A visa-free foreigner comes on a business trip. Business trips of foreign employees

Required document or a waste of time: find out whether you need to fill out a separate form to confirm the length of an employee’s stay on a business trip, and what alternatives employers have today.

In the article:

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Application and cancellation of travel permits

Until 2015, filling out a travel certificate was considered an integral stage registration of any business trip. Even if an employee left on work matters for only one or two days, the personnel officer prepared everything required documents, including double-sided form No. T-10.

The standard travel certificate (you can download the Word form at the beginning of the article) included: general information about the trip, and on the reverse side there were notes about the employee’s arrival at the appointed place and departure from it. Thanks to such a document, confirming the timing of the trip and the location of the seconded employee is not difficult, since all entries in Form No. T-10 are certified by the sending and receiving parties.

★ As part of the course on simplification personnel records management the travel certificate was canceled (Resolution of the Government of the Russian Federation No. 1595 of December 29, 2014). From January 8, 2015, employers can send employees on business trips on the basis of one document - an order, issued on a unified or locally developed form. Read more about new rules for documenting business trips of any duration an expert from System Personnel will tell you.

Travel certificate: sample form + instructions

The travel certificate has been cancelled, but many companies continue to use it in their work. The reason is simple: having an identity card relieves the employer of the need to double-check the location of a posted employee using checks, receipts, tickets, reports and other scattered documents.

Form No. T-10 is also used when filling out - data on each day of the trip is transferred by the timekeeper or personnel officer to form No. T-12 or No. T-13 without indicating the exact number of hours worked by the employee.

★ The HR System expert will tell you how to correctly reflect the time of a business trip in accounting documents, including if There were weekends or holidays during the trip.

We recommend downloading a travel certificate form and using it at work if employee business trips are a frequent occurrence in the company. It will make it much easier to keep track of business trips and confirm their dates.

Fill out the form according to the instructions:

Step 1. In the header, indicate the full name and details of the sending organization, as well as registration number and the date of the document.

Step 2. Fill out the employee information section. Indicate his last name, first name and patronymic, personnel number, position and structural subdivision, as well as the destination and purpose of the trip. Write how many days the business trip will last, not taking into account the days on the road, and the exact dates of its start and end. This is what a completed travel certificate looks like (sample front side with basic information about the posted employee and the upcoming trip):

Step 3. Fill out the reverse side of the form directly on the day the employee departs on a business trip. Make a note about leaving your place of permanent work, indicating the exact date, and certify the data with the signature of the responsible person - for example, the head of the personnel department.

Step 4. Hand over the completed and certified form to the employee leaving on a business trip. Upon arrival at the appointed place, he will hand over the travel certificate to the receiving party, who will make a new note - about arrival:

Step 5. Upon the employee’s return, accept his completed travel certificate and make sure that all the necessary marks are included in it. If a business trip involved visiting several places, there may be many notes, since each organization makes two records - about arrival and departure. Close the document with an arrival note on permanent place works:

How to confirm a business trip without using a travel certificate (form No. T-10)

After the abolition of mandatory travel certificates, job assignments and logbooks for posted employees, employers have a new problem: how to confirm that the employee was actually on a business trip and was dealing with tasks set by management, and not with personal matters?

You can prove the fact of the trip and its duration using travel tickets with dates stamped on them, receipts from gas stations (if the employee used a personal or company car), receipts from hotels and hostels. If there are no tickets or receipts, or the employer wants to make sure that the travel time is not wasted, a memo is drawn up with notes from the receiving party.

The memo is drawn up in any form, certified by all the necessary signatures and submitted to the personnel department upon return from the trip. Based on such notes and other supporting documents employer pays employee's stay on a business trip.

It is not necessary to issue a travel certificate, but it is useful: in this case, the employer receives full documentary evidence of the entire period of the employee’s stay on the work trip. As an alternative standard form No. T-10 companies can use their own travel certificate forms or other documents that allow them to establish the location of an employee on a specific date: travel tickets, hotel checks, office notes and reports.

