At what rates are insurance premiums paid for payments to citizens of EAEU member countries?
Since citizens of EAEU member countries have the same social security as Russian citizens, tariffs for both categories will be the same.
Read more about insurance premium rates here.
Insurance premiums from payments to citizens of the EAEU member countries are paid to compulsory medical insurance and compulsory health insurance. The exception is highly qualified specialists. They do not pay insurance premiums for compulsory health insurance (clause Art. 7 of the Federal Law of December 15, 2001 No. 167-FZ).
It is worth noting that contributions for injuries are paid only if this is provided for in the GPC agreement (Federal Law of July 24, 1998 No. 125-FZ). If the GPC agreement does not provide for this, there will be no contributions (paragraph 1, article 5 of the Federal Law of July 24, 1998 No. 125-FZ).
Why hire a foreign employee
All other things being equal, a company can employ a Russian citizen, firstly, it is procedurally much simpler and less expensive from a financial point of view, and secondly, this attracts less vigilant attention to the company from government agencies that control this area. This is not surprising, since every state is interested in promoting the implementation of the labor rights of its citizens.
At the same time, the demographic decline of the 90s of the twentieth century in the conditions of a recovering economy causes the existing shortage of personnel in the domestic labor market. This shortage, as a rule, is eliminated through the employment of citizens arriving from other countries, whose share in the structure of the Russian labor force currently amounts to about 7%.
Based on this, attracting foreigners for the purpose of employment in a company can be beneficial in the following options:
- A foreigner is a qualified specialist in one of the areas for which there is a personnel shortage in the domestic labor market (this option is welcomed in most cases).
- A foreigner is ready to do work for less pay than the average for a specialty or profession in this region, without requiring additional social guarantees, often more intensively (as a result, so-called dumping in the labor market occurs, which the state fights by establishing minimum requirements in regarding the employment of foreigners).
If you want to hire a foreign specialist, it is useful to find out specific recommendations on how to act in the legal field so that regulatory authorities do not have any claims against the company.
If your case is the second, then it is necessary to recommend first assessing the feasibility and potential economic effect of such a decision, since employing a foreigner is accompanied by significant costs for the employer, the value of which may well end up being higher than the savings.
In addition, it should be remembered that the work of a migrant under the conditions of an illegal immigrant or registration carried out with deviations from the accepted procedure may become the basis for the imposition of penalties, the amount of which can reach 1 million rubles, or lead to the suspension of the business activities of a legal entity for up to 90 days.
Video: Vladimir Turov on precautions when hiring migrants
Peculiarities of labor relations with foreigners
Labor relations with foreigners have a number of specific nuances that must be taken into account in order to avoid penalties from regulatory government agencies.
It is possible to hire a foreigner, but you must strictly comply with all legal requirements
Features of drawing up an employment contract
When hiring a foreigner to the staff of a company, it is necessary, before signing an employment contract, to acquaint him with signature as a future employee with the following documents:
- internal labor regulations;
- collective agreement;
- other local acts that regulate the employee’s labor activities.
According to the requirements of the current legislation, only after completing this procedure is it permissible to proceed directly to concluding an employment contract with a foreigner.
The employment contract must be drawn up in Russian.
If you wish, you can additionally draw up a contract in a foreign language that is understandable to the migrant, but the employer is not obliged to do this. Behind the staff
zashtatom.ru/novosti/pravila-oformleniya-inostrannyh-grazhdan-na-rabotu-v-rossii/#oformlenie-v-shtat
The contract always contains the following key information:
- information about the patent or work permit (series, number, date of issue, validity period, by whom);
- details of the VHI policy or medical services agreement;
- information about a temporary residence permit or residence permit.
We add that the employment contract, except for the cases specified in Article 59 of the Labor Code of the Russian Federation, is drawn up for an indefinite period.
An employment contract for an indefinite period is concluded between an employee who is a foreign citizen or a stateless person and the employer, and in the cases provided for in Article 59 of this Code, a fixed-term employment contract.
Article 327.1 of the Labor Code of the Russian Federation/
A fixed-term employment contract can be concluded:
- for the duration of the duties of the absent employee;
- for the duration of temporary (up to two months) work;
- to perform seasonal work;
- to carry out work beyond the normal activities of the employer (reconstruction, installation, commissioning and other work);
- in other cases provided for by the Labor Code of the Russian Federation or other federal laws.
