Foreign labor usually costs less than Russian labor. In addition, foreigners are less demanding about working and living conditions, which is why Russian entrepreneurs willingly hire migrants. However, the procedure for hiring foreign workers is quite complicated, and therefore many employers take risks and hire foreigners illegally. Since serious penalties are provided for violating the laws of the Russian Federation, you should find out how a Moldovan citizen should be registered for work.
Employment of foreigners in Russia
In terms of living conditions and wages, Russia is very attractive for residents of the CIS and developing countries. Therefore, thousands of foreigners come to the Russian Federation every year to work.
In order not to be expelled from the Russian Federation, a foreigner must correctly, in accordance with the law, formalize his stay in Russia and the fact of working on Russian territory.
The answer to the question of whether Moldovan citizens require a work permit depends on their status in Russia. If a Moldovan has a residence permit, which is issued for 5 years and can be extended as necessary, there is no need to obtain an additional work permit.
As a general rule, foreigners arrive in Russia with a visa or visa-free regime.
It is more difficult for foreigners from visa countries to get a job. However, between the Russian Federation and Moldova there is an agreement on visa-free entry. Residents of this republic can come to the Russian Federation on the basis of a foreign passport and stay for 90 days within six months.
This easier entry does not automatically give them the right to work. In order to obtain it, you need to indicate the purpose of arrival “work” when crossing the Russian border and later apply for a special patent.
If the period of work exceeds the standard 90 days of stay in Russia, the foreigner will also have to obtain a temporary residence permit (TRP), which is issued for a period of up to 3 years.
Permissible proportion of foreign workers
Before hiring a foreigner, you need to make sure that you have the right to do so. Every year, the Russian Government publishes data on the permissible share of foreign workers in each industry. If there is no ban on attracting foreigners for your field of activity, feel free to fill out the documents.
If you already have foreign employees, monitor quota changes. If the percentage decreases for the next year, you must bring the number of foreign workers at the enterprise into compliance with the standards approved by the Government of the Russian Federation. Otherwise, the organization faces a fine of 800 thousand to 1 million rubles or suspension of activities for a period of 14 to 90 days. Officials can be fined from 45 thousand to 50 thousand rubles.
Share does not include:
— foreign citizens who have received a temporary residence permit or residence permit (Clause 1, Article 2 of Law No. 115-FZ);
— highly qualified specialists and members of their families (clause 2 of article 13.2 of Law No. 115-FZ);
- citizens of Armenia, Belarus, Kazakhstan and Kyrgyzstan working under labor or civil law contracts (clause 2 of article 97 of the Treaty on the Eurasian Economic Union of May 29, 2014).
In addition to the permissible share, there is also a quota. It applies to foreign workers arriving in the Russian Federation on the basis of a visa. Every year the Government of the Russian Federation determines the need to attract foreigners from visa countries.
What does a Moldovan need to work in Russia?
Living in the CIS countries gives foreign workers a serious advantage - they do not need to obtain permission to attract foreign labor. Therefore, entrepreneurs willingly employ such people.
However, a foreign worker needs to prepare, for example, find out what documents a Moldovan citizen needs to work in Russia.
To find a job, Moldovans will need:
- Statement.
- Passport.
- Patent for work.
- Migration card.
- Migration registration coupon.
- A health insurance policy that can be purchased by a foreigner himself or an employer.
- A certificate from a medical institution confirming the absence of diseases dangerous to others.
- Certificate of knowledge of the Russian language, history and legislation of Russia. Instead of this document, you can present a diploma issued in the USSR or the Russian Federation.
- Employment history.
- SNILS.
- Education documents.
How to get a patent for work
Before a Moldovan citizen gets a job in Russia, he should obtain a work permit. To do this, you need to contact the Main Department of Migration Affairs of the Ministry of Internal Affairs (formerly the Federal Migration Service) of the exact region of Russia where he plans to work.