A business trip is a trip by a worker on behalf of the employer, necessary to complete a work assignment. The employee is sent to certain period outside his place of official employment. In addition, a work trip is also a trip by an employee to one of the divisions of the enterprise, which is not a place of permanent employment. This can be either a branch or a representative office. Please note that the business trip of an employee is permitted only when an agreement has been drawn up with him employment contract. And if it is concluded civil contract, then the trip is not considered a business trip. There is also the concept of a business trip, which means continuous work of a traveling nature or, most often, work associated with constant travel. Traveling work is the movement of employees to one or several points at once, as well as from one point to another.

Who cannot be sent on a business trip?

In accordance with the order of the Ministry of Health and Social Development of the Russian Federation dated September 17, 2007 No. 607, foreigners who are temporarily staying in our country cannot work outside the Russian Federation, with the exception of the territory where they were issued a work permit. It is worth noting that there is still a ban on work for those foreigners who work in a certain position and profession, which is provided for by this order. It is necessary to pay attention to the fact that even temporarily staying citizens holding creative and work positions, as well as employees and managers of enterprises and departments can serve in another region.

Application
ToorderMinistry of Health
and social development of the Russian Federation
dated July 28, 2010 N 564n

Cases of implementation labor activity a foreign citizen or stateless person temporarily staying (residing) in Russian Federation, outside the boundaries of the constituent entity of the Russian Federation in whose territory they were issued a work permit (temporary residence allowed)

1. A foreign citizen or a stateless person (hereinafter referred to as a foreign citizen) temporarily staying in the Russian Federation has the right to carry out labor activities outside the boundaries of the subject of the Russian Federation on the territory of which they were issued a work permit, if they perform work in the following professions and positions :

workers' professions:

asphalt concrete worker;

car driver;

handcar driver;

make-up artist;

orderly;

road worker;

draper;

insulator;

mason;

dresser;

galley man;

sailor-diver;

dredge sailor;

concrete pump operator;

motor grader operator;

asphalt operator;

auto compressor operator;

auto drill operator;

drilling rig operator;

concrete paver operator;

bulldozer driver;

self-propelled roller driver;

piledriver driver;

crane operator (crane operator);

operator of a machine for making joints in freshly laid concrete;

by doing road works;

loading machine operator;

mortar pump operator;

Excavator driver;

diesel train driver;

locomotive driver;

the Machinist of a diesel locomotive;

traction unit operator;

electric locomotive driver;

electric train driver;

boiler plant operator;

pump-action driver (dockerman);

track fitter;

mechanic (machinist);

illuminator;

pyrotechnician;

skipper;

assistant locomotive driver;

mechanic's assistant;

conductor;

prop master;

shore worker;

helmsman (steerman);

mullet fisherman;

coastal fisherman;

photographer;

marine electrician;

employee positions:

accompanist;

ballet dancer;

ballet dancer (soloist);

the artist is a slapstick clown;

artist leading the concert;

artist-vocalist (soloist);

drama artist;

film artist;

entertainer;

mime ensemble artist;

orchestra artist;

spoken word artist;

satirical artist;

choir artist;

circus performer of all genres;

presenter;

chief geologist;

stuntman;

cameraman;

correspondent;

translator;

stunt coordinator;

athlete-instructor;

commissioning and testing technician;

forwarder;

freight forwarder;

employee positions belonging to the following subgroups All-Russian classifier classes:

heads of institutions, organizations and enterprises;

heads of specialized production and operational units (services);

heads of functional and other departments and services;

heads of small institutions, organizations and enterprises.

Wherein:

a) total duration of work activity foreign citizen outside the boundaries of the subject of the Russian Federation, on the territory of which he was issued a work permit, cannot exceed 10 calendar days during the period of validity of the work permit when sent to business trip;

b) the total duration of labor activity of a foreign citizen outside the boundaries of the constituent entity of the Russian Federation on the territory of which he was issued a work permit cannot exceed 60 calendar days during the period of validity of the work permit, if Full time job carried out by the employee on the road or of a traveling nature and this is determined by his employment contract.

