Filling out the form for notification of termination (termination) of an employment contract with a foreign citizen (Appendix No. 14 to the order of the Ministry of Internal Affairs)

How to work with the autofill form (-show-)

Before we talk about the forms themselves, let's explain why they are so important. According to legal requirements, employers who use foreign labor are required to submit notices of the conclusion and termination of employment contracts or civil service agreements with each individual citizen. Moreover, on the basis of Part 3 and Part 4 of Art. 18.

• for citizens - from 2000 to 5000 rubles;
• for officials - from 35,000 to 50,000 rubles;
• for legal entities - from 400,000 to 800,000 rubles, or the company will be closed for a period of 14 to 90 days.

If the offense was committed in Moscow, St. Petersburg, the Moscow or Leningrad regions, then the sanctions are noticeably higher: up to 1 million rubles for legal entities and up to 70,000 rubles for officials.

And these are not only threats. Judicial practice confirms that an employer who notifies the migration department of the Ministry of Internal Affairs about the conclusion or termination of an agreement with a foreigner in the wrong form may be subject to such fines. The latest example is Resolution of the Supreme Court of the Russian Federation dated December 27, 2018 No. 127-AD18-6. Although the company sent the notice of termination of the contract with the foreign employee on time, it submitted the information in a form that did not comply with the established form.

Read more: How to properly hire a foreigner

Page 4

The main notice of hiring a foreign citizen (form) is contained in Appendix No. 13 to Order No. 11 of the Ministry of Internal Affairs of Russia dated January 10, 2018.

The notification is saved:

1. when you click on the “Save notification” button (unpaid notification is stored for 2 days);
2. when switching to payment after filling out the notification (unpaid notification is stored for 2 days);
3. upon activation of the purchased key.

When you save the notification, you see its details: a unique link to the completed notification form, date of creation, full name of the employee, date of conclusion of the trade agreement with a foreign citizen, date of submission of the notification, type of notification, etc.

• For Users registered on the site, details of all saved notifications are available in the Personal Account.
• For unregistered Users, it is possible to send notification details by email.

Dismissal of a foreign citizen

Employment of a foreigner is not the only basis for submitting information to government agencies. Please note that you will also have to send a notice when terminating an employment contract with a foreigner. Do not forget that similar information will have to be submitted upon termination of a civil contract with citizens of other states.

In such cases, you will have to fill out another unified form - Appendix No. 14 to Order No. 11 of the Ministry of Internal Affairs of Russia dated January 10, 2018.

The reporting algorithm is the same:

1. Fill out and check the form. Take into account the recommendations enshrined in the relevant Order of the Ministry of Internal Affairs.
2. Place the stamp of the organization or individual entrepreneur (if any). Confirm the document with your signature.
3. Submit your reports in one of the acceptable ways: in person, by mail, by proxy, or in electronic format.

Let us remind you once again who needs to be notified when hiring a foreign citizen in 2021 or when dismissing him. Submit notifications of the appropriate form to a special department of the Ministry of Internal Affairs - this is the Main Directorate for Migration Issues (GUVM). There is no need to send data to the Federal Tax Service.

Form for notification of admission of a foreigner

Completed form

Notice of termination of contract

Notification of hiring a highly qualified specialist

Notice of payment of wages to a highly qualified specialist

Notification of concluding an employment contract with a foreigner studying in the Russian Federation

Notice of termination of an employment contract with a foreigner studying in the Russian Federation

Notification of granting leave without pay for more than one calendar month during the year to a foreigner studying in the Russian Federation

Benefits of saving a notification

1. When you fill out the notification form for concluding an agreement with the same foreigner in the future, you do not need to enter the data again, they are entered into the form automatically.
2. If you hire or fire a foreign employee whose details have not yet been entered into the notification form, you can use any of your saved forms, changing the information about the employee, leaving the information regarding the employer unchanged. The form for this foreign worker will be saved under a separate address and can be used in the future.

