2018 was marked by various important changes in Russian migration legislation. They affected not only migrants, but also Russian employers hiring foreign citizens.

As you know, every employer, be it a legal entity or an individual, is required to submit a corresponding notification to the Federal Migration Service of the Russian Federation regarding the admission or dismissal of foreign citizens. In this case, notification is required for each employee from another country no later than three days from the date of hiring or dismissal.

It should be noted that since 2015, the employer has the right to refuse to hire a foreign citizen and terminate the employment contract with him if the migrant does not have health insurance (VHI policy) or if he has run out of it. For this reason, every migrant is obliged to take care of completing this document.

How to submit a notification?

Submission of notification by the employer must be carried out exclusively on the form, the form of which is established by law.

In addition, the law provides two methods for submitting notifications:

1. Sending by mail.
2. Personal submission of notification to the Federal Migration Service.

Amounts of fines

The notification forms must be filled out carefully; submission should not be delayed; it is advisable to submit them in person. This way you will be able to avoid the penalties provided for in Part 4 of Article 18.15 of the Code of Administrative Offenses of the Russian Federation. In accordance with this article, if the employer does not submit a notification to the Main Department of Migration of the Ministry of Internal Affairs (FMS), or violates the deadlines for filing or the form for submitting the notification, then in the Leningrad Region and St. Petersburg a fine will be imposed on him:

• on citizens Russian Federation (individuals) – from five to seven thousand rubles;
• for officials - from 35 to 70 thousand rubles;
• for companies (legal entities) - from four hundred thousand to a million rubles, or it is even possible to suspend the functioning of the company for a period of fourteen to ninety days.

It is important to know! The reason why the contract with a foreign citizen was terminated does not matter, be it the expiration of the contract or its early termination by one of the parties, in each of these cases you must submit a notification to the Main Department of Migration of the Ministry of Internal Affairs (FMS) within three days .

You can receive detailed clarifications on issues related to registration of foreign citizens by calling hotline"Outside the State."

09.02.2018

For failure to notify the FMS authorities of the conclusion within 3 days employment contract with a foreigner, the enterprise is subject to a rather large fine. What sanctions are provided for late notice about hiring a foreigner, i.e. notification within a month?

Failure to Notify migration service to terminate an employment contract with a foreigner is a violation of the law, for which Part 3 of Article 18.15 of the Code of Administrative Offenses of the Russian Federation provides for administrative liability in the form of a fine:

It does not matter during what period the FMS was subsequently notified if the 3-day deadline was missed, therefore, even if the FMS was notified within a month from the date of concluding an employment contract with a foreign employee, but missed the 3-day deadline, it will be held accountable under Part 3 of Article 18.15 of the Code of Administrative Offenses of the Russian Federation.

The rationale for this position is given below in the materials of the Glavbukh System

Arriving without a visa

Citizens of most neighboring countries (for example, Azerbaijan, Armenia, Moldova, Ukraine, Kazakhstan, Uzbekistan, Tajikistan, Kyrgyzstan) can enter Russia without a visa. The exception is citizens of Georgia and Turkmenistan. In addition, the right to enter Russia without visas is granted to stateless persons living in Latvia and Estonia and who were previously USSR citizens (Decree of the President of the Russian Federation of June 17, 2008 No. 977). List of countries indicating the requirements for citizens of each foreign country the entry regime into Russia is given in letter of the Russian Ministry of Foreign Affairs dated September 27, 2006 No. 32253/19.

Citizens from foreign countries (for example, Croatia, Bosnia and Herzegovina, Serbia, Montenegro, the Republic of Macedonia) can also enter Russia without a visa. To attract labor activity Such foreign citizens (stateless persons) who do not reside on the territory of Russia are required to receive an invitation for their entry. This requirement is contained in international treaties concluded with these countries. For example, in agreements between:

Registration procedure

To hire a foreigner temporarily staying in Russia without visa procedure, need to:
1) obtain a patent for the foreigner himself for the purpose of carrying out labor activities with an employer - organization or entrepreneur;
2) issue an invitation to enter (if necessary);
3) after entry, register the foreigner with migration registration;
4) conclude an employment (civil contract) and notify the migration service about it.

At the same time, special rules apply for citizens of the republics of Armenia, Belarus and Kazakhstan.

