How does a migrant working under a patent get fired?

Normative base

According to Federal Law 115-FZ “On the Legal Status of Foreign Citizens,” employers must notify the FMS in the following cases:

• when applying for a job as a foreigner;
• upon termination of an agreement to hire a representative of another state.

According to Art. 77 and art. 83 of the Labor Code of the Russian Federation, the grounds for termination of an employment contract with persons who have citizenship of other states are divided into two categories:

• are common;
• special.

The first combines the following reasons for dismissal:

• due to the expiration of a fixed-term employment agreement;
• at the initiative of the employee;
• at the initiative of the manager;
• in case of violation of the legislative norms of the Russian Federation.

The category of special grounds includes reasons related to the status of a foreign citizen:

• voluntary or forced departure from the territory of Russia;
• expiration of a patent or its revocation;
• completion of the period of validity of the company's permit required for the admission of foreign citizens;
• expiration of the validity period of the employee's health insurance.

ATTENTION! Notification of the migration authorities is required regardless of the reason why the contract between the representative of another state and the companies is terminated.

Employment of foreigners

The labor activity of specialists from other states on the territory of Russia is regulated by Federal Law No. 115-FZ dated July 25, 2002 “On the legal status of foreign citizens in the Russian Federation” and the Labor Code of the Russian Federation.

In accordance with the provisions of these regulatory documents, foreigners wishing to work in the Russian Federation are divided into three categories, each of which requires its own permit:

1. Those staying temporarily on the territory of the Russian Federation. These are those who are in Russia with a visa (or without one, if they arrived from countries with a visa-free regime), but do not have a residence permit or temporary residence registration. For official employment, they need a patent (if they come from a visa-free country) or a work permit (from countries with a visa regime).
2. Temporary residents. These are those who are in Russia on the basis of a temporary residence permit (TRP). Having such a permit allows you to officially get a job.
3. Permanent residents. These persons are in Russia on the basis of a document called a residence permit (residence permit). It allows you to work legally.

In addition, there are quotas for issuing work permits and patents for foreigners. Their distribution is regulated by Order of the Ministry of Labor and Social Protection dated December 15, 2021 N 848n “On the distribution of quotas for issuing work permits.”

Features of dismissal of a foreign worker

Termination of an employment agreement with a foreigner at the initiative of the company is carried out according to the following algorithm:

1. The manager informs the employee about the upcoming end of the working relationship (no later than three days before the date of dismissal).
2. Personnel department employees issue an order to terminate the employment relationship.
3. The responsible person fills out the documentation of the dismissed person (work book, certificate of work, certificate of income, etc.).
4. The final settlement is made with the citizen.

Dismissal of a foreign employee at his own request is carried out in the same way as at the initiative of the company. The difference is that a statement of intent to terminate cooperation must be submitted to management two weeks before the intended date.

The procedure for notifying the Main Directorate of Migration Affairs of the Ministry of Internal Affairs about the dismissal of a migrant

Many employers are wondering who to notify when dismissing a foreign worker in 2021. According to Federal Law No. 115-FZ dated July 25, 2002, the employer is obliged to notify the territorial body of the Main Directorate for Migration Affairs of the Ministry of Internal Affairs (formerly the Federal Migration Service) not only about hiring a migrant, but also about his dismissal.

Notification is carried out within three days from the date of termination of the employment contract. Concealing this information will be considered a violation and will result in a fine.

Let us clarify that it is necessary to notify the migration authority about the dismissal of employees with citizenship of another country only if they worked under a patent or work permit. There is no need to report the termination of employment relations with persons staying in the country on a temporary temporary residence permit or temporary residence permit.

Which services must be notified of the end of the employment relationship?

Documents on termination of cooperation must be submitted to the department of the Ministry of Internal Affairs at the location of the company. Appeals should be sent to the following persons:

• having a patent;
• workers on the basis of a work visa;
• having a temporary residence permit in the Russian Federation;
• having a residence permit;
• with refugee status.

A similar document must be sent to the Health Insurance Fund.

ADVICE! Notification of the employment service and tax office in such cases is not required.

What are the peculiarities of employing foreigners?

Foreign citizens who arrived and settled on the territory of the Russian Federation can be divided into:

– for permanent residents, for their employment it is necessary to obtain a residence permit;

– for temporary residents, in order to get a job they need a temporary residence permit;

– for temporary stayers, they should obtain a work permit (for foreigners from visa-free countries), or a patent (for migrants from visa-free countries).

The Law “On the Legal Status of Foreign Citizens in the Russian Federation” dated July 25, 2002 No. 115-FZ and the Labor Code of the Russian Federation regulate the labor activities of foreign citizens on the territory of the Russian Federation.

A patent is a document that allows a foreign citizen to legally work on the territory of the Russian Federation, which will allow him to avoid various checks by the internal affairs bodies of the Russian Federation.

Terms and procedure of notification

A notice of dismissal of a foreign citizen must be submitted to the Ministry of Internal Affairs within three working days from the date of issuance of the order to terminate the employment contract. Submit your document in the following ways:

• personal appeal from a company representative;
• via postal mail;
• online on the State Services website.

IMPORTANT! When submitting documentation by a company representative, the citizen provides a supporting document.

