FEATURES OF THE LEGAL STATUS OF CITIZENS OF KAZAKHSTAN IN THE RUSSIAN FEDERATION

Clarifications of legislation

The rules of the current EEC Treaty apply to all member countries of the Union: Russia, Armenia, Belarus, Kazakhstan, Kyrgyzstan. Consequently, citizens from these states can find employment in the Russian Federation according to the same principles.

The essence of creating an agreement is the maximum simplification of relations in the sphere of economics and labor between the participants, as well as economic development.

“The creation of the EEC will not only improve the competitiveness of its member countries, but also improve the well-being of citizens by simplifying the employment procedure and strengthening the economy,” said Russian President V.V. at one of the meetings. Putin even before the Treaty came into force.

According to Art. 96 of the Treaty, member states cooperate on labor issues in the following forms:

• Coordinate all changes in regulations relating to the world of work.
• Exchange information.
• Conduct internships, training courses and seminars.
• Implement all measures aimed at developing labor relations between states and preventing the spread of false information.

Thus, for citizens from countries party to the treaty there is a simplified employment procedure, and some of the rules provided for in Chapter. 50.1 of the Labor Code of the Russian Federation do not apply to them.

What is the essence of simplified employment for citizens of Kazakhstan?

To understand the difference between hiring a citizen from an EEC country and another foreigner, just look at the data in the table:

Citizens of Kazakhstan who arrived for employment in the Russian Federation can extend their migration card for the entire duration of the employment contract, but not more than 12 months. They also need to register for migration only if the period of their stay in Russia exceeds 30 days.

Employment Requirements

According to new legal requirements, citizens of Kazakhstan need to have the following documents in hand to work in Russia:

• current civil passport;
• detachable part of the notice of migration registration;
• voluntary health insurance agreement (VHI policy);
• a completed migration card indicating “work” in the “purpose of visit” column.

Despite the easing of requirements, employment of citizens of Kazakhstan in Russia still requires a certificate that confirms proficiency in the Russian language, knowledge of history and the fundamentals of legislation of the Russian Federation.

How to hire a citizen of Kazakhstan? The employer is expected to notify the Main Directorate for Migration Affairs of the Ministry of Internal Affairs (formerly the Federal Migration Service) about the acceptance of a Kazakh citizen into its workforce. Although there are different opinions on this matter online, according to the migration service, this obligation has not yet been canceled.

Citizens of the EAEU and tax authorities

The notice of hiring a citizen of Kazakhstan is sent to the Federal Tax Service not by the employer, but by an employee of the migration service unit. By the way, the changes also affected the area of ​​taxation. Previously, the tax “ate up” as much as 30% of an employee’s taxes, which is why many used various methods to evade paying it. Now this tax rate is only 13%.

On the website of the Federal State Unitary Enterprise “PVS” of the GUVM of Russia https://pvsmvd.ru/ you can obtain up-to-date legal information or get acquainted with current vacancies posted on the stock exchange.

What documents does a citizen of Kazakhstan need for employment?

To get a job officially, a foreigner from the EEC must provide the following set of documents:

• passport;
• work book (if previously opened);
• SNILS (except for highly qualified specialists);
• a certificate of no criminal record (if required by the employer);
• diplomas, certificates, certificates and other documents to confirm education;
• migration card (for employment for a period of more than 30 days).

An employment contract with a citizen of Kazakhstan can be concluded for an indefinite period, as with citizens of Russia. The exception is cases when a fixed-term agreement is drawn up (Article 59 of the Labor Code of the Russian Federation) - then it is limited to five years.

see → How to conclude an employment contract with a foreign citizen + sample

Upon expiration of the employment contract, the foreigner must leave the Russian Federation, because the term of this document determines the time period of his stay in Russia, if a temporary residence permit has not been previously issued . If a citizen was dismissed early, he is given the opportunity to re-employ himself within 15 days.

