Hire a Ukrainian with an internal passport. Hiring Ukrainians with temporary asylum status
As a rule, foreigners in Russia need to obtain a work permit in order to start working. But it gives more freedom in this matter. There are some peculiarities, but hiring is not much different from the bulk of employees.
Citizens of Ukraine who have received temporary asylum do not need to additionally obtain a work permit; it is automatically included in the received status. Employers also do not need to make any requests to hire foreign citizens. Just hiring another employee, without any quotas or extra paperwork.
The civil passport is confiscated upon receipt of status and is stored in the department of the Federal Migration Service, therefore the identity is confirmed by a certificate of temporary asylum. On the territory of Russia it will serve as a passport.
However, hiring people with temporary asylum requires the employer to have certain knowledge of the law. Temporary asylum is a special status; no additional papers are required from Ukrainians for work; there is no need to notify the Federal Migration Service about their employment. But it is necessary to send a notification to the tax service that the workplace a citizen of another country has been accepted. Although the collection of taxes itself does not change.
Employers should also familiarize themselves with the list of vacancies for which it is prohibited to accept foreign citizens, including Ukrainians. So foreigners cannot be hired to work in pharmacies. In addition, foreign labor cannot be used for trading outside a store pavilion; this applies to both open trays and tents.
Required documents
With the status of temporary asylum, the right to work is also acquired. At the same time, for citizens of Ukraine there are no special restrictions on positions held. The advantage, compared to visitors from other countries, is that there is no language barrier. When applying for a job, the following documents are required:
- Identity card, in this case it is a certificate of temporary asylum.
- Medical commission, if required by the labor code, some companies independently pay for medical examinations for their employees.
- Employment history. If a person gets a job in Russia for the first time, it must be registered by the employer.
- To confirm qualifications, the employee must provide documents on education. According to the agreement between Russia and Ukraine, diplomas and academic degrees obtained on the territory of Ukraine are considered equivalent to their Russian counterparts. As for people who have received temporary asylum, work experience gained in their home country can also be taken into account. It happens that the country was left in a hurry, and the documents were left at home. In such cases, they often go to a meeting and reveal their qualifications at an interview or during a probationary period.
- Certificate of no criminal record. It is not required everywhere, only in those places where it is prohibited to hire people with a criminal record or criminal prosecution. The certificate can be obtained from any regional department of the Ministry of Internal Affairs.
- If the term of the employment contract is more than 6 months, a certificate of compulsory pension insurance is issued to the employee. For contracts of less than six months this is not necessary.
A TIN certificate is not required for employment.
Labor taxes
Like other Russian workers, all those granted temporary asylum also pay taxes.
Insurance contributions to the pension fund
From salary foreign workers insurance pension contributions are also withheld, the amount of these contributions is the same as for Russian citizens. Pension contributions are not made if the term of the contract or employment contract is less than 6 months. 
Compulsory health insurance
By law, all those granted temporary asylum have the right to free medical care, which means they are subject to compulsory health insurance. Salary payments, accordingly, are also taxed in favor of insurance premiums.
Social Insurance Fund
As part of social insurance, Ukrainians who have received asylum are entitled to all social benefits, just like Russian citizens, therefore, when they get a job, this tax is withdrawn from their earnings. In case of maternity leave or temporary disability due to illness, they may also qualify for benefits.
Each employment contract stipulates insurance against work-related injuries and illnesses related to the profession. In accordance with these clauses of the agreement, the Social Insurance Fund tax from work-related injuries is also withheld from wages.
Personal income tax
Personal income tax is withheld from the salary of every employee in Russia. The standard rate is 13%, but foreign citizens working in Russia are charged 30% for 183 days.
Since 2014, all Ukrainians who have received temporary asylum status are immediately treated as tax residents. This means that income tax is levied immediately at 13%, which is a big advantage.
How to find a job
Citizens of Ukraine, especially qualified specialists, can easily. Hiring citizens with a certificate of temporary asylum does not require additional permits from the employer. There are also no quotas for hiring such workers.
