Employment of a citizen of Ukraine: documents, employment rules

Legal employment of foreigners is a big problem for all companies. Most do not even know what documents need to be drawn up in order to hire a foreigner. Therefore, they try to get around the difficulties and hire illegal immigrants. This is always a very dangerous choice, and at any moment the firm can suffer damages for breaking the law, paying a huge fine.

To understand how to hire a citizen of Ukraine, you need to familiarize yourself with the sequential steps of registration.

Determining the status of a citizen of another country

The status of a foreign worker depends on his employment. There are three statuses:

1. Temporary stay is work on an open visa or on a migration card.
2. Temporary residence - these are people who have a temporary residence permit in the country.
3. Permanent residence is citizens of another country who have a residence permit in a foreign country.

Necessary documents for signing an employment contract

When registering a foreigner, the employer must write to the Ministry of Internal Affairs a notice of employment of a citizen of Ukraine or citizens of other countries. This notification is necessary for the authorities involved in the control of migrants and their stay on the territory of the country. You need to notify the Ministry of Internal Affairs within 7 days from the date of crossing the border. Such a notification must be issued for each migrant using a special form.

The package of documents for applying for a job of a foreigner and Russian citizens are similar. Newly arrived employees must present documents:

• identification;
• visa, migration card, patent or work permit in a foreign country;
• employment history;
• state pension insurance (if the employee does not have such insurance, the employer is obliged to arrange it);
• medical insurance in a foreign country (this insurance is necessary if the company does not have an agreement with a medical organization for the provision of medical services);
• diplomas confirming the qualifications and special knowledge of the employee.

The rules for hiring citizens of Ukraine or other foreigners do not require documents from the military registration and enlistment office.

To conclude a civil law contract (GPC), all of the above documents are required, except for the work book. When the employment contract and the GPC contract is over, within 3 days it is necessary to notify the Ministry of Internal Affairs about this.

What taxes should be paid on the salary of citizens of another country

Depending on the status of a foreigner, certain tax payments are made. Payroll deduction options:

• for employees who have the status of temporary residents or permanent residents, wages are taxed on pension, social and medical insurance at the coefficient of organizations;
• for employees with temporary residence status, taxes are levied only on pension insurance according to the coefficient of the organization, as well as 1.8% on temporary disability; health insurance premiums are not paid or accrued.

If a resident of another country stays in Russia for 183 days during the year, then he is a resident, and 13% of personal income tax will be calculated from his salary. If less than 183 days, then personal income tax in the amount of 30% will be deducted from the salary.

What to check when applying for a migrant job

Usually residents of the former CIS get jobs in Russian companies. Employment of a citizen of Ukraine or other residents of the CIS requires a package of documents:

1. If a permanent resident migrant is employed, the employer must request a residence permit from him. Such a document is issued for 5 years with the possibility of extension. With a residence permit, you can work in all cities of the Russian Federation.
2. Without a patent and permission, migrants with temporary residence status can find a job. But according to the law, they have the right to work only in the region where they received temporary residence. This is a stamp in the passport with a period of 3 years. After graduation, the migrant can apply for a residence permit or leave the country. Employment of a citizen of Ukraine with the status of temporary residence occurs according to the scheme, as well as the registration of a Russian citizen.

Registration of an employment contract for migrants without visas, with the status of temporary residents in the territory of the Russian Federation

Since 2015, in Russia, migrants who do not have visas have been registered for work on the basis of a patent. It can be issued for a minimum of 1 month, and a maximum of a year.

In order to issue it, it is necessary to submit an application to the Ministry of Internal Affairs within a month from the date of crossing the border. A migrant needs to have a passport, a certificate confirming the understanding of the Russian language, as well as a certificate of knowledge of the laws and history of the Russian Federation.

Employment of citizens of Ukraine with a patent

In order for a Ukrainian to legally find a job in a Russian company or firm, he needs a patent. It makes it possible to find a job on the territory of the Russian Federation without a visa, but is valid only in the region where it was received.

Documents and deadlines

A Ukrainian can obtain a patent by writing an application to the FMS and submitting fingerprints. The following documents must be attached to the application:

• Ukrainian passport;
• medical insurance;
• migration card;
• a document that confirms knowledge of the Russian language.

If a patent application is not filed within 1 month, the employee will have to pay a fine for violation. Then, in case of late submission of documents, it is also necessary to provide a check for payment of the fine.

After the experts verify all the submitted documents for authenticity, a patent is issued and issued to a Ukrainian. For residents of Ukraine, the validity of such a document does not exceed 12 months.

Registration of an employment contract for migrants with a visa and with the status of temporary residents in the territory of the Russian Federation

It takes more time to process a migrant with a visa and temporary residence status. For this employer, you need to collect a large package of documents.