Using the links below you can download standard samples of employment contracts with foreigners:
- temporarily staying in the Russian Federation (under a patent);
- temporarily residing in the Russian Federation;
- permanently residing in the Russian Federation.
Then an order is issued to hire this employee, with which he is familiarized with his signature, and the corresponding entry is made in the work book. The rules determined by the state for the procedure for registering and maintaining work books in accordance with Article 11 of the Labor Code of the Russian Federation equally apply to foreigners.
Let us remind you that in the Russian Federation there are two forms of work books: the 1974 model and the 2004 model. If a new employee does not have such a work book, then the employer is responsible for issuing it.
Afterwards, a personal card is created for the employee using Form T-2, where the employee confirms with his signature that he has read the entries made in his work book. Don’t forget to obtain the signature of your new employee for permission to process personal data.
And finally, the employer must send a notification to the local migration service office no later than three working days after signing the employment contract.
The notification form for hiring a foreigner is available here, and a sample of how to fill it out is here.
Video: notice of hiring and dismissal of a foreigner
Features of suspension from work
Article 327.5 of the Labor Code of the Russian Federation imposes an obligation on the employer to remove from work an employee who is a foreigner if the validity period is suspended or expired:
- permits to attract and use foreign workers;
- work permit or patent;
- temporary residence permits;
- residence permit;
- a VHI agreement (policy) or an agreement concluded by the employer with a medical organization on the provision of medical services to employees.
In order to avoid penalties from regulatory authorities, the employer should also monthly check that employees who are citizens of other countries have receipts for payment of personal income tax on the patent, since delay in payment even by one single day leads to automatic cancellation of the patent. Only after checking the receipt can the migration registration be extended for the period of payment for the patent.
Video: Natalya Gorbova about personal income tax from a foreigner working under a patent
Features of termination of an employment contract
The procedure for dismissing a foreigner is generally similar to the previously described admission procedure. In this case it is necessary:
- Issue an order to dismiss the employee, which he must read and sign.
- Make a note of dismissal in your work book.
- Give the foreign citizen a work book, having previously received a signature on the employee’s card in the T-2 form.
- Within three working days from the date of termination of the employment contract, send a notice to the local branch of the migration service about the dismissal of the foreigner.
The notification form for termination of an employment contract with a foreigner is available here, and a sample of how to fill it out is here.
Video: Larisa Fedorova on the procedure for hiring and dismissing foreigners
Sequence of applying for a job for a foreigner
Before employing a migrant, it is necessary to determine the status of his stay in the Russian Federation, since the further employment procedure and requirements are largely determined by this factor.
A foreign citizen, if he is legally in the Russian Federation, has one of the following three statuses:
- temporarily staying in the Russian Federation - a citizen of another country who came to the country with a visa or without a visa and is here on the basis of a patent or work permit;
- temporarily residing in the Russian Federation - a citizen of another country who has been granted a temporary residence permit for a period of 3 years;
- permanent resident in the Russian Federation - a citizen of another country who has been granted a residence permit for a period of 5 years or on the basis of an EAEU agreement.
Video: sequence of hiring a migrant
Temporarily staying in the Russian Federation
This group of foreigners is characterized by the greatest number and prevalence. Here, the country of citizenship of the applicant, or, more precisely, the regime of stay in the Russian Federation for residents of this country, becomes significant. Thus, for citizens of CIS member countries, excluding Turkmenistan, as well as for Abkhazia and South Ossetia, Israel and Turkey, we have a visa-free regime. For representatives of other countries, a necessary condition is to have a visa.
Taking into account these factors, the personnel service of the employing company should check whether the foreigner seeking employment has the documents listed below.
Table: documents when hiring a person temporarily staying in the Russian Federation
| For processing migrants from countries with a visa regime | For processing migrants from countries with a visa-free regime | For registration of citizens of Armenia, Kazakhstan and Kyrgyzstan |
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Notes:
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Video: Viktor Bocheev about the documents required from a migrant when hiring
Visa-free foreigners (under patent)
Due to the adopted changes, starting from 2015, the admission of persons temporarily staying in the territory of the Russian Federation without a visa is carried out on the basis of a patent.
