We draw up an employment contract with a foreign worker

General rules

All issues related to the regulation of the life and work of foreigners in Russia are spelled out in Federal Law No. 115-FZ dated July 25, 2002 “On the legal status of foreign citizens in the Russian Federation.”
Article 13 of the law allows foreigners to work in the Russian Federation, and both individuals and legal entities have the right to conclude employment contracts with them. Depending on the status of a foreigner in the Russian Federation, concluding an employment contract with a foreign citizen and other related documents has its own peculiarities. Visitors are:

• temporarily staying in the territory of the Russian Federation (with or without a visa);
• temporarily residing on the territory of the Russian Federation;
• permanently residing in the Russian Federation.

The procedure for processing papers is also influenced by the country from which the person came, and mutual agreements between the governments of the two states. If a citizen entered Russia from a country with a visa-free regime and special employment conditions, the same rules are provided for him. If he comes from a country with which visas and other restrictions apply, the employment contract is concluded taking into account quotas and other important points.

A separate procedure for concluding work contracts with Russian organizations is provided for in Chapter 50.1 of the Labor Code of the Russian Federation for citizens of the Eurasian Economic Union. Let's look at the employment algorithm and a sample employment contract with a foreign citizen in 2022 in more detail.

IMPORTANT!

As soon as a foreigner receives Russian citizenship, employment relations with him are formalized as with an ordinary citizen of the country.

Does foreign citizen status matter?

Over the past few years, Russia has been one of the top three countries with the largest number of foreigners. Many of them go to other countries in search of good jobs. One of the attractive places for employment is Russia. Therefore, it is important for employers to find out in advance what nuances exist when hiring this category of citizens.

It is impossible to refuse employment because of another citizenship if all his documents are in order. Moreover, both individual entrepreneurs and organizations can employ a foreigner.

The most important thing is to draw up the employment contract correctly . And the nuances of its preparation depend on the basis on which the foreigner is in Russia and what status he has. There are several options here:

1. temporary stay;
2. temporary residence;
3. permanent residence.

Additionally, you need to take into account that Russia’s relations with different countries are not always the same. Thus, people from some CIS countries come without a visa and get a job in a simplified manner. Others require a special visa and additional conditions to be employed.

The conclusion of an employment contract in these two cases will be very different. The presence of special restrictions additionally obliges the employer to take into account the presence of work quotas and other features. By the way, citizens from the countries of the Eurasian Economic Union have their own employment procedure. The conclusion of an employment contract with them occurs in accordance with the main article 50.1 of the Labor Code of the Russian Federation.

A foreigner came for a vacancy: employer actions

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

Regular employment

Foreigners with a residence permit in Russia (RP) or a temporary residence permit (TRP) are employed according to the norms of the Labor Code of the Russian Federation on the same conditions as Russians. This is the general rule both when a fixed-term employment contract is concluded with a foreign citizen, and when an agreement is drawn up without restrictions on its duration. But be sure to check the validity period of the documents allowing you to reside in the country, and promptly notify the migration authorities about hiring a foreign worker (period of 3 days). These are all the features of an employment contract with persons with temporary residence permits and residence permits, there are no others.

IMPORTANT!

From 01.11.2019, a residence permit is issued for an indefinite period. Exceptions: highly qualified specialists - they will be issued a residence permit for the duration of the work permit, and stateless persons - they will receive a residence permit for 10 years. The residence permit is valid for 3 years without the possibility of extension.

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

Work permit

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

Usually, and this norm is approved in paragraph 8 of Art. 18 of Federal Law No. 115-FZ of July 25, 2002, the employer takes part in obtaining a work permit. This document states:

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

Please note: the permit is issued to work for a specific employer. If a person quit of his own free will and decided to find a job in your organization, he needs to obtain a new permit, where the name of a different employer will be written down. Otherwise, a fine is possible under Art. 18.15 of the Code of Administrative Offenses of the Russian Federation for engaging a foreigner without a work permit (see Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated May 19, 2009 No. 17066/08 in case No. A06-3570/2008-23). An exception is the employment of a foreigner dismissed due to the liquidation of the previous employer or the cancellation of the company’s (IP) documents allowing to attract foreign labor. In this case, clause 13 of Art. 18 of Law No. 115-FZ allows you to conclude an employment contract on the basis of a previously issued work permit, but provided that there are at least 3 months before its expiration date.

Patent for work

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

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

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

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

Let us show an example of what an employment contract should look like for foreign citizens employed under a patent, regardless of citizenship and nationality:

ConsultantPlus experts examined whether it is possible to hire a foreign citizen without a work permit who has a certificate of temporary asylum. Use these instructions for free.

