The Ministry of Internal Affairs has adjusted the rules according to which employers must notify about foreign workers (Order of the Ministry of Internal Affairs dated 05/16/2024 No. 260), and also formed subordinate enterprises and increased the state fee for issuing a number of documents. What has changed in the notifications, what responsibility is provided for failure to notify the Ministry of Internal Affairs, how has the amount of state duties changed? Read the article.
What has changed?
The amount of state duties has increased
According to Federal Law No. 539-FZ of 11/27/2023, the state duty for issuing a number of documents will change from July 1, 2024. Changes in state duties are shown in the table below.
What has changed?
The amount of state duties has increased
According to Federal Law No. 539-FZ of 11/27/2023, the state duty for issuing a number of documents will change from July 1, 2024. Changes in state duties are shown in the table below.
Enterprises subordinate to the Ministry of Internal Affairs appeared
Federal Law No. 648-FZ of 12/25/2023, which entered into force on June 23, amended Federal Law No. 115-FZ of 07/25/2002: Article 4.1 appeared in it. According to this article, the Ministry of Internal Affairs will approve the list of regions in which enterprises subordinate to the Ministry of Internal Affairs will be established. They will assist the Ministry and its territorial bodies
Subordinate enterprises will also accept:
The procedure for submitting notifications about foreign workers has changed
An employer or a customer of works or services who hires a foreigner is obliged to
We remind you that before the law came into force, these notifications were submitted to the Migration Center of the Ministry of Internal Affairs (adj. No. 6 and No. 9 to the Order of the Ministry of Internal Affairs of 30.07.2020 No. 536).
The law makes it possible to submit notifications in other ways:
Please note that notifications are submitted:
What is the responsibility for not informing the Ministry of Internal Affairs?
If the employer or the customer does not notify the Ministry of Internal Affairs about the employment or dismissal of a foreign employee, as well as if they violate the rules or the notification form, liability applies to them (Part 3 of Article 18.15 of the Administrative Code):
If the employer is from Moscow, St. Petersburg, Moscow or Leningrad regions, the responsibility is more significant:
Filing notifications about foreign employees is an essential aspect of the work of companies, non-compliance with legislation in this area leads to excessive fines. In order to avoid fines, we recommend checking in advance the correctness of the processes of working with foreign citizens and contacting Acsour experts on labor law issues.
Federal Law No. 648-FZ of 12/25/2023, which entered into force on June 23, amended Federal Law No. 115-FZ of 07/25/2002: Article 4.1 appeared in it. According to this article, the Ministry of Internal Affairs will approve the list of regions in which enterprises subordinate to the Ministry of Internal Affairs will be established. They will assist the Ministry and its territorial bodies
- in carrying out fingerprint registration and photographing of foreign citizens;
- in acceptance of applications, petitions and other documents necessary for the issuance of patents, residence permits, temporary residence and work permits to foreign citizens.
Subordinate enterprises will also accept:
- notifications from the employer about the conclusion and termination of an employment contract or a civil contract with a foreign citizen for the performance of works and services;
- notifications on the fulfillment of obligations to pay salaries to highly qualified specialists.
The procedure for submitting notifications about foreign workers has changed
An employer or a customer of works or services who hires a foreigner is obliged to
- inform the territorial department of the Ministry of Internal Affairs about the registration or termination of an employment or civil law contract with a foreigner. It is necessary to notify no later than 3 working days from the date of registration or termination of the contract (clause 8 of Article 13 of the Law dated 07/25/2002 No. 115-FZ);
- according to the results of each quarter, send notifications on the issuance of salaries to highly qualified foreign citizens (clause 13 of Article 13.2 of Law No. 115-FZ).
We remind you that before the law came into force, these notifications were submitted to the Migration Center of the Ministry of Internal Affairs (adj. No. 6 and No. 9 to the Order of the Ministry of Internal Affairs of 30.07.2020 No. 536).
The law makes it possible to submit notifications in other ways:
- through an authorized Ministry of Internal Affairs and a federal state unitary enterprise under its jurisdiction;
- through an organization authorized by Moscow.
Please note that notifications are submitted:
- in paper form — in person, by mail with an inventory and notification;
- electronically — using an electronic signature.
What is the responsibility for not informing the Ministry of Internal Affairs?
If the employer or the customer does not notify the Ministry of Internal Affairs about the employment or dismissal of a foreign employee, as well as if they violate the rules or the notification form, liability applies to them (Part 3 of Article 18.15 of the Administrative Code):
- suspension of work for 14−90 days or a fine of 400−800 thousand rubles — for companies;
- a fine of 35−50 thousand rubles — for officials.
If the employer is from Moscow, St. Petersburg, Moscow or Leningrad regions, the responsibility is more significant:
- suspension of work for 14−90 days or a fine of 0.4−1 million rubles — for companies;
- a fine of 35−70 thousand rubles — for officials (part 4 of Article 18.15 of the Administrative Code).
Filing notifications about foreign employees is an essential aspect of the work of companies, non-compliance with legislation in this area leads to excessive fines. In order to avoid fines, we recommend checking in advance the correctness of the processes of working with foreign citizens and contacting Acsour experts on labor law issues.