What else has changed since 09/09/2019

In addition to the notification form for employment, Order No. 363 of the Ministry of Internal Affairs also changed other forms that may be required when communicating with the Ministry of Internal Affairs regarding the hiring of a foreign employee:

• petition of a foreign citizen (stateless person) to engage him as a highly qualified specialist;
• notification of the fulfillment by employers and customers of obligations to pay wages (remuneration) to a foreign citizen (stateless person) - a highly qualified specialist;
• notification of termination (termination) of an employment contract or civil contract with a foreign citizen (stateless person).

From October 9, 2021, all these documents must be submitted on new forms approved by Order No. 363.

Notification of the Ministry of Internal Affairs (FMS) on termination of an employment contract and dismissal of a foreign citizen

Although the legal registration of foreigners is a rather complicated undertaking, their illegal registration is almost guaranteed trouble for the enterprise and large fines. So, if an employer has decided to hire a foreign specialist, he will have to spend some effort to properly formalize it, including notifying the conclusion of an employment contract with foreign citizens.

The procedure for applying for a job depends on the status of a foreign citizen. There are five statuses:

1. Temporary stayers - such foreigners work on a visa or migration card.
2. Temporary residents have already received a temporary residence permit.
3. Permanent residents are foreigners with a residence permit.
4. Citizens of EAEU member countries (Kazakhstan, Armenia, Belarus, Kyrgyzstan).
5. Refugees or citizens who have received temporary asylum in the Russian Federation.

Who should be notified when hiring a foreign citizen (2019)? The employer is obliged to notify the Russian migration authorities about the provision of a workplace (but not the tax authorities - this obligation of the employer was canceled on 01/01/2015 after the adoption of amendments to 115-FZ). Now these functions are performed by the Ministry of Internal Affairs in the field of migration at the location of the legal entity.

It is important to remember that you can hire not any foreigner (does not apply to residents of the EAEU), but only those who are allowed to work on the territory of the Russian Federation. There are two types of such permission:

1. Work permit, which is obtained by “visa” foreigners.
2. A labor patent that visa-free workers and refugees receive.

We invite you to familiarize yourself with: VAT under an agency agreement with an agent using the simplified tax system

Let's take a closer look at the new example of filling out a notice of hiring a foreign citizen 2021, and also talk about how to correctly submit a notice of hiring a foreign citizen.

Notification of dismissal is also a fairly strictly regulated process, mistakes in which can be costly.

The step-by-step process of informing the GUVM about the dismissal of a foreign employee looks like this:

1. Fill out resignation notice forms.
2. Check completed forms for errors.
3. Apply the seal of the organization.
4. Submit the document to the GUVM in person or by mail (similar to submitting an application for employment).

The GUVM must be informed about the termination of an employment contract with a foreigner within 3 days from the date of termination of the working relationship and for each dismissed employee separately.

Notification of the Main Directorate of Migration Affairs of the Ministry of Internal Affairs (formerly the Federal Migration Service) of Russia is mandatory in accordance with clause 8 of Art. 13 of the Federal Law of July 25, 2002 No. 115-FZ “On the legal status of foreign citizens in the Russian Federation”, the form and procedure for filing a notification was approved by Order of the Federal Migration Service of Russia No. 147 “On the forms and procedure for notifications”

According to the law, submission of a notification to the Ministry of Internal Affairs (FMS) is carried out both by the employer and by the foreign citizen.

On the part of the employer - a legal entity or individual who employs foreign citizens for work, is obliged to notify the Main Directorate for Migration of the Ministry of Internal Affairs (FMS):

• on concluding an employment contract (civil law) when hiring a foreign citizen
• on termination of an employment contract (civil law) upon dismissal of a foreign citizen from work.

In this case, a notification from the Main Directorate of Migration Affairs of the Ministry of Internal Affairs about the termination of an employment contract can be sent by the employer in the following cases:

• If you are not satisfied with the qualifications of a foreign worker / he ran away / disappeared, then a notice of early termination of the employment contract with the foreign worker is sent to the Ministry of Internal Affairs (FMS).
• If the employment contract has expired or the foreigner’s permits have expired.
• If a foreign worker resigns of his own free will.

