Starting from 9 September 2019, companies should notify information about their foreign employees in new forms that they must fill in. Such forms have been approved by an Order of the Ministry of Internal Affairs.
The Order has approved new forms of the following notifications:· regarding an employment agreement or a contract for services being concluded with a foreign national or a stateless person;
· regarding the employer’s performance of its obligations to pay a foreign national who is a highly qualified specialist for his/her labour;
· regarding unpaid vacation of over one month being granted to a foreign national who is studying in Russia;
· regarding the study of a foreign national (stateless person) having been completed or terminated.
The amendments have affected all employers who recruit foreign specialists. It is irrelevant which status and citizenship a migrant has, except for citizens of Belarus, to whom the amendments are not applicable.
The main requirement is that such employees are notified to regional departments of the Ministry of Internal Affairs not later than three business days after an employment agreement (a contract for services) is concluded/terminated with such an employee.
The content of information concerning foreign employees has remained unchanged. However, in contrast to the previous versions of notifications, the updated documents:
· have more boxes in some fields to be filled in;
· allow for “official” contractions and abbreviations to be used in them.
If there is no space on the main form, additional pages can be used. The Ministry of Internal Affairs has recommended the format of such pages. These should indicate an index number and a title of the box where the missing information is entered, as well as the full name of the foreign citizen.
A notification comprising two or more pages must be numbered, stitched and certified on the reverse of the last page of the document.
The notification can be submitted by several methods:
- in hard copy, to the regional department of the Ministry of Internal Affairs;
- by post, with an enclosure list and delivery confirmation;
- electronically, including via the unified portal of state services, using an enhanced qualified signature.
Administrative liability under article 18.15 of the Russian Code of Administrative Offences in a form of a fine will be imposed for violating the requirements of migration legislation:
· for officers of a legal entity – from RUB 35,000 to RUB 50,000;
· for legal entities – from RUB 400,000 to RUB 800,000, or a suspension of operations for between 14 and 90 days.
The following amounts of administrative fines have been established for employers in Moscow and St Petersburg:
· for officers of a legal entity – from RUB 35,000 to RUB 70,000;
· for legal entities – from RUB 400,000 to RUB 1,000,000, or a suspension of operations for between 14 and 90 days.
To duly formalize the recruitment of a foreign employee, you should determine his/her status and the grounds on which he/she stays in Russia. These will mainly determine which documents you need to execute and whether you will have to notify supervisory authorities of such new employee.
Please contact Acsour’s legal department regarding any migration registration of foreign employees.