Is it possible to get a job without a residence permit or with temporary registration, and how to do this in another city, not at your place of residence?

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The movement of able-bodied citizens across different cities and countries is a common phenomenon in the dynamic world of the 21st century. People move from place to place in search of high income, better living and working conditions.

A person who decides to move to another city wonders whether work is possible without registration . In this case, it is useful to study what legislative acts regulate this area of ​​legal relations in 2021.

The permanent registration stamp is placed in the citizen’s passport.

• 1 Opportunity for employment without registration
• 2 Regulatory regulation of the issue
• 3 When it is strictly forbidden to hire without registration
• 4 Replacement of registration with temporary registration
• 5 Responsibility of both parties in case of non-compliance with laws

Stage one - job application

So, after a successful interview, it was decided to hire the person. The first thing a future employee must do is write an application. It is submitted to the head of the organization. The document is written in free form by hand. For convenience, you can print ready-made forms. The text should be something like this:

“To the General Director of LLC Ivanov and Partners, Ivanov Ivan Ivanovich, from Petrov Petrovich.

Statement

Please hire me for the position of sales manager.”

Date, signature.

The employment application is signed by the manager or his deputies authorized to hire employees . In addition to the visa, the director must indicate his consent - write “I don’t object”, “I agree” or something similar.

Why can they be rejected at the labor exchange?

Legally you are not unemployed

For example, you haven’t closed your individual entrepreneur, although you don’t continue to operate. Or you have entered into a civil law agreement with someone, but its term has not expired or it is indefinite. You haven’t collaborated for a long time and haven’t received any money from this company. But you can do it at any time, because there is an agreement - that’s how the TsZN will judge. Therefore, it is necessary to settle the formalities with the papers.

You are not considered able to work

A child under 16 years old will not be able to join the labor exchange, even if he wants to. They will also refuse a mother with a child under 1.5 years old.

You broke the rules

For example, they refused to go for an interview for the position that the inspector offered you.

Stage two - medical examination

It's not for everyone. The Government of the Russian Federation has developed a list of professions for which medical examinations are mandatory . These are workers engaged in hazardous working conditions, doctors, rotation workers. In relation to an online store, a medical examination must be carried out by office employees who work with a computer more than 50% of the time and sales workers - for example, sellers of goods delivery points, as well as couriers.

If you have an online food store or delivery of fast food - sushi, rolls and hamburgers, then employees who are involved in working with food also need a medical book . And minors undergo medical examinations, regardless of their profession - everything.

To undergo a medical examination, you must give the future employee a referral. There is no approved form for it, but there is a list of requirements for this document. According to the order of the Ministry of Social Development No. 302n, the following must be indicated in the direction:

• name of the organization indicating the form of ownership (IE or LLC);
• activity codes according to OKVED;
• name of the medical institution to which the employee is sent;
• Full name of the employee and job title;
• indication of the department (sales department, accounting department, etc.);
• list of harmful factors.

Based on the information specified in the referral for examination, doctors will decide which specialists the applicant should undergo and which tests to take. After successfully passing the examination, the employee is given a certificate with a conclusion about suitability for work.

Note. Russian legislation has the concept of “Special assessment of working conditions” . Any entrepreneur is obliged to invite a specialized organization to examine all workplaces and give an opinion on the state of workplaces and the specifics of activity. It is on the basis of this conclusion that it is decided whether employees need medical examinations or not.

How long can you live without registration in your passport?

According to the law, permanent registration can only be obtained in your own home or in a municipal apartment provided under a social security agreement. hiring

If a citizen deregisters, he must register in the new place seven days in advance. These deadlines are established by Government Decree No. 809 of August 15, 2014.

In order to meet the deadline, it is more advisable for a citizen to apply for registration when he arrives at a new place and automatically register from the old address. Carrying out the procedure in this way will avoid missing the registration deadline at your new place of residence.

Missing a deadline is permitted for a valid reason:

1. Buying a home.
2. Illness with treatment in a hospital or at home.
3. Business trip to another city.

Each case requires confirmation by documents (certificates from the hospital, travel certificate, certificate from work, purchase agreement for living space).

Stage three - employment order

The employee returned to you with a medical certificate confirming his suitability for work. Now it's up to you. The first thing you must do as an employer is issue a hiring order. This is the main document for employment. On its basis, an employment contract is concluded, which we will talk about in due course.

The order indicates the name of the organization, full name of the head, and the serial number of the document. The text is as follows:

“Recruit Ivan Ivanovich Ivanov for the position of sales manager from such and such a date”

Date, signature.

The employee is introduced to the employment order under his personal signature. The order is recorded in the order log. A medical examination certificate and a job application are attached to it - this will be the employee’s personal file.

Employment with temporary registration at the place of residence

When a citizen comes to another region to earn money, the last thing he usually thinks about is the need to have temporary registration. However, employers very often make such a requirement of their applicants. And not everyone understands the legality of this requirement.