2. Foreign citizens temporarily residing on the territory of the Russian Federation have the right to carry out labor activities outside the boundaries of the subject of the Russian Federation in whose territory they are allowed temporary residence, if they perform work in the following professions and positions:

workers' professions:

asphalt concrete worker;

car driver;

handcar driver;

make-up artist;

orderly;

road worker;

draper;

insulator;

galley man;

mason;

dresser;

dredge sailor;

sailor-diver;

concrete pump operator;

motor grader operator;

asphalt operator;

auto compressor operator;

auto drill operator;

concrete mixing plant operator;

concrete paver operator;

bulldozer driver;

drilling and crane operator self-propelled vehicle;

drilling rig operator;

diesel train driver;

railway construction machine operator;

self-propelled roller driver;

compressor unit operator;

piledriver driver;

boiler plant operator;

crane operator (crane operator);

automobile crane operator;

locomotive driver on ferries;

operator of a marking machine for marking roads;

operator of a machine for making joints in freshly laid concrete when performing road work;

locomotive driver;

loading machine operator;

pump-action driver (dockerman);

mortar pump operator;

operator of a mobile asphalt concrete mixer;

the Machinist of a diesel locomotive;

traction unit operator;

asphalt concrete paver operator;

operator of a mobile automated continuous installation for preparing concrete mixtures;

operator of rolling stock maintenance units;

Excavator driver;

electric locomotive driver;

electric train driver;

audio equipment maintenance mechanic;

camera equipment maintenance mechanic;

assembler for installation of steel and reinforced concrete structures;

track fitter;

mechanic (machinist);

mechanic (driver) of refrigeration units;

operator of special dredge devices;

illuminator;

pyrotechnician;

skipper;

Assistant driver of a diesel train;

assistant locomotive driver;

electric locomotive driver assistant;

electric train driver assistant;

mechanic's assistant;

guard (travelling) shipping worker;

conductor;

passenger carriage conductor;

conductor for escorting cargo and special wagons;

locomotive escort conductor;

track worker of the minesweeper crew;

shore worker;

prop master;

helmsman (steerman);

mullet fisherman;

coastal fisherman;

photographer;

marine electrician;

employee positions:

accompanist;

artist-vocalist (soloist);

artist - vocalist of musical comedy and variety show;

artist - concert performer (all genres);

artist - soloist-instrumentalist;

artist (puppeteer) of a puppet theater;

artist of the song and dance ensemble;

ballet dancer;

ballet dancer (soloist);

supporting artist;

drama artist;

artist of chamber instrumental and vocal ensemble;

film artist;

mime ensemble artist;

orchestra artist;

artist of the wind orchestra, folk instruments, pop and symphony orchestra;

spoken word artist;

artist of a symphony (chamber) orchestra;

artist of a dance and choral group;

choir artist;

circus performer of all genres;

performer of pop orchestra and ensemble;

artist of a pop-instrumental ensemble;

artist of pop-sports, illusion and other original pop genres;

artist leading the concert;

the artist is a slapstick clown;

entertainer;

artist - musical eccentric;

satirical artist;

presenter;

Main coach;

head coach of the national team;

cargo and commercial engineer;

commissioning and testing engineer;

transportation engineer;

operation and maintenance engineer;

production preparation engineer;

repair engineer;

transport engineer;

equipment operation engineer;

mechanical engineer;

process engineer;

ringmaster (leader of the show);

stuntman;

cameraman;

economic consultant;

correspondent;

correspondent for publishing houses, newspapers and magazines;

road master;

How is the period of stay of a foreigner on a business trip determined?

