Despite the fact that foreign workers are quite common in Russian organizations today, many employers are still wary of hiring foreigners. The reason for such fears, although banal, still has its own completely logical justification. Most employers simply do not know how to properly hire a foreigner. For this reason, many are afraid of accidentally breaking the law and getting a fine for it. And the penalties are actually impressive: up to 1,000,000 Russian rubles. rub. charged for each illegal worker. In order to avoid sanctions and not refuse foreign workers, we will consider step by step how to hire a citizen of Uzbekistan with a temporary residence permit in 2021.
Methods and features of employing Uzbeks for work in the Russian Federation in 2021
Uzbeks, subject to a number of conditions, can legally work in the Russian Federation both full-time and freelance. In general, the procedure for hiring a foreigner depends on a number of factors and is regulated by the following key legal acts of the Russian Federation:
- Intergovernmental Agreement dated December 25, 2017, concluded between the Governments of the Russian Federation and the Republic of Uzbekistan (on the recruitment and attraction of Uzbeks to temporary work in the Russian Federation).
- Art. 13 – 13.7 Federal Law of the Russian Federation No. 115 of July 25, 2002 (as amended on December 27, 2019), all about the labor activity of foreigners in the territory of the Russian Federation.
- Ch. 50.1 of the Labor Code of the Russian Federation dated December 30, 2001 (as amended on December 16, 2019), on the regulation of labor of foreigners and stateless persons in the Russian Federation.
In general, the job registration scheme for all applicants, whether Russian, Uzbek or citizen of any other country, is the same. When applying for employment, a potential employee will need to submit a certain package of documents (this may differ for foreigners from different countries). Then they are reviewed, the candidate is approved, an order for employment is issued, an entry is made in the work book, and the applicant can start working.
Important!
The package of submitted documents must be complete and comply with all legal requirements. If not all permits are submitted, or if they are overdue, regulatory authorities may fine the employer or even suspend its activities for 14-90 days.
Since a visa-free entry regime has been established for citizens of Uzbekistan on the territory of the Russian Federation, the employment procedure provided for foreigners from countries with a visa-free regime is applied to them.
Legal employment of an Uzbek in the Russian Federation is possible in the following situations:
- if you have a temporary residence permit or residence permit;
- by patent;
- for special privileges provided for certain categories of foreigners (highly qualified, representatives of creative professions, medical, and other workers).
If an Uzbek has a temporary residence permit, and even more so a residence permit, it is much easier to find a job. In both the first and second cases, the permanent presence of an Uzbek in the Russian Federation is legalized. And this allows you to get a job in a simplified manner, and even with some bonuses.
An Uzbek with a residence permit has the same rights as a Russian. He can work in his specialty virtually anywhere, in any subject of the Russian Federation, with the exception of military camps and government posts. A temporary residence permit allows you to live and work only in the region where it was issued.
“Citizens of Uzbekistan who went abroad for work (study, permanent residence) for a period exceeding 6 months are recommended
register with foreign consular offices of the Republic of Uzbekistan.”
According to the website of the Ministry of Foreign Affairs of the Republic of Uzbekistan (mfa.uz).
Employment of foreigners in Russia
Despite the problems in the economy, the domestic market is quite extensive, and vacancies can always be found there. There is mainly a shortage of working people. Among labor migrants, according to statistics for 2021, there are one and a half million Uzbeks in the Russian Federation. The bulk of this country's young population works abroad. From Russia alone, an amount equivalent to $2.5–3 billion is transferred annually to the republic. An increasing number of migrants understand the need for legal employment in the Russian Federation.
What difficulties might there be?
The procedure is regulated by domestic legislation, and a clear procedure is provided for citizens of the CIS and other countries. To work abroad, namely in Russia, Uzbeks must obtain permits. For persons who belong to a state with a visa-free regime with the Russian Federation (and Uzbekistan is one of them), it is possible to obtain a patent. The procedure is much simpler, requiring less paperwork, and can be completed directly in Russia.
When crossing the border, citizens of the republic fill out a migration card. It is important to indicate the purpose of the trip – getting a job. Next, citizens of Uzbekistan are registered in Russia within 7 days. The patent is issued by the territorial department of the Main Directorate for Migration of the Ministry of Internal Affairs upon the application of the migrant and upon provision of the necessary package of papers. The search for a job in 2021 for Uzbeks is mainly limited to the construction sector, but employment in other types of employment is possible, especially if they have qualifications.