If you have time, you can start looking for a job on your own. The job search procedure is the same in all countries: search for a suitable vacancy, call, interview. Moreover, a work permit is not required, which means there will be no extra costs or paperwork.
When you don’t have your own means of subsistence, and finding a job becomes a matter of survival, it is reasonable to contact the employment center. Foreign citizens are not entitled to benefits, but you can quickly get a list of available vacancies and get at least a temporary, albeit not very desirable, job.
Recently, more and more Ukrainians are going to work in the Russian Federation. What are the reasons for this phenomenon? What kind of work is there for citizens of Ukraine and how to correctly prepare all the documents for carrying out work activities? These and many other questions will be answered below.
Status of a citizen of Ukraine in Russia
As is known, foreign citizens can be in the territory Russian Federation under different statuses. Thus, the same Ukrainians are able to stay in Russia as representatives of the following social groups:
- persons temporarily staying in the country (the limit here is three months maximum);
- persons temporarily residing in the country (for this, an appropriate permit must also be issued for a period of up to three years);
- persons permanently residing in the country (for this you need a so-called residence permit - a document that allows you to stay in the country for up to five years or more).
Employment of citizens of Ukraine is possible for each representative of the above groups. Ukrainians, unlike many other foreigners, may not receive a visa to enter Russia (however, the Ukrainian authorities are considering abolishing the visa-free regime).
Required documents
Hiring Ukrainian citizens is regulated by the Russian Labor Code and Federal Law No. 115 of July 25, 2002. According to these, as well as some other regulations, Ukrainian residents Those arriving in Russia are required to submit the following documents to the employer:
- Passport or any other identification document.
- Migration card with special notes from border guards.
- Excerpt from the notice of migration registration. The sheet should contain notes from the Federal Migration Service. If the Ukrainian does not have such a sheet at all, then the employer must register the person within three days.
- Employment history.
- Appropriate permission to carry out work activities.
- A document confirming the presence of certain knowledge, qualifications, existing education, etc.
- (sometimes not needed at all enterprises).
Naturally, a work permit cannot be issued to Ukrainian citizens if they only have the above documents. Many employers also require some other types of documentation - it all depends on the type of enterprise where the citizen plans to work.
Obtaining a patent
Official registration of Ukrainian citizens for work in the Russian Federation will be impossible without providing the employer with a so-called patent. A patent is a special document that allows foreigners to carry out labor activities in Russia without an entry visa. In this case, the patent will be valid only in the region where it was directly obtained. So how do you get a patent? 
Any Ukrainian arriving in the country to work must indicate the word “work” on the migration card when entering Russia. Next, you need to register at the local migration service office. This must be done as soon as possible (for Ukrainians the period is 90 days), otherwise the authority may impose a considerable fine. The patent itself will be received within a month at the nearest branch of the migration department (formerly the FMS). The patent is valid for no more than a month.
Thus, work in Russia is provided to Ukrainian citizens only if they have official permission - a patent.
Responsibility for violation of migration legislation
Hiring citizens of Ukraine, preparing various documentation, contacting the relevant authorities - all this is the sphere migration policy. Any violation here will be punishable by administrative liability. What specific offenses and types of violations are worth highlighting here? Here are just some examples:
What punishment can follow for this kind of violation? Russian legislation provides for a fine of up to 7 thousand rubles, as well as the possibility of deportation from the state with a ban on further entry. Jobs for Ukrainian citizens who commit offenses may also be lost.
Features of registration
A Ukrainian citizen can be hired only if the latter is registered. Registration must be done within three days from the moment of crossing the border. A Ukrainian needs to contact the migration department with the following package of documents:
- Ukrainian passport;
- migration card;
- power of attorney to carry out actions to register a person for migration registration by the employer;
- documentation confirming ownership.
Employer's actions
Any employer can hire a citizen of Ukraine. The admission procedure is standard and practically no different from the employment of Russian citizens. However, if a Ukrainian gets a job for the first time, he will need to transfer information to the Pension Fund and register a SNILS. 
