New forms of notifications regarding foreign employees apply from 9 September 2019

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For the attention of companies' CEOs, in-house lawyers and HR specialists

Pepeliaev Group advises of a change in the forms for employers to notify the police about entering into or terminating agreements with foreign employees, and about performing the obligation to pay salary to highly qualified specialists.

Starting from 9 September 2019, in situations provided for by the law, employers hiring foreign workers in Russia must provide information to the Internal Affairs Ministry’s departments using the new forms. The new forms and the procedure for filling them in have been established by Order No. 363 of the Russian Ministry of Internal Affairs dated 4 June 2019.

The nature of the data submitted with regard to migrant workers in Russia and the procedure for submitting such data have been left unchanged. The new forms have been approved to resolve certain practical issues. For instance there is now more space for reflecting the necessary information (for instance, in the form of the notification about salary being paid to a highly qualified specialist). If the space is still insufficient the Order introduces the form of an additional sheet for entering the missing information. 

Forms of notifications containing several pages are stitched together, numbered and certified by the company on the reverse side of the last page. The requirement for pages to be stitched existed before, but now it has found its way into legislation. 

comment.jpgPlease note that filing notifications in time but according to old forms constitutes a ground for holding the employer liable under administrative law for violating the form of the notification. The fines imposed on a company for the offence in question amount to RUB 400,000 to RUB 800,000 (in Moscow and St Petersburg, up to RUB 1,000,000) with respect to each notification filed at variance with the current form (clause 3.5 of article 18.15 of the Code of Administrative Offences).

What to think about and what to do

Starting from 9 September 2019, companies hiring foreign employees should take account of the approved changes and oversee that the new forms are used. 

Help from your advisers

Pepeliaev Group's experts are ready to provide the legal support needed on all matters relating to hiring foreign employees in Russia.
The firm's professionals have extensive experience of advising on all issues of employment law and migration law.

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