Employment of foreign citizens. Employment of citizens of Kyrgyzstan: step by step instructions

Employment of citizens of Kyrgyzstan in 2017 has its own characteristics. In this article, we will tell you how to properly draw up an employment contract with the Kyrgyz and notify them about it migration service. Sample employment contract with a citizen of Kyrgyzstan you will also find in this material.

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Conditions for hiring citizens of Kyrgyzstan in 2017

Citizens of countries that are members of the Eurasian Economic Union are employed in Russia according to a simplified scheme. To conclude an employment contract with a citizen of Kyrgyzstan, a country that joined the EAEU on May 29, 2014, the employer does not need to request permission to attract foreign work force. Accordingly, neither a work permit, nor a visa, nor a patent is required from the Kyrgyz. But still it is necessary to put such workers on the migration register. And, of course, the contract must be drawn up in compliance with all the norms of the Labor Code of the Russian Federation.

What is the correct way to hire citizens of Kyrgyzstan, completely eliminating the possibility of a fine that can be imposed for violating migration laws?

Let's consider the following example: a Russian company has to go through the procedure for hiring a Kyrgyz Azamat Akaev. His future position is a junior specialist in the production department.

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Step-by-step instructions for hiring a citizen of Kyrgyzstan

Step 1. We study regulatory documents

First of all, we will study Article 97 of the Treaty on the EAEU of May 23, 2014, the agreement on the accession of the Kyrgyz Republic to the Treaty on the EAEU, as well as the Law of July 25, 2002 No. 115-FZ and the norms of the Labor Code of the Russian Federation, especially Article 327. Of these documents, we learn that when hiring citizens of Kyrgyzstan, it is important to comply with all the norms of the labor legislation of Russia, and the hiring of Kyrgyz in 2017 is carried out according to a simplified scheme.

This means that there is no need for permission to use foreign labor. An official invitation to work in a Russian company does not need to be sent to Azamat Akayev either. (clause 4.5 c. 13 of the Law of July 25, 2002 N 115-FZ).

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The list of required documents is specified in Art. 65 of the Labor Code of the Russian Federation. The first is Azamat's passport. If it is issued in Kyrgyzstan, everything is in order, this is enough for employment and identity confirmation. Azamat has neither a patent, nor a work permit, nor a visa (clause 1, article 97 of the Treaty on the EAEU of May 29, 2014, part 4, article 15 of the Constitution of the Russian Federation). However, the future employee must provide documents confirming that he is in the country legally.

According to paragraph 1 of Art. 2 of Law No. 115-FZ, these are:

• migration card or temporary residence permit - in the case of Azamat's temporary stay in Russia;
• residence permit - if Azamat lives in the country permanently.

Suppose Azamat came to Russia for a certain period - ask him migration card. Take a copy. Make sure that the card is not expired and that Azamat crossed the border no more than 30 days ago. This is the deadline for a Kyrgyz to live in Russia without registration. If your company is the host for the Kyrgyz, you will have to apply for Azamat's migration registration. You have 30 days from the moment he entered Russia.

The following document is medical policy. If your organization itself concludes an agreement with the clinic for the treatment of employees, then you do not need to demand a VHI policy from Azamat. If there is no such practice at the enterprise, Azamat is obliged to issue a medical policy himself. Check that its validity and the term of your employment contract with Azamat coincide (see letter of the Ministry of Labor of Russia dated September 26, 2016 No 16-4 / B-465). Tell Azamat that from January 1, 2017, citizens of Kyrgyzstan working in Russia can themselves obtain a compulsory medical insurance policy.

Explain that if Azamat had a CHI policy, then a VHI policy would not be needed. In this case, the details of the CHI policy would be enough for you to draw up an employment contract (part 1 of article 327.3 of the Labor Code of the Russian Federation).

Now the workbook. It must be either Russian or Soviet - you cannot accept other forms. If Azamat gets a Russian job for the first time, issue him a work book, like any other employee.

SNILS. Ask Azamat for SNILS, and if it is not there, draw up a document in the pension fund yourself. Documents about education. Azamat does not apply for the vacancy of a teacher, lawyer, physician, pharmacist - that is, he does not need any special skills and abilities. Therefore, a diploma is not required from him. But if Azamat was going to work, for example, as a doctor, then he would have to provide it. Your task is to check in what language the documents are drawn up. If in Kyrgyz, the employee needs to translate them into Russian and certify with a notary.

Military ID. Since the employer is obliged to keep military records only in relation to citizens of Russia liable for military service, do not demand a military ID from the Kyrgyz.

Criminal record check. Do not ask for the relevant certificate: Azamat's position does not involve working with children and other factors when it is required.

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Sample employment contract with a citizen of Kyrgyzstan

You can conclude an employment contract with a Kyrgyz for an indefinite period or for a fixed period. The grounds for this are indicated in Part 5 of Art. 327.1 of the Labor Code of the Russian Federation). To write a competent employment contract with a Kyrgyz, insert into the document template for a Russian employee the items required for

Theme of the issue

The editors developed a calculator according to the methodology of the Ministry of Labor. He will calculate how many personnel officers the company needs in order to plan the staff and payroll for 2018. The Analytical report and the arguments of the chief rationing expert will help to convince the director

Before Azamat signs the contract, familiarize him with the internal documents of the company's work schedule, etc. against signature. Next, fill out the T-1 form (an order to hire an employee), a personal card of the T-2 form and a work book, make all the necessary notes in the work book movement book. Conduct an occupational safety briefing and record this fact in the journal.