Documents for official employment

In order for a citizen of the republic to be hired, he must collect a package of papers and certificates, including:

• citizen's passport;
• work book, if available;
• SNILS (the document is not required for highly qualified employees in the profession);
• a certificate officially confirming the absence of a criminal record (this is an optional certificate; it must be provided if required by the person providing the job);
• migration card, if a person is employed for 30 days;
• all available certificates, diplomas, certificates that confirm studies.

As with Russians, an employment contract with residents of the republic can be drawn up for an indefinite period. An exception is the employment of employees under a fixed-term agreement. According to Art. 59 of the Labor Code of the Russian Federation, the period of employment in this case is limited to five years.

Important!

After the official expiration of the contract, the foreigner is obliged to leave Russia.

The reason is that the validity period of such a document automatically determines the time a citizen stays in Russia. An exception is the situation when a person has previously issued and received a temporary residence permit. If a citizen is fired before the due date, he is given a period of 15 days. This time is enough to find a new job.

Instructions on hiring citizens of Kazakhstan for employers

To provide employment in accordance with the law, employers must be guided by the following algorithm:

1. Receipt of all documents specified above. If a citizen enters military service under a contract, a military ID will be required.
2. Concluding an employment contract, familiarizing the employee with his responsibilities in the job description, entering information into the work book.
3. Notification of the Migration Control Department of the Ministry of Internal Affairs about the hiring of a foreigner within three working days after registration of documents.

Violation of the last paragraph is subject to liability under Art. 18.9 Code of Administrative Offenses of the Russian Federation:

Notification of hiring a citizen of Kazakhstan: sample

Order of the Federal Migration Service of Russia No. 147 dated June 28, 2010 established the notification form, and it must contain the following information:

The reverse side indicates the document on the basis of which the citizen was hired, as well as the date of conclusion of the employment contract and the signature of the person submitting the notification.

A practical example of employing a citizen of Kazakhstan will allow you to study the procedure in more detail:

Galliulin A.N. arrived in Russia on January 30, 2016. From 02/05/16 he got a job as an administrator under an employment contract. The employer requested all the documents, and the next day after A.N. Galliulin was hired. I sent a notification to the migration control department at work.

Within 30 days from the date of entry Galliulin A.N. registered because the duration of the employment contract exceeds the specified time. Subsequently, he issued a temporary residence permit for 3 years. The permit gives him the right to receive a residence permit, and then to Russian citizenship.

Conditions of dismissal

Russian legislation regulates the rules for hiring citizens of Kazakhstan working in Russia, including the process of dismissal.

Since Kazakhs do not need to obtain a work patent, the relationship with the employer ends from the moment the employment contract is terminated.

If one of the parties wants to do this earlier, the “termination” of the employment contract is initiated.

On the day of dismissal, the employer is obliged to give the employee:

• work book;
• a copy of the dismissal order;
• material compensation (if due);
• certificate of salary and accrued and transferred insurance and tax contributions.

How to obtain a temporary residence permit for a citizen of Kazakhstan?

To obtain a permit, a foreigner needs to make sure that there are no quotas for him that allow him to carry out the procedure in a simplified manner. In the future, you will have to submit a package of documents to the migration control department:

• questionnaire;
• passport;
• photographs 3 x 4;
• receipt of payment of state duty;
• certificate of knowledge of the Russian language;
• medical certificate confirming the absence of dangerous diseases.

The permit is issued for a period of 3 years, after which it can be extended, or a residence permit can be obtained.

Employment contract with an employee from Kazakhstan

The procedure for finding a job for a citizen of Kazakhstan is not very different from finding a job for a Russian. The employer will also need to enter into an employment contract. It is important to indicate in it that it is concluded with a citizen of the Republic of Kazakhstan, Petr Ivanov (the name is indicated as an example). Below is a sample document:

Features of an employment contract with a Kazakh

Despite the fact that this document is almost the same as the one that regulates the relationship between an employer and an employee in the Russian Federation, there are some important details:

• the contract may be for an indefinite period (although some employers do otherwise, but this is not necessary);
• there is no need for a work patent (the same rule applies to other residents of the EAEU member countries);
• the employee must have the documents necessary for this procedure;
• indicate information about the temporary residence permit in the document;
• indicate in the document the details of the VHI policy (when receiving a compulsory health insurance policy, this will need to be indicated in the additional agreement);
• the contract can be drawn up in both Kazakh and Russian languages, if the IG (foreign citizen) does not speak the latter;
• indicate in the document the place where the foreigner lives.

Important!

Some employers may indicate in the contract information about the terms of payment for moving to the Russian Federation and then back to the Republic of Kazakhstan, and information about the provision of housing. All this can be displayed in documents.

Citizens of Kazakhstan are a special workforce

Despite the fact that not everything is so simple in Russia economically, despite crises and some tensions in business, many citizens of nearby countries come here in search of work and a better life.

In most cases, such foreigners come to Russia in search of work that does not require qualifications. Basically, such work involves physical labor, and the wage level is low.

However, there are a large number of Kazakhs who are highly qualified and have extensive work experience, for example in manufacturing, and come to work in Russia in their specialty.

Kazakhstan is our closest neighbor. However, this is a foreign country, and therefore the employment of such foreign workers has its own characteristics. On May 29, 2014, an agreement on cooperation in the economic sphere was signed in Astana, which secured, among other things, employment opportunities for citizens of Kazakhstan in a simplified manner . This makes it possible to attract foreign workers to work in Russia without any special obstacles, thereby filling gaps in some vacancies. In May 2015, amendments were made to the agreement.

Along with the Agreement, the labor of foreigners is partially regulated by Chapter 50.1 of the Labor Code of the Russian Federation.

Peculiarities of hiring a citizen of Kazakhstan that employers need to know about

There are some distinctive features of the GC (citizen of Kazakhstan) employment process that employers need to be aware of. We list them below:

• the employer does not need to obtain a work permit for a foreigner;
• Only an adult can be hired;
• The Civil Code cannot be in municipal service and conduct a number of other types of activities (they are specified in Article 14 of the Federal Law of July 25, 2002 N 115-FZ);
• There is no need to comply with the share of foreign workers in the organization.

Residents of another state with a residence permit and temporary residence permit are employed in the same way as residents of the Russian Federation. It is only important to pay attention to the validity period of the documents thanks to which a foreigner can live in our country.

Step-by-step guide to applying for a job as a citizen of Kazakhstan (for personnel officers)

If a citizen of the Republic of Kazakhstan came for a vacancy and was completely suitable for the employer, the personnel officer will have to employ the foreigner. You need to do this as follows:

1. It is necessary to check whether the foreigner has the necessary package of documents, namely:

• passport;
• ID card (residence permit does not count);
• migration card (it is mandatory in this situation, but will not be superfluous);
• SNILS;
• taxpayer identification number (also optional);
• VHI policy.

2. Familiarize the citizen of the Republic of Kazakhstan with the company’s documents and the collective agreement;

3. Conclusion of the employment contract (TA);

4. Then you need to issue an order for admission to the company on the basis of the TD;

5. Conducting occupational safety training, talking about safe behavior in the workplace;

6. Registration of the personal file of a new employee;

7. Making an entry in the work book about a new place of work (if the foreigner does not have this document, he needs to create one).

Taxation of income of a citizen of Kazakhstan

A foreigner will have to pay taxes and fees, just like residents of our country. In the case of Russian guests, this will be affected by their status.

The income of those who stay in Russia for less than 183 days (non-residents) is taxed at a thirty percent rate, and for residents - at a thirteen percent rate. However, there are exceptions. These are those who work on the basis of a patent, and residents of countries participating in the Treaty on the EAEU. For them, the tax remains 13 percent (according to Article 73 of the document).

Despite this, there is a nuance. So, if a citizen of the Republic of Kazakhstan was in Russia for less than 183 days, then taxes are recalculated at a thirty percent rate, according to the Ministry of Finance. But in a letter dated November 28, 2016 No. BS-4-11/ [email protected] the Federal Tax Service of the Russian Federation notes something else: under Article 73 of the Treaty on the EAEU, recalculation is not necessary. What should an employer do in the current circumstances? You will have to make the decision yourself.

Important!

The EAEU (Eurasian Economic Union) includes the following states: Russia, Belarus, Kazakhstan, Armenia, and the Kyrgyz Republic.

Salary taxes on payments to citizens of Kazakhstan

Taxes must be paid on payments received in Russia. This rule applies to all categories of workers. Citizens who live on the territory of countries that are members of the EAEU are also no exception.

According to paragraph 3 of Article 224 of the Tax Code of the Russian Federation and Article 73 of the Treaty on the EAEU, the personal income tax rate for the income of citizens of Kazakhstan is 13%.

Also, citizens of Kazakhstan who are employed in Russia must be registered in the pension system. The income of foreign workers from Kazakhstan is subject to insurance contributions in the same amount and manner as the income of Russian workers, in accordance with Article 22.1 of Law No. 167-FZ of December 15, 2001.

Thus, insurance premiums will be:

– 22% for pensions

– 5.1% for medical support

– 2.9% for social insurance

– contributions for injuries depending on the applicable OKVED

Insurance contributions (sick leave, social insurance) for an employee from Kazakhstan

To find out more about sick leave and social insurance, you need to remember again about the Treaty on the EAEU, namely Article 98. It specifies both the rights and responsibilities of a working resident of one of the participating countries.

As a result, we see that social insurance is provided under the same conditions as for residents of our country. The exception is pension insurance. In the situation with foreign employees, it is regulated by Law No. 167-FZ of December 15, 2001 on compulsory pension insurance in our country.

As a result, the employer is obliged to make payments in relation to citizens of the Republic of Kazakhstan officially employed:

• insurance premiums for compulsory health insurance;
• social insurance in case of incapacity;
• compulsory social insurance in connection with maternity;
• compulsory pension insurance.

Let us add that according to the law, only those foreigners who have a voluntary health insurance policy (VHI) can work in our country. Another agreement on the provision of medical services in the country would also be suitable. If this document is not available, it will be impossible to employ a citizen of the Republic of Kazakhstan.

However, the legislation does not specify exactly who should be responsible for the availability of this policy for a foreign employee. Neither the employee nor the employer is obliged to do this. In this situation, a compromise can be found. After all, if both a foreigner and an organization want to work together, this problem can be solved by agreement.

Migration registration of citizens of Kazakhstan - what an employer should know about

Migration registration is an important point that cannot be ignored by the employer. This is an activity in which information is recorded in Russia about the place of stay and residence of a foreigner, about his movement.

Amendments have been made to Law No. 109-FZ, which regulates this issue. Now employers must register and deregister only when they provide foreign employees with premises in which they will live. In this case, the employer must monitor the timing of migration registration and, to some extent, control the foreign employee (he will be required to reside there).

As a result, the company must decide whether it will provide premises to the citizen of the Republic of Kazakhstan, or whether he will solve this problem himself. After all, responsibility if a foreigner is allocated a room or apartment will fall on the shoulders of the employer.

If, nevertheless, the organization decides to provide a citizen of the Republic of Kazakhstan with premises, you will need to contact the migration department of the Ministry of Internal Affairs at the location. To do this, you need to collect a package of the following documents:

• confirming that the apartment (room, house, etc.) is legally owned;
• TD (labor dog.) with a Kazakh;
• documents of a foreign citizen;
• notification of arrival, which must be completed (see below for an example of a document).

After this, employees of the migration department will check these documents. If everything is filled out correctly and everything is accepted, the data is noted in the database (Territory application software). The detached part of the notice will be returned to the foreigner. It will indicate the registration period, put a stamp, and leave a signature. The same principle applies to deregistration. At the same time, register or carry out the reverse procedure for a certain period (seven working days from the date of arrival (departure) of a citizen of the Republic of Kazakhstan).

Important!

You can also register for migration or remove it from it through the Multifunctional Center (MFC) or post office. In a number of regions of the Russian Federation, this can be done thanks to State Services.

Migration registration of citizens of Kazakhstan

Citizens of Kazakhstan are subject to migration registration at the place of stay, part 1 of Art. 20 of the Federal Law of July 18, 2006 No. 109-FZ “On migration registration of foreign citizens and stateless persons in the Russian Federation”) (hereinafter referred to as Law No. 109-FZ).

According to Art. 1 of the Agreement between the Russian Federation and the Republic of Kazakhstan on the procedure for the stay of citizens of the Russian Federation on the territory of the Republic of Kazakhstan and citizens of the Republic of Kazakhstan on the territory of the Russian Federation dated 06/07/2012 (hereinafter referred to as the Agreement), a citizen of Kazakhstan staying on the territory of the Russian Federation is obliged to register for migration after 30 days from dates of entry into the territory of the Russian Federation. A similar provision is in para. 1 and 2 clauses 6 art. 97 of the Treaty on the EAEU.

Thus, citizens of Kazakhstan have the right not to register for migration within 30 days from the date of entry into the Russian Federation.

After this period, citizens of Kazakhstan staying in the Russian Federation are subject to migration registration in the manner established by the legislation of the Russian Federation (paragraph 1 of the preamble, paragraph 3 of Article 2, paragraph 2 of paragraph 6 of Article 97 of the Treaty on the EAEU).

As a general rule, the period of temporary stay in the Russian Federation of a citizen of Kazakhstan cannot exceed 90 days in total during each period of 180 days, with the exception of cases provided for by the Law on the Legal Status of Foreign Citizens, and also in the event that such period is not extended in accordance with the specified Law (Part 1, Article 5 of Law No. 115-FZ).

The period of temporary stay of a citizen of Kazakhstan carrying out labor activities in the Russian Federation is determined by the validity period of the corresponding labor or civil law contract (Part 5 of Article 97 of the Treaty on the EAEU).

Migration registration includes registration at the place of residence and registration at the place of stay of foreign citizens.

Foreign citizens permanently or temporarily residing in the Russian Federation are subject to registration at the place of residence and registration at the place of stay, temporarily staying in the Russian Federation - at the place of stay (Clause 1, Part 1, Article 2, Part 4, Article 4, Part 2 , 3 Article 7 of Law No. 109-FZ).

The basis for registering a person at the place of stay is the receipt by the territorial body of the Ministry of Internal Affairs of the Russian Federation of a notification of the arrival of a foreign citizen at the place of stay (clause 21 of the Rules, approved by Decree of the Government of the Russian Federation of January 15, 2007 No. 9).

The place of stay of a foreign citizen is understood to mean a residential premises that is not a place of residence, or other premises in which the foreign citizen actually lives (regularly uses for sleep and rest), or an organization at which the foreign citizen is subject to registration at the place of residence in the event , provided for in Part 2 of Art. 21 of Law No. 109-FZ, that is, in the case of actual residence at the address of the specified organization or in the premises of the specified organization that does not have address data (building, structure), including temporary (clause 4, part 1, article 2 of Law No. 109 -FZ).

Notification of arrival must be submitted to the territorial body of the Ministry of Internal Affairs of Russia by the receiving party or directly by the foreign citizen (Part 3 of Article 20 of Law No. 109-FZ).

The organization in which a foreign citizen carries out labor activities is the receiving party only if the foreigner actually lives at the address of this organization or in its premises that do not have an address (clause 7, part 1, article 2 of Law No. 109-FZ). Otherwise, it is not the receiving party, and is not obliged to register the foreigner with migration registration at its address.

Is it necessary to send notice of a decision to dismiss an employee from Kazakhstan?

If in some cases the employer may not be involved in registering a foreigner for migration, dismissal must always be reported. You must fulfill your obligations within three working days. It is important to carry out a similar procedure when employing a foreigner.

The hiring and firing forms have not changed in the last few years. Apart from this document, there is no need for any other documents. The form must be submitted to the Department of Internal Affairs of the Ministry of Internal Affairs in person or sent by mail.

At the same time, the procedure itself is not particularly different from the dismissal of a citizen of the Russian Federation, however, it has its own characteristics. The reasons for dismissal are specified in Article 327.6 of the Labor Code of Russia. Please note that if the employment contract is terminated due to its expiration, the employer has 30 days to dismiss the employee.

Registration of a foreigner from Kazakhstan with the migration service

Registration of a citizen for migration registration is one of the steps in finding employment for a foreigner. The algorithm for hiring such a citizen is not complicated:

• At the first stage, it is necessary to accept all necessary documents from the applicant
• If the documents are in order and the parties have agreed on working conditions, an employment or civil contract is signed and an entry is made in the employee’s work book
• After signing the contract, within three working days, you must notify the migration control authority about the employment of a foreigner. Such notice must be submitted in accordance with Federal Law No. 115. Let's give an example of calculating the notice period: the contract with an employee from Kazakhstan was signed on July 25, 2021. The last day to provide notice without penalty is July 30.

Fines for violations in the procedure for applying for a job for a citizen of Kazakhstan

Situations regularly arise when, for certain reasons, an employer commits violations when employing a person with the citizenship of the Republic of Kazakhstan. As a result, this may result in penalties.

The employer may be fined for an incomplete package of documents from a foreigner, for violation of the Labor Code of the Russian Federation, lack of an employment contract, violation of labor protection requirements, etc.

However, one of the most common are fines for violations of the rules of stay and migration registration of a citizen of the Republic of Kazakhstan. This is regulated by Article 18.9 of the Code of Administrative Offenses of Russia. As a result, the legal entity will have to pay a large sum for this - from four hundred thousand to half a million rubles.

Another common violation is hiring a foreigner to work if he does not have permits. Or a violation of the procedure for notifying a citizen of the Republic of Kazakhstan about employment or dismissal. Information about this can be found in Article 18.15 of the Code of Administrative Offenses of the Russian Federation. The fine for the employer will range from 200 to 800 thousand rubles.

Penalties for violations when filing a notification

For late submission of a document or errors in it, quite serious fines are provided, especially for the employer himself. Fines are provided for in Article 18.9 of the Code of Administrative Offences.

Since errors in the form of a document will automatically result in its rejection, it is strongly recommended that you check it very carefully before sending it by mail. It is best to submit the notification in person to the migration service.

Most common mistakes

Mistake #1. You cannot extend your migration card without leaving.

This can be done in the migration control department if there are compelling reasons: obtaining a temporary residence permit, concluding an employment contract (MK is extended for up to 12 months), enrollment in a university in the Russian Federation.

Mistake #2. You can stay in Russia with an expired migration card if a citizen of Kazakhstan is employed.

No, for this there is a fine of 5,000 rubles. In order to stay in the Russian Federation legally, it is necessary to extend the MK due to the execution of an employment contract. It is important for the employer to submit a timely notice of hiring a foreigner.

FAQ

Question No. 1. If the mother is a citizen of Kazakhstan, and her children have Russian citizenship, can she have dual citizenship while living and working in Russia?

No, this is impossible, because... Dual citizenship in the Russian Federation is provided only for citizens of Turkmenistan and Tajikistan.

Question No. 2. A citizen of Kazakhstan is registered with migration authorities until June 10 on the basis of an employment contract. He changed employers. Does he need to register again? Will the deadline move or need an extension?

Here it is necessary to re-register for migration, otherwise the citizen will be forced to leave the Russian Federation before June 10.

Changes to the Law “On Road Traffic Safety”

The following addition has been made to paragraph 13 of Article 25 of the Law “On Road Safety”:

13. It is not allowed to drive vehicles on the basis of foreign national or international driver’s licenses when carrying out business and labor activities directly related to driving vehicles.

13. It is not allowed to drive vehicles on the basis of foreign national or international driver’s licenses when carrying out business and labor activities directly related to driving vehicles.

The provisions of this paragraph do not apply to citizens of the Kyrgyz Republic, as well as citizens of states whose legislation establishes the use of Russian as the official language, carrying out business and labor activities on the territory of the Russian Federation, directly related to driving vehicles.

So, starting from July 26, 2021, citizens of the Kyrgyz Republic and other states in which the legislation recognizes Russian as the official language can use a foreign driver’s license when carrying out work activities.