Notification of supervisory authorities about the dismissal of a foreigner

When dismissing a foreigner, it is also important for an employer to know who to notify.
Indeed, in case of untimely notification of the supervisory authorities, he may be brought to administrative responsibility. Another difficulty lies in the fact that all foreigners working in Russia are divided into several categories. For example, for permanently living citizens with a residence permit, such notification is not provided. They also do not receive work permits or quotas. This also includes citizens of the EAEU.

But temporarily living or staying foreigners need a work permit. According to the latter, the employer must also report to the Federal Migration Service in case of dismissal.

Additionally, the list of services that need to be notified about the placement and dismissal of foreigners depends on the level of qualifications of the latter. For example, the FMS must be notified to the FMS within 3 days about the hiring and dismissal of visa-free and low-level invited visa specialists. For visa-free foreigners, such a notification is also sent to the Employment Center.

Notifying the tax office is not mandatory. However, it is better to do this at the place of registration of the organization. Such notification will be mandatory if the foreigner’s work permit has ceased to be valid. The employer has 10 days to do this.

and notifications:

Notice of dismissal of a foreigner with a work permit

Notice of dismissal from a refugee's job

Notice of dismissal of a foreign citizen from the EAEU

Notice of dismissal of a foreigner with a residence permit

Notice of dismissal of a foreigner with a temporary residence permit

Notice of dismissal of a foreigner with a patent

Sample notification

The form used to report the termination of a rental agreement with a foreigner is regulated by FMS Order No. 147. Its contents include the following information:

• information about the organization (full name, full name of the head, legal and actual address, contacts);
• information about the foreign citizen (full name, position held, details of a patent or work permit);
• date of termination of the contract;
• date of drawing up the appeal;
• manager's signature.

A sample notification form is available here.

What is a patent

In accordance with Article 2 of the Federal Law “On the Legal Status of Foreign Citizens in the Russian Federation,” a patent is a document that confirms the right to work of a foreigner temporarily arriving in the territory of the Russian Federation from countries with a visa-free regime.

A work permit is issued for the duration of the patent, and employment can only be found in the subject of the Federation in which this document was issued.

If a person comes from a country with a visa regime, it is not a patent that is required, but a work permit.

Sample of a patent permitting work activity in Russia:

Responsibility for untimely notification of authorities

Failure to comply with the deadlines for submitting a notice of termination of a working relationship with a foreigner is a violation of the law. According to paragraph 3 of Art. 18.15 of the Code of Administrative Offenses of the Russian Federation, a company is imposed a fine in the amount of:

• 2–5 thousand rubles for individual entrepreneurs;
• 35–50 thousand rubles for leadership positions;
• 400–800 thousand rubles for organizations.

For companies located in the Leningrad and Moscow regions, increased fines apply:

• from 5,000 to 7,000 rub. – for individual enterprises;
• from 35,000 to 70,000 rub. – for leadership positions;
• from 400,000 to 1 million rubles. – for organizations.

In addition to monetary penalties, it is possible to suspend the organization’s activities for a period of 14 days to 3 months.

Who exactly should notify the Ministry of Internal Affairs

Strange as it may seem, both the employer and the foreigner himself are obliged to notify the Main Directorate for Migration Issues (formerly the FMS) if an employment contract is concluded with a foreigner.

A foreigner is obliged to notify the Office of his employment with an individual or legal entity within two months from the date of receipt of the patent. His notice consists of sending a copy of the agreement.

It is somewhat more difficult for the employer - not only does he need to send a notification separately for each foreigner hired, but he also needs to be notified of the termination of the employment contract.

Moreover, upon termination of the employment contract in the following cases:

• the foreigner resigned of his own free will;
• the foreigner’s qualifications did not suit the employer;
• a foreigner disappeared/ran away;
• the term of the employment contract has expired;
• The foreigner's permits have expired.

Important: The employer is obliged to notify the Ministry of Internal Affairs of the hiring or dismissal of all foreign citizens, including:

• Visa-free foreigners with a work patent.
• Visa-free foreigners with a work patent from the EAEU.
• Visa foreigners with work permits.
• Highly qualified specialists.
• Foreigners with a temporary residence permit in the Russian Federation.
• Foreigners with a residence permit in the Russian Federation.
• Refugees.

What will be the penalty for untimely notification of the conclusion (termination) of an employment contract with a foreigner?

The punishment here is provided for in Part 4 of Art. 18.15 Code of Administrative Offences, sanctions include fines:

• from 5,000 to 7,000 rubles for citizens of the Russian Federation;
• from 35,000 to 70,000 rubles for officials;
• from 400,000 to 1,000,000 rubles for legal entities.

It is also possible to suspend the organization’s activities for a period of 14 to 90 days.

Important: A notification from the Main Department of Migration Affairs of the Ministry of Internal Affairs about the conclusion of an employment contract with a foreign citizen must be sent within three days from the date of signing this contract.

Termination of an employment contract with a foreigner

To dismiss a foreign worker, the employer must:

– if the employee initiates dismissal, the employer considers the resignation letter.

– issue an order in form T-8 and give it to the employee for review. If the employee refuses to sign the document, a corresponding note is made on the form.

– make a full financial calculation.

– a note about dismissal is made in the work book and returned to the employee signed in his personal card on the day of termination of the contract.

– within three days, notify the migration services of the termination of the employment contract.