Requirements for candidates
Let us list the principles for hiring foreign citizens:
- legality of crossing the border and staying in Russia;
- no criminal record, no problems with the law;
- confirmation that the applicant does not have viral diseases, drug or alcohol addiction;
- availability of vacancy;
- compliance with qualifications;
- voluntariness;
- knowledge of Russian language.
A foreign migrant must comply with the Constitution and laws of the Russian Federation.
How can an Uzbek obtain a patent to work in the Russian Federation in 2021?
Uzbeks arriving in the Russian Federation for the first time can find employment under a patent. A migration patent (as it is also called) is a document certifying the right of a visa-free foreigner to work in the territory of a specific subject of the Russian Federation. It is needed when the arriving foreigner does not have:
- TRP (temporary residence permit);
- residence permit (residence permit);
- privileges guaranteeing preferential employment (invitations for a highly qualified specialist, for example).
Therefore, if an Uzbek has a migration card in his hands and he arrived in the Russian Federation in order to work, he should first acquire a patent.
The patent is issued at the place of proposed work in the territorial department of the Ministry of Internal Affairs of the Russian Federation. Therefore, having arrived in the Russian Federation, over the next 30 days. An Uzbek must collect and submit a package of required documents.
| № | List of basic documents for registration of a patent | Explanations on the submitted documents |
| 1 | Application for registration of a patent Application form for registration of a patent | It is written according to the form, approved. By Order of the Ministry of Internal Affairs of the Russian Federation No. 635 of August 14, 2017. The form contains a photo of the applicant 30 by 40 mm |
| 2 | Identity document of an Uzbek | Uzbek passport (other equivalent document) with registration marks about the place of stay |
| 3 | Migration card | Must contain a note about the work purpose of coming to the Russian Federation |
| 4 | Honey. policy (or medical care agreement) | The validity period of the policy must correspond to the time of stay in the Russian Federation |
| 5 | Honey. reference | Is a documentary confirmation of the absence of dangerous diseases in Uzbeks |
| 6 | Certificate (other document) of proficiency in Russian. language (basics of history, laws of the Russian Federation) | Issued after successfully passing exams in the named subjects in an educational organization that is authorized to take such exams and issue these certificates |
When registering a patent, a state fee is charged, but you do not have to present a paid receipt for it. The decision on the accepted documents and the actual issuance of the patent is made within 10 working days. days A patent can be issued for a period of 1 to 12 months.
Step-by-step instructions for finding employment for an Uzbek with a patent in the Russian Federation
Having received a migration patent and collected the necessary documents, an Uzbek can confidently go to his future employer to apply for a job.
| Step | What does an Uzbek need to do when applying for a job? | Explanatory information |
| 1 | Check, complete missing papers and submit all collected documents to the HR department | You will need:
|
| 2 | Familiarize yourself with the local acts of the organization under your personal signature | These include: collective agreement, work rules and other acts related to work activity |
| 3 | Conclude an employment contract with the employer | The contract should include details of the patent, medical. policy, and the employee himself must be familiarized with the conditions for terminating the employment relationship |
| 4 | Familiarize yourself with the issued employment order | Familiarization is carried out under a personal signature |
| 5 | Complete standard training in occupational safety, as well as civil defense and emergency situations, fire safety, etc. | All briefings are carried out in accordance with the generally established procedure, which applies equally to all employees |
| 6 | Sign the personal card (form T-2), thereby confirming the fact that you have read the entry in the work book | On the territory of the Russian Federation, work books of exclusively Russian standard are used. Therefore, if an Uzbek does not have one, the employer is obliged to get a Russian labor certificate for him (currently it is possible to issue both paper and electronic labor certificates, from 2021 - only electronic) |
Having completed the registration of an Uzbek for work, the employer is obliged to fulfill one very important condition for legalizing the employment of a foreign worker. Over the course of 3 working hours. days after signing any agreement (labor, civil process) he must send to the address of the Main Department of Migration of the Ministry of Internal Affairs (FMS) a notification about the conclusion of this agreement with a foreigner.
For such notification, a special form is provided, approved. By Order of the Ministry of Internal Affairs of the Russian Federation No. 363 of June 4, 2019. It should be noted that the form of this document has changed several times. The current notification form is presented in Appendix No. 7 to Order No. 363. It requires information about the employing organization and personal data of the Uzbek (full name, passport details, position, date of conclusion of the contract).
When filling out the notification form, it is important to record reliable information about the employee, which is specified in the patent. The position in which he is expected to work must fully correspond to the one specified in the migration patent. Discrepancies are not allowed in principle. The slightest discrepancy must be documented.