Highly qualified personnel

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

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

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

The characteristics of such citizens are given in the table:

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

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

What documents should an employer request from a foreigner?

The list of documents that a foreigner must submit looks like this (Article 327.3 of the Labor Code of the Russian Federation):

1. Identity document.

   As a rule, this is the national passport of the foreigner.

2. SNILS.

   SNILS must be obtained either by the foreigner himself or his employer. Confirmation of registration with the Pension Fund is now being issued.

3. VHI policy.

   All foreigners must take out a VHI policy, with the exception of citizens of Belarus, as well as foreigners who have a temporary residence permit or residence permit. An alternative to a VHI policy is a concluded agreement with a medical organization, which provides for the provision of primary care to the employee, as well as emergency care.

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4. Work permit or patent.

   The temporarily staying foreigner must have these documents.

5. RVP or residence permit.

   If such documents are available, the foreigner does not need to apply for a patent. But a foreigner can only work in the constituent entity of the Russian Federation where temporary residence is permitted.

6. Diploma or other educational document.

   If a foreigner is required to have special knowledge for work, he must present the employer with a document on education. Such documents must be legalized in Russia and have a translation into Russian.

7. Migration card.

   For a visa-free temporarily staying foreigner, this is a permit document that gives him the right to stay in Russia for up to 90 days legally.

8. Visa.

   This document is provided by foreigners who come to Russia from visa countries.

9. Employment history.

   If a foreigner worked in Russia, he may have a “paper” or electronic work book.

10. Other documents that are necessary to work in a specific profession.

    For example, an employer may request a foreigner to provide a certificate of no criminal record.

Employment contract with a foreigner: registration

The procedure for employing a foreigner is described by the general norms of the Labor Code and does not differ from the mechanism that applies when hiring a Russian. But there are several features, knowledge of which will help the employer remain clean before the law. Employers are prohibited from hiring a foreign citizen who has not reached the age of majority. If a person is over 18 years old, an employment contract is concluded in the usual manner.

It is permissible to include in the contract additional information regarding its status in Russia and related details:

• work permit;
• residence permit or temporary residence permit;
• VHI policy;
• terms of payment for travel to and from work;
• the employer's obligation to provide the employee with housing.

If a newly hired employee does not speak Russian, the contract is translated into his native language or into one that he speaks (for example, if the employee is Japanese, then it is easier to translate the contract into English). The document is drawn up in two languages ​​so that the employee knows what he is signing.

If you have doubts about the correctness of the translation, start with a draft. When preparing it, make sure that contracts in different languages ​​are understandable to both parties and are identical in terms.

It is important to understand that sample employment contracts with foreign citizens differ depending on the above conditions, the nature of the activity and position. There is no universal template, but if desired, the employer has the right to adapt the standard employment contract approved by Decree of the Government of the Russian Federation dated August 27, 2016 No. 858. To do this, add to the form the conditions provided for in Article 327.2 of the Labor Code of the Russian Federation.

Employment of persons holding a work patent

Foreigners who come to the country without visas have the right to work using a patent. In this case, you need a sample employment contract with a foreign worker under a 2022 patent.

The patent is issued by the Ministry of Internal Affairs, and foreigners themselves apply for it. The price of a patent is related to the validity period and the subject in which the document was issued. Every month a person must pay an advance for the right to work. You can work using a patent for no more than 2 years in a row, then the person must leave the borders of the Russian Federation, then return to the country if he plans to continue working.

When hiring a foreigner with a patent, the employer must check:

• validity;
• name of the entity in which you are allowed to work.

An enterprise from one region has the right to hire a foreigner who has a patent issued to work in another region where he plans to work. The sample employment contract with a foreign citizen under patent 2022 must clearly indicate the place of work and the entity where it is located. A person will be able to carry out activities only in the specialty that is enshrined in the patent, in the region that is specified in the document.

When accepting applicants with a patent, you must notify the migration control authorities within 3 days of employment.

Transfer of data to the Ministry of Internal Affairs

The employer should pay special attention to the procedure for notifying regulatory authorities about the beginning of their cooperation with a foreigner. In particular, the law gives three days from the date of signing an employment contract to notify the territorial bodies of the Ministry of Internal Affairs about its existence. The notification that the employer sends to the migration authorities is filled out on a special form approved by Order of the Ministry of Internal Affairs of Russia dated July 30, 2020 No. 536.

IMPORTANT!

The law does not require preparing a separate sample employment contract with a migrant for the Federal Migration Service (Ministry of Internal Affairs); officials only need to notify about the employment of a foreigner.

