Memo to Russian employers, who decided to hire foreigners

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how to hire a foreigner in 2015, to hire the alien 2015

From 01.01.2015 completely changing the system of granting patents. These changes lead to the fact that foreign citizens arriving to the Russian Federation, and the Russian employers have questions concerning the system of issuing, obtaining patents, as well as foreign citizens who received a patent for work in 2015. A reminder for foreign nationals wishing to obtain a patent in Russia, we led in the previous article. In the current article we will give a reminder for employers who plan to hire a foreigner.

Regulations that should be explored

  1. Federal law dated 01.12.2014 №409-FZ "On introducing to the Labour code of the Russian Federation and article 13 of the Federal law "On legal status of foreign citizens in the Russian Federation," changes associated with the peculiarities of regulation of workers who are foreign citizens or persons without citizenship";
  2. Federal law of 24.11.2014 No. 357-FZ "On amendments to the Federal law "On legal status of foreign citizens in the Russian Federation" and certain legislative acts of the Russian Federation";
  3. Federal law dated 01.12.2014 No. 407-FZ "On amendments to certain legislative acts of the Russian Federation on compulsory social insurance against temporary disability and maternity";
  4. Federal law dated 04.10.2014 №285-FZ "On amendments to articles 217 and 224 of part two of the Tax code of the Russian Federation";
  5. Federal law of 24.11.2014 No. 374-FZ "On amendments to articles 50 and 56 of the Budget code of the Russian Federation";
  6. Federal law of 24.11.2014 No. 368-FZ "On amendments to articles 226 and 227.1 of part two of the Tax code of the Russian Federation";
  7. Federal law of 25.07.2002 №115-FZ "On legal status of foreign citizens in the Russian Federation" (as amended. and add. coming into force from 01.01.2015);
  8. Order of the Ministry of economic development of Russia from 29.10.2014 No. 685 "About establishment of coefficients deflators for 2015".

The main changes from 01.01.2015

Work permits are replaced with patents, canceled the quotas for CIS citizens

From 01.01.2015, instead of quotas for foreign citizens arriving to Russia in order not requiring a visa, will be introduced to patents. Patents mechanism will replace the quota and will enable migrants to work as individual entrepreneurs, and legal persons. to Obtain a patent can only those migrants who entered Russia without visas and have specified in the migration card purpose of the visit was work. Documents to obtain a patent foreign citizens can only be taken personally, all the intermediaries 2016 legislatively excluded.

Order to obtain a patent a foreign citizen will need to apply to the FMS within the first 30 days of stay in Russia. If this deadline is missed, the foreign citizen will need to pay a fine in the amount from 10 to 15 thousand rubles, the documents for obtaining a patent he shall submit with the receipt of payment of the fine.

The patent will be valid for the period for which the payment is made, but not more than 1 year from the date of issuance of the patent. Refusal in reception of documents is carried out if there is a refusal to issue or reissue patent, or there is the case of annulment of the patent during the year prior to treatment, or in connection with the adoption of the decision on suspension for a certain period of grant of patents.

If the patent term available to the foreign national, not extended, or the patent was cancelled, a foreign citizen, if the period of temporary stay in Russia has expired, is obliged to leave Russia.

For registration of a patent a foreign citizen provides:

- acting on the territory period of employment: a contract of medical insurance, copies of contracts on granting of paid medical services concluded with medical institution or health insurance organization in this region;

- medical certificate;

- a certificate on passing the test.

Within 2 months from the date of issuance of a patent a foreign citizen, who are employed by individual entrepreneurs or legal entities, must provide a copy of labor or civil law contract on performance of works or rendering of services.

No later than 10 working days before the expiry of 12 months from the date of issuance of a patent a foreign citizen may apply to the territorial FMS which issued a patent for the reissue of a patent. The number of applications for reissue of a patent may not exceed 1 times.

Attention! January 2015 approved a new list of medical institutions authorized to conclusion of a contract on paid medical services necessary to obtain a patent.

The tax for the patent

how to hire a foreigner in 2015, to hire the alien 2015

The amount of payment of a patent shall be established annually based on the coefficient-deflator and the regional factor (for example, in 2015 in the Khabarovsk territory the monthly payment in 2015 for the patent is 2 744,50 rubles).