A patent is a document confirming the right of a foreign citizen to temporarily carry out labor activities on the territory of a constituent entity of the Russian Federation.
Art. 2 of the Federal Law of July 25, 2002 No. 115-FZ
A patent is issued by the department of the Main Directorate for Migration Issues of the Ministry of Internal Affairs (hereinafter referred to as the Migration Service) for a period of up to 1 year. To receive it, a foreign citizen must provide, within thirty calendar days from the date of entry into the Russian Federation:
- relevant statement;
- a document proving his identity;
- migration card indicating work as the purpose of the visit;
- a VHI agreement (policy) valid on the territory of the Russian Federation for the period of employment;
- documents confirming that the foreign citizen does not have drug addiction and others, according to the list;
- a document confirming knowledge of the Russian language, knowledge of the history of Russia and the fundamentals of the legislation of the Russian Federation;
- documents confirming registration at the place of residence.
The period, as well as the region of labor activity, determine the cost of the patent. To renew a patent for the next year, you must contact the migration service one month before the expiration of its validity period with the package of documents provided for by domestic legislation.
It should be clarified that the validity of a patent is limited only to the subject of the Russian Federation where it was received, and only to the specialty that is indicated there.
Appearance of a patent for a foreign citizen wishing to work in the Russian Federation
Video: Yulia Sinitsyna about the new rules for the employment of visa-free foreigners
Visa foreigners (on a work visa)
The most costly, financially, and labor-intensive, organizationally, remains the employment of a person temporarily staying in the Russian Federation on the basis of a visa. The main milestones for this complex procedure are given below.
Table: sequence of hiring a visa foreigner
| Stage | Content | Expenses |
| 1 | Send an application to the employment authorities regarding the need for specialists of the relevant profile in order to receive confirmation from them about the advisability of attracting foreign workers for this purpose. | For free |
| 2 | In accordance with Order of the Federal Migration Service dated October 30, 2014 No. 589, obtain permission to attract and use foreign workers, the registration of which is carried out at the local branch of the migration service. | 10 thousand rubles for each foreign worker |
| 3 | To obtain a visa and work permit for a foreign employee, you must submit the package of documents provided for by the above-mentioned order to the migration service. | 3.5 thousand rubles |
| 4 | At the migration service, issue entry invitations for a foreigner. | 800 rubles |
We must remember that a work visa is issued for a period not exceeding 1 year. The total duration of the procedure for registering a foreigner in this case, as a rule, is more than two months; this must be taken into account when initiating it. In addition, within the next three days you need to send a notification of the foreigner’s arrival to the local migration service office, only after which you can proceed to signing an employment contract.
Temporarily residing in the Russian Federation
Persons with this status have the right to work in the Russian Federation without the need to obtain a patent or work permit, but only in the region where they received a temporary residence permit. Upon expiration of its validity period, such a person must leave the country or obtain a residence permit.
The procedure for registering persons temporarily residing in the Russian Federation is similar to the standard procedure for hiring our citizens. The only thing is that you must notify the territorial branch of the migration service about the fact of employment.
Permanently residing in the Russian Federation
Citizens of this category include persons who have a residence permit, and the validity period of which has not yet expired. Foreigners with this status, along with citizens of the Russian Federation, are not bound by restrictions when choosing a place of employment and can work at their own discretion throughout the country.
The employment sequence is similar to the previous case.
Table: documents required for employment of visa-free foreigners
| Document | Visa-free foreign citizens | |||
| temporarily staying in Russia | temporarily residing in Russia | permanently residing in Russia | citizens of Armenia, Belarus and Kazakhstan | |
| Identity card | passport of a foreign citizen | foreigner's passport or residence permit | foreigner's passport | |
| Employment history | if there is a Soviet or Russian model; if not, then the employer must register | |||
| Certificate of compulsory pension insurance | in the presence of; if you are getting a job for the first time, then SNILS must be issued by the employer | |||
| Military registration | not required | |||
| About education | if the position requires certain knowledge and skills | |||
| Confirming the right to work | patent or work permit issued before January 1, 2015 | temporary residence permit | resident card | not required |
| Confirming the right to medical care | VHI policy or contract | not required | ||
