New forms and the procedure for notification of state authoritiesfor foreign labor hire
On February 3, 2015 the Order of the Federal Migration Service of Russia as of 08.12.2014 N 640 came into force. This Order approved new forms of FMS notifications on hiring of foreign citizens.
- Notification form for a conclusion of alabor or civil contract with a foreign citizen;
- Notification form for a termination of the labor or civil contract with a foreign citizen.
At the same time the following forms lost their powers:
- Notification form for a conclusion of alabor or civil contract with a foreign citizen from visa-free country.
- Form on HQS notifications of vacations without payment for more than one calendar month during the year.
- Form on notifications of vacationswithout payment for more than one calendar month during the year for a foreign citizen from visa-free country.
- Notification form for a termination of the labor or civil contract with a foreign citizen from visa-free country.
- Form on HQS notification of termination of labor relations.
The procedure of work provision is also approved by the Order of the Federal Migration Service of Russia as of 08.12.2014 N 640. A notification may be sent on paper or filed in the electronic form on the Internet or at the United portal of state and municipal services.
We would like to remind you that on January 1, 2015 the Federal law as of November 24, 2014 N 357-FZ "On Amendments to the Federal LawN 115-FZ" On Legal Status of Foreign Citizens in the Russian Federation "and some legislative acts of the Russian Federation", which regulates foreign labor hire procedure, came into force.
It is necessary to pay attention to Clause 8 of Article 13 115-FZ as of 25.07.2002 which came into force on January 1, 2015. In accordance with the above mentioned clause, territorial FMSD will be responsible for exchanging information on foreign labor hire with tax and employment executive authorities.
Confidence Group is pleased to offer the overview of the new notification procedures on foreign labor hire.
Citizens arrived in Russia from visa-free countries
Before January 1, 2015 | After January 1, 2015 | ||
Clause 9 Art. 13.1 115-FZ as of 25.07.2002
Subclause 4 Clause 8 Art. 18 115-FZ as of 25.07.2002 | An employer is obliged to notify: 1. territorial FMSD; 2. the executive authority responsiblefor employment:
Term:3 working days from the date of occurrence of the event 3. the tax authority (optional)
Term:10 working days from the date of the event | Clause 8 of Article 13 115-FZ as of 25.07.2002 | An employer is obliged to notify: 1. territorial branch of Ministry of internal affairs (hereinafter - MIA):
Term: 3 working days from the date of the event |
|
| Clause 7 Art.13.3 115-FZ as of 25.07.2002
| In case of receiving a patenta foreign citizen arrived from visa-free country must submit or send by mail to the territorial MIA:
Term: 2 month from the date of issuing a patent |
Citizens arrived in Russia from visa countries
Before January 1, 2015 | After January 1, 2015 | ||
Subclause 4 Clause 8 Art. 18 115-FZ as of 25.07.2002
Subclause7 Clause 8 Art. 18 115-FZ as of 25.07.2002
Subclause7 Clause 8 Art. 18 115-FZ as of 25.07.2002 | An employer is obliged to notify: 1. the tax authority:
Term:10 working days from the date of occurrence of the event 2. territorial FMSD:
Term: is not regulated by law 3. territorial FMSD or FSB:
Term: is not regulated by law | Clause 8 of Article 13115-FZ as of 25.07.2002
Subclause7 Clause 8 Art. 18 115-FZ as of 25.07.2002
Subclause7 Clause 8 Art. 18 115-FZ as of 25.07.2002
| An employer is obliged to notify: 1. territorial MIA
Term:3 working days from the date of the event 2. territorial MIA:
Term: is not regulated by law 3. territorial MIA or FSB:
Term: is not regulated by law
|
HQS
Before January 1, 2015 | After January 1, 2015 | ||
Clause 13 of Article 13.2 115-FZ as of 25.07.2002
Subclause 4 Clause 8 Art. 18 115-FZ as of 25.07.2002 | An employer is obliged to notify quarterly not later than the last day of the reporting quarter: 1. territorial FMSD:
An employer is obliged to notify: 2. the tax authority:
Term:10 working days from the date of occurrence of the event | Clause 13 of Article 13.2 115-FZ as of 25.07.2002
| 1. An employer is obliged to notify FMS quarterly not later than the last day of the reporting quarter:
2. territorial MIA
Term:3 working days from the date of the event |
Foreign citizens studying in Russiain a professional educational organization or educational institution of higher education in full-time form
Before January 1, 2015 | After January 1, 2015 | ||
Clause 18 of Article 13.4 115-FZ as of 25.07.2002 | An employer is obliged to notify: 1. territorial FMSD; 2. the executive authority responsible for employment:
Term: 3 working days from the date of occurrence of the event | Clause 18 of Article 13.4 115-FZ as of 25.07.2002
| An employer is obliged to notify: 1. territorial MIA; 2. the executive authority responsible for employment:
Term: 3 working days from the date of occurrence of the event |
Foreign citizens working under intergovernmental agreements on the facilitation of employment (France, South Korea)
Before January 1, 2015 | After January 1, 2015 | ||
Subclause 4 Clause 8 Art. 18 115-FZ as of 25.07.2002 | An employer is obliged to notify: 1. the tax authority:
Term:10 working days from the date of occurrence of the event | Clause 8 of Article 13 115-FZ as of 25.07.2002
| An employer is obliged to notify: 1. territorial MIA
Term: 3 working days from the date of the event |
Foreign citizens who are commanders of civil aircrafts
Before January 1, 2015 | After January 1, 2015 | ||
| No notifications have been made. | Clause 8 of Article 13 115-FZ as of 25.07.2002
| An employer is obliged to notify: 1. territorial MIA
Term: 3 working days from the date of the event 2. Federal Air Transport Agency
Term: 10 working days from the date of coming into force of the employment contract. |
The Order of the Federal Migration Service of Russia as of 08.12.2014 N 640 will come into force on February 2, 2015. Before that date the FMS recommends to use previous notification forms.
The full text of the Order of the Federal Migration Service of Russia as of 08.12.2014 N 640 with new forms of FMS notification is available here.
We also would like to remind you that on October 12, 2014 the Order of the FMSD as of 18.08.2014 № 489 «On Amendments to the Appendices 7 and 11 to the order of the FMSD of Russia as of June 28, 2010 № 147 "On forms and notifications of the FMSD about foreign labor hire on the territory of the Russian Federation" came into force.
The following application forms (notifications) on HQS foreign labor hire have been changed application form for HQS salary notification.
Words "branch of a foreign entity accredited in the Russian Federation" in column Status of an employer or customer of works (services) were replaced by the words "branches and representative offices of a foreign legal entity accredited in the Russian Federation".
