To apply for a job of a foreign citizen, it is not enough to conclude only an employment or civil law contract with him. The procedure for official registration of a non-resident is rather complicated and requires serious expenses. Therefore, it is necessary to first understand and develop an action plan in order to avoid mistakes and not waste time.
Get an opinion on the advisability of using the labor force of foreign citizens. This document is issued by the state employment agency. The procedure for its issuance is regulated by Instruction No. 175. To obtain an opinion, contact the employment center at the place of registration of the company. In accordance with the list determined by Instruction No. 175, you will need to submit the following documents: an application (Appendix 1 to the Instruction), a photocopy of the organization's registration certificate, and if you are an individual entrepreneur, in addition to the registration certificate, you need to provide an identity card.
The Employment Center will send your proposal to the Federal Service for Labor and Employment. Usually, an opinion is issued without any problems when a foreign worker of a rare specialty is hired. But if there is no shortage of the required specialist in the local labor market, you will have to try very hard to convince the employees of the employment service that you need a foreign citizen.
Then you need to obtain permission to conclude labor agreements with foreign citizens. To do this, submit the following package of documents to the migration service: - an application for permission to hire foreign workers;
- the conclusion of the body of the Federal Service for Labor and Employment;
- for organizations a notarized copy of the certificate of registration in the Unified State Register of Legal Entities or USRIP for individual entrepreneurs;
- a notarized photocopy of the tax registration certificate;
- a notarized photocopy of the identity document and the place of registration of the individual entrepreneur;
- an example of an employment agreement or other documents confirming a preliminary agreement with citizens of another country or foreign partners about the intention to attract non-resident workers;
- a receipt for payment of the state duty.
The FTS will make a decision to issue a permit within 30 days (if an examination is required, then within 45 days) and will send you a response by mail, or transfer it to an authorized person.
At the last stage, the foreign citizen you are hiring must apply for a work permit. If a non-resident is a citizen of a country that has a visa-free regime with Russia, he independently submits all the necessary documents to the Federal Tax Service. For foreigners who arrived in Russia on a visa, the employer must submit a package of documents to the Federal Tax Service, which includes: - a color photograph;
- a notarized photocopy of the document on the received professional education or a certificate of its compliance with the Russian diploma;
- a receipt for payment of the state duty. You will also need to provide your identity card, a notarized photocopy of the identity card and a medical certificate of a foreign worker.
After concluding an employment agreement with an employee, do not forget to send notifications to government agencies that monitor the work of non-residents in Russia. The notification procedure is laid down in Federal Law No. 115.