When employing foreigners who arrived on a visa-free basis and have the status of temporary stayers, it is not necessary to obtain permission to attract and use them (clause 4.5 of Article 13 of the Law of July 25, 2002 No. 115-FZ).

Registration for work

About general rules hiring foreign citizens, see How to apply for hiring a foreign employee.

When hiring foreign citizens who arrived in Russia in visa-free regime, the organization must also notify about the conclusion of labor or civil contracts migration service and employment service. The form of such notification has been approved.

In addition, the migration service must be notified of the termination of employment or civil law contracts with visa-free foreigners(the notification form was approved by order of the Federal Migration Service of Russia dated June 28, 2010 No. 147).

The procedure for filling out and submitting notifications is given in Appendix 6 to. The organization is obliged to notify the migration service and employment service within three working days from the date of conclusion (termination) of the contract.

This procedure follows from the provisions of paragraph 8 of Article 13 of the Law of July 25, 2002 No. 115-FZ and paragraph 2 of Appendix 6 to the order of the Federal Migration Service of Russia of June 28, 2010 No. 147.*

We add that to notify the employment service and tax office the employer does not need it. Divisions of the Federal Migration Service of Russia themselves exchange information with employment services and tax authorities about attracting foreign employees. This is provided for in paragraph 8 of Article 13 of the Law of July 25, 2002 No. 115-FZ.

Responsibility for failure to notify the FMS of Russia

Attention: failure to notify the migration service about the conclusion or termination of an employment (civil law) contract with a foreigner is a violation of the law, for which administrative liability is provided.

Responsibility established by part 3

• for officials of the organization - in the amount of 35,000 to 50,000 rubles.
  • The Government of the Russian Federation and the Council of Ministers of Bosnia and Herzegovina, approved by Order of the Government of the Russian Federation dated July 23, 2007 No. 977-r;
  • The Government of the Russian Federation and the Government of the Republic of Macedonia, approved by order of the Government of the Russian Federation dated August 27, 2007 No. 1131-r.
• for the organization (host party) - in the amount of 400,000 to 800,000 rubles. (or administrative suspension of activities for a period of 14 to 90 days);
• for officials of the organization - in the amount of 35,000 to 50,000 rubles.

For employers in Moscow, St. Petersburg, Moscow and Leningrad regions liability for failure to notify is established by part 4 of article 18.15 of the Code of the Russian Federation on administrative offenses and provides for the imposition administrative fine:

• per organization (host party) - in the amount of 400,000 to 1,000,000 rubles. or administrative suspension of activities from 14 to 90 days;
• for officials of the organization - in the amount of 35,000 to 70,000 rubles.

At the same time, fines (suspension of activities) threaten not only for failure to notify the migration service, but also for violation established order or notification forms.

How to register a new employee

To hire a new employee, first of all you need to receive all the necessary documents from him. Including pension certificate.

The next step is to familiarize the future employee with the main local regulations of the organization - collective agreements, various regulations, internal rules and instructions. Be sure to do this with your signature. You can use a special journal for this. Special form is not provided for this. Therefore, you can compose it yourself or use, for example, this option.

This procedure is provided for by parts of Article 68 of the Labor Code of the Russian Federation.

Once the working conditions are agreed upon, write them down in the employment contract. Sign it in two copies - one for the employee, the other for the organization. This must be done no later than three days from the moment the person starts work.

After signing the agreement, you need to issue an order from the manager to include a new employee on the staff.

In addition, a foreigner can be a highly qualified specialist. There is a special procedure for hiring such persons.

A foreigner must confirm his status with certain documents.

Thus, proof of the status of a foreigner temporarily staying in Russia will be a migration card. Such a foreigner must have it. The migration card records the date of issue and the length of stay of the migrant in Russia. At the end of the specified period, the foreigner can extend it. In addition, he can obtain a temporary residence permit or even a residence permit.

Having received a temporary residence permit, a foreigner can work and live in Russia for three years. The permit is issued in the form of a mark in the identity document (stamp), and in its absence - as a separate document.

A foreigner who has lived in Russia for a year can apply for a residence permit. It is issued for five years and can be extended an unlimited number of times. A residence permit received by a stateless person will at the same time be a document proving his identity. A residence permit also allows a foreigner to freely enter and exit Russia.