As a rule, the length of stay of a foreigner on a business trip depends on the qualifications of the foreigner. The timing does not depend on the regime of stay in the country, that is, visa or visa-free. So, for a non-highly qualified foreign specialist who is located on the territory of the Russian Federation, the following deadlines are established:

A business trip outside the Russian Federation does not have a specific time frame,

A business trip within the Russian Federation can last a maximum of 10 days, as long as there is permission to fulfill work obligations,

A business trip can last 60 days, that is, as long as you have a work permit in the Russian Federation.

It is also worth considering the travel dates for highly qualified specialists:

A business trip within the Russian Federation can be carried out every year for 30 days for the period when the work permit is valid,

A business trip abroad has no specific deadlines,

Travel for work is also not limited by time limits.

Documents required for registration of a business trip. When a business trip for an employee in Russia is arranged, the employer must issue the citizen foreign country the following package of documents:

Travel certificate,

An order or order to send an employee on a business trip,

An official assignment indicating the place, time and purpose of the business trip.

If a business trip for a foreigner is issued abroad, then a business trip certificate is not drawn up, because the date of arrival and departure is established by travel tickets, but the date of travel across the border is indicated in foreign passport. When a foreigner arranges a business trip outside the country, a package of documentation is drawn up depending on the regime of entry into the state. If an employee is sent to work in the CIS countries, where he operates without visa regime, then all the same documents are required that are issued when traveling around the Russian Federation, i.e. travel order, service assignment, travel certificate. If an employee travels to countries where there is a visa regime, as well as to countries where registration is not required, not related to the CIS, then a business trip certificate is not required, but only a business trip order and a work assignment are needed.

Can foreign worker be sent on a business trip?

On labor Relations between an employee who is a foreign citizen or a stateless person and the employer, the rules established labor legislation and other acts containing norms labor law, except in cases in which, in accordance with federal laws or international treaties In the Russian Federation, labor relations with employees who are foreign citizens or stateless persons are regulated by foreign law (Article 327.1 Labor Code RF).

Therefore, the rules established by labor legislation for sending workers on business trips also apply to foreign workers. However, these rules apply to employees who are foreign citizens with some special features.

Foreign citizens may be on the territory of Russia in the following statuses:

1) temporarily staying. A foreign citizen temporarily staying in the Russian Federation is a person who arrived in the Russian Federation on the basis of a visa or in a manner that does not require a visa, and who received a migration card, but does not have a residence permit or temporary residence permit;

2) temporary residents. A foreign citizen temporarily residing in the Russian Federation is a person who has received a temporary residence permit;

3) permanent residents. A foreign citizen permanently residing in the Russian Federation is a person who has received a residence permit.

At the same time, for foreign persons temporarily staying and temporarily residing in the Russian Federation, Federal Law dated July 25, 2002 N 115-FZ "On legal status foreign citizens in the Russian Federation" (hereinafter referred to as Law No. 115-FZ)) the following rule is established.

Thus, a foreign citizen temporarily staying in the Russian Federation does not have the right to carry out labor activities outside the boundaries of the subject of the Russian Federation on the territory of which he was issued a work permit or patent, as well as in a profession (specialty, position, type of labor activity) not specified in the work permit. An employer or customer of work (services) does not have the right to involve a foreign citizen in labor activities outside the boundaries of the constituent entity of the Russian Federation on the territory of which this foreign citizen was issued a work permit or patent, as well as in a profession (specialty, position, type of labor activity) not specified in work permit (except in cases provided for by law N 115-FZ and other federal laws).

A foreign citizen temporarily residing in the Russian Federation does not have the right to carry out labor activities outside the boundaries of the constituent entity of the Russian Federation in whose territory he is permitted temporary residence.

Order of the Ministry of Health and Social Development of the Russian Federation dated July 28, 2010 N 564n established cases of labor activity by a foreign citizen or stateless person temporarily staying (residing) in the Russian Federation, outside the boundaries of the subject of the Russian Federation on the territory of which they were issued a work permit (temporary residence allowed).

