What has changed since 2021
From January 1, 2021, a new order of the Ministry of Internal Affairs of Russia dated July 30, 2020 No. 536 is in effect, which approved:
- forms and procedure for filling out an application from a foreign citizen (stateless person) to engage him as a highly qualified specialist;
- forms and procedure for notifying the Ministry of Internal Affairs or its territorial body about the conduct of labor activities by a foreigner (stateless person) on the territory of the Russian Federation.
A similar order of the Ministry of Internal Affairs dated 06/04/2019 No. 363 loses force on January 1, 2021 due to the publication of the Government of the Russian Federation Resolution No. 1110 dated 07/24/2020, which cancels outdated and unnecessary mandatory requirements (the so-called regulatory guillotine).
Let us say right away that the differences between the new sample documents and the forms in force in 2021 are not significant. Thus, in the notice of termination of the employment contract, the numbering of paragraphs has been changed. The employer no longer needs to provide additional information.
In addition, a new procedure for notifying the Ministry of Internal Affairs has been in effect since 2021. It has been clarified what the certification inscription on a document of 2 or more sheets should look like after stitching and numbering: on the back of the last sheet, the authorized person who submits the notification regarding the foreigner must indicate:
- number of sheets;
- surname and initials;
- your signature.
The main reason for the introduction of new forms of notifications and regulations for them (sequence of actions) is the need to determine the procedure for submitting notifications about such employment by organizations providing employment services to foreigners (stateless persons) on the territory of the Russian Federation. In addition, the peculiarities of law enforcement practice are taken into account.
The obligation to send a notification to the territorial body of the Ministry of Internal Affairs of Russia is established by Federal Law No. 115-FZ of July 25, 2002 “On the Legal Status of Foreign Citizens.”
Is it necessary to notify the Federal Tax Service about the dismissal of a foreigner?
In accordance with current legislation, it is necessary to notify only the migration service at the location of the employing company about the termination of a contract with a foreign citizen. But there are times when the tax service also requires notification of the dismissal of a migrant. Currently, the law does not provide for a special form by which it is necessary to notify the Federal Tax Service about the termination of an employment relationship. Therefore, the employer is not obliged to submit such a document to the tax office. The only thing he must do is report to the Federal Tax Service on Form 6NDFL, in which he must indicate the employee’s status and his tax rate.
Sample documents from 2021
Further, using direct links from our website, you can download for free samples of documents required from 2021 to notify the Ministry of Internal Affairs about a foreign worker.
Appendix No. 1 to the order of the Ministry of Internal Affairs dated July 30, 2020 No. 536: Appendix No. 3 to the order of the Ministry of Internal Affairs dated July 30, 2020 No. 536: Appendix No. 5 to the order of the Ministry of Internal Affairs dated July 30, 2020 No. 536: Appendix No. 7 to the order of the Ministry of Internal Affairs dated July 30, 2020 No. 536: Appendix No. 8 to the order of the Ministry of Internal Affairs of July 30, 2020 No. 536:
Fine for failure to comply with the form and/or procedure for notifying the Ministry of Internal Affairs (Part 3 of Article 18.15 of the Code of Administrative Offenses of the Russian Federation):
- for officials – from 35,000 to 50,000 rubles;
- for organization – from 400,000 to 800,000 rubles. or suspension of activities for a period of 14 to 90 days.
Read also
23.04.2020
Which notification form should you use in 2021?
The document must be drawn up in the form approved in Appendix 14 to the order of the Ministry of Internal Affairs of Russia dated June 4, 2019 No. 363. It is intended to indicate:
- the name of the territorial internal affairs body to which the document is sent;
- employer status (legal entity, individual entrepreneur, lawyer, just an individual, etc.), its name (full name), OGRN, INN, KPP, main OKVED, address, telephone;
- surname, name, patronymic of a foreign citizen;
- his citizenship;
- date and place of birth (country, locality) - the place is indicated if such information is available;
- name, series, number, date of issue of the employee’s identity document, as well as the name of the organization that issued the document;
- numbers and dates of issue of a citizen’s migration card;
- addresses and dates of registration / registration of the employee;
- information about a foreign citizen’s work permit or the patent he owns (if any) - the name of the document, its series, number, date of issue and name of the issuing authority, validity period;
- information about international agreements, according to which a citizen may not have a work permit in the Russian Federation;
- profession of a foreign worker in accordance with OKSO, OKPDTR, OKZ;
- the type of document establishing the legal relationship between a foreigner and a Russian employer (employment contract, civil contract);
- date of dismissal of the employee;
- notes that legal relations with the Russian employer were terminated on the initiative of a foreigner (or, conversely, not on his initiative);
- date of document preparation;
- Full name of the employer's representative;
- number of the power of attorney by which the notification is transmitted to the Federal Tax Service (if a power of attorney is used), full name and passport details of the authorized person.
The notice must be signed by the employer's representative or his authorized representative.
To learn about the rules governing the procedure for taxing the income of foreigners with insurance premiums, read the material “Insurance premiums for foreigners in 2021 - 2020” .
Dismissal of a foreigner
There are two groups of grounds that allow a person who is not a citizen of the Russian Federation to be dismissed from work:
- General grounds that apply to all employees, regardless of their citizenship
- Grounds that apply only to foreign persons
It is possible to dismiss a foreign citizen on a general basis, guided by the Labor Code of the Russian Federation. The rules prescribed in this legal document are valid both for Russian citizens and for foreigners working in the territory of the Russian Federation.