6492

• Themes:
• Recruitment
• The procedure for hiring
• foreign worker

The article discusses the nuances of employment of citizens of foreign countries in Russian companies, the problems that employers have to solve when hiring foreigners in 2017, as well as the procedure and conditions for formalizing labor relations with migrants with different statuses.

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Conditions for hiring foreigners in 2017

The primary task of any state is to provide jobs for its citizens, so many countries limit hiring foreign citizens in order to protect the national labor market. Russia is no exception. Hence, there is a need to create rules for hiring foreigners, which are required to comply with all employers, regardless of ownership.

The hiring of foreigners in 2017 is not prohibited by the current legislation and many of them are subject to general rules and conditions of employment. That is, foreigners are employed in the same way as Russian citizens. The conditions for hiring this category of applicants are determined by their special legal status. That is, we can say that they depend on whether a foreigner temporarily or permanently resides in our country, whether a visiting worker arrived on its territory without a visa or on a visa basis.

Personnel officer Yevgenia Trifonova convinced the head of Corridor LLC that the company would only benefit from hiring foreigners. Firstly, they help the company save on low-skilled labor, and secondly, they can be hired for temporary work. And registration is not worth the trouble, if you correctly determine which category a foreigner belongs to.

The conditions and procedure for hiring foreign citizens in 2017 are regulated federal law and, in particular, Law No. 115-FZ. But, in addition, they are subject to some restrictions on employment, established by Decree of the Government of the Russian Federation No. 1315 of December 08, 2016. This normative act establishes quotas for the employment of foreign citizens in 2017 by areas of economic activity. For example, agricultural enterprises engaged in the cultivation of vegetables cannot employ foreigners in an amount greater than 50% of the total number of employees, and enterprises engaged in road freight transport - more than 30%.

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Employees of Trakt LLC were engaged in the transportation of oversized cargo across Russia. Quite often the company attracted foreigners. But during the next inspection, the inspector had claims against the organization. The company attracted foreign workers in excess of the quota - more than 30% of the workers were not Russian citizens - and did not properly process the hiring process. The leader faced serious sanctions.

As already mentioned, the conditions for hiring a foreign citizen are determined by his status. There are four such statuses established for foreign citizens. Let's define these statuses.

First. A foreigner permanently residing in Russia on the basis of a residence permit issued for a period of 5 years, which can be renewed many times, that is, as needed.

Second. Temporarily residing on the basis of a temporary residence permit issued for up to three years.

The third. Arrived from a country with which Russia has established visa regime temporarily staying on the basis of a visa.

Fourth. Came from the country with which it is installed visa-free regime temporarily staying in Russia.

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Features of hiring citizens of the CIS

Theme of the issue

The editors developed a calculator according to the methodology of the Ministry of Labor. He will calculate how many personnel officers the company needs in order to plan the staff and payroll for 2018. The Analytical report and the arguments of the chief rationing expert will help to convince the director

Conditions for hiring foreigners - citizens of the EAEU countries

Members of the Eurasian Economic Union (EAEU), in addition to Russia, are countries that were formerly union republics: Kazakhstan, Belarus, Armenia, and Kyrgyzstan. On the basis of the union agreement signed by these countries, their citizens, when employed in other EAEU member states, are not required to draw up any work permits.

So, for example, citizens of Armenia or Kazakhstan, before being hired in 2017, must either register at their place of residence (if they have the required package of documents), or register with migration at their place of residence within a week. Only under this condition will they subsequently be able to formalize labor relations on a general basis. When applying for a job, they will have to present the same package of documents. They don't just need a military ID.

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Documents when hiring a foreigner

The documents required by foreigners when applying for a job, depending on the status, are presented in the table.

Patent

Hiring a foreigner with a patent in 2017 has its own characteristics. The list of those documents that they will have to submit to the personnel department upon employment is presented in the table above. But the employer needs to take into account that starting from 2015, the hiring of citizens of the DPR, even temporarily staying, is carried out without the obligatory presentation of a patent in other cases. This category of applicants has the status of refugees and, in accordance with the law, should not buy a patent.

In addition, the list of documents when hiring a foreigner with a patent, with whom a civil law contract is concluded, is reduced - the party signing the agreement as an executor no longer needs to present a work book.

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Step-by-step instructions for hiring a foreigner

As for labor migrants - citizens of the countries that are members of the EAEU, the procedure for their employment is general. So, for example, when hiring citizens of Armenia and Kazakhstan in 2017 step-by-step instruction will consist of the following items:

1. Get from the applicant Required documents(except military ID);
2. Conclude an employment contract;
3. Issue a job order.
4. Notify the territorial migration authority about employment labor migrant within three working days after signing an employment contract with him.

The same applies to other foreign citizens of the EAEU countries who arrived from Belarus and Kyrgyzstan.

Note!

In order to get a job in Russia, citizens of the EAEU countries need to obtain a migration card; the quotas established for some areas of activity do not apply to them.

Certain difficulties for the employer are only the registration of labor relations with visa aliens and with visa-free - citizens of the CIS countries that are not included in the EAEU.