Is it necessary for an alien working for an individual to conclude an employment contract

patent, a patent for work with an individual, whether an employment contract is required when working with an individual, work at a physical person

11 April. Foreign citizens entering the territory of the Russian Federation for work purposes face many problems and issues. The easiest, of course, is for those foreigners who are officially employed by a legal entity. It is enough for such foreign citizens to take the labor contract, which is given to them by the employer, and to carry it to the Main Administration of the Ministry of Internal Affairs of the Russian Federation.

And what about an alien who is going to work for an individual? Do I need to enter into a labor or civil law contract?

Many foreign citizens make the mistake of not entering into a labor or civil law contract with their employer. This is fraught with various negative consequences, in particular:

  • a foreign citizen can remain without wages, and prove that he worked for this person, he can not in any way, since there are no documents confirming his work;
  • illegal work is a violation of the legislation of the Russian Federation, for which punishment is provided until the expulsion from the territory of the country.

And yet many foreigners are worried about the question of whether to conclude a labor or civil law contract, if a foreigner works for an individual.

patent, a patent for work with an individual, whether an employment contract is required when working with an individual, work at a physical person

The answer to this question is simple - of course, necessary. This conclusion is based on the provisions of the law. In particular, according to clause 1 of Article 13.3 of Federal Law No. 115-FZ of July 25, 2002 "On the Legal Status of Foreign Citizens in the Russian Federation", employers or customers of work (services) who are citizens of the Russian Federation have the right to engage in labor activities to ensure personal, domestic and other similar needs, foreign nationals who have arrived in the Russian Federation in an order not requiring a visa, if each such foreign citizen has a patent, on the basis of labor or civil law says.

Accordingly, in spite of the fact that a foreign citizen plans to work for an individual, such labor activity must be fixed by a labor or civil law contract.

Recall that legislation, in particular paragraph 7 of Art. 13.3 of the above-mentioned law, contains the obligation of foreign citizens working for legal persons, notaries and lawyers, within 2 months from the date of granting the patent, to submit a copy of the labor or civil law contract to the MOI of the Ministry of the Interior of the Russian Federation.

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