In fact, it is already illegal to make such a demand on an employee. The Labor Code of the Russian Federation contains a list of documents that must be provided when applying for a job. This list is closed - employers can reduce it, but do not have the right to expand it with their own documents. The current version of this list does not include documents confirming temporary registration.

The Supreme Court adheres to exactly the same position, which directed other types of courts to pay attention to the fact that an employer’s refusal to provide employment due to lack of registration is illegal. Such a requirement on the part of the employer violates the right to freedom of movement and choice of place of residence.

Attention! At the same time, employees themselves must remember that the law requires temporary registration if their stay in another city or region exceeds 90 days. Violation of this clause may result in administrative liability.

Stage five - making an entry in the work book

If the employee already has a completed work report, you just need to make a new entry there. This is done by the HR inspector or an authorized person. This could be the individual entrepreneur himself. The entry is extremely simple:

“Hired at XXX LLC for the position of sales manager in the sales department from such and such a day of such and such a month on the basis of order No. 1.”

Date, signature of the inspector or official, seal of the organization. Or HR department, if you have one.

This is if labor exists. If an employee gets a job for the first time and does not have a work book, one must be created. Labor papers are sold in any bookstore or office supply store. The employee must purchase it and bring it to you. And you, in turn, fill out the title page. There is a minimum of data - the employee’s full name, his education and profession, date of birth, date of filling out the book and signature of the person in charge. This is usually a human resources inspector or an authorized employee. In the case of an individual entrepreneur - the individual entrepreneur himself.

The first page must be filled out in legible handwriting, without blots or corrections. This document will remain with the employee for life and will be needed when applying for a pension. The organization's seal is also placed on the title page.

What documents are needed to register at the labor exchange?

• Application - filled out on the spot if you submit it directly at the Employment Center, or online - if remotely. You can see approximately what it will look like by following the link.
• Identity card - a passport or a document that temporarily replaces it.
• Work record - if you have previously worked. However, after switching to electronic labor, you may not have it. Data is requested in your personal account on the Pension Fund website when ordering a certificate of employment. Although CZN employees may well obtain this information on their own. Therefore, check whether you need to bother with this.
• Documents on professional education - diplomas, certificates and all that.
• A certificate of average income for the last three months is needed for those who have just quit or have been laid off. It is given in the accounting department of the previous place of work. Also find out about the need to provide it, because data on this is available in the Pension Fund.

It’s better to call the central office before submitting documents and ask what they want to see, taking into account your personal characteristics. For example, able-bodied people with disabilities may need an individualized rehabilitation plan.

We notify the state about the status of the employer and begin paying contributions

First, let's digress a little and think about the global. Our country has pensions, health insurance and other benefits from the state. There are special funds for this . It is from there that the state takes funds for old-age pensions, treatment and rehabilitation of occupational diseases and other needs.

When you become an employer, you are required to contribute money to all these funds . This is the basis of the social well-being of the population. Let's briefly explain how it works:

1. Tax Inspectorate. Collects taxes - both yours and your workers'. You pay tax on profits, employees - personal income tax - personal income tax. The money goes to maintaining the state apparatus, paying doctors, teachers, police, and so on.
2. Pension Fund of Russia - PFR. Accumulates money to pay old-age pensions.
3. Social Insurance Fund - FSS. The fund pays for the treatment of injuries after industrial accidents, occupational diseases, and sanatorium-resort treatment.

In 2021, you only need to file one notification—to Social Security. There is no need to report anything to the pension and tax authorities: they will find out everything themselves from the first quarterly reports.

Once notices are submitted, you begin paying fees. Taxes and pension contributions are paid to the Federal Tax Service, insurance contributions to the social insurance fund. Since pension contributions are controlled by the tax office and not by the pension fund, contributions must be reported to the latter. And monthly. If you have paid your insurance premiums to the tax office, you submit a notification of payment to the Pension Fund. And so - every month.

Let's summarize. In order to avoid problems with government agencies, you must pay insurance, pension contributions and taxes for each employee . To do this, you need to submit a notification to the social insurance fund. This is given 30 days after the employee is hired. After this, make transfers to the tax and Social Insurance Fund, and send monthly reports on payment of contributions to the pension fund.

Deadlines for registration of foreigners

It is no secret that there is a constant influx of citizens from Uzbekistan, China and others. And here there are rules.

The same period, seven days , is established by law for notifying the FMS authorities when a foreign citizen is in Russia.

A foreign citizen is required to send a notification to the Federal Migration Service office about his arrival in Russia by postal notification or with the participation of the organization receiving him (you can find out how to register via mail here). This role can be played by legal entities and individuals.

The citizen is issued a migration card with a specified period at the place of temporary residence.