Outside this territory, the work permit is invalid.
In Moscow, foreigners can apply to the Unified Migration Center.
The cost of obtaining a patent, as well as the information indicated in it, is determined by each region of the Russian Federation independently.
A patent is issued for a period of 1 month to 1 year. It is also possible to extend it, but it should be taken into account that you cannot work on the basis of a patent in one company for more than 2 years.
If a foreigner wishes to continue working, he will have to leave Russia, re-enter and obtain a patent as a newly arrived person.
You must apply for a patent to the Main Directorate for Migration Affairs of the Ministry of Internal Affairs of the Russian Federation within 30 days from the moment of arrival in the Russian Federation, otherwise registration will not only be denied, but also fined.
For organizations, step-by-step instructions for hiring citizens of the Republic of Moldova are as follows:
- Registration with the GUVM as an employer of a foreign person.
- Checking that the foreigner has all the documents necessary for employment and completing the missing ones.
- Hiring a new employee on staff, signing an employment contract.
- Registration of an employee in your territory.
- Notification of the Main Department of Migration Affairs of the Ministry of Internal Affairs about the conclusion of an employment contract with a foreigner within 3 days.
- Calculation and payment of taxes on the salary of a foreign employee.
- Timely dismissal of a migrant from work.
- Notification of the Main Directorate of Migration Affairs of the Ministry of Internal Affairs about the fact of dismissal.
This is the order established by Russian legislation.
Please note that any actions of an organization that violate these rules will lead to a fine of up to 1 million rubles or administrative suspension of activities for a period of 2 weeks to 3 months.
Conclusion of an employment contract
Before concluding an employment contract, a citizen of Moldova is required to study and sign the following documents:
- Collective labor agreement.
- Inner order rules.
- All internal documents.
The contract is drawn up in Russian. It is prohibited to enter into it with persons under 18 years of age.
It is best to transfer information about the employee into the contract from the work patent, since the data in these two documents must completely match.
Foreigners from the EAEU
The Treaty on the Eurasian Economic Union, signed by the heads of Russia, Kyrgyzstan, Belarus, Armenia and Kazakhstan, ensures the freedom of movement of goods, services, capital and labor in the territories of these countries. This means that the employment of EAEU citizens in Russia is carried out in a simplified manner. It is enough for the employer to conclude an employment or civil contract with such an employee, send a notice of employment to the Ministry of Internal Affairs and register the foreigner with migration registration if he will live in an apartment provided by the employer.
When entering the territory of the Russian Federation, citizens of Kyrgyzstan, Kazakhstan and Armenia may not receive a migration card for up to 30 days from the date of crossing the border and may not register. But when getting a job, they are required to present the card to the HR department. Citizens of Belarus come to the Russian Federation without migration cards and may not check in for 90 days.
If a foreign citizen from the EAEU has concluded an employment contract, then the Ministry of Internal Affairs will extend his stay in the Russian Federation for a period of more than 90 days on the basis of the employment contract and documents confirming relationship. In case of early termination of the contract after the expiration of 90 days out of 180, the foreigner has another 15 days to conclude a new contract. If you don’t have time, you must leave the territory of the Russian Federation.
Professions in demand in Russia for Moldovans
Moldova and Russia have long been part of a single state and the population of these countries has a similar mentality and level of education. Most Moldovans are fluent in Russian, so almost all jobs are available to them, with the exception of government and military service.
A significant part of Moldovans in Russia are employed in blue-collar jobs, in particular in construction.
The ranking of the most in-demand professions in the Russian Federation looks like this:
- Engineers of various specialties.
- Medical staff.
- Skilled workers.
- IT specialists.
Work in other specialties is also available to Moldovans.
Determining the status of a foreign citizen
The procedure and rules for registering a foreigner for work depend on the status of the foreign citizen in the Russian Federation. There are three statuses:
- Temporarily staying in the Russian Federation - a citizen of another country who came to our country with a visa or without a visa and is in the country on the basis of a patent or work permit.
