Notice of dismissal of a foreign citizen - form 2021

Why write a notice of dismissal of a foreigner?

In accordance with paragraph 8 of Art.
13 of the Law “On the Legal Status of Foreign Citizens” dated July 25, 2002 No. 115-FZ, Russian employers are required to notify the territorial internal affairs body both about the hiring of employees with foreign citizenship and about their dismissal. In case of violation of this norm, the employer faces an impressive fine - up to 800 thousand rubles. (clause 3 of article 18.15 of the Code of Administrative Offenses of the Russian Federation). For Moscow, the Moscow region, St. Petersburg, as well as the Leningrad region, the maximum amount of sanctions is even higher - up to 1 million rubles. An employer can also be fined for other violations, for example, for untimely dismissal of a foreigner whose patent has expired, or the employer’s permission to bring in foreign employees has been revoked, etc.

ConsultantPlus experts explained what violations employers commit when dismissing a foreign employee and what sanctions are provided for them. Get trial access to the system and move on to the finished solution.

Notification of the dismissal of a foreigner must be sent to the Department of Internal Affairs within three days from the date of termination of the employment (or civil) contract with him.

Read about the specifics of hiring foreigners in this article .

Common reasons for dismissal

When a foreigner quits of his own free will or, for example, due to the expiration of a contract, the head of the enterprise fills out all the documents as in the case of termination of employment with a Russian. This format requires:

1. draw up a dismissal order and familiarize the employee with it;
2. make appropriate entries in your personal card and work book;
3. make a full calculation.

Depending on the grounds on which the foreigner is dismissed, the employer’s course of action will also depend.

At your own request

A foreigner, like a Russian citizen, can express his desire to resign. It is important that the employer is notified of this 2 weeks in advance (with the exception of cases where the employee has good reasons for leaving prematurely).

This form of dismissal in relation to foreigners is not further regulated, so the employer should rely on Art. 80 Labor Code of the Russian Federation. Since the employee has a desire to terminate the contract, it is he who initiates the dismissal process by submitting a written application. After which an order is drawn up and the remaining documents are drawn up.

If a foreigner is temporarily staying in the country and has only a visa (no residence permit or temporary residence permit), then the employer is additionally obligated to notify the Federal Migration Service of the employee’s dismissal.

If the contract expires

Many employers prefer to hire foreigners to work in their organization, concluding a fixed-term employment contract with them. At the same time, Art. 59 of the Labor Code of the Russian Federation does not contain information about the need to use this form of relationship.

The peculiarity of a fixed-term contract is that it has a validity period. After this time, the parties can agree to extend the document. However, this must be done in advance. A foreigner must obtain a quota from the migration service 15 days before the end of work. They are issued almost always and require complex registration.

If the parties have not reached a common agreement or the employee does not want to continue working at the enterprise, then dismissal is formalized with the drawing up of an order.

If an employee is fired by an employer

An employer can fire a foreigner on his own initiative if he has serious reasons for this, a full list of which is presented in Art. 81 Labor Code of the Russian Federation. For example, termination of a contract may occur due to:

• liquidation of the organization;
• staff reductions;
• gross violation of discipline;
• failure to fulfill duties;
• mismatch of qualifications for the position.

In all these cases, the manager must prove the need for dismissal. For example, disciplinary punishment must be confirmed by an act. You need to remember the nuances of each dismissal option:

1. if the enterprise is liquidated, the employer not only notifies all employees without exception (even those working on a fixed-term contract) in advance, but also pays certain compensation;
2. in the event of a layoff, the employer also notifies the employee of the upcoming procedure 2 months in advance (for conscripts and part-time workers the deadlines are shorter), offers a position that corresponds to his qualifications, and only in case of refusal formalizes the dismissal and pays compensation and severance pay;
3. in case of violation of labor discipline for some offenses, it will not be possible to dismiss immediately; in this case, an oral and written reprimand is first issued, and only then the employment contract is terminated; moreover, all facts of violations must be documented and confirmed;
4. non-compliance with a position as a reason for dismissal can not be applied to all positions, but only to those that require certain qualifications, and in addition the employer will have to record the fact of non-compliance and conduct certification; without it, it will not be possible to dismiss a foreigner.

In each case, the list of required documents will be supplemented, however, drawing up an order, making calculations and entering information into the work book will remain mandatory.

By mutual agreement

When the parties come to a mutual decision to terminate the employment relationship, paperwork will be minimal. In this case, it is enough to draw up an order and make entries in your personal card and work record. After all the documents are presented to the employee against signature, a full payment is made.

Special cases

Sometimes an employer has to deal with less frequent reasons for dismissal. For example, these could be the death or deprivation of liberty of an employee. Here you also need to be guided by labor laws. Each case has its own procedure, by following which the employer will not break the law, and the employee will have no reason to go to court.

What form of notification should be used in 2022

The document is drawn up according to the form approved in Appendix 8 to Order No. 536 of the Ministry of Internal Affairs of Russia dated July 30, 2020. It is intended to indicate:

• the name of the territorial internal affairs body where the document is sent;
• employer status (legal entity, individual entrepreneur, lawyer, just an individual, etc.), its name (full name), OGRN, INN, KPP, main OKVED, address, telephone;
• surname, name, patronymic of a foreign citizen;
• citizenship;
• date and place of birth (country, locality) - the place is indicated if such information is available;
• name, series, number, date of issue of the employee’s identity document, as well as the name of the organization that issued the document;
• numbers and dates of issue of a citizen’s migration card;
• addresses and dates of registration or registration of the employee;
• information about a foreign citizen’s work permit or the patent he owns (if any) - the name of the document, its series, number, date of issue and name of the issuing authority, validity period;
• information about international agreements, according to which a citizen may not have a work permit in the Russian Federation;
• profession of a foreign worker in accordance with OKSO, OKPDTR, OKZ;
• the type of document establishing the legal relationship between a foreigner and a Russian employer (employment contract, civil contract);
• date of dismissal of the employee;
• notes that legal relations with the Russian employer were terminated on the initiative of a foreigner (or, conversely, not on his initiative);
• date of document preparation;
• Full name of the employer's representative;
• number of the power of attorney by which the notification is transmitted to the Federal Tax Service (if a power of attorney is used), full name and passport details of the authorized person.