Temporary registration in Russia is valid for a period of 90 days. If the deadline is violated, the migrant faces a fine and deportation to his homeland.

We talked in more detail about the registration of foreign citizens and the necessary documents here.

Civil contract

It happens that you need to hire employees for one-time work. For example, your office needs some cosmetic renovation. It is necessary to re-stick the wallpaper, paint the walls, replace the plumbing and tiles in the restroom. Don’t hire plumbers, plasterers and painters for this! This is where a civil contract comes to the rescue. Such an agreement is drawn up for one-time work. A classic example of a civil law contract is a work contract. You act as a customer, and the performer acts as a contractor. The document specifies the type and volume of work, the timing of its completion and payment terms. After completing the order, the parties sign the acceptance certificate for the work performed and financial documents, after which they part with the world.

What to do when you register with the employment center

It is better to check with the employee with whom you interact. Typically, contact needs to be made once every two months or less. From time to time, the inspector will offer you vacancies, and you will have to go for an interview within three days. As a result, you will either receive a job offer or a refusal. Moreover, the latter must be issued in the form of a certificate, which must be brought to the central control center. It is better to follow the rules, otherwise you may lose benefits or registration on the exchange, but more on that later.

What to do if workers are needed from time to time?

Let's imagine the situation. You have a small online store and use a single tax on imputed income - UTII. The tax return in this mode is submitted once a quarter. But you don’t want to fill it out yourself and don’t know how – it’s better to hire a qualified accountant for these purposes.

As in the case of office renovation, it is not profitable to hire a specialist to fill out one single piece of paper every 3 months and take it to the tax office. Therefore, the best option in this situation is an outsourcing or agency labor agreement . It looks like this. A certain organization employs a full-time accountant. You agree with its manager that once a quarter he provides you with an accountant to prepare and submit reports. And you enter into an appropriate agreement. This will be the outsourcing agreement.

Is it possible to live without registration according to the Law?

The term registration was abolished in the Russian Federation in 1993 with the signing of the Law “On the right of citizens of the Russian Federation to freedom of movement.”

The term was replaced by the concept of “registration of citizens at the place of residence ,” which was introduced for the purpose of notifying the FMS authorities about the movement of citizens within the country.

On the basis of this law, the constituent entities of the federation adopted their own Resolutions regulating the procedure for this procedure in a specific territory.

The law clearly distinguishes between the concepts of place of residence and place of temporary stay. The conduct and timing of each type of procedure are regulated by the “Rules for registration and deregistration of citizens of the Russian Federation” (Resolution No. 713 of July 17, 1995, as amended in 2010).

Permanent registration is registration in your own residential premises or municipal apartment provided under a social security agreement. hiring Temporary registration – registration at a temporary place of residence. This could be rented housing, an apartment for relatives, friends, office premises, a dormitory, etc.

For more details about why registration is needed, as well as about temporary and permanent registration, read this article, and you will learn about the difference between registration and registration, as well as how the place of stay differs from the place of residence, here.

The bitter truth of life instead of a conclusion

Now let's count. Do you know what fine an individual entrepreneur faces if he does not register his employees as required? From 5 thousand rubles. Without going into mathematics, approximately the same amount of contributions to the funds must be paid for each employee every month. And this is at the minimum wage.

It would seem that it is easier for entrepreneurs to pay fines than to register their employees legally. But this is all due to ignorance of the laws. Upon closer examination, it turns out that by paying all the required fees, you only save . For example, sick leave can be paid not from your own pocket, but from the social insurance fund. And for insurance deductions it is quite possible to save on taxes. We will definitely teach you this in future articles. In the meantime, register your employees as expected and sleep well !

How long will it take to register at the labor exchange?

The employment center has no more than 11 RF Law of April 19, 1991 No. 1032‑1 “On Employment in the Russian Federation” days. During this period, the CZN employee must offer you two suitable vacancies, but only if they are available. If you refuse both, you will not be registered. A similar outcome awaits if you don’t get in touch with the labor exchange and don’t even consider their options.

Suitable jobs are those that match education and health. The place of work must be located so that it can be reached by public transport. And the salary is not lower than the subsistence level, or at least the income in the previous place, if it was less than this level.

True, there are categories of people for whom any position will be considered suitable Law of the Russian Federation of April 19, 1991 No. 1032-1 “On employment in the Russian Federation”. This applies to those who:

• has never worked before and has no qualifications or is employed after a break of more than a year;
• contacted the central labor repair center after seasonal work;
• closed the individual entrepreneur or left the farm;
• refused to study, improve their qualifications or was expelled from courses;
• within a year he was fired “under article”.

If there are no vacancies or the employer chose another candidate after the interview, on the eleventh day or earlier (but not later) you should receive unemployed status or a refusal with an explanation of why. If the answer is positive, the benefit, if any, is assigned from the day of application, and not from the eleventh day.