A new procedure for notification of the arrival of foreign employees.
Legal Digest \ 16.04.2019Starting from 20 March 2019, certain companies have new duties to notify the Russian Ministry of Internal Affairs (the ‘Ministry of Internal Affairs’) of the arrival of foreign employees.
The new legislative amendment concerns those companies who are hosting parties, namely those who:
- provide a foreign employee with accommodation or any other premises to live in;
- are employers for a foreign employee who actually lives at the address of the company or in its premises. Such companies now have to submit to the Ministry of Internal Affairs, together with the notification of the arrival of the foreign employee, a number of additional copies of documents:
- the foreign employee’s passport bearing a mark that the border was crossed;
- a foreign employee’s migration card (if he/she has arrived in Russia on a temporary basis);
- a document confirming the right of use of accommodation or other premises provided to the foreign employee to actually live in. If a hosting party is an employer company that provided the accommodation, such a document is not mandatory.
If the foreign employee is an employee of the hosting company, the following documents should be provided in addition:
- a copy of an employment agreement or another document confirming employment relations with the employer;
- (if applicable) a letter of a company’s CEO or an officer of the company indicating that the foreign employee lives in the company’s premises which do not have an address, even if such accommodation is temporary.
Together with the notification, the necessary set of documents is required to be submitted to the Ministry of Internal Affairs within 7 days after the foreign employee arrives. If the documents concerning the foreign employee’s arrival are not submitted to the Ministry of Internal Affairs by the deadline, the company may have administrative liability imposed in a form of a fine:
- for officers – RUB 40,000 to RUB 50,000;
- for legal entities – RUB 400,000 to RUB 500,000.
Please contact the specialists of Acsour’s legal department regarding issues of migration legislation.