A foreign citizen or stateless person temporarily staying in the Russian Federation has the right to carry out labor activities outside the boundaries of the constituent entity of the Russian Federation on the territory of which they were issued a work permit, if they perform work in professions and positions that include:

1) to the professions of workers. These professions include, for example:

asphalt concrete worker;

car driver;

handcar driver;

road worker;

mason;

dresser;

bulldozer driver;

self-propelled roller driver;

operator of a marking machine for marking roads;

loading machine operator;

2) employee positions, for example:

economic consultant;

correspondent;

correspondent for publishing houses, newspapers and magazines;

translator;

athlete-instructor;

forwarder;

freight forwarder;

3) as well as to employee positions related to the following subgroups of the All-Russian Classification of Occupations, which include:

heads of specialized production and operational units (services);

Wherein:

a) the total duration of a foreign citizen’s labor activity outside the constituent entity of the Russian Federation on the territory of which he was issued a work permit cannot exceed 10 calendar days during the period of validity of the work permit when sent on a business trip;

b) the total duration of labor activity of a foreign citizen outside the constituent entity of the Russian Federation on the territory of which he was issued a work permit cannot exceed 60 calendar days during the period of validity of the work permit, if the permanent work is carried out by the employee on the road or is of a traveling nature and this determined by his employment contract.

Foreign citizens temporarily residing on the territory of the Russian Federation have the right to carry out labor activities outside the boundaries of the subject of the Russian Federation in whose territory they are allowed temporary residence, if they perform work in professions and positions, which include:

1) professions of workers:

2) positions of employees:

3) as well as employee positions related to the following subgroups of the All-Russian Classification of Occupations:

heads of institutions, organizations and enterprises;

heads of specialized (production and operational) departments (services);

heads of functional and other departments and services;

heads of small institutions, organizations and enterprises.

Wherein:

a) the total duration of a foreign citizen’s labor activity outside the boundaries of the constituent entity of the Russian Federation in whose territory he is permitted temporary residence cannot exceed 40 calendar days within 12 calendar months when sent on a business trip;

b) the total duration of labor activity of a foreign citizen outside the boundaries of the constituent entity of the Russian Federation, on the territory of which he is allowed temporary residence, cannot exceed 90 calendar days within 12 calendar months, if the permanent work is carried out by the employee on the road or is of a traveling nature and this is determined by his employment agreement.

Foreign citizens have the right to carry out labor activities outside the boundaries of the constituent entity of the Russian Federation, on the territory of which they were issued a work permit (temporary residence allowed), if they are highly qualified specialists. Wherein:

a) the continuous duration of labor activity of foreign citizens outside the constituent entity (subjects) of the Russian Federation on the territory of which they were issued a work permit cannot exceed 30 calendar days annually, during the period of validity of the work permit, when sent on a business trip ;

b) the total duration of labor activity of foreign citizens outside the constituent entity (subjects) of the Russian Federation on the territory of which they were issued a work permit is not limited if the permanent work is carried out by the employee on the road or is of a traveling nature and this is determined by his employment contract.

Please note that the above maximum terms business trips are provided only for cases of sending foreign workers on business trips to other constituent entities of the Russian Federation, but not abroad. The legislation does not establish specific deadlines or restrictions for sending a foreign worker abroad.

Despite this, the employer has the right to send a foreign citizen-employee on a business trip outside the Russian Federation only for a period not exceeding 6 months. This is due to the fact that a foreign worker may have a previously issued temporary residence permit canceled if he has been outside the Russian Federation for more than 6 months (clause 11, clause 1, article 7 of Law No. 115-FZ).

1. The duration of business trips for foreigners working in Russia under any permit, outside Russianot legally limited.

The current legislation does not contain any restrictions on the timing of sending foreign workers on business trips abroad. However, if they stay outside our country for more than 6 months, the permit may be revoked.

