In connection with the current Ukraine situation, this topic has become very relevant. The flow of foreign workers surged to Russian enterprises. Many employers are confused what to do with such workers, after all, like and can take a good specialist (of which many of the refugees), but here's how to make them is the big question that scares many.
Citizens of Ukraine – foreign citizens, therefore all relations with them, regulates the Federal law №115-FZ from 25.07.2002 "On the legal status of foreign citizens in the Russian Federation".
Regimes of stay of foreign citizens in Russia
First of all, you should clearly understand what the statuses can be workers. Depending on the status change and the rules of their employment.
So, foreign citizens can stay in Russia temporarily or permanently. Foreign residents have a residence permit (must be renewed every 5 years). This category of foreign citizens are equal in labour relations to the citizens of Russia, i.e. the employment of such citizens there are no restrictions, permits any such citizen is not necessary. Such workers should be taken in the usual way.
Foreign citizens temporarily residing in the territory of the Russian Federation, can have five statuses:
- temporarily staying;
- temporarily residing;
- granted temporary asylum;
- the refugee;
party programme on facilitating voluntary resettlement of compatriots.
Only temporarily staying foreign citizens must obtain a work permit (without this permission to employ such a citizen).
All other statuses allow a foreign citizen to work in the Russian Federation as citizens of the Russian Federation, but with some limitations. For ease of assimilation of information, all the information set out in the table.
|The status of a foreign citizen||The concept||The form and terms of employment|
|1||Temporarily||Foreign citizens staying in the order not requiring a visa, may stay in the territory of the Russian Federation not more than 90 days in total during each period of one hundred eighty-suto||For working individuals. Term of employment - 1 month - 3 months with possibility of extension for a period not exceeding 3 months. The total term of patent is not more than 1 year from the date of issuance of the patent. To work foreign citizen on the territory of the subject, in which he issued the patent.|
|This period extend the territorial body of the FMS. The period is extended upon issuance of a work permit or a patent or the extension of the patent or work permit. The period of temporary stay shall be extended by the period of the employment contract or civil law contract concluded with a foreign citizen, but not more than 1 year from the date of entry in Russia.||A work permit. Term of employment: 1. for the period of temporary stay; 2. for the duration of the employment contract or civil contract, not more than 1 year from the date of entry of the foreign citizen in the Russian Federation. To work a foreign citizen can only on the territory of the constituent entity of the Russian Federation on the territory of which issued the work permit.|
|2||Temporarily living||This status is confirmed by the temporary residence permit. This permit confirms the right of a foreign citizen to reside temporarily in the territory of the Russian Federation until receipt by that person of a residence permit||The person who obtained the temporary residence permit has the right to work without issuing work permit and only subject in which a TRP was obtained. The term of employment is for the duration of the temporary residence permit.|
|The term of registration of a TRP - 60 days|
|The period of validity is 3 years.|
|This status is issued by the territorial body of the FMS.|
|3||Temporary shelter||This status allows a foreign citizen and the stateless person to temporarily reside on the territory of the Russian Federation.||For employment of a foreign citizen is not required to obtain work permits. The term of employment for the period of conservation status.|
|The application for temporary asylum submitted to the regional body of the FMS. The decision to grant asylum is taken within a period not exceeding 3 working days (earlier this term was 3 months) from the date of submission of the application.|
|After a positive decision, the foreign citizen within 1 business day, a certificate of asylum seekers (medical certificate mandatory the honey. examination).|
|The status term - 1 year with possibility of extension.|
|4||Refugee||Refugee status is issued to a person who is not a citizen of the Russian Federation and which, due to well-founded fear of becoming victim of persecution on grounds of race, religion, citizenship, nationality, membership of a particular social group or political opinion is outside the country of their citizenship and cannot use protection of this country or unwilling to use such protection owing to such fears; or, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or unwilling to return to it owing to such fears.||This status allows a foreign citizen to seek employment on an equal basis with Russian citizens, to participate in employment, engage in entrepreneurial activity. For employment are not required to obtain work permits.|
|This status is subject to appeal to the territorial body of the FMS.||The term of employment for the period of conservation status.|
|The time limit for considering applications - 1 - 3 months.|
|After the positive decision within 1 day are given a certificate of refugee.|
|5||The participant of the state program of resettlement of compatriots||Participants of the state program of resettlement of compatriots and members of their families are eligible for obtaining temporary residence permit outside the quota, obtaining the residence permit and Russian citizenship in a simplified manner.||Participants of the state program on resettlement and members of their families shall have the right: 1) to carry out labor activity on hiring; 2) professional education; 3) engage in entrepreneurial and investment activities (including without establishing a legal entity); 4) to undertake agricultural activities; 5) to conduct private subsidiary farming; 6) engage in other activity that is not prohibited by the legislation of the Russian Federation.|
|The term of employment and other activity - the period of validity of the certificate of the participant of the state program.|
To work in the field of education, upbringing, development of minors, organization of their rest and improvement, medical maintenance, social protection and social service, in sphere detsko-youthful sports, culture and art with participation of minors at the conclusion of the employment contract be presented, including the criminal records.
To obtain this certificate a citizen of Ukraine may, by submitting an application to PKU "MIAC MIA of Russia" and Information center of the Ministry of the interior (ATC) in the corresponding region through the departments of the Ministry of internal Affairs of the Russian Federation on areas, cities and other municipalities.
How to hire a refugee
Now, having clarified the main provisions, it is possible to answer the main question – how to hire a refugee. If a citizen of Ukraine has received refugee status (his hands have a refugee certificate), it can be arranged to work in the usual manner, as citizens of the Russian Federation. Work permits for refugees are not required.
Attention! The employment agreement with such employee may be required urgently. For the duration of refugee status (this date can be found in the refugee Certificate).
If the refugee Certificate no, then take the citizen of Ukraine to work in the manner provided for temporarily staying foreign citizens. The foreign national must register with the migration service, to issue a work permit (with the exception of the above-described statuses).
In the next article, we will see what contributions you have to pay from the wages of foreign workers.