The tax for the patent is paid by the taxpayer at the place of implementation of labour activity on the basis of a patent issued before the commencement date of the term for which issued, renewed or reissued patent. In the payment document of the taxpayer specifies in the "Name of payment" "the Tax to incomes of physical persons in the form of fixed advance payment".

The total amount of tax from income of foreign citizens who work for individuals is calculated with accounting of fixed advance payments paid for the period of validity of a patent in respect of the tax period.

The total amount of tax from income of foreign citizens who work for individual entrepreneurs and legal entities, is calculated by the employer, the customer of the services or works and are subject to reduction by the amount of fixed advance payments which a foreign national is paid for the period of validity of the patent. The decrease of the estimated tax payment is made during the tax period by only one tax agent at the choice of a foreign citizen, provided that the withholding agent has received from the tax authority at the place of location (place of residence) of tax agent notice of the confirmation of the right to implement the estimated tax payment on the amount paid by the taxpayer of fixed advance payments.

If the amount of fixed advance payments paid exceeds the amount of tax calculated from the actually obtained revenue, the amount of such excess is not an amount of overpaid tax is not refundable or credited to the taxpayer.

Taxes are fully credited to the local budget.

Suspension of issuance of patents

how to hire a foreigner in 2015, to hire the alien 2015

FMS of Russia has the right to suspend for a certain period patents in the subject of the Russian Federation on the basis of the motivated proposals of the Federal bodies of Executive power or the highest official of the subject of the Russian Federation. A reasonable offer is given on the basis of the forecast socially-economic development of the Russian Federation subject to the respective period taking into account the views of the tripartite Commission on regulation socially-labour relations of the corresponding subject of the Russian Federation, issued in the form of a solution.

The government of the Russian Federation has the right to suspend for a specified period of issuing patents on the territory of the Russian Federation on the basis of proposals of the Federal authority, which is responsible for developing and implementing state policy and normative legal regulation in the sphere of employment and unemployment of the population, based on the results of monitoring, taking into account the views of the tripartite Commission on regulation socially-labour relations, in the form of a solution.

The highest official of the subject of the Russian Federation shall have the right each year to establish a prohibition for foreign citizens who carry out labor activity on the basis of patents for certain types of economic activity. All foreign nationals are subject to dismissal.

Duties of employers

  1. The employer is obliged to notify FMS on the conclusion, termination of labour or civil law contract in a period not exceeding 3 working days from the date of conclusion or termination of such contract.
  2. The employer or customer of works (services) shall not have at the time of conclusion of the employment contract unexecuted orders on administrative punishment for the illegal recruitment of foreign citizens to labor activity in the Russian Federation.
  3. The obligation to notify the tax authorities and the Committee on labor and employment of prisoners and terminated the contracts with foreign citizens cancelled.
  4. Foreign citizens and persons without citizenship who temporarily reside in the Russian Federation, have the right to receive insurance coverage in the form of temporary disablement subject to the payment for them insurance premiums employers (sole proprietors and legal entities) for a period of at least 6 months preceding the month in which the insured event occurs.

The new head of the Labour code

how to hire a foreigner in 2015, to hire the alien 2015

Federal law dated 01.12.2014 №409-FZ the Labour code introduced a new Chapter 50.1, the regulatory requirements for the registration of labor relations between foreign nationals and employers, this Chapter lists the documents which a foreign citizen or a stateless person must present when applying for a job, the order of removal of a foreign citizen from work and order and the grounds for termination of the employment contract with a foreign worker.

Cannot be concluded a contract of employment between the employer and a foreign citizen or a stateless person, if, in accordance with applicable Federal laws and international treaties of the Russian Federation the employer has the right to involve in labour activity of workers who are foreign citizens or persons without citizenship.

The labor relations between foreign citizens, stateless persons and employers subject to the rules set by the labour legislation and other normative acts containing norms of labour law, except when these relationships are governed by foreign law.