In addition, any foreigner must have documents proving his identity. Thus, a foreigner must have a passport or other document that can confirm his identity, in accordance with the law or signed international agreements of Russia. A stateless person can also prove their identity, as indicated above, with a temporary residence permit (when issued in a separate document) or a residence permit.

For more information on how to hire a foreigner taking into account his status, see:

• How to hire a foreigner who arrives in Russia on a visa basis and has the status of a temporary stayer;
• How to hire a foreigner who arrives in Russia on a visa-free basis and has the status of a temporary stayer;
• How to hire a foreigner living in Russia temporarily or permanently;
• How to hire a foreigner – a highly qualified specialist.

Nina Kovyazina

Reference Information:Administrative liability for violation of labor and migration laws

Violation area.

Article 18.15. Code of Administrative Offenses, the most used by FMS employees. It is the basis for the most FMS fines.

Part 3 of Article 18.15. imposes liability for FAILURE TO NOTIFY - the FMS, the Central Tax Service and the Federal Tax Service that the company has hired a foreigner.

When hiring CIS citizens - Notifications are sent -

• To the FMS within 2 days.
• To the central control center - within 3 days.
• To the Federal Tax Service within 10 days.

Confirmation of the timely sending of such Notification is the “original” stamp, postal item. Or a payment receipt for payment of postage.

When hiring a citizen from Visa country- Notification is sent -

• To the central control center - within 3 days.
• To the Federal Tax Service within 10 days.

Confirmation of the timely dispatch of such Notification is the “original” postal stamp. Or a payment receipt for payment of postage.

ATTENTION - the countdown of these deadlines begins

• from the moment of signing Labor Contract, between the company and the foreigner.
• from the day he started work, which the foreigner will name in his Explanation when he is caught by FMS officers.

AND MORE IMPORTANT - according to Civil Code Russia, only matters originals postal stamps or receipts for sending postal items.

If you really sent such a Notification, then to the Central Tax Service, the Federal Migration Service and the Federal Tax Service, especially to the Federal Migration Service, your Notification is immediately recorded and entered into the computer. And there are no problems in the future.

With the exception of only one case - when you hire a new employee to replace the fired one. And you again have to start sending all the required Notifications from the very beginning.

QUESTION - what to do if a check arrives, but Notifications are not sent. Or you’re already tired of sending Notifications. And you don’t consciously send them.

Then there is only one thing left for you - you can use Cunning -

• Knowing in advance that you will not send Notifications every time, send a “blank” sheet of paper to these authorities in advance. Receive and carefully store the postal receipt.

As experience shows, ask you if the FMS can’t do something in this case.

Well, if the check comes, and you do not have Postal Receipts with the required dates, then there is only one thing left.

• Promise the FMS employees to submit the documents later. Make the necessary stamps, with the necessary dates, but not from the regional post office. And from the post office, wherever in “Darkness of Tarakansk”. Better from a non-existent post office. And present these envelopes with stamps with a “smart” look to the FMS employees. Tell them that the employee who was assigned to send these Notifications was going on a business trip and sent letters on the road.

Experience shows that this too passes. Still better than paying fines or paying for our services.

Article 18.15. Illegal recruitment of a foreign citizen or stateless person to work in the Russian Federation

(introduced by Federal Law dated November 5, 2006 N 189-FZ)

1. Attraction to work in the Russian Federation foreign citizen or stateless persons in the absence of a foreign citizen or stateless person work permits

2. Involvement of a foreign citizen or stateless person in labor activity in the Russian Federation without receiving it in the prescribed manner permits to attract and use foreign workers, if such permission is required in accordance with federal law, - entails the imposition of an administrative fine on citizens in the amount of two thousand to five thousand rubles; for officials - from twenty-five thousand to fifty thousand rubles; on legal entities- from two hundred fifty thousand to eight hundred thousand rubles or administrative suspension of activities for a period of up to ninety days. (as amended by Federal Law dated June 22, 2007 N 116-FZ)