Many employers refuse to hire Ukrainians at all. They justify this with words like “we don’t register a citizen of Ukraine for work, because it’s hard and tedious, it’s necessary to submit a lot of papers to the authorities.” This is, of course, the wrong approach. There are very few papers here, and they can be sent by registered mail. What documents exactly need to be completed? More on this later.
Notification to government agencies
The total number of papers that must be submitted to government agencies varies depending on whether the employer is a legal entity or an individual. So, if the head of the enterprise is a legal entity, then the authorities will have to submit:
If the employer is an individual, that is, an individual entrepreneur, then you will have to provide all the same documents, as well as:
- documents confirming the agreement with a foreign partner on the employment of a Ukrainian citizen;
- a receipt for payment of a state fee of 3 thousand rubles for each employed citizen.
What about refugees? Is there any special hiring procedure for them? More on this later.
About the employment of refugees
Work for Ukrainian citizens with refugee status is regulated by the Federal Law “On Refugees” of 1993. It is immediately worth noting that, according to this bill, no special employment rules are established. Both refugees and ordinary Ukrainian citizens are hired according to the same procedure. In particular, persons with refugee status must register with the Pension Fund of the Russian Federation, submit information about themselves to the tax service and contact the Employment Center. 
However, there are still some differences: there is no need to pay a state fee, as well as the needlessness of transferring information about a Ukrainian partner enterprise to the migration department (it is unlikely that a Ukrainian refugee can come to Russia on behalf of any company to exchange professional experience).
Algorithm of actions
Migration Department employees compiled for Ukrainians detailed instructions, allowing you to officially find a job in Russia. Thus, hiring Ukrainian citizens will be possible only after applicants have completed the following stages:
It should be noted that citizens of any countries with which a visa-free regime has been established can follow such instructions.
In fact, the document is a substitute for the qualities of the person applying. The official unconsciously forms feelings about the signatory who wrote his arguments by studying the document and its meaning. In places where the answer is formed from a mental decision it happens to be critically influential. It costs a significant investment to create a worthwhile template in a law firm. The reason is labor that requires experience.
Hiring a refugee
Current legislation allows the employment of persons who have a refugee certificate or a temporary certificate of such status. These documents should be sufficient, since they are issued in exchange for a personal passport, which is temporarily deposited with the Migration Service. Accordingly, such an employee is not required to obtain a work permit. In order to first obtain a certificate, and then a certificate (obtain status), a citizen has to submit an application to any body of the Federal Migration Service. The procedure for considering such applications and issuing the corresponding certificates are carried out in accordance with Decree of the Government of the Russian Federation No. 356 of May 10, 2011.
As for any prohibitions and restrictions when hiring refugees, they relate only to strictly limited areas of activity, for example, the military industry.
A complete list of restrictions can be found in Decree of the Government of the Russian Federation No. 755 of October 11, 2002. In general, the laws of the Russian Federation oblige to assist refugees in both employment and vocational training on an equal basis with Russian citizens.
Employment of Ukrainian refugees
The majority of Ukrainian citizens who have recently arrived on the territory of the Russian Federation are seeking to obtain refugee status, which allows them to freely and officially get a job in Russia. How to temporarily employ a person with a refugee certificate? What contributions must be paid on a refugee’s income, and how to calculate personal income tax?
Hiring a refugee
Current legislation allows the employment of persons who have a refugee certificate or a temporary certificate of such status. These documents should be sufficient, since they are issued in exchange for a personal passport, which is temporarily deposited with the Migration Service. Accordingly, such an employee is not required to obtain a work permit.
In order to first obtain a certificate, and then a certificate (obtain status), a citizen has to submit an application to any body of the Federal Migration Service. The procedure for considering such applications and issuing the corresponding certificates are carried out in accordance with Decree of the Government of the Russian Federation No. 356 of May 10, 2011.
At the same time, in order to verify the qualifications of an employee hired for a position requiring special knowledge, the employer may request a document on receipt of education. In addition, there are a number of positions that additionally require the presentation of a certificate of no criminal record. Note that this applies not only to refugees, but also to Russian citizens, for example, those hired as children's educators.