The notice must be signed by the employer's representative or his authorized representative.

To learn about the rules governing the procedure for taxing the income of foreigners with insurance premiums, read the material “Insurance premiums for foreigners in 2022 - 2021” .

Suspension and dismissal

If a person with foreign citizenship who works in Russia has expired permits, this does not mean that such an employee will be immediately asked to leave. In Part 2 of Art. 327.6 of the Labor Code of the Russian Federation states that in such situations, the termination of labor relations is carried out after one month from the expiration date of the relevant permit.

Download a sample memorandum on the expiration of a patent

During this month, the person is considered to be suspended from performing his or her job duties. The removal is formalized by issuing a separate order. If problems with documents are not resolved within 30 days, the foreign employee is subject to dismissal.

Download a sample order to remove a foreign worker from work due to the expiration of a patent

Download a sample order for the removal of a foreign citizen from work due to the expiration of a residence permit

Download a blank form for an order to suspend from work (not allow to work) an employee who is a foreign citizen (or stateless person)

Additionally:

Download a sample order for permission to work after the removal of a foreign worker

The procedure for terminating an employment contract itself is carried out according to a standard mechanism. A dismissal order is issued, the employee reads the document and confirms the fact of familiarization with a personal signature. On the last day of work, the dismissed person receives a work book and a paycheck.

Where can I find a sample notice of dismissal for an employee with a foreign passport?

You can download the form and sample document on our portal.

A completed sample notification can be downloaded from ConsultantPlus. To do this, use the link below to get trial demo access to the system and go to the material for free:

Is it necessary to notify the Ministry of Internal Affairs about the conclusion/termination of an employment relationship with a citizen of Belarus? The answer to this question is in ConsultantPlus. Get trial access to the system and find out the opinion of experts on this issue.

Grounds for terminating an employment contract with an employee

All possible grounds for termination of employment relations with foreign employees can be divided into general reasons regulated by Article 77 of the Labor Code of the Russian Federation, and special reasons specified by Article 327.6 of the Labor Code of the Russian Federation.

General grounds apply to the dismissal of any employees - both citizens of the Russian Federation and foreigners.

As established by Article 77 of the Labor Code of the Russian Federation, these include the following typical grounds:

1. Personal initiative of the employee himself.
2. Personal initiative of the management of the employing organization.
3. Agreement between employee and employer.
4. Completion of the established period of validity of the employment contract.
5. Change of employer by an employee (if the employee himself asked for it).
6. Refusal of an employee to continue working due to a change in the ownership of the employing company's assets, reorganization of the enterprise or change in the terms of the contract with the employer.
7. Refusal of an employee to change the type of activity prescribed by a medical certificate, or to move with the employer to another area.
8. Failure to comply with regulated rules for formalizing labor relations.
9. Circumstances that do not depend on the actions or desires of the parties.
10. Other grounds for dismissal provided for by law.

In addition to the general reasons for terminating employment relations with foreign employees, special reasons may also be used, defined by Article 327.6 of the Labor Code of the Russian Federation:

1. A foreign citizen has left the territorial borders of the Russian Federation (forcibly or voluntarily).
2. Cancellation, expiration or suspension of a permit allowing the attraction and use of foreign labor.
3. Cancellation or expiration of the permit allowing a foreign employee to stay or carry out work activities within the borders of the Russian Federation.
4. End of the health insurance period.
5. Other grounds specified in Article 327.6 of the Labor Code.

Results

To avoid a large fine, an employer who had an employment relationship with a foreign citizen must notify the internal affairs authorities of his dismissal. To do this, you should use a special form that is approved by the Ministry of Internal Affairs.

Sources:

• Federal Law of July 25, 2002 No. 115-FZ
• Code of Administrative Offenses of the Russian Federation

You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

conclusions

Termination of employment relations with a foreign employee is carried out legally.

In order to lawfully dismiss a foreign citizen, it is necessary to follow the established procedure, draw up the appropriate documentation, and fill out the work book of the retiring employee. In addition, a full settlement is made with the departing employee.

Another point is sending proper notification to the competent government agency about the fact of dismissal of a foreign worker.

Failure to comply with this procedure may result in the employer being subject to administrative liability.

Reduction and liquidation

If a company plans to optimize its staff, it will have to notify the employees subject to layoffs in advance. Notify the laid-off specialists against their signature no later than two months before dismissal. The same two-month rule will have to be observed if the organization is to be completely liquidated.

The dismissed employee must sign the notice of termination of the employment contract, that is, confirm the fact of its receipt. If an employee refuses to mark receipt, document the refusal in a document. In the presence of witnesses, read the notice of termination of the employment contract out loud to the employee. Then draw up an act stating that the notice of termination was presented to the specialist, read aloud, but he refused to read it under signature.

IMPORTANT!

If an employee is engaged in seasonal work, then he must be notified of the reduction (liquidation) no later than seven calendar days before dismissal (Part 2 of Article 296 of the Labor Code of the Russian Federation). And if a fixed-term employment contract has been concluded with a hired specialist for a period of less than two months, then send a notice of termination of the employment agreement no later than three calendar days (Article 292 of the Labor Code of the Russian Federation).