3. Failure to notify territorial body federal body executive power, authorized to exercise control and supervision functions in the field of migration - the FMS, the executive body in charge of employment issues in the relevant constituent entity of the Russian Federation - TsZN. or tax authority- Inspectorate of the Federal Tax Service. on the involvement of a foreign citizen or stateless person in labor activities in the Russian Federation, if such notification is required in accordance with federal law, - entails the imposition of an administrative fine on citizens in the amount of 2,000 rubles. up to 5,000 rubles; for officials - from 35,000 rubles. up to 50,000 rubles; for legal entities - from 400,000 rubles. up to 800,000 rubles or administrative suspension of activities for up to ninety days. (as amended by Federal Law dated June 22, 2007 N 116-FZ)

NOTES:

1. For the purposes of this article, the involvement of a foreign citizen or stateless person in labor activity in the Russian Federation means admission in any form to the performance of work or provision of services or other use of the labor of a foreign citizen or stateless person.

2. In case of illegal attraction to work in the Russian Federation of two or more foreign citizens and (or) stateless persons, administrative liability established by this article occurs for violation of the rules for attracting foreign citizens and stateless persons to work in the Russian Federation (in including foreign workers) in relation to each foreign citizen or stateless person separately.

How to avoid troubles associated with the bureaucratic “traps” laid down in Article 18.15. Part 3 of the Code of Administrative Offenses, you can read on the following pages of our website.

Try using Staff Leasing or Migration Audit. You can read more about this on the pages of our website -

• look at our website page - ""

This is exactly the case when Russian Post,

can save you from a FMS fine

Many employers are forced to resort to the services of foreign workers who are willing to perform certain types of work. The state requires strict compliance with migration legislation, accounting policies when hiring and dismissing foreign workers. This article will help employers avoid some mistakes that lead to violations of migration and labor laws and will tell in more detail how notification of the dismissal of a foreigner is carried out.

Reasons for dismissal of a foreign employee

Foreign workers, in turn, have the right to work on the territory of the Russian Federation only in cases where:

• the employee has reached the age of 18;
• the employee has a patent or permission to work on the territory of the Russian Federation.

To terminate labor relations with an employee who is a citizen of another country, there are a number of objective reasons:

Common to all employees (regardless of citizenship)	· Expiration of the employment contract · Termination of an employment contract at the initiative of the employee · Termination of an employment contract by agreement of the parties · Termination of an employment contract at the initiative of the employer
Special(only applicable to foreign workers)	· There was an excess of the number of full-time foreign workers · The organization has lost the right to employ foreigners · The employee has lost the right to work on the territory of the Russian Federation (patent, work permit, residence permit, temporary residence permit, VHI policy have expired)

Special reasons for dismissal, applicable only to foreign citizens, cannot be considered in cases where the foreign employee has one of the following documents:

• residence permit (residence permit) in the Russian Federation;
• temporary residence permit (TRP) on the territory of the Russian Federation.

During the period when these documents are valid, foreign citizens enjoy almost the same rights as citizens of the Russian Federation.

Dismissal of a foreign employee at the initiative of the employee

A foreign worker may be dismissed for at will. In this case, it is necessary to sequentially perform a series of actions according to Labor Code RF:

Stage	A comment
Statement	A foreign employee writes an application to terminate the employment contract at his own request. In accordance with Article 80 of the Labor Code of the Russian Federation, the employee is obliged to notify the employer of his intention to terminate the employment contract at least 2 weeks before the expected date of dismissal.
Order	The employer issues an order to terminate the employment contract at the initiative of the employee. The employee is obliged to familiarize himself with this document upon signature.
Entry into the work book
Final steps

Dismissal of a foreign employee at the initiative of the employer

The employer is required to perform a number of actions:

Stage	A comment
Employee notification	A foreign worker must be in writing warned about the upcoming dismissal at least 3 days before the upcoming dismissal.
Order	The employer issues an order to terminate the employment contract at the initiative of the employer. The employee is obliged to familiarize himself with this document upon signature.
Entry into the work book	The employer makes an entry about the dismissal in the work book.
Final steps	On the last working day, the employer is obliged to: give the employee a work book and that’s it Required documents; obtain the employee’s signature on the T-2 Personal Card, confirming receipt of the employee’s work book; make the final calculation.