In any of these cases, the employer is obliged to notify the Main Department of Migration of the Ministry of Internal Affairs (FMS) of the termination of the employment contract.

Notifications to the Main Department of Migration Affairs of the Ministry of Internal Affairs (FMS) about hiring and dismissal must be submitted for each foreign employee separately.

On the part of a foreign citizen, a foreigner must notify the FMS of his employment with an individual or legal entity within 2 months from the date of receiving a patent for work, sending a copy of the contract.

• Visa-free foreigners with a work patent
• Visa-free foreigners with a work patent from the EAEU
• Visa foreigners with work permits
• Foreigners with a temporary residence permit in the Russian Federation
• Foreigners with a residence permit in the Russian Federation
• Refugees

For untimely notification of the Ministry of Internal Affairs (FMS) about the hiring and dismissal of a foreign citizen, as well as for failure to notify the Ministry of Internal Affairs (FMS) about the conclusion or termination of an employment contract with a foreign citizen, Part 4 of Article 18.15 of the Code of Administrative Offenses of the Russian Federation provides for punishment in the form of fines for legal entities and individuals , as well as other measures.

For example, if an employer does not submit a notification to the Ministry of Internal Affairs (FMS) or violates the deadlines for filing or the form for submitting a notification, then in federal cities such as Moscow and the region, as well as St. Petersburg and the Leningrad region, a fine is imposed on him:

• from 5,000 to 7,000 rubles for citizens of the Russian Federation (individuals);
• from 35,000 to 70,000 rubles for officials;
• from 400,000 to 1,000,000 rubles for legal entities.

Also, as a punishment, it is possible to suspend the activities of the organization for a period of fourteen to ninety days.

Therefore, filling out notification forms from the Ministry of Internal Affairs (FMS) must be done as carefully as possible, and notifications must be submitted to the FMS on time.

And it is advisable to submit them in person to be sure that the Ministry of Internal Affairs (FMS) accepted the notification. Thus, you will save yourself from penalties and problems with migration services.

When hiring a foreigner, the employer must send a notice of employment of a foreign citizen to the Federal Migration Service.

We suggest you read: Divorce during pregnancy of the spouse

1. Filling out job notification forms2. Checking completed forms for errors3. Placing the organization's seal on completed forms4. Submitting a notification to the FMS in person or by mail5. Receiving the detachable part of the notice of hiring a foreigner with the seal of a government agency.

A notification from the Ministry of Internal Affairs (FMS) about concluding an employment contract with a foreign citizen must be sent within 3 days from the date of signing this contract.

A notification of concluding an employment contract with a foreigner must be submitted for each employed employee.

A notification from the Main Directorate of Migration Affairs of the Ministry of Internal Affairs (FMS) about hiring foreigners must be sent if you employ both visa-free and visa-free foreign citizens, as well as citizens with a temporary residence permit or residence permit.

In other words, notification of the Ministry of Internal Affairs (FMS) is required when hiring any foreign citizen, regardless of his status in the Russian Federation, without exceptions.

In particular, it is necessary to notify the Ministry of Internal Affairs (FMS) about the employment of foreign citizens with a residence permit (residence permit) in Russia, and it is also required to notify about the conclusion of an employment contract with citizens of Belarus.

The employer can provide notice of hiring a foreign citizen in person or by registered mail with acknowledgment of receipt and a list of enclosures.

When dismissing a foreign citizen, the employer must send a notice of termination of the employment contract with the foreign citizen to the Federal Migration Service.

1. Filling out notice forms for dismissal2. Checking completed forms for errors3. Placing the organization's seal on completed forms4. Submitting a notification to the Ministry of Internal Affairs (FMS) in person or by mail5. Receiving a detachable part of a notice of dismissal of a foreigner with the seal of a government agency

A notification from the Ministry of Internal Affairs (FMS) about the termination of an employment contract with a foreigner must be sent within 3 days from the date of termination of this contract.

