Federal Law No. 357-FZ of November 24, 2014, in January 2015 significantly changed the balance of power in the field of external labor migration. Foreign citizens, like their potential Russian employers, have received a greater number of rights and independence in matters of labor relations with foreign labor migrants. Work permits for visa-free workers were replaced by patents, the conclusion of an employment contract acquired a notification character. Actually, instead of a lot of responsibilities, both parties have only two left: to formalize labor relations in a proper way and notify the migration service about it.
Legally, the operation of notification of the conclusion or termination of contracts with foreign citizens is simple and does not even require time-consuming - it is enough to fill out the established notification form and bring it to the department or send it by letter with a list of investments. At the same time, it is she who raises a lot of questions and becomes the reason for the imposition of administrative penalties, weekly the immigration control department draws up dozens of protocols under Part 3 of Art. 18.15 both in relation to enterprises and in relation to ordinary citizens. On a weekly basis, when receiving notifications, the Labor Migration Department uncovers facts of falsification of data, when a foreign citizen is actually accepted on a much earlier date than the notification provided to the FMS.
Employment or Civil Notices
The Federal Law "On the Legal Status of Foreign Citizens in the Russian Federation" obliges employers to report on the conclusion of contracts with migrants. Moreover, it is necessary to report on all contracts: on labor (they are concluded with employers-legal entities) and on civil law (they are concluded between individuals). At the same time, according to the Civil Code of the Russian Federation, an oral agreement is also an agreement, so if a grandmother agreed with a foreign citizen about harvesting the crop she grew, she also “entered into” an agreement with them, i.e. must also notify the migration service about this act.
The notification form is standardized, i.e. you will not be able to call and inform about the hiring or dismissal of a foreigner. Order of the FMS of Russia dated June 28, 2010 No. 147 (as amended by order of the FMS of Russia No. 149 dated March 12, 2015) approved the form of notification of the conclusion or termination of an agreement with a foreign citizen, provided by the employer to the migration service.
Terms for providing notifications about the conclusion of a contract with a migrant
It is necessary to provide a notification within 3 working days from the date of the conclusion of the contract, while it must be remembered that the day of the conclusion of the contract itself is included in these three days. Thus, if the contract is concluded on the 1st day, the notification must be submitted before the third inclusive.
The opposite situation when leaving. The course of the terms with which the Labor Code connects the termination of labor rights and obligations begins on the next day after the calendar date that determines the end of the labor relationship. Those. if a foreign employee is dismissed on the 1st, you need to notify before the 4th inclusive.
There is no need to go to the migration service, you can use the services of the Russian Post and send the form by registered mail with a list of attachments. This is very convenient if the deadlines are tight, because the notification will be accepted by the date indicated on the postmark, i.e. date of departure.
Today, only 20% of all notifications are received by mail. For example, in the Altai Territory, a total of 6300 notifications from employers were received, of which 4520 were about hiring foreigners and 1780 were about dismissal. And this despite the fact that 5,500 migrants work on patents in the region, another 141 have work permits, and each of these foreign workers during the working season in the region has the opportunity to find a job more than once, which means that the number of notifications should significantly exceed the number of themselves. migrant workers. It follows that the residents of the region are not sufficiently aware of the obligation to report labor relations with migrants or neglect their duties, and meanwhile the administrative fine for failure to notify or violation of the notification period is significant: up to 5,000 rubles for an individual, up to 50,000 for an official, 400,000 - legal.
The Migration Service constantly reminds that, regardless of the type of labor relationship with a foreign citizen, the employer is obliged to notify the regional migration service of hiring and dismissal. To do this, within three working days from the date of the conclusion of the contract (agreement) or termination of it, you must fill out and submit to the Migration Center the appropriate notification form
Misconceptions and errors in the design of notifications
By the way! One of the most common misconceptions among employers is that it is allegedly not necessary to notify those foreigners who have a temporary residence permit (TRP), a residence permit, or have received the status of a person with temporary asylum. Necessary! It is necessary to notify the migration service about all categories of foreign citizens, without exception, regardless of status or citizenship.