For example:

Citizen of Uzbekistan Khaitbay Kh. worked as janitors at ABV LLC from 01/01/2017. On 05/25/2017, his work permit in the Russian Federation was revoked. The director of ABC LLC is obliged to dismiss the foreign employee and notify the FMS, because from May 25, 2017, Khaitbay Kh. does not have the right to carry out labor activities in the territory of the Russian Federation.

If the dismissal of a foreign employee is caused by a disciplinary sanction, the dismissal of the employee is carried out in accordance with labor legislation RF.

For example:

Citizen of Uzbekistan Khaitbay Kh. worked as janitors at ABV LLC from 01/01/2017, but from 05/15/2017 he stopped going to work. The director of ABC LLC has the right to apply disciplinary action and dismiss a foreign employee for absenteeism.

Notification of the FMS about the dismissal of a foreigner

Federal Law No. 115-FZ of July 25, 2002 is binding on both foreign workers and employers. Yes, given normative act obliges employers to notify the territorial body of the Federal Migration Service both about the hiring and dismissal of a foreign employee.

Thus, the employer sends a notice of termination of the employment contract with a foreign employee within 3 days in case of dismissal of the employee:

• at the initiative of the employer (inconsistency of the employee with the declared qualifications, violation of labor discipline by the employee, etc.);
• due to the expiration of a patent or work permit in the Russian Federation;
• at your own request.

Notice of dismissal of a foreigner: notification form

The notification form was approved by Order of the Federal Migration Service of June 28, 2010 No. 147 “On the forms and procedure for notifying the Federal Migration Service about foreign citizens carrying out labor activities on the territory of the Russian Federation” (as amended and supplemented) (Appendix No. 20).

The notice of termination of an employment contract with a foreign citizen or stateless person contains:

• information about the employer;
• information about the employee;
• information about the work permit or patent on the basis of which the foreign citizen carried out labor activities;
• date of dismissal of the employee;
• date of document preparation;
• power of attorney data (if used when submitting a notification);
• employer's signature and seal.

How to notify the FMS about the dismissal of a foreigner?

Notice of dismissal of a foreigner can be submitted in several ways:

• submit in person to the territorial department of the FMS;
• send a notification by registered mail with notification to the territorial department of the Federal Migration Service;
• through the State Services website.

It is important to comply with the notification period - 3 days.

The employment service authorities and the Federal Tax Service are not required to notify the dismissal of a foreign employee.

Guarantees for a foreigner upon dismissal

Preparation of documents upon dismissal of a foreigner

When terminating an employment contract with a foreign employee, the employer is required to fill out a number of documents:

1. Employment history.
2. Notification of termination of an employment contract with a foreign citizen or stateless person.

Employer's liability for untimely notice of dismissal

Violation of the requirements of migration legislation is fraught with serious consequences for employers, namely:

Violation	Penalties	Regulatory document
Failure to notify or violation of the procedure (form) for notifying the territorial body of the Federal Migration Service upon termination of an employment contract with a foreigner	Citizens: 2000-5000 rubles Official: 35,000-50,000 rubles Legal entity: 400,000-800,000 rubles or administrative suspension of activities for a period of 14 to 90 days	Clause 3 of Article 18.15 of the Code of Administrative Offenses of the Russian Federation
	For Moscow and St. Petersburg, Moscow and Leningrad regions: Citizens: 5000-7000 rubles Official: 35,000-70,000 rubles Legal entity: 400,000-1,000,000 rubles or administrative suspension of activities for a period of 14 to 90 days	Clause 4 of Article 18.15 of the Code of Administrative Offenses of the Russian Federation

Questions and answers

Question No. 1. Do we have the right to file a dismissal? foreign worker on a day off?

Answer: If work schedule work shifts are provided on calendar weekends and holidays– You have the right to dismiss an employee on his working day.

Question No. 2. Can I fire a foreign employee? backdating?

Answer: Retroactive dismissal of employees is a gross violation of labor laws.

Question No. 3. The employee, a citizen of Uzbekistan, left for his homeland and has not made himself known for two months. We managed to get information from his friends that he was not going to return. We still have the work record book; he did not write an application to terminate the employment contract. What to do in this situation?

