To employ migrants for work today, the Russians difficult, much more difficult not to become accidental violators of migration legislation which has a significant number of "gotchas." So, for example, in practice there are often situations when the Russian company hires a foreign citizen with special status (for example, sun). These foreigners can work without permits, and therefore accept them as Russians. It would seem: conclude an employment contract and everything, whereas in fact, the device of the migrant must be submitted to the FMS notification of this fact.
- To apply to the migration service is notified of the conclusion or termination of the contract with a foreign citizen you need to absolutely in respect of all categories of migrants
The deadline for notification is always three working days. No matter whether you employ a migrant or fire him. To go to the FMS do not have, you can send the completed notification by registered letter with the investment inventory. Date of notification will be the date of the postmark.
Liability of employer for failure to notify
Russian law is very specific in the requirements. The employer is obliged to notify in three days and in the form prescribed by order of the FMS of Russia №147.
For violation of deadline for notification - fines for violation of the form (as many people forget about it) - also fine. Please note, a violation of the form of notification of the FMS, and behind it and the courts consider:
- Providing the old form (was order No. 5, forms similar, but the new has more information).
- Not filling in all the required fields in the notification.
- No print or information about power of attorney the officers of oragnizatsiya.
When the notice period passed
If the employer missed the deadline for filing notice or ignored the requirement to its form, the migration service will bring him to administrative responsibility. Usually, this deals with the Department of immigration inspectors who invite the representatives of the employer first at interview to clarify, and then handed a Protocol and a receipt for a certain amount of fine.
According to the Administrative code, the violator of the time and form of notice of employment or termination of employment of a foreign citizen is any citizen of the Russian Federation, who was with the migrant in the labor or civil legal relations and did not fulfill the commitment to migration service in terms of informing about this fact. Simply put, the violator will be any Russian citizen, regardless of status:
- individual (ordinary citizens who, for a fee asking migrants to help around the house and not even sign a contract with them);
- a legal entity (the whole enterprise, where employment contract working migrant);
- individual entrepreneur, a Russian, a leading small business and inviting as an assistant for an indefinite period or for a fixed-term contract migrants).
Article 18.15 in the third part States that the intruder-Russians have to pay a fine in the amount from 2000 to 5000 rubles, individual entrepreneur or organization from 400 000 to 800 000 RUB - ATTENTION! for each foreign citizen, which was not notified in time.
The amount of the fine is determined by the inspector of the FMS, as a rule, the first violation sanction minimum subsequent maximum. If the offense is seen intent - do not stand on ceremony.
Some tricks to reduce fine
Physical persons when imposing a fine, you can try to fight for its repeal under article 2.9 administrative code - "insignificance", however, will need to prove that the conduct was not socially dangerous and had consequences (i.e., the foreign workers subsequently were not included in the number of illegal immigrants, no one was killed and robbed).
Legal persons can be advised in official contracts is responsible for working with the migration service persons to prescribe personal liability for the performance of legally significant actions. In this case, the penalty, the inspector will not apply to the company (legal entity), and its employee, who breached the notice period (official). The amount of the penalty in this scenario is reduced by 10 times: from 35 000 to 50 000 rubles.