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Employment of citizens of Kyrgyzstan in Russia - rules and procedure for the procedure

After agreements were reached between the two states - Russia and Kyrgyzstan on cooperation in the labor, industrial and production spheres of activity, the domestic personnel market of vacancies became especially attractive for migrants from this country. How their employment takes place in practice is the subject of today's article.

Basic information about the labor activity of foreign citizens in Russia

The labor activity of non-residents who arrived in the Russian Federation in search of a decent job must be legalized - this is what the law says. This act is confirmed by the availability of relevant documents - a patent or a work permit. For neglecting this rule, responsibility is provided, which falls both directly on the violator himself, and on the person who accepted such an employee on the staff.

Conditions for admission of citizens of Kyrgyzstan in 2018

The requirements imposed by legal norms on this category of migrants are quite loyal. Citizens of Kyrgyzstan who plan to live and work in Russia must:

legally cross the state border;
get on the migration register;
get temporary registration;
have evidence of their legal presence in Russia;
prepare all the extracts and certificates necessary for registration for work, without the presence of which it is impossible to further draw up an employment contract.

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

The dynamics of registration of Kyrgyz is as close as possible to the admission of Russian applicants for a position and is as follows:

the head carefully studies the regulatory documents on this issue;
requests from the applicant for the position a list of papers required for registration. It is advisable to duplicate them by making copies;
checks their authenticity and compliance with the stated requirements;
if the applicant does not yet have SNILS, he takes on the responsibility of obtaining it;
prepares an employment contract;
discusses with the candidate all the nuances of the contract;
signs a contract;
notifies the migration department of the signing of contractual obligations with a non-resident.

What documents will the Kyrgyz need for employment in the Russian Federation?

The process of hiring a new employee must be carried out in accordance with the current Labor legislation of the Russian Federation, the basic requirement of which is the conclusion of bilateral contractual obligations between the employee and the receiving party.

To prepare such a document, a candidate for a vacancy will need to provide the following papers:

passport of Kyrgyzstan - in its absence, any document capable of conducting personal identification of a person;
work book - if it is not there, the form will be issued to a new employee upon exit - on the first working day;
diplomas of education;
medical policy of voluntary life and health insurance.

Do you need a patent to work?

According to the bilateral agreements between Russia and Kyrgyzstan, reached in 2016, the acquisition of a patent for employment in the Russian Federation is not required. The same applies to special permission. This group of persons has the right to work under the same conditions as the local population.

How to fill out an employment contract with a citizen of Kyrgyzstan?

For a document to be valid, it must be correctly and correctly completed. The contract can be concluded both temporarily and permanently. In the first option, upon mutual agreement with its terms, upon expiration, it can be extended.

In addition to the time frame, the following points should be reflected in the document:

full name of the hiring party;
indicate the type of activity of the new employee;
define bilateral duties and rights;
indicate the status of a person, and indicate which specific papers confirm his legal position in the Russian Federation;
prescribe the presence of an insurance policy;
at the end of the contract put the personal signatures of the hired person and the employer.

What an employer should know

The main thing that should be understood by the manager who decides to hire a Kyrgyz foreigner is that obtaining a special permit for this is no longer required. The procedure for enrolling such an employee is the same as for Russian citizens.

Conclusion of an employment contract

The process of concluding a contract is standard. At a preliminary interview, all controversial points are clarified and when the parties come to a mutual agreement, the paper is signed.

Note! The contract must be concluded before the employee starts work. On the same day, the enterprise issues an internal order or a written order to enroll a non-resident in the state.

Notification to the Migration Office

In accordance with the regulatory framework, the effect of which is relevant this year, the employer has three days to officially inform the FMS authorities about the fact of signing an employment contract with a foreign citizen who arrived from a country that is a member of the EAEU.

Note! This rule also applies to the procedure for dismissal of such employees.

Responsibility of Russian employers in relation to the citizens of Kyrgyzstan

For violation of labor and migration legislation, a measure of administrative influence is imposed on the head. What it will be depends on specific violations, the main of which are:

non-compliance with the deadlines for notifying the FMS structures;
employment of persons staying on the territory of the state illegally;
if a citizen of Kyrgyzstan does not have documents declared by law as mandatory for employment.

Reference! For employers with the status of an individual, a fine is provided in the range from 25 to 50 thousand Russian rubles. For legal entities, this amount is many times higher and can amount to 800,000 for each individual violation.

In case of more serious facts, a temporary deprivation of a license to carry out labor activities for up to three months is possible.

Are there any nuances regarding the citizens of Kyrgyzstan when applying for a job

The main feature of hiring this category of persons is the effect of a simplified registration scheme in relation to them. This rule is relevant for all representatives of the EAEU member states. Contractual relations between the Russian Federation and these countries give labor migrants the following preferences:

the quota, which is a fundamental principle when applying for a job in Russia, is not taken into account for visitors from Kyrgyzstan - any restrictions on the number of jobs have been removed;
there is no need to obtain permits, without which a foreigner automatically acquires the status of an illegal immigrant. In this situation, neither a patent nor special permission is needed;
a person accepting a new employee into the team is obliged to recognize all his diplomas of education without their special confirmation.

And one more feature - both the employee himself and his employer must understand that a 30% tax applies to all income items received. It is accrued from the first working day for a foreigner on the territory of the Russian Federation.

From this video you will learn what documents a foreigner needs for employment in the Russian Federation:

Conclusion

The employment of representatives of this state works according to a simplified scheme, but, nevertheless, it has some specifics of registration. The main requirement is the availability of the necessary documents. The employee is obliged to act in accordance with the migration legislation, and his manager clearly understands that by accepting illegal immigrants, he is at great risk and falls under administrative punishment.

Attention!

Due to changes in the legislation of the Russian Federation, the information in the article could be out of date! Our lawyer is ready to advise you free of charge - write a question in the form below: