Most of the low-paid work in Russia's big cities is performed by migrants from Tajikistan. For a long time, these workers were in the gray zone of the economy, without social protection. In this article you will learn how labor activity, or, more simply put, work, is carried out for citizens of Tajikistan, as well as the procedure for obtaining the necessary permits for this.
Conditions of employment for foreign citizens
Employment of migrants is always associated with bureaucratic costs, risks and additional taxes. A foreigner must obtain some permits on his own. The employer is obliged to check the availability of permits and register the employee with the territorial body of the Main Directorate for Migration Issues of the Ministry of Internal Affairs of the Russian Federation (GUVM MIA of the Russian Federation). The absence of permits and their delay threatens with large fines for both the employer and the migrant himself.
Step-by-step instructions for hiring citizens of Tajikistan include the following points:
- Employment of foreign citizens without special permission is prohibited by law. First, the entrepreneur must register as an employer of migrants, for which he needs to contact the department of the Main Department of Migration of the Ministry of Internal Affairs at the place of registration with a corresponding application.
- Checking whether the worker has the necessary documents and their validity period.
- Registration of an employee and signing of an employment contract. It is necessary to familiarize the newly hired employee with all the internal rules, get him a personal card and make an appropriate entry in the work book.
- An employee's migration registration and registration is carried out at the company's address.
- The employer sends a notification to the Main Directorate for Migration Affairs of the Ministry of Internal Affairs about concluding an agreement with a migrant. Notification must be provided within 3 days of signing the agreement.
- Timely payment of taxes and control over the validity period of worker’s permits.
Organization or private owners: who can employ a foreigner with a patent?
This point is spelled out in Part 1 of Article 13.3 of Federal Law-115 “On the Legal Status...”. This provision of the law states that working with a patent is possible if the employer is:
- entity;
- individual entrepreneur;
- individual.
That is, a visitor can work both in a company and for a private person, for example, as an au pair. In the second case, a civil contract for the provision of services is concluded.
Documents for employment
Working officially, the migrant receives health insurance and no longer has to worry about deportation to his homeland.
Employment of migrants poses difficulties for both parties, including the employer.
For official employment, a native of Tajikistan must prepare the following package of documents:
- international passport (photocopy);
- migration card;
- certificate of registration or temporary residence permit;
- tax payment receipt;
- SNILS;
- TIN;
- VHI policy.
Most often, difficulties arise when obtaining a temporary residence permit.
Hiring a citizen of Tajikistan with a residence permit is somewhat easier. An entrepreneur does not need to register him with the migration service - he just needs to conclude an employment contract and send a notification to the department of the Main Department of Migration of the Ministry of Internal Affairs.
Registration of a patent
To obtain a patent, a foreigner must submit a completed application along with the following documents to the territorial body of the Main Directorate for Migration Affairs of the Ministry of Internal Affairs:
- international passport;
- migration card;
- photograph 3x4 cm;
- VHI policy;
- conclusion on professional suitability;
- a document confirming successful passing of the Russian language exam.
Migration Department employees will consider the application within 10 days. The validity period of a patent ranges from 1 to 12 months. A foreign worker must pay a monthly tax, its amount depends on the region in which registration takes place.
Remember: a patent allows you to work only in the region in which you received it.
Hiring a citizen of Tajikistan with a patent is associated with a certain risk - the employer must check the validity period and date of issue of the patent: if more than two months have passed since its issuance, and the migrant has not gotten a job, the document is cancelled.
It is better to apply for a patent only after an oral agreement with the employer about future employment. Otherwise, there is a risk of paying tax and not finding a job within two months.
Conclusion on professional suitability
A conclusion on professional suitability is a medical confirmation of a foreigner’s suitability for the specified type of activity. By providing the employer with such a certificate, the migrant confirms that he has no medical contraindications or serious diseases that affect his work activity.
To draw up a conclusion, you need to take blood and urine tests, as well as undergo fluorography: a medical examination is carried out by several specialists: a therapist, a neurologist, a psychiatrist, a narcologist and a venereologist.
For women, it is also necessary to undergo an examination by a gynecologist, and after 40 years, an examination by a mammologist.
Conclusion of an employment contract
Speaking about how to register a Tajik for a job and what is necessary for this, it is worth saying that the law requires concluding an employment contract with the worker. The main condition for concluding an employment agreement is that the foreigner has all the necessary permits. The contract contains personal data in Russian, details of the patent and VHI policy, as well as information about working conditions. It is better to transcribe personal data from official documents in Russian, since confusion in transcription can lead to the cancellation of the contract.
Migration authorities must be notified about the conclusion and termination of an employment contract with a Tajik citizen.
What must a foreign citizen do if employed under a patent?
- To the employee
Six steps to obtain a patent to work in Russia: instructions for foreigners
- Elena Voropaeva
- 06.04.2021
And this relates to the frequent question about whether it is necessary to work officially if you have a patent. The law states that after receiving the document, a foreigner must appear at the migration office and bring a copy of his employment contract. This can be done without personal presence by sending a copy of the document by registered mail (Part 7 of Article 13.3 of Federal Law-115 “On the Legal Status...”). But the migration authorities themselves recommend bringing a copy in person. At the same time, the law rushes foreigners to find work. A copy of the employment or civil law contract must be provided within two months from the date the employment document was issued. If a citizen does not meet this deadline, the patent may be revoked.
Regions where migrants from Tajikistan prefer to live
According to unofficial data, the number of citizens from this Central Asian country in the Russian Federation exceeded two million people.
The main destinations of migrants are megacities - St. Petersburg, Yekaterinburg, Samara, Novosibirsk and, of course, the capital. More than 60% of Tajiks living in Russia work in Moscow and the region.
Most of them do not have special education, so the most popular areas of activity are construction, housing and communal services and trade. Finding jobs as construction workers as laborers, many acquire special skills and later engage in apartment renovations. In addition, in rural areas there is dacha work for Tajiks, which involves farming, tending a vegetable garden, etc.
Features of taxation
According to amendments made on November 24, 2014 to Articles 226 and 227.1 of the Tax Code of the Russian Federation, since 2015, every foreigner employed must pay a separate tax. Violations in this area can bring trouble not only to the foreign worker, but also to his employer.
According to the adopted amendments, all foreign workers - Tajiks, Uzbeks, etc. - are required to pay personal income tax.
Personal income tax is transferred in two stages:
- Advance payment at the beginning of the validity of the patent for the tax period (for personal income tax, the tax period is considered a calendar year) or for the period of validity of the permit (if the patent term is less than 12 months). The migrant is required to submit a declaration to the tax office at the place of work. Since 2015, the advance payment is 1,200 rubles per month. The size increases annually in accordance with the coefficient established by the Ministry of Economic Development.
- Payment of tax based on the results of the tax period. At the end of the year, the foreign worker must file an income tax return with the tax office and pay a 13% tax. If the amount of the previously paid advance exceeds the total amount of tax, then the resident has the right to submit an application requesting a refund of the overpayment.
Grounds for dismissal
A migrant can be fired for various reasons: absenteeism, professional inconsistencies, violations of discipline, or the employee’s independent desire. When a person resigns of his own free will, he is obliged to notify his superiors at least two weeks in advance, but if the initiator of the procedure is the employer, then he is obliged to document the reason for the dismissal.
Tajik labor migrants pay taxes and receive full social protection, so the employer cannot fire them at will.
To fire a foreign citizen in compliance with all legal norms, the employer needs to take several steps:
- issue an order in form T-8, notify the employee and obtain his signature. In case of refusal, put a mark on the document;
- make a calculation;
- make an appropriate entry in the work book and give it to the former employee;
- within 3 days after termination of the contract, notify the territorial unit of the Main Directorate for Migration Affairs of the Ministry of Internal Affairs and draw up the appropriate act.
Patent expiration is the main reason for the dismissal of migrants. In this case, the employer cannot fire the employee the next day, and therefore he will suspend him from work for a period of one month. During this period, the foreigner must renew his patent and sign an additional agreement with the employer.
What must an employer do if he hires an employee with a patent?
If a person with a patent is hired, the employer does not need to issue any permits . That is, the company/individual is not required to:
- issue a permit allowing the employment of foreigners;
- issue an invitation;
- make any other permits for the employment of foreigners.