As for any prohibitions and restrictions when hiring refugees, they relate only to strictly limited areas of activity, for example, the military industry. A complete list of restrictions can be found in Decree of the Government of the Russian Federation No. 755 of October 11, 2002. In general, the laws of the Russian Federation oblige to assist refugees in both employment and vocational training on an equal basis with Russian citizens.
On payment of insurance premiums and personal income tax
Those wishing to hire a Ukrainian refugee need to know the specifics of paying taxes and contributions on their income. So, in this case, there will be a 30% personal income tax, which will decrease to 13% after the refugee is requalified as a resident of the Russian Federation. With regard to insurance contributions, there are no differences from usual practice: contributions to the Pension Fund, Social Insurance Fund and FFOMS should be calculated on a general basis. In a situation where the accepted employee has not yet received refugee status, the payment of contributions must be made as for a temporarily resident foreigner: only 22% to the Pension Fund.
How to register refugees and migrants for work?
In 2014 to Russia in large quantities Refugees and migrants began to arrive and turned to Russian entrepreneurs for employment purposes. We have prepared answers to the most popular questions on this topic.
What documents must refugees submit and how can they be recruited?
Two citizens of Ukraine applied for employment. One of them submitted documents to participate in the State Program for Voluntary Resettlement of Compatriots Living Abroad, and the second submitted documents to obtain temporary residence. Is it possible to accept them at the moment? employment contract?
In both cases, Ukrainian citizens can be hired taking into account the following features.
If, before the moment of employment, a citizen of Ukraine has already received refugee status (has a refugee certificate), it can be issued without a work permit. If such status has not been officially received, employment is carried out in accordance with the general procedure provided for temporarily staying visa-free foreign citizens. In this case, a citizen of Ukraine must obtain a work permit.
The same rule applies to migrants and citizens in the process of obtaining temporary residence. If a citizen of Ukraine has already received participant status State program voluntary resettlement (has a certificate of participation in this program) or a temporary residence permit, you can enter into an employment contract without hindrance. If you do not have the specified employment status, you will have to wait or start applying for a work permit.
Citizens of Ukraine arrive in Russia in a manner that does not require a visa (on the basis of a migration card), that is, they are visa-free foreigners. By general rule a foreign citizen can carry out labor activities in Russia if he has a work permit. But this procedure does not apply to certain categories of foreign citizens, which, for example, include:
Is it necessary to notify the employment service and migration service about the employment of Ukrainian citizens? What other agencies should be notified in this case?
It is necessary to notify the employment service and the Federal Migration Service of Russia (except for cases when citizens of Ukraine do not require a work permit). It is advisable to notify the tax office as well.
As a general rule, employers are required to notify the employment service and the territorial division of the FMS about the conclusion and termination of labor and civil contracts for the performance of work or provision of services with foreign workers, including citizens of Ukraine. The obligation to notify arises when the following conditions are simultaneously present:
Conclusion: the procedure for simultaneous notification of the territorial division of the Federal Migration Service of Russia and the employment service applies only to temporarily staying foreign citizens who arrived in Russia on a visa-free basis and have issued a work permit.
If a citizen of Ukraine belongs to categories that are not required to obtain a work permit, there is no need to notify the above departments about the conclusion (termination) of an employment (civil law) contract with him. For example, this is not required for:
Notify the employment service and migration service needed in the prescribed manner. It must be taken into account that there is liability for failure to notify (notification with violations) (see Parts 3-4 of Article 18.15 of the Code of Administrative Offenses of the Russian Federation).
Notifying the tax inspectorate about the employment of temporarily staying foreign citizens who arrived on a visa-free basis (including citizens of Ukraine) is a controversial issue. However, to avoid claims, it is recommended to notify the tax office.
Are Ukrainian educational documents presented by foreign citizens recognized in Russia without legalization?
Recognized without legalization.
With regard to documents on education, academic degrees and titles, the following international agreements apply between Russia and Ukraine:
These agreements recognize the mutual equivalence of educational documents obtained in these countries, without the procedure of legalization of education.
Do refugees from Ukraine have to present a criminal record certificate to their employer when applying for employment?