This applies to:

foreign highly qualified specialists;
foreigners working in Russia under a patent;
foreigners whose work permit was issued through a quota procedure or for non-quota positions;
foreign students who have received a work permit in accordance with Article 13.4 of Law No. 115-FZ;
foreigners who have received a temporary residence permit or residence permit in Russia (with the exception of foreign HQS who have received a residence permit by virtue of their status, in accordance with paragraph 27 of Article 13.2 of Law No. 115-FZ).

2. The duration of business trips both within Russia and abroad is not limited for those working in Russian companies citizens of the EAEU states (Armenia, Belarus, Kazakhstan, Kyrgyzstan).

The duration of business trips within Russia is not limited:

for all foreign citizens listed in subparagraphs 1-12 of paragraph 4 of Article 13 of Law No. 115-FZ (who are not required to obtain permits for the right to carry out labor activities). The only exceptions are foreigners who have received a temporary residence permit in the Russian Federation, in respect of whom the Law establishes special order work outside the region where they are allowed to reside;
for citizens of EAEU states working in Russian companies.

3. Foreign students who have received a work permit in accordance with Article 13.4 of Law No. 115-FZ are not allowed to be sent on a business trip outside the territory of validity of the work permit (on the back of the work permit for this category of workers in the column “Special notes” it is indicated “in accordance with with article 13.4 Federal Law No. 115-FZ").

An exception can be considered the period when they are on vacation (which is confirmed by a corresponding certificate from educational organization), when they have the right to work without a permit (and, therefore, are not bound by restrictions, including territorial ones, that the Law imposes on foreigners working with permits).

4. When sending foreign citizens with a work permit on a business trip across the territory of Russia:

issued through the quota procedure or for non-quota positions;
issued to citizens of the Republic of Tajikistan in 2014 for a period of validity of 3 years within the framework of the Agreement between the Government of the Russian Federation and the Government of the Republic of Tajikistan on labor activity and protection of the rights of citizens of the Russian Federation in the Republic of Tajikistan and citizens of the Republic of Tajikistan in the Russian Federation, provided that the foreigner is sent for limits of the territory of validity of the issued permit, it is necessary to proceed from the deadlines established by Order of the Ministry of Health and Social Development of the Russian Federation dated July 28, 2010 N 564n.

For the above categories of foreign workers, the Order establishes the possibility of sending them on business trips, provided that the total duration of such business trips during the validity period of the issued work permit will not exceed 10 calendar days, or 60 days, provided that the work is traveling nature and this is directly reflected in the contract.

However, this opportunity is provided only to foreigners working in the professions/positions listed in the Order. Violation of the specified procedure (the terms established by the Order or sending an employee on a business trip to a position other than those established by the Order) is qualified under Part 1 of Article 18.15 of the Code of Administrative Offenses of the Russian Federation.

5. When sending foreigners on a business trip who have a temporary residence permit, it is also necessary to use the Order of the Ministry of Health and Social Development of the Russian Federation dated July 28, 2010 N 564n by analogy, taking into account the established duration of business trips / traveling nature of work (only the link is not to the validity period of the temporary residence permit, but to the calendar year) and a list of “traveling” professions/positions.

The order establishes the duration of a business trip outside the region where RVP workers are allowed to reside (in in this case we are not talking about the region in which the temporary residence permit was issued, but the region in which the foreigner is registered at the place of residence (“registered”).

The fact is that RVP residents are allowed by law to change their place of residence. For example, a person received a temporary residence permit in Moscow, and found a job in the Moscow region. In such a situation, it is possible for him (although the procedure is not established by law) to apply to the authority that issued the temporary residence permit with a free-form petition to change his place of residence. In this case, the application must be motivated not just by the desire to live at a different address. In this case, it is usually accompanied by a letter of guarantee from the owner of the property in the region (subject of the Russian Federation) where the RVP intends to live with the obligation to register him at the place of residence and copies of documents for the residential premises, as well as a draft agreement with a potential employer guaranteeing employment at new place of residence.