Notice of termination of the employment contract must be submitted to each dismissed employee separately.

The employer can provide notice of the dismissal of a foreign citizen from work in person or by registered mail with acknowledgment of receipt and a list of the contents.

Since the beginning of 2015, notifying the employment center about hiring a foreigner, as well as notifying the tax office about the employment of a foreign citizen, is no longer required.

Also, since January 2015, there is no need to send a notice of dismissal of a foreigner to either the employment center or the tax office.

Notice of hiring a foreign citizen

Although the legal registration of foreigners is a rather complicated undertaking, their illegal registration is almost guaranteed trouble for the enterprise and large fines. If the employer has decided to hire a foreign specialist, he will have to spend some effort to properly formalize it, including notifying the conclusion of an employment contract with foreign citizens.

The procedure for applying for a job depends on the status of a foreign citizen. There are five statuses:

1. Temporary stayers - such foreigners work on a visa or migration card.
2. Temporary residents have already received a temporary residence permit.
3. Permanent residents are foreigners with a residence permit.
4. Citizens of EAEU member countries (Kazakhstan, Armenia, Belarus, Kyrgyzstan).
5. Refugees or citizens who have received temporary asylum in the Russian Federation.

In what cases and who to notify if a foreign citizen is hired is determined by clause 8 of Art. 13 115-FZ. The employer is obliged to inform the Russian migration authorities about the provision of a job (but not the tax authorities - this obligation of the employer was canceled on 01/01/2015 after the adoption of amendments to 115-FZ). Now these functions are performed by the Ministry of Internal Affairs in the field of migration at the location of the legal entity.

IMPORTANT!

Notifications of hiring a foreign citizen to the Federal Migration Service have not been submitted since 07/01/2016. The Directorate of the Federal Migration Service (FMS) came under the jurisdiction of the Ministry of Internal Affairs and now exists as the Main Directorate for Migration Issues (GUVM).

It must be remembered that it is not possible to legally hire any foreigner (this does not apply to residents of the EAEU), but only one who is allowed to work on the territory of the Russian Federation. There are two types of such permission:

1. Work permit, which is obtained by “visa” foreigners.
2. A labor patent that visa-free workers and refugees receive.

How to report to the Ministry of Internal Affairs about foreign workers

So, we have three working days from the date of signing the employment agreement to submit a notification to the Main Department of Migration Affairs about the work of a foreign citizen.

Our legislation allows the following methods of sending notification:

1. Take it to the GUVM office in paper form. In this case, the GUVM employee who accepts this document checks the correctness of completion and the correctness of the data provided. When submitting in person, you must have with you documents proving the authority and identity of the notifier.
2. Send by mail. In this case, the shipment must be issued as a letter with declared value, to which an inventory of the contents and two copies of the delivery receipt should be attached. One of them (with a tear-off part) will be kept at the post office for a year, and the second will be sent to the Main Directorate for Migration. After delivering the letter to the addressee, you will receive part of the form with a receipt mark, which is proof of the timely execution of the statutory notification of the Main Directorate of Migration and Migration about the hiring of a foreign citizen.
3. By e-mail, if such a possibility is provided by the local branch of the GUVM.
4. Through the government services website (this option may cause some difficulties).

Now let’s take a closer look at the notification of hiring a foreign citizen 2021 (form).

Benefits of saving a notification

1. When you fill out the notification form for concluding an agreement with the same foreigner in the future, you do not need to enter the data again, they are entered into the form automatically.
2. If you hire or fire a foreign employee whose details have not yet been entered into the notification form, you can use any of your saved forms, changing the information about the employee, leaving the information regarding the employer unchanged. The form for this foreign worker will be saved under a separate address and can be used in the future.

We invite you to read: Inheritance under a will: who can challenge it in 2021 and within what time frame