In order to accept foreigners with a visa and temporary residence, the company must have a permit for the employment of foreign employees. Such a permit is issued for 12 months, and it can be issued at the Ministry of Internal Affairs. The terms for issuing a permit are up to 30 days. Also, the employer will have to pay a state duty for each foreign employee in the amount of 10 thousand rubles.

After the company receives a work permit, it is necessary to make invitations. This document is required to obtain a visa and to obtain a work permit in another state. Registration takes place in the migration service. Required documents:

• The petition is in Russian.
• Migrant passport plus a copy.
• Letter of guarantee from the employer. In this letter, the company assumes all expenses for medicine and accommodation of the migrant in the territory of the Russian Federation.
• Work permit. When applying for a permit, you must pay a tax in the amount of 3,500 rubles.

Within 20 days after filing the application, you will receive a notification of permission and an invitation to work or refusal. Usually a visa is issued for the period specified in the employment contract, but not more than 12 months.

Employment of refugees from Ukraine

Refugees are persons who, due to fear for their lives, are forced to seek asylum and protection in another country. They are not citizens of the Russian Federation. To confirm their status in another country, they are issued a certificate. But even with him, Ukrainians are foreign nationals in the Russian Federation. According to Russian law, firms that want to employ a migrant must have a permit.

What are the features of hiring citizens of Ukraine with the status of refugees? This law does not apply to citizens who have been recognized as refugees. They receive temporary asylum in Russia and can be employed in any firm or company without obtaining a permit. That is, such employment of a citizen of Ukraine is possible until the refugee status is lost.

Necessary documents for concluding an employment contract

Documents when hiring citizens of Ukraine with refugee status must comply with Art. 65 of the Labor Code of Russia. Their list is as follows:

1. Identification. Since the refugee does not have such a document, he must present his certificate, which confirms his status and identity.
2. Employment history. When a refugee is hired, the employer is obliged to issue a new work book.
3. Insurance certificate of pension insurance. It is issued by the employer if the refugee does not have one.
4. Document from the military registration and enlistment office. Employment in Russia of citizens of Ukraine does not require this document.
5. Documents confirming higher education and qualifications.
6. Certificate of good conduct. The procedure for hiring citizens of Ukraine obliges them to present a certificate of the presence or absence of a criminal record, as well as the fact of criminal prosecution or its termination. Such a document can be obtained from the Main Information and Analytical Center of the Ministry of Internal Affairs.

Refugees and their involvement in production

In order to attract Ukrainian refugees to work, it is necessary to sign a contract with them. This may be a civil law or employment contract.

Each agreement has its positive and negative sides. According to the Labor Code of Russia, employees who are employed under an employment contract have the right to vacation, monetary compensation for hazardous work, etc. Also, if an employment contract is concluded for a certain period, the employer will need to explain to the state body the reason for such registration and the reason for the urgency.

If a civil law contract is signed, then in order to perform certain work, the employer is not required to comply with the TOR. Regulation of relations under such an agreement takes place on the basis of civil law.
Notification of the FMS about the employment or dismissal of citizens of Ukraine is mandatory.

Notification to the Federal Migration Service about the employment of a migrant

It is mandatory to inform the Federal Migration Service about the employment of a migrant. Employment of citizens of Ukraine obliges the employer to act in accordance with Federal Law No. 115. It states that each of the parties (employer and foreigner) must submit a notification to the FMS. The employer must notify the FMS if:

• a civil law or labor contract has been concluded with a foreigner;
• if the contract has been terminated;

A notice of termination of an agreement with an employee of another state can be sent to the Federal Migration Service if:

• the employee quits on his own;
• if the employee has expired the term of the contract and the period for permitting the performance of work;
• if the employee has disappeared and does not return to work.

In this case, it is necessary to send a notice of early termination of the contract to the FMS.

Notice of signing or termination of the contract is required to be submitted for each migration officer separately. A citizen of another state is obliged to notify the FMS about employment within 60 days from the date of signing the agreement.

Citizens of Ukraine: recruitment (2017)

In order for Ukrainians to easily get a job in Russian companies, the migration service has simplified the algorithm of actions.

Citizens of Ukraine (recruitment in 2017 in the Russian Federation) must complete the following steps:

1. Cross the border.
2. Migration card. When filling out the migration card, indicate your purpose of stay (employment).
3. Register with the FMS (within 3 months).
4. Get a medical policy.
5. Pass a medical examination.
6. Submit a certificate of knowledge and proficiency in Russian.
7. Apply to the migration service for a patent for work.
8. Upon receipt of a patent, pay for it (an unpaid patent is invalid).
9. Sign a contract with an employer.
10. Take a copy of the contract to the migration service.

Only after completing all the points, you can easily get a job in a Russian company.