Notice of hiring a foreigner - who needs it

Federal law of 24.11.2014 No. 357-FZ of January 2015 significantly changed the balance of power in the sphere of external labour migration. Foreign nationals and their prospective employers-the Russians got more and more rights and autonomy in the matter of labour relations with foreign migrant workers. To replace work permits for bezvisovogo came patents, employment agreements acquired notification. Actually both sides instead of the mass duties, there are only two: to execute properly the employment relationship and to notify the migration service.

Legally, the operation of the notification of the conclusion or termination of contracts with foreign citizens is simple and does not require time – enough to fill the prescribed form of the notice and bring it to the office or send a letter with a list of attachments. While it raises many questions and becomes a reason for imposing administrative penalties, the Department of weekly immigration control is dozens of protocols under part 3 of article 18.15 in respect of companies and against ordinary citizens. Weekly taking notice, the division of labour migration established the facts of falsification of data where the foreign citizen actually accept a date much earlier than provide the notification to the FMS.

Notification of labour contract or civil-pravova

Federal law "On legal status of foreign citizens in the Russian Federation" obliges employers to report on detention of migrants contracts. And you need to tell about all the agreements on labor (they conclude with employers-legal entities) and civil (they are between individuals). However, according to the RF Civil code, a verbal contract is also a contract, so if the grandmother agreed with a foreign national about cleaning it grown crop, it is also "signed" a Treaty with them, i.e. must also notify the immigration act.

Form notifications are standardized, i.e. to call to report the hiring or dismissal of a foreigner will not work. By order of the Federal migration service of Russia dated 28.06.2010 No. 147 (as amended by order of the FMS of Russia №149 from 12.03.2015) approved form of notification of the conclusion or termination of the contract with a foreign citizen, provided by the employer to the migration service.

Time predostavleine notification of conclusion of the contract with migrant

Provide notice within 3 business days from the date of conclusion of the contract, it should be remembered that the date of the contract is included in these three days. Thus, if the contract is number 1, you must submit a notification to the third, inclusive.

The reverse situation in case of dismissal. For periods, which the labor Code links cessation of labor rights and responsibilities, begins next day after calendar date, which is determined by the end of the employment relationship. I.e. if the employee is a foreigner fired on the 1st day, you need to notify until the 4th inclusive.

To actually go to the migration service is not necessary, you can use the services of Mail of Russia and send the form certified mail with the investment inventory. This is very useful if the deadlines, because the notice will be taken by the date indicated on the postal stamp, i.e. the date of departure.

Today, the mail arrives only 20% of all notifications. For example, in Altai Krai 6300 all received notifications from employers of them 4520 – on the employment of foreigners and 1780 – resignation. And this despite the fact that the patents in region employs 5500 migrants, 141 have work permits, and each of these foreign workers for the working season in the region has the opportunity to be employed more than once, and hence the number of notifications should substantially exceed the number of migrant workers. It can be concluded that the inhabitants of the region are not sufficiently aware of the obligation to report labor relations with migrants or neglecting responsibilities, meanwhile, the administrative penalty for failure to notify or violation of the notice period substantial: up to 5000 rubles per person, up to 50 000 – job, 400 000 – for legal.

• Migration service constantly reminds us that regardless of the type of employment relationship with a foreign citizen, the employer is obliged to notify the employment and dismissal of the migration service of the region. To do this within three working days from the date of the contract (agreement) or the termination itself needs to fill out and submit to the Migration centre and the appropriate notification form.

Misconceptions and errors in the processing of notifications

By the way! One of the most common among employers of the misconceptions is that supposedly do not need to inform on those foreigners who have temporary residence permit (RWP), residence permit or was granted the status of persons with temporary asylum. Need! To notify the migration service needs of all categories of foreign citizens without exception, regardless of status or nationality.