Necessary Documents for the foreign citizen employment

Necessary Documents for the foreign citizen employment
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Passport (other identification document) In the identification document name, surname (patronymic) are listed most often not in Cyrillic but in Latin alphabet, or otherwise. (ст. 18.15 КоАП РФ). Therefore, in order to avoid incorrect interpretation one should demand line-by-line translation from a foreigner. Moreover, in order to write correctly name and surname of a foreigner during concluding of the labor contract or during execution of a document one can use data of work permission and a licence in which a worker name is written in the Russian language (Annex 3 to the Order of the Federal Migration Service of Russia on December 25, 2006 , the number 3F70). In case of discrepancy of the name of a foreigner employee in the work permission or in a licence and the labor contract, FMS agiencies of Russia can regard such different interpretation as involvement of the foreigner to work without the relevant authorization document and to bring an employer to administrative responsibility.
Labor contract To write a position in accordance with a position that is stated in permission for work or in a licence, if one decides to specify positions in the licence (Sec. 4.2 Art. 13, para. 16, Art. 13.3 of the Law № 115- FL). During the conclusion of the additional agreement with a foreigner to the labor contract ( if it became known about the changes in the data of the visa or visa of a foreigner) one has to notify the FMS of Russia within three working days (p. 42 of the Rules approved by the RF Government Decree of January 15, 2007 № 9).
Clock-out records It will help to prove that an employer follows work and rest schedule of foreign employees (Art. 91 of the Labour Code), for example - the duration of their leave. Thus, an employer must notify the authorities of the migration and employment about leave of foreigners who are full-time students in Russian universities without pay of more than a month for a year for (p. 18 of Art. 13.4 of the Law № 115-FL).
Staff schedule The document gives the right to establish the total number of employees in the organization, and in conjunction with their personal cards - the nationality of each of them. Thus, the Russian FMS inspectors will be able to identify whether an employer exceeds the statutory restrictions on foreign involvement in certain areas of economic activity or not (p. 5, Art. 18.1 of the Law № 115-FL).
The list of documents required for conclusion of employment agreement to work of foreigners who temporarily stay in the Russian Federation: - passport (other document of identification) - migration card and visa (for foreign citizens who arrived with visa) - licence - degree certificate and (or) qualification certificate translated into Russian and notarized at Russian Embrassy.
The list of documents required for conclusion of employment agreement to work of foreigners who are temporarily leave in the Russian Federation: - passport (other document of identification) - visa - document of residence - labor book (Russian) - degree certificate - state pension insurance certificate It should be noted that the contract with a foreign employee may be concluded for a period of one year because only during this period an employer has permission to hire foreign workers.
The list of documents required for conclusion of employment agreement to work of foreigners who are permanently leave in the Russian Federation: According to the article 2 Law No. 115 – Federal Law A foreign citizen who is permanently living in the Russian Federation is the person who received residence permit. - The residence permit is the document given to a foreign citizen or a stateless person in confirmation of their right for continuous residence in the Russian Federation, and also their rights for free departure from the Russian Federation, and entry into the Russian Federation Documents necessary for an execution of an employment agreement: - the passport (other document of identification) - labour book (Russian) - degree certificate - State pension insurance certificate
Peculiarities of registration of a highly qualified specialist. In accordance with Article 13.2. Law № 115 - FL: A highly qualified specialist - is a foreign citizen or stateless person who has received a work permission. The procedure for the definition of "highly qualified" Law № 115 - FL, in fact, is not relates to the amount of the wage salary that an employer is willing to pay such an employee, namely: - A specialist invited by Russian commercial organizations in paragraph 3 of Article pp.1.p.5. 13.2. Law № 115 - FL organizations received a document on the state accreditation least 167 000 per calendar month (Law № 56 - FZ of 08.03.2015) Registration of a highly qualified specialist has several features: 1) An employer shall assess on their own competencies and qualifications, which they wish to attract as highly qualified specialists 2) An should make an invitation for entry into the Russian Federation and work permission for a highly qualified specialists (if the foreigner comes to Russia with visa) and work permission (if a foreigner arrives in Russia without a visa). For this purpose, an employer brings the following documents in the territorial body of the FMS of Russia: - Request for attracting highly qualified specialist; - Labor contract concluded with him - the written obligation to pay (to refund) the expenses connected with possible exclusion of the involved expert out of borders of the Russian Federation or his deportation - Receipt of payment of the fee for issuing a work permit in the amount of 2,000 rubles for each employee.




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