There are more and more foreign citizens seeking to work in Russia every year. This is probably why the legislator, on the one hand, makes it easier for them to legalize, and on the other hand, imposes more and more responsibilities on the side receiving migrants. So, since 2015, each employer must notify a foreigner about the hiring and dismissal.
It is not difficult for Russians to hire a migrant today; it is much more difficult not to become accidental violators of migration legislation, which has a significant number of "pitfalls". So, for example, in practice, it is not uncommon for a Russian company to employ a foreign citizen with a special status (for example, with a temporary residence permit). Such foreigners can work without permits, and therefore they are accepted in the same way as Russians. It would seem: conclude an employment contract and that's it, while in fact, after the placement of a migrant, you need to submit a notification to the FMS about this fact.
The deadline for submitting notifications is always three business days. It doesn't matter if you hire a migrant or fire him. It is not necessary to go to the FMS, you can send a completed notification by registered mail with a description of the attachment. The date on the postmark will be deemed to be the date on which the notification is submitted.
Employer's liability for failure to notify
Russian legislation is very specific in terms of requirements. The employer is obliged to notify exactly in three days and exactly in the form provided for by order of the Federal Migration Service of Russia No. 147.
For violation of the deadline for filing a notice - a fine, for violation of the form (and many people forget about this) - also a fine. Please note that a violation of the FMS notification form, and after it, the courts consider:
- Providing the old form of the form (previously there was order No. 5, the forms are similar, but the new one contains more information).
- Not filling in all required fields in the notification.
- Absence of a seal or data on the power of attorney of an official of the organization.
When the notice period has passed
If the employer missed the deadline for filing a notification or neglected the requirement for its form, the migration service will bring him to administrative responsibility. As a rule, this is done by the Immigration Control Department, whose inspectors invite representatives of the employer first for an interview to clarify the circumstances, and then hand over a protocol and a receipt for a certain amount of the fine.
According to the Administrative Code of the Russian Federation, a violator of the terms and forms of notification of the hiring or dismissal of a foreign citizen - Simply put, any Russian will become a violator, regardless of status:
- an individual (ordinary citizens who for a fee ask migrants to help with the housework and do not even sign an agreement with them);
- a legal entity (a whole enterprise where a migrant works under an employment contract);
- an individual entrepreneur (a Russian who runs a small business and invites a migrant as an assistant for an indefinite period or for the term of a fixed-term contract).
Article 18.15 in the third part states that a Russian violator must pay a fine in the amount of 2,000 to 5,000 rubles, an individual entrepreneur or an organization from 400,000 to 800,000 rubles - ATTENTION! - for each foreign citizen, about whom he was notified at the wrong time.
The amount of the fine is determined by the FMS inspector, as a rule, for the first violation, the penalty is minimal, for subsequent violations - the maximum. If intent is seen in the offense, they do not stand on ceremony.
Some tricks for lowering the fine
Individuals, when imposing a fine, can try to fight for its abolition under Article 2.9 of the Administrative Offenses Code of the Russian Federation - "insignificant", however, it will be necessary to prove that the act did not become socially dangerous and did not have consequences (that is, the foreign worker was subsequently not included in the number of illegal immigrants, did not kill or rob anyone).
Legal entities can be advised in the official contracts with the persons responsible for working with the migration service to prescribe personal responsibility for the commission of legally significant actions. In this case, the inspector will impose a fine not on the enterprise (legal entity), but on its employee who violated the notification period (official). The amount of the fine in this situation is reduced by 10 times: from 35,000 to 50,000 rubles.