In practice, such an application is considered for up to 2 months, and as a result, the person receives a notification about permission for temporary residence, in this case, in the Moscow region. From this moment on, he has the right to work on the territory of the subject where he is allowed temporary residence, that is, in the Moscow region. In this case, the “Temporary residence allowed” stamp is not rearranged, only the “re-registration” of the foreigner occurs.

6. The procedure for sending foreign HQS (highly qualified specialists) on business trips is also regulated by Order of the Ministry of Health and Social Development of the Russian Federation dated July 28, 2010 N 564n.

IN Lately Many companies deviate from specifying in the work permit those regions of Russia to which HQS may be sent on business trips, but prefer to specify the traveling nature of the work in the contract concluded with him. In this case, the duration of the employee’s stay outside the region of the employer’s location is not limited.

7. It is not allowed to send foreigners working in Russia on the basis of a patent on a business trip outside the territory of validity of the permit document.

If an employee with a patent issued, for example, to work in the Voronezh region needs to be sent to the Krasnodar Territory, he will need to additionally obtain a patent to work in Krasnodar region. This state of affairs binds this category of foreign workers to the region where the patent was issued.

Clause 10 of Article 13.2 and subparagraph 9 of Clause 9 of Article 18 of the Federal Law of July 25, 2002. No. 115-FZ “On the legal status of foreign citizens in the Russian Federation” (hereinafter referred to as Law No. 115-FZ)
Subclause 2 of clause 22 of Article 13.3 of Law No. 115-FZ and subclause 9 of clause 9 of Article 18 of Law No. 115-FZ
Subclause 9 of clause 9 of Article 18 of Law No. 115-FZ
Clause 4 of Article 13.4 and subclause 9 of clause 9 of Article 18 of Law No. 115-FZ
Subclause 11 of clause 1 of Article 7 and subclause 11 of clause 1 of Article 9 of Law No. 115-FZ
Clause 20 of Article 13.4 of Law No. 115-FZ
Clause 16 of Article 13.3 of Law No. 115-FZ

A foreigner's business trip within the region in which he is permitted to work or reside has no restrictions. Read how to arrange a business trip for a foreigner outside the region.

The possibility and timing of a business trip to another subject of the Russian Federation depend on the status and profession of the foreigner. For permanently residing foreigners, citizens of EAEU member countries, the same procedure applies as for citizens of the Russian Federation. But when it is necessary to send, for example, foreigners with visas or those who work under a patent, the employer often does not take into account the restrictions on their travel around the country.

Another mistake is made by the receiving party: it forgets about its obligation to register employees. Let's consider how to send him on a business trip, taking into account the status of a foreigner and migration rules.

Business trip of a foreigner temporarily staying

If a temporarily staying foreigner arrived in the Russian Federation in visa procedure, he receives a work permit. If visa-free, he issues a patent. In both cases, a foreign employee has the right to work only on the territory of the subject of the Russian Federation where the permit was issued (clause 4.2 of Article 13 of Law No. 115-FZ of July 25, 2002, hereinafter referred to as Law No. 115-FZ). Let's find out when it is possible to send such employees to another region.

A foreigner works with a work permit. Sometimes employers forget that business trips to another region are only possible for employees who occupy certain professions or positions.

The list of such professions, positions and works is given in the appendix to the order of the Ministry of Health and Social Development of Russia dated July 28, 2010 No. 564n (hereinafter referred to as Order No. 564n). It includes working and creative professions, leadership positions. The duration of the business trip is no more than 10 calendar days during the validity of the work permit (subparagraph “a”, paragraph 1 of the Appendix to Order No. 564n). For a business trip by an employee not on this list, the company will be fined.

A foreigner works under a patent. An employer does not have the right to engage a foreigner to work outside the constituent entity of the Russian Federation in whose territory he was issued a patent. Order No. 564n does not apply in this case. If you follow it, a fine will follow.

