Change to the procedure on notification by the employers for employment and dismissal of foreign citizens

New rules for companies which employ foreign citizens finally came into effect on 02.02.2015, in accordance with the order № 640 d/d 08.12.2014 and the amendments to the Federal Law #115-FZ “On the Legal Status of Foreign Citizens in the Russian Federation”

 

According to the law, a unified procedure was introduced for notifying state agencies about the conclusion and termination of the employment contract with the foreign citizens, providing as follows:

 

  • the employer's obligation to notify applies to all categories of the foreign citizens, including temporary and permanent residents in the Russian Federation, as well as the citizens of Belarus, Kazakhstan, Armenia
  • the employer notifies only local FMS in which territory the foreign citizen works. Further, FMS shall independently exchange information with the tax authorities and bodies in the field of employment
  • it is necessary to notify on an employment contract and its termination (cancellation).
  • the period of notification is 3 working days.

 

Simultaneously, the following notifications were cancelled:

  • for non-paid leave for a highly qualified specialist;
  • a notification on early termination of the employment contract with a highly qualified specialist must be given pursuant to the procedure common to other categories of the foreign citizens);
  • a notification to the Federal Tax Service (Article 18) and the authorized body in the field of employment (Article 13.1) on employment and dismissal of the foreign workers.

 

Please note that the quarterly notification on payment of wages to highly qualified specialists still applies.