Foreign citizens arriving from countries with a visa-free regime of entry must obtain a special permit to work in the Russian Federation - a work patent. Almost all of them know how to file and verify a patent, which cannot be said about their employers.
By hiring a migrant, Russians are - - at risk. Modern migration legislation is extremely unambiguous in its wording and requirements, placing responsibilities on both sides of international labor relations. Many procedures are of a purely notification nature, but include monetary fines and other serious sanctions. For example, for work without a permit document - a patent - a foreign citizen can easily go home, and besides, receive an order to close the entry to the Russian Federation for 5 years. A Russian who hires a migrant without a patent runs the risk of paying 400 thousand rubles for the act. rubles of an administrative fine, or even close the business for up to 30 days. A similar punishment awaits the one who takes a migrant with an expired (invalid) patent.
Unfortunately, the patent does not have a specific term of validity, the federal law "On the Legal Status of Foreign Citizens in the Russian Federation" states that the document can be extended, but the term of this extension is not reflected on the patent blank itself. Simply put, simply by picking up a migrant's patent, the employer will not be able to determine the "expiration date" of the document.
How to find out the duration of a patent
There is only one way to find out the validity period of a patent - to look at receipts of payment by a foreign citizen of personal income tax. A patent to a foreign citizen can be issued only for the number of full months for which the migrant paid a fee - tax. In each region of Russia, the smallest is in the Altai Territory (1,568, 40 rubles per month in 2015), the largest is in Moscow (from 4,000 rubles per month). A guest worker can pay for one month or the whole year, but more often migrants pay taxes on a quarterly basis.
So, the employer, checking the patent of a foreign citizen, must first of all ask his employee for a receipt of payment. The amount on the receipt must be divided by the amount of the established tax in the region.
For example, in the Altai Territory, a migrant has a receipt for the amount of 4705, 2 rubles, and the monthly tax is 1568, 4. 4705, 2/1568, 4 = 3 - this is an integer number of months during which the panet is valid
Now you need to look at the date of issue of the document, which is printed on the form and count the number of months minus one day from it.
For example, a patent was issued on January 10 and paid for three months, which means that the document ends on April 9, the next day the migrant can no longer work
Features of the renewal of patents
It is important to remember that a foreign citizen can repeatedly renew his patent by paying for the next months, so often migrants have several receipts in their hands.
But there is one more snag: After a year, a foreign citizen must either leave the country or renew the patent. The latter is a new procedure for Russia; foreigners have never reissued patents. Mass "replacement" of documents will begin in December-January 2016.