To send a foreigner to another region, even for one day, an additional patent is issued. To do this, the employee submits a set of documents in the region to which they plan to send him. No later than 10 working days thereafter territorial body The Russian Ministry of Internal Affairs will issue a patent for work in the region or report a refusal. The duration of the business trip is limited by the term of the additional patent, which cannot exceed the term of the initially issued patent (clauses 16, 21, article 13.3 of Law No. 115-FZ).

Business trip of a foreigner temporarily residing

If a foreigner has the status of a temporary resident in the Russian Federation, he has the right to work in the region in which he was issued a temporary residence permit. You can send an employee on a business trip to another subject of the Russian Federation for a period of up to 40 calendar days within 12 calendar months. In this case, restrictions on the profession also apply (clause 2 of the Appendix to Order No. 564n).

Highly qualified foreign specialists

If a highly qualified specialist works on the basis of a temporary residence permit or work permit, he has the right to continuously be on a business trip in another region for 30 calendar days annually.

There are no occupational restrictions for secondment of this category of workers (clause 3 of the Appendix to Order No. 564n). A highly qualified foreigner who has a residence permit can be sent on a business trip for any period of time without restrictions.

Business trip of a foreigner: registration

Business trips for foreign workers are processed according to the same rules that are provided for citizens of the Russian Federation (Regulations approved by Decree of the Government of the Russian Federation of October 13, 2008 No. 749).

In 2015, the travel certificate, official assignment, and logbooks for posted workers were canceled. But the employer, if desired, has the right to continue to use them.

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Migration registration when sending a foreigner on a business trip

The employer does not need to remove a foreigner from migration registration when he goes on a business trip. The territorial body of the Ministry of Internal Affairs of Russia will do this automatically when information is received about the employee’s registration at a new place of residence or about leaving Russia (Part 2 of Article 23 of Law No. 109-FZ of July 18, 2006, hereinafter referred to as Law No. 109- Federal Law).

The receiving party sometimes forgets to promptly notify the territorial body of the Russian Ministry of Internal Affairs that a foreign citizen has arrived at the place of business trip. Remind your partners that this must be done within seven working days of the employee's arrival.

The exception is cases when the duration of the business trip is less than seven working days (clause 2, part 3, article 20 of Law No. 109-FZ). When the foreigner returns, register him with migration again. The form of notification of the arrival of a foreign citizen at the place of stay was approved by Order of the Federal Migration Service of Russia dated September 23, 2010 No. 287.

If a foreign worker stays at a hotel during a business trip, the hotel administration itself will register the business traveler for migration purposes. This is done within one working day following the day when the foreigner arrived at the destination (clause 3, part 3, article 20 of Law No. 109-FZ).

For highly qualified specialists, different rules apply. If such a foreigner goes on a business trip for no more than 30 days, then he does not need to register at the new place of stay (Part 4.1, Article 20 of Law No. 109-FZ). But this rule applies to those HQS who are already registered at their place of residence or are registered at their place of stay in the Russian Federation.

Business trip of a foreigner: liability for violations

Code of administrative offenses The Russian Federation provides for liability for the work of a foreigner outside the boundaries of the constituent entity of the Russian Federation, on the territory of which he was issued a work permit, patent or allowed to reside temporarily.

For organizations, the fine ranges from 250,000 to 800,000 rubles, and if the offense was committed in Moscow or St. Petersburg, in Moscow or Leningrad region– from 400,000 to 1,000,000 rubles (Part 1, 4, Article 18.15 of the Code of Administrative Offenses of the Russian Federation). The fine for an employee will be from 2000 to 5000 rubles, and for a violation committed in Moscow or St. Petersburg, in the Moscow or Leningrad region - from 5000 to 7000 rubles. In addition, a foreigner can be expelled from the Russian Federation (Parts 1, 2, Article 18.10 of the Code of Administrative Offenses of the Russian Federation).