submitted only if the foreign worker resides in Russia for more than 1 month. The notice of employment is submitted in the form regulated by Order of the Ministry of Internal Affairs No. 536. The document must be submitted within 3 working days from the date of conclusion of the employment or civil process agreement (Clause 8 of Article 13 of Law No. 115-FZ).

The implementation of 1C:ZUP will significantly simplify the accounting and control of contributions and taxes for foreign citizens. If you have any questions, leave a request on the website or call our specialists in your city!

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New quotas 2022 for foreigners

The Government of the Russian Federation establishes quotas for hiring foreigners annually (Clause 5, Article 18.1 of Law No. 115-FZ). The indicators used in 2022 are covered by Decree of the Government of the Russian Federation dated November 12, 2020 No. 1823. In comparison with the figures in force in 2022 (they were approved by Decree of the Government of the Russian Federation dated September 30, 2019 No. 1271), there are a number of significant changes in the 2021 quotas:

• the list of industries for which restrictions have been introduced has expanded;
• The share value for two industries was changed downwards.

The list was expanded to include:

• forestry and logging;
• wood processing and production of wood products;
• wholesale trade in unprocessed wood, wood raw materials, lumber;
• property management for a fee;
• activities for maintenance of buildings and territories.

For activities related to forestry, logging, wood processing and trade, the quota was 50% of the total number of employees. For activities related to property management and maintenance of buildings and grounds, it is set at 70%.

The share of foreigners involved in activities carried out in transport was reduced by 2% (from 26% to 24%):

• land passenger;
• truck.

Without changes compared to 2022, the shares for:

• growing vegetables (50%);
• construction (80%) - this restriction still does not apply to Dagestan (a quota of 50% continues to apply there), Buryatia, the Amur region and Moscow;
• carried out in specialized retail stores of alcoholic beverages (15%) and tobacco products (15%);
• retail sale of medicines in pharmacies (0%);
• retail trade carried out outside of stationary facilities (0%);
• activities in the field of sports (25%).

For a complete list of 2021 quotas limiting the hiring of foreigners, see the table:

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