But the employer is required to submit a notification to the Ministry of Internal Affairs that he has entered into a contract with a foreigner. And you need to do this procedure correctly so as not to face impressive fines.
Foreigners can work both in companies and individuals. Photo: unsplash.com
The notification procedure is described in Part 8 of Article 13 of Federal Law No. 115 “On the Legal Status...” , as well as Order of the Ministry of Internal Affairs of the Russian Federation No. 363 (Appendix No. 15).
Here are the basic rules for filing patent notice:
- The notification is submitted to the migration authorities of the Ministry of Internal Affairs - in the region where the foreign worker will work .
- Notification is given both in case of hiring a patent employee and in case of his dismissal . In this case, you need to go through the procedure regardless of the reason for the employee’s dismissal. A foreigner stopped going to work, left of his own free will, was laid off, or his patent expired - in all these and any other situations, notification is required.
- The procedure is given only 3 days from the moment the contract is signed . The countdown starts from the date following the conclusion of the contract. Working days are counted. For example, an agreement was drawn up and signed on Monday, June 1. This means that the notification must be provided before June 4 (Thursday) inclusive. Or the migrant was accepted into the state on Thursday, June 4, which means that you need to notify the Ministry of Internal Affairs about this before June 9 (Tuesday), inclusive, if Saturday and Sunday are days off at your Ministry of Internal Affairs department.
- The notification form must be current at the time of submission. The point is that forms change frequently, so make sure you fill out the correct form. You can pick up the form directly at the Ministry of Internal Affairs office.
- The form can be filled out by hand or on a computer . There should be no crossing outs or corrections. You can use abbreviations and abbreviations, but only official ones.
Notice of conclusion of an employment contract, 2021
Patent Notification Options
The regulations provide for several methods:
- A paper form is filled out and presented in person to the regional migration department.
- An electronic form is filled out and sent electronically by e-mail or through the State Services portal . Please note that only forms with an enhanced qualified electronic signature . Just a scanned document with a handwritten certified signature will not work .
- A completed paper form can also be sent through the Post Office . In this case, the letter must be sent with a description of the attachment and a notification that the addressee has received it . The date of mailing will be deemed to be the date the notice was given. Keep the receipt and check issued by the post office.
Before the procedure, it is better to clarify which notification options are available in your region. The list of documents that are submitted along with the completed form may also differ. In some places they only require a copy of the contract and the passport of the citizen submitting the notification, while in others they may also request the statutory documents for the company.
What happens if you don’t notify the Ministry of Internal Affairs or do it incorrectly?
The responsibility for providing notice of the hiring of a person with a patent falls entirely on the shoulders of the employer. A foreign worker does not face a fine or other sanctions.
If the employer violated the deadlines, did not submit a notice at all, or used the wrong form to fill out, then all this can lead to fines.
Legal entities are especially at risk:
- punishment for citizens (individuals) - a fine from 2 to 5 thousand rubles;
- officials can be fined in the amount of 35 - 50 thousand rubles;
- Legal entities are fined 400-800 thousand rubles. An alternative to monetary punishment may be suspension of the company's operations for up to 90 days.
Note that a foreigner who will work under a patent can make a notification himself, but only with the power of attorney of the employer.
Other current forms are available.
Work in Russia for citizens of Tajikistan: pros and cons
The Russian Federation remains the most popular destination for labor migration of Tajiks.
This comes with several important benefits:
- higher wages and a constant shortage of workers, even without special education;
- cultural connection and similar mentality;
- the absence of a visa regime between countries and a simplified system of official employment;
- easy transport links with Tajikistan.
The main difficulties of working in the Russian Federation are the language barrier and the constantly growing tax rate. Many people face corruption both in law enforcement agencies and in the migration service.
Disadvantages also include growing social tension among Russians, caused by objective reasons: due to cramped living conditions, many migrants ignore the rules of personal hygiene, which leads to outbreaks of serious diseases. The number of crimes committed by visitors increases every year, and therefore Tajiks working in Russia will have to put up with the negative reaction of Russians.