The notification is given in person, by mail or via electronic communication channels (in the latter case, an electronic signature will be required). A completed notice of concluding an employment contract with a foreigner looks like this:

Apart from the notification, no other documents need to be submitted to the Ministry of Internal Affairs. But if this standard is not met, the employer faces a fine of up to 800,000 rubles. Sanctions for Moscow and St. Petersburg enterprises are higher - up to 1 million rubles.

Sample documents

To simplify the procedure for registering foreigners, we offer you to download ready-made samples that can be quickly modified.

FMS notification form:

Sample notice of concluding an employment contract with a Kyrgyz foreigner 2022:

Form for notification of termination of an employment contract with a foreigner:

Registration of a medical policy

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

What are the consequences of working as a foreign citizen without an employment contract?

In order to avoid paying taxes, employers do not formalize official relations with foreigners. In such a situation, punishment awaits both the employer and the illegal worker.

For the employer, this is a fine in the amount of 400 thousand to 800 thousand rubles (Article 18.15 of the Code of Administrative Offenses of the Russian Federation). For Moscow companies and companies in St. Petersburg, the fine reaches up to 1 million rubles or suspension of activities from 14 to 90 days.

For an illegal immigrant - a fine of 5 thousand rubles and deportation from Russia.

Dismissal

A foreigner must be fired in the same way as a Russian citizen. But this procedure also has several features. Foreign citizens may be dismissed on several additional grounds, defined by Article 327.6 of the Labor Code of the Russian Federation:

• the employee’s residence permit in the Russian Federation or temporary residence permit has expired or been revoked;
• the employee’s work permit has expired;
• the foreigner’s patent has expired;
• The company has exceeded the number of foreign workers on its staff. This indicator is set annually by the government depending on the type of economic activity;
• the company’s permit to employ foreigners has expired or been revoked;
• The employee’s VHI policy or other agreement confirming the availability of medical insurance in the Russian Federation has expired.

If the termination of an employment contract with an employee is due to the expiration of his documents, then the employer has 30 days to dismiss him. The Ministry of Internal Affairs is also notified of the termination of an employment contract with a foreign citizen in 2022. For failure to comply with this rule, the employer faces the same fines as for missing the deadline for notifying a migrant’s employment.

What should an employer do?

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

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

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

Before you download a free sample employment contract with a citizen of Kyrgyzstan in 2022 or another country, you need to understand the differences. Therefore, we will consider each option in more detail.

How to employ someone from abroad

You will need:

• Identity documents.
• Work permit in the Russian Federation.
• Work experience record book. In case of absence, start one (employer does).
• Have insurance in the Russian Federation. No? Need to do.
• Confirmation of education and skills.

Qualified personnel

Regardless of status and qualifications, foreign citizens obtain a work permit. The difference with other workers is only in wages. It is high for qualified employees.

But that is not all. Highly qualified workers are usually lured away and work permits are issued according to a different algorithm.

1. The organization notifies the FMS that it wants to invite a foreign worker.
2. A detailed contract is drawn up, which specifies the rights and obligations of the one who works and the one who provides the work. The nuances of cooperation are also spelled out.
3. A receipt from the employer that he will bear the costs in the event of the employee’s deportation.

Usually they invite the best employees who occupy only high positions.

Unskilled personnel

More recently, unskilled workers were employed only by private entrepreneurs under contract contracts for foreigners.

Now, according to the new laws, any person coming from abroad can work wherever he wants (but more often, wherever he is accepted) if he has a patent. The patent is drawn up about one month from the date of arrival in the country.

A number of restrictions are imposed on the document. It is valid from one to twelve months. You cannot extend it more than once a month (thirty days). Has force only on the territory of the employer.

To obtain a patent, you must have:

• Completed patent application.
• A document that is easily identifiable.
• Migration card.
• Medical insurance.
• The standard 3rd form is a certificate of absence of infectious diseases.
• Documentary evidence of a foreigner’s knowledge of the Russian language, history (basics), legislation.
• A document confirming temporary registration at the place of residence.

To obtain a patent, a foreigner needs to submit the following certificate to the Federal Migration Service:

statements

FMS should know

If a working agreement between an employer and a migrant is signed or terminated, the FMS must be notified about this. Submitted no later than three days after the conclusion/termination of a business relationship. Form for informing the FMS:

Notice of conclusion of the contract

Notice of termination of contract

About the patent

The cost of using a patent for a non-resident (fee) is 4,000 rubles per month. Even one day of delay will result in the patent being revoked.

Salary

No cash or envelopes. Foreigners are paid only by bank cards.

Taxes

All non-residents insured by the social insurance system pay 1.8% of the total salary.

If the company cannot provide work in the specialty or the Federal Migration Service has issued a message, and even if the limit of the required labor force has been exceeded, the employer can make changes to the employment contract or terminate it altogether. This is the selyavi.