The notification cannot be ignored. For failure to notify, as well as for missing the deadline for notifying the Main Department of Migration Affairs of the Ministry of Internal Affairs (FMS), a fine of up to 1 million rubles is provided. rub., and the employer’s activities may also be suspended for a period of up to 90 days.
Where to find work for citizens of Uzbekistan
On the territory of the Russian Federation there are many sources for searching for work, including for foreign citizens who are in the territory of the Russian Federation legally.
The most popular way to find a job today is through the Internet. There are many websites that offer a variety of vacancies for foreign citizens, and also offer assistance in preparing the necessary documents.
The main sites for finding work for foreign citizens are:
- com;
- Migrant-service;
- ru;
This is not the entire list of sites where citizens of Uzbekistan can find work. Every day the sites are updated, and there are more and more vacancies.
As an analysis of these sites shows, the list of vacancies for citizens of Uzbekistan has expanded noticeably; if previously the most popular professions for these citizens were taxi drivers, janitors and similar professions, today competent specialists from Uzbekistan can occupy higher-paid positions.
Looking through these sites, you can find advertisements where employers are looking for competent builders from Uzbekistan, many service companies are looking for cooks, cleaners, and a washer for employment.
Important!!! An important condition for employment in the Russian Federation for foreign citizens is the registration of a patent.
Based on this article, we can conclude that citizens of Uzbekistan do not have any special problems when finding employment on the territory of the Russian Federation; they only need to submit documents confirming the legality of their stay on the territory of the Russian Federation. Finding a job is also not a special effort, since today there are many sites with vacancies for citizens of Uzbekistan.
What amounts are withheld from the earnings of an Uzbek in the Russian Federation?
An Uzbek who gets a job under a patent receives a full salary, which, by the way, cannot be less than the current minimum wage (the minimum wage, from 2021 it is 12,130 rubles, which corresponds to the subsistence level for the 2nd quarter of 2021). No discrimination is permitted in this regard. His salary is paid in the same way as Russians.
In this case, the employer is subject to the usual obligations to withhold personal income tax and mandatory contributions. Accordingly, the employer, acting as the employee’s insurance agent, is obliged to transfer the following insurance premiums:
- Pension Fund – 22% of income.
- Social insurance – 2.9% of income.
- “For injuries” – 0.2% of the amount of income (if the field of activity involves the possibility of injury and occupational disease).
Personal income tax (13%), as is customary, is paid by the employee with a patent, and the employer only checks the completeness and timeliness of payments and, if there is a written application from the employee, takes into account the personal income tax already paid in future tax periods (in fact, the previously paid personal income tax - the cost of the patent – compensated to a citizen of Uzbekistan). It should be remembered that when the patent expires, the foreign worker loses the right to work. And if the required payments are late, which the foreigner himself is obliged to make, the patent may be completely revoked. Without it, such an employee is automatically classified as an illegal immigrant, which is fraught with consequences.
Labor patent
Obtaining a labor patent occurs in several stages. First of all, you will need to apply for registration with the migration authority of the region in which the foreigner plans to work. After this, you will need to undergo a mandatory medical examination, obtain a VHI policy, and also pay for a patent. It should be remembered that the amount of payment for a patent will depend on the area in which the citizen plans to get a job. Also, persons planning to work in Russia will need to undergo mandatory testing for knowledge of the Russian language, history and legislation of the Russian Federation.
After all these procedures have been completed, the foreigner will have in his hands a certain list of documents with which he will need to contact the migration authority or the MFC (multifunctional center) that provides government services.
Important! If the patent expires, the employer can either remove the foreigner until he renews the patent, or formalize his dismissal.
An example of calculation and payment of personal income tax from the salary of an Uzbek in the Russian Federation
Let’s assume that a citizen of Uzbekistan, Bikmaev Rustam Alibeevich, has been working at Tekhnika LLC since the end of September 2021. He was hired on the basis of a patent, which he presented to the employer along with a receipt for payment of fixed payments for personal income tax (in the amount of 5,000 Russian rubles). The monthly salary of R. A. Bikmaev is 25,000 rubles. rub.
In October 2021, the employee received 25 thousand rubles. rub. of which RUR 3,250 was withheld. rub. (13% personal income tax). In total, R. A. Bikmaev was given 21,750 rubles. rub. (25,000 – 3250). For October, the amount of personal income tax (RUB 3,250) out of RUB 5,000 paid by the employee. rub. taken into account. The balance is 750 RUR. rub. (5,000 – 3250) will be taken into account when issuing salaries to R. A. Bikmaev for subsequent months.