Must be presented if they are applying for a job to which persons who have or have had a criminal record, are or have been subject to criminal prosecution are not allowed (for example, teaching, work in the field of education, upbringing, development of minors, organizing their recreation and health, etc.) .p.) (for more details, see paragraph 7, part 1, article 65 of the Labor Code of the Russian Federation).
How to hire a refugee: registration features and legislative framework
Today, the problem of refugee employment is more pressing than ever. Many enterprises would be happy to accept dozens, and even hundreds, of additional workers, but they do not always understand how to register a refugee for work. On the one hand, to employ a foreign citizen, a special permit is required, on the other hand, refugees - migrants with a special status and, by law, have the right to work for hire and engage in entrepreneurial activity on an equal basis with citizens of the Russian Federation.
However, the difficulty is that for several months these persons may be in a “limbo” state - in an uncertain legal status, accordingly, and it is problematic for them to find employment at this time. New law N 127-ФЗ dated May 5. 2014 amending Law No. 115-FZ on foreign citizens, is intended to simplify the procedure for legalizing refugees as much as possible. The adoption of this law and the introduction of accelerated acquisition of refugee status and registration of citizenship were caused by the difficult foreign policy situation and an unprecedented influx of forced migrants from the south-eastern regions of “independent” Ukraine. Accordingly, for many Russian employers in 2014, the question of how to hire a refugee from Ukraine became acute.
Grounds for the stay of refugees on the territory of the Russian Federation
The procedure for employing a migrant depends on the legal basis on which he is located on the territory of the Russian Federation. Traditionally, all foreign citizens from neighboring countries who crossed the border of our country due to the difficult humanitarian situation in their homeland are called refugees. However, this is not entirely true.
To recognize a foreigner as a refugee, he must go through an established bureaucratic procedure, which takes some time, usually 3-6 months. In addition, not all migrants seek to “legalize”, hoping to “sit out” the difficult time with relatives or in temporary accommodation centers, and return to their native lands at the first opportunity.
Thus, a foreign citizen who fled to us from his country may be in the following statuses:
How do these statuses differ and how do they affect employment procedures? Having arrived on the territory of Russia, a migrant must decide in what capacity he plans to stay here. You can temporarily stay in the country for 90 days using a migration card, and then you need to either travel abroad or submit documents to the Federal Migration Service to obtain one or another status.
As for Ukrainian citizens, many of them choose the option of temporary stay, counting on a quick return home. In this case, it is impossible to find a legal job without special permission, but having received the go-ahead for employment from the migration services and having concluded an employment contract with the employer, migration card can be extended for a year.
Those who plan to stay and finally settle in Russia try to submit an application to the migration authorities as early as possible in order to obtain official status and the corresponding rights. Thus, refugee status makes it possible to get a job without any additional permits or quotas, to have social benefits and a pension from the state.
Receive temporary asylum instead of refugee status – a good option for those who do not plan to stay in Russia for a long time. In this case, the migrant hands over his passport to the migration service in exchange for a certificate of temporary residence in the Russian Federation, which gives him the right to freely find a job and, if necessary, receive medical care. Such permission is usually issued for a year, but if circumstances do not allow the foreigner to return to his homeland, temporary asylum can be extended.
Conditions for hiring refugees and internally displaced persons
The easiest way for an employer to hire an employee with refugee status. A refugee’s “credentials” give the same rights to employment as anyone else Russian citizen. The exception is vacancies that a foreigner cannot occupy according to Law No. 115-FZ “On legal status foreign citizens in the Russian Federation” (Article 14). These include:
The problem of how to employ a refugee who has received temporary or political asylum is solved in a similar way: such migrants do not require permission to formalize an employment contract with a legal or private person. At the same time, the employer does not have to notify the migration service, the employment center and the Federal Tax Service about the arrival of such an employee at the enterprise.
But there is one nuance here - all these opportunities are provided to the migrant only when he officially acquires refugee status. The fastest way to obtain it is to put a mark in the “purpose of visit” column on your migration card when crossing the border - refugee, and upon arrival on Russian territory immediately contact the citizenship department of the FMS.