- A temporary resident of the Russian Federation is a citizen of another country who has been granted a TRP (temporary residence permit) for a period of 3 years.
- A permanent resident of the Russian Federation is a citizen of another country who has been granted a residence permit for a period of 5 years or on the basis of an EAEU agreement.
Next, we will consider in detail the rules for registering for work “temporarily staying” foreigners, as the most numerous and widespread group.
Documents confirming the legality of stay in the Russian Federation
The general quota is distributed among the constituent entities of the Russian Federation, and then among professional qualification groups within a specific region. The number of permits that foreign workers can obtain depends on many factors: the socio-economic climate of the region, the need to attract foreign specialists, the presence of enterprises in a certain industry.
Quotas for foreign employees
So, we have sorted it out with an employer who is puzzled by how to gradually hire a non-resident. What is the non-resident himself doing at this time? What are the requirements for it? The main responsibility of a potential employee is to complete the established list of documents and provide them to the employer.
The minimum salary is not established for those who come from abroad to work at Skolkovo, as well as for foreigners participating in the implementation of the project to create and ensure the functioning of an innovative scientific and technological center in accordance with the law “On innovative scientific and technological centers and amendments to certain legislative acts of the Russian Federation" dated July 29, 2021 No. 216-FZ.
Use our step-by-step instructions for registering a foreigner for work:
If a foreigner signs an employment agreement with an individual entrepreneur or legal entity. person, he must have, in addition to a patent, a work permit.
Russian legislation provides for several options for the employment of immigrants from Moldova. The most common ones include:
- Work on the basis of a residence permit (residence permit);
- Obtaining a stamp or a separate document with a temporary residence permit, ensuring further placement with the employer (TRP);
- Work activities carried out after the patent is issued.
The procedure for sending a notification is not complicated. The employer completes it within three days and submits it in person or by mail to the FMS (Clause 4.7, Article 13 of Law No. 115).
The work book is filled out further if it was started in the USSR. New Russian-style books are being issued for the remaining employees.
Registration of an employment contract by a Russian employer
Part 5 art. 18.9. The Code of Administrative Offenses of the Russian Federation provides for liability for the employer’s failure to take measures to provide material, medical and housing support for an invited foreign citizen (stateless person) during his stay in Russia. A fine of up to 50,000 rubles may be imposed on officials, and a fine of up to 500,000 rubles on legal entities and individual entrepreneurs.
You can accept it; foreign citizens with a residence permit can work in any region of the Russian Federation. In Moscow, he can make migration registration, the so-called temporary registration. The notification is usually submitted at the place where the organization is located, that is, in your case, in Moscow. But it’s better to check with the Ministry of Internal Affairs, since everywhere has its own rules.
According to Rosstat indicators, the number of vacancies reported by employers to the state employment service exceeds the number of officially registered unemployed. It is planned to hire an employee with a residence permit registered in the Moscow region, and the organization is located in Moscow. Can we accept it? Is it necessary to require him to register in Moscow? Do I need to notify the Moscow police department or the regional police department?
Important! A foreign citizen from far abroad with visa control can obtain a work visa only on the basis of an invitation from the employer, which is sent to the foreigner.
In 2021, for organizations using foreign labor, the quota system will be replaced by a patent system. This means that in order to employ a foreigner from neighboring countries, you will not need to obtain quotas for the admission of foreign citizens and special permits.
The labor force represented by foreign citizens is cheaper for employers than in the case of Russians. Also, citizens of neighboring countries are less demanding regarding living conditions and working conditions. It is for this reason that the choice of leaders falls on foreigners, in particular on residents of Moldova.
The department of the Main Directorate of Migration Affairs of the Ministry of Internal Affairs in the area where the foreigner arrived must put a mark on the migration card, in the detachable part. This will confirm that the citizen has registered.