The most common reasons are:
- The employment contract is expiring and there is no intention to renew it
- The employee leaves at his own request
- Dismissal occurs by mutual agreement between the parties
- The initiator of termination of employment relations is the employer
- An employee moves to another employer (relevant only for foreigners with a residence permit or temporary residence permit)
- Leaving due to circumstances beyond the control of the parties
Dismissal of a foreign citizen under a patent
In February 2021, an LLC (legal entity) hires a foreign citizen under a patent. Every month before the 28th, the employee independently pays advance payments for personal income tax and sends receipts to the LLC. On July 14, 2021, the employee writes an application for leave at his own expense due to the death of a parent and leaves for Uzbekistan for 3 weeks (until August 4, 2020).
On August 2, 2021, the employee notifies the employer by telephone that he cannot return and start work, and also notifies that the patent has not been paid (the last day for payment is July 28).
In this situation, what is the correct way to dismiss an employee and notify the Federal Migration Service of the termination of the contract in order to avoid fines? After all, it turns out that from July 28 to August 2, payment for the patent was overdue, and the employer did not fire him (even though the employee was suspended from work). If you dismiss retroactively, you end up with a 3-day delay in submitting a notice to the FMS about termination of the contract.
Answers from lawyers (3)
- 8.0 rating
- 878 expert reviews
3 working days are provided for notification of termination of an employment contract, so the deadline has been missed insignificantly. Fire on July 29 and send notice today. In case of claims from the migration authorities, it will be possible to talk about the insignificance of the offense.
2. An employer or customer of work (services) that attracts and uses a foreign citizen to carry out labor activities is required to notify the territorial body of the Ministry of Internal Affairs of Russia at the regional level in the subject of the Russian Federation on the territory of which this foreign citizen carries out labor activities, about the conclusion and termination (termination) ) with this foreign citizen (stateless person) an employment contract or a civil contract for the performance of work (provision of services) within a period not exceeding 3 working days from the date of conclusion or termination (termination) of the relevant contract.
Code of Administrative Offenses of the Russian Federation Article 2.9. Possibility of exemption from administrative liability if the administrative offense is insignificant
If the administrative offense committed is of minor significance, the judge, body, or official authorized to resolve the case of an administrative offense may release the person who committed the administrative offense from administrative liability and limit himself to an oral remark.
- 8.3 rating
- 1178 reviews
Andrey, good afternoon!
You need to suspend a foreign citizen worker from work on the basis of Part 1 of Art. 327.5 Labor Code of the Russian Federation:
Along with the cases specified in Article 76 of this Code, the employer is obliged to remove from work (not allow to work) an employee who is a foreign citizen or stateless person in the event of: expiration of a work permit or patent, except in cases established by federal laws or international treaties of the Russian Federation - in relation to a foreign citizen or stateless person temporarily staying in the Russian Federation;
After one month from the date of removal, the employment contract will terminate and the employee will be dismissed (Part 3 of Article 327.6 of the Labor Code of the Russian Federation).
Otherwise, the validity period of the patent expires from the day following the last day of the period for which the personal income tax was paid in the form of a fixed advance payment (clause 5, article 13.3 of the Federal Law of July 25, 2002 N 115-FZ “On the Legal Status foreign citizens in the Russian Federation").
Therefore, if there was no payment for NFDL on July 28, then you issue an order and remove the IG, starting from July 29 of the current year, due to the expiration of the patent. And a month later you fire the IG.
Part 1 art. 327.6 Labor Code of the Russian Federation:
Along with the grounds provided for by this Code, the basis for termination of an employment contract with an employee who is a foreign citizen or stateless person is:
5) expiration of the validity period of a work permit or patent, with the exception of cases established by federal laws or international treaties of the Russian Federation, in relation to a foreign citizen or stateless person temporarily staying in the Russian Federation;
When you fire an employee, i.e. the employment contract will be terminated, within three working days from the date of termination of the employment contract, notify the territorial body of the Ministry of Internal Affairs about the termination of the employment contract in accordance with clause 8 of Art. 13 of Law No. 115-FZ.
- 10.0 rating
- 9306 expert reviews
On August 2, 2021, the employee notifies the employer by telephone that he cannot return and start work, and also notifies that the patent has not been paid (the last day for payment is July 28).
Hello. If you dismissed an employee after the expiration of the patent, you must have documents confirming this. For proper removal, the employer draws up an order, which must set out the circumstances and reason for the removal. Since the employee cannot sign it due to his absence, an appropriate entry should be made about this on commission. Because During the period of suspension, you became aware that the employee has no intention of going to work, he can send you a letter of resignation of his own free will (Article 77 of the Labor Code of the Russian Federation, part 1, paragraph 3) and then the dismissal will occur at his own request. If there is no such statement, but you have received information that the employee does not intend to return, you can fire him due to the expiration of the patent (Article 327.6 of the Labor Code of the Russian Federation, part 1, clause 5).
In accordance with clause 5, part 1, art. 327.6 of the Labor Code of the Russian Federation, along with the grounds provided for by the Labor Code of the Russian Federation, the basis for termination of an employment contract with an IG employee is the expiration of the validity period of a work permit or patent, with the exception of cases established by federal laws or international treaties of the Russian Federation in relation to foreigners temporarily staying in the Russian Federation citizen or stateless person. According to Part 2 of Art. 327.6 of the Labor Code of the Russian Federation, an employment contract is subject to termination on the grounds provided for in paragraphs 5 - 8 of Part 1 of Art. 327.6 of the Labor Code of the Russian Federation, after one month from the date of occurrence of the relevant circumstances .
Accordingly, you send information to the Department of Internal Affairs after completing all documents for dismissal, according to one or the second option.
We suspended him on July 29th without his knowledge, and then fired him due to the expiration of the patent (Article 327.6 of the Labor Code of the Russian Federation, part 1, clause 5) on August 5th, and submitted a notice to the FMS on August 6th. Is there a penalty for being on our list from 29 to 5?