Papers that you need to have with you: passport, birth certificates of children, additional documents confirming education, work experience, etc. It is advisable that all documents be translated into Russian. In addition, the application process includes photographing and fingerprinting.
Due to the massive influx of applicants, migration services are overcrowded with displaced people, but it’s still worth hanging in line and filing an application, because official refugee status provides a lot of advantages:
The catch is that after filing an application, you can wait quite a long time for a refugee passport to be issued, and in the meantime you need to live on something. This is where the problem with finding and officially getting a job arises.
Employment options for refugees without status
What employment options can a displaced person consider?
- Obtain a work permit (for employment by a legal entity or individual entrepreneur) or a patent (for legal work from a private individual), for which you should contact the migration service. The absence of documents permitting work on the territory of the Russian Federation is punishable by a fine of 2–5 thousand rubles. and deportation outside the country.
- Obtain a temporary residence permit for up to 3 years. The Federal Migration Service assigns this status to to a foreign citizen according to his statement, if at the place of the migrant’s application there are free quotas issued to different regions depending on the demographic and economic situation in the subject of the Federation. Having a temporary residence permit gives you the right to work without obtaining a work permit.
- Russian-speaking citizens living in the post-Soviet space may not apply for refugee status, but rather apply for participation in the resettlement program for compatriots. This program provides a number of benefits and allowances, assistance in relocating to a chosen region and assistance in finding employment. In the shortest possible time (up to 3 months), such a refugee receives Russian citizenship, and with it all rights in full.
- Since June 2014, the procedure for obtaining citizenship for refugees who are native speakers of Russian has been simplified. To do this, you do not need to live in Russia for 5 years, but you need to renounce the passport of your former homeland, prove that during the times of the USSR the family lived on its territory and pass a Russian language exam.
Hiring refugees without status
For people who have fled from their country to their neighbors, the host country, as a rule, creates normal living conditions: provides a roof over their head, food, clothing and other necessary goods. However, many prefer not to sit idly by being dependent on the state that has sheltered them, but from the first day they are looking for opportunities to independently support themselves and their family. Moreover, prompt employment will help forced migrants quickly adapt to a new society, in unusual conditions.
What are the actions of a potential employer in this case, how can he hire a refugee from Ukraine and any other country if the legal status of this person has not yet been determined?
In such a situation, it is necessary to follow the procedure provided for applying for a job to foreign citizens:
1. An organization or individual entrepreneur cannot employ migrants without special permission to do so. To begin with, the employer should contact the local employment center and justify the need for a foreign labor force and receive imprisonment for a period of 1 year. With this document, go to law enforcement agencies, additionally completing:
If law enforcement agencies have no claims to the documents and no grounds for refusal, then a permit is issued for each of the foreign workers accepted. The future employee must be familiarized with the received document upon signature.
2. A candidate for employment must have a work permit, which he independently obtains from the Federal Migration Service by submitting an application and attaching a passport (with a notarized translation), a migration card with a border crossing mark and 2 photographs. Before submitting your application you will need to go through medical examination for drug addiction, infectious diseases and HIV status, and present the certificate to migration officers. A state fee is also charged for obtaining a permit. A plastic card giving the right to employment in a specific region is valid for 1 year. To work with individual It is enough to issue a patent for 1–3 months - it does not require a medical examination.
An employer can take upon himself the issuance of a permit for a forced migrant, but upon dismissal of such an employee he must notify the migration service, that is, in this case the person will lose the right to work and will be forced to apply for it again.
3. A standard employment contract is concluded with the employee. To do this, the refugee presents a passport, education diploma, work book, if he has previously worked for Russian employers.
The legality of a potential employee’s presence on the territory of the Russian Federation must be checked. He must have:
When preparing documents, you should pay attention to an important nuance: the work permit is valid for 1 year, and its expiration, according to labor legislation, is not grounds for dismissal of an employee at the initiative of the employer. To avoid misunderstandings, it is necessary to employ refugees who have not received official status under a fixed-term employment contract: the termination date of the contract must correspond to the period of the existing permit.