What must be included in the contract

First of all, the condition about specifying the grounds of medical assistance to such employee during the term of the employment contract, with details of the policy (contract) voluntary medical insurance or contract for the provision of paid medical services to the employee, concluded by the employer with a medical organization.

Secondly, information about the work permit or patent.

The action permits that are issued to 01.01.2015

Patents that issued before 01.01.2015, allow foreign citizens to work ONLY for INDIVIDUALS. Those foreign citizens who received a patent to 01.01.2015 and does not leave the territory of the Russian Federation, have the right to issue a new patent without complying with the 30-day deadline from the date of entry into the Russian Federation, or to extend an old patent, BUT! apply foreign nationals must, NOT LATER than 10 working days prior to the expiration of the period of temporary stay.

Responsibility

how to hire a foreigner in 2015, to hire the alien 2015

Employers ' liability is governed by articles 18.10 and 18.15 of the code of administrative offences of the Russian Federation.

Article 18.10 Of The Administrative Code

  1. The implementation of the foreign citizen or the person without citizenship of labour activity in the Russian Federation without the work permit or the patent if such permission or the patent are required under Federal law, or the implementation by the foreign citizen or the person without citizenship of labour activity outside the RF subject, on the territory of which this foreign citizen is issued a work permit, a patent or a temporary residence permit-
    shall entail the imposition of an administrative fine in the amount from two thousand to five thousand rubles with administrative expulsion from the Russian Federation or without that.

3. Repeated within one year of the Commission of a foreign citizen or stateless person of an administrative offense under part 1 of this article,-

shall entail the imposition of an administrative fine in the amount from five thousand to seven thousand rubles with administrative expulsion from the Russian Federation.

4. Violation by the foreign citizen or the person without citizenship, arriving to Russia in order not requiring a visa, the deadline to apply for amendments to information contained in the patent or work permit, if such treatment is required in accordance with the Federal law,-
shall entail the imposition of an administrative fine in the amount of from four to five thousand rubles.

Article 18.15

  1. Attraction to labour activity in the Russian Federation the foreign citizen or the person without citizenship at absence at these the foreign citizen or the person without citizenship of the work permit or the patent if such permission or the patent are required under Federal law, any foreign citizen or person without citizenship to the labour activity out of limits of the Russian Federation subject, on whose territory the given citizen or to the stateless person issued a work permit, a patent or a temporary residence permit.-

shall entail the imposition of an administrative fine on citizens in the amount from two thousand to five thousand roubles; on officials - from twenty five thousand to fifty thousand roubles; on legal entities - from two hundred fifty thousand to eight hundred thousand roubles or administrative suspension of activity for a period of fourteen to ninety days.

2. Attraction to labour activity in the Russian Federation of a foreign citizen or stateless person, without obtaining in the prescribed manner permission to attract and use foreign workers if such permission is required in accordance with the Federal law, -

shall entail the imposition of an administrative fine on citizens in the amount from two thousand to five thousand roubles; on officials - from twenty five thousand to fifty thousand roubles; on legal entities - from two hundred fifty thousand to eight hundred thousand roubles or administrative suspension of activity for a period of fourteen to ninety days.

3. Not notifying or violating the established order and (or) notification form of the territorial body of the Federal Executive body authorized on implementation of functions on control and supervision in sphere of migration, on the conclusion or termination (cancellation) of a labor contract or civil law contract on performance of works (rendering services) with a foreign worker in a period not exceeding 3 working days from the date of conclusion, termination (dissolution) of the Treaty, if such notification is required in accordance with the Federal law, -

shall entail the imposition of an administrative fine on citizens in the amount from two thousand to five thousand roubles; on officials - from thirty five thousand to fifty thousand roubles; on legal entities - from four hundred thousand to eight hundred thousand roubles or administrative suspension of activity for a period of fourteen to ninety days.

Registration of foreign citizens at the place of stay

After 7 days from the moment of arrival at the place of stay of foreign citizen is obliged to get registered at the place of stay. Notification about arrival of foreign citizen to the place of residence shall be submitted to the migration authorities of the receiving party not later than 7 days from the date of arrival of this foreign citizen in the stay place.

Citizens of Tajikistan shall enter the Russian Federation only on foreign passports.

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