Answer: This situation can be considered as a disciplinary violation, in relation to which Article 192 of the Labor Code of the Russian Federation can be applied. If an employee fails to show up for work, appropriate notes must be made on the time sheet. Subsequently, reports of absence from work are drawn up, and explanations from colleagues about the location and reasons for the employee’s absence are recorded. A record of dismissal is made in the work book on the basis of paragraphs. “a” clause 6, part 1, article 81 of the Labor Code of the Russian Federation.

Also, in accordance with Federal Law No. 115-FZ of July 25, 2002, it is necessary to send a notification to the federal executive body in the field of migration or its territorial body information about:

• early termination of an employment contract at the initiative of the employer due to violation of labor discipline by the employee;
• unauthorized leaving by an employee of his place of work or place of stay.

Question No. 4. We have concluded fixed-term contracts with foreign workers from 05/01/2017 to 09/30/2017. Should we submit a notification to the FMS after the end of fixed-term contracts with employees?

Answer: You need to send a notification to the FMS in any cases when employment contracts or service contracts with foreign employees are terminated.

Question No. 5. A citizen of Uzbekistan has been working for us since 08/01/2016. From 07/01/2017 he plans to go on vacation with subsequent dismissal. He will go on vacation with the money he received. work book. When should we provide notification to the FMS?

Answer: You must notify the FMS within 3 days after dismissing the employee. In your case, it is not recommended to send the employee on vacation with subsequent dismissal. It is better to provide vacation, and then dismiss or fire before the vacation begins with compensation for unused vacation.

Oleg, hello.

Clause 3 of Art. will help you. 18.15 Code of Administrative Offences:

Failure to notify or violation of the established procedure and (or) form of notification to the territorial body of the federal executive body authorized to exercise control and supervision functions in the field of migration about the conclusion or termination (termination) of an employment contract or a civil contract for the performance of work (rendering services) ) with a foreign citizen within a period not exceeding three working days from the date of conclusion, termination (termination) of the contract, if such notification is required in accordance with federal law - entails the imposition of an administrative fine on citizens in the amount of two thousand to five thousand rubles; for officials - from thirty-five thousand to fifty thousand rubles; for legal entities - from four hundred thousand to eight hundred thousand rubles or administrative suspension of activities for a period of fourteen to ninety days.

The Federal Migration Service loves such “forgetful”... from my own experience I will say, don’t worry, don’t get into trouble... say that I’m sorry, I’m sorry... I didn’t want to break the law, and this is confirmed by the fact that I officially accepted a foreigner and the like... put pressure on mitigating circumstances... Art. . 4.2. Code of Administrative Offenses of the Russian Federation

1. Extenuating circumstances administrative responsibility, admit:
1) repentance of the person who committed the administrative offense;
2) voluntary termination illegal behavior a person who has committed an administrative offense;
3) voluntary reporting by the person who committed the administrative offense to the body authorized to carry out proceedings in the case of an administrative offense, about the administrative offense committed;
4) assistance by a person who has committed an administrative offense to the body authorized to carry out proceedings in the case of an administrative offense in establishing the circumstances to be established in the case of an administrative offense;
5) prevention by the person who committed the administrative offense of the harmful consequences of the administrative offense;
6) voluntary compensation the person who committed the administrative offense caused damage or voluntary elimination of the damage caused;
7) voluntary execution before a decision is made in a case of an administrative offense by a person who has committed an administrative offense, an order to eliminate the violation issued to him by the body carrying out state control(supervision);
8) committing an administrative offense in a state of strong emotional excitement (affect) or due to a combination of difficult personal or family circumstances;
9) commission of an administrative offense by a minor;
10) commission of an administrative offense by a pregnant woman or a woman with a young child.

2. Judge, body, executive who are considering a case of an administrative offense may recognize extenuating circumstances not specified in this Code or in the laws of the constituent entities of the Russian Federation on administrative offenses.

Information about changes:
Federal Law No. 404-FZ of December 6, 2011 supplemented Article 4.2 of this Code with Part 3, which comes into force thirty days after the day official publication the said Federal Law

3. This Code may provide for other circumstances that mitigate administrative liability for committing certain administrative offenses, as well as the peculiarities of taking into account circumstances mitigating administrative responsibility when appointing administrative punishment for committing certain administrative offenses.

When responding to the Federal Migration Service (and not only to all government agencies), I always use this article...