Working in Moscow, is registration required?

The issue of employment in Moscow affects citizens of the Russian Federation from other regions who have chosen this city as their place of stay or residence.
Persons who arrived in the capital for a period of more than 90 days are required to register with the Main Directorate for Migration Affairs of the Ministry of Internal Affairs of the Russian Federation to obtain permanent or temporary registration. The current law “On the right of citizens of the Russian Federation to freedom of movement” states that the lack of registration cannot serve as a basis for restricting the right to work, but in practice it turns out to be difficult to find a job without registration. Why us:

• Personal submission to the GUVM.MVD authorities. RF and MFC
• The largest database of owners in Moscow and Moscow Region
• Minimum cost for services
• Possibility of registration in a short time (only certain areas)
• Solving non-standard situations

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Unlike the situation in other constituent entities of the Russian Federation, the situation in Moscow determines the great importance of Moscow registration for job seekers when searching for reliable vacancies with a decent and official salary.

Employment without registration: what the law says

An unequivocal answer to the question of whether registration is mandatory for citizens of the Russian Federation when applying for a job was given in Resolution of the Plenum of the Supreme Court dated March 17, 2004 No. 2, which determined that “an employer’s refusal to conclude an employment contract with a person who is a citizen of the Russian Federation , due to his lack of registration at the place of residence, stay or at the location of the employer, is illegal, since it violates the right of Russian citizens to freedom of movement, choice of place of stay and residence, guaranteed by the Constitution of the Russian Federation.”

This position of the Supreme Court, which limits the right of the employer to require the applicant to register at the location of the enterprise, is based on the provisions:

• Article 27 of the Constitution of the Russian Federation, which guarantees citizens freedom of movement and choice of place of stay;
• Article 1 of the Law of the Russian Federation No. 5242-1 of June 25, 1993 (as amended on April 3, 2017) “On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation”;
• Part 2 of Article 64 of the Labor Code of the Russian Federation;
• Article 65 of the Labor Code of the Russian Federation.

The essence of the provisions of these legislative acts regulating the procedure and requirements for the employment of citizens boils down to the fact that a citizen of the Russian Federation:

• has the right to:

- move freely throughout the territory of Russia,

- independently determine his location and place of residence, and regardless of which region of the Russian Federation he is registered/registered in, exercise his right to work at his place of actual residence;

• must:

- provide during employment only those documents that are included in the list defined by the Labor Code (Article 65 of the Labor Code of the Russian Federation)

However, while limiting the rights of employers in refusing a vacancy to a citizen registered in another region, the law is categorical towards applicants who do not have temporary or permanent registration at their place of residence - it is necessary to register within 90 days. Registration is not required if the place of residence where the person is registered and the new place of stay are in the same subject of the Russian Federation (Parts 1, 2, Article 5 of Law No. 5242-1). An applicant who does not have registration at the place of residence must remember that, in accordance with the provisions of paragraph 1 of Article 19.15.1 of the Code of Administrative Offenses of the Russian Federation, he bears personal administrative responsibility, which provides for the imposition of a fine in the amount of 2 to 3 thousand rubles.

When you can’t hire someone without a residence permit

The law prohibits establishing restrictions on hiring Russian citizens without registration. However, in relation to foreigners, labor legislation has its own aspects of legal regulation. In particular, one of the main regulatory documents that is applied in this matter is Federal Law No. 115 of July 25, 2002, which establishes the general procedure for the presence of foreign citizens and stateless persons (stateless persons) on Russian territory and the basic principles for their labor activities.

An employer who employs a foreigner has the right to demand from him documents confirming the legality of his stay in the Russian Federation. In addition, hiring a foreigner must also be accompanied, first of all, by checking his status. And if such status implies restrictions on the employment opportunities of a foreign employee, the employer is obliged to check whether he has registration when applying for a job and refuse if he does not have one or does not correspond to the region where he is working.

It is not necessary for employers to check the registration of a foreigner or compare it with the place of business of the enterprise only in the following cases:

• When registering labor relations with any foreign citizens who have a legally issued residence permit. Such persons are employed on a general basis on an equal basis with Russian citizens, and the only difference between their employment is the mandatory notification of the Ministry of Internal Affairs when concluding a contract or terminating it.
• In case of concluding an employment contract with citizens of the EAEU. For example, hiring Belarusians does not require registration in Russia, a migration card or any other documents, while the employment of such employees can also be accompanied only by notification of executive authorities on migration issues and does not require other procedural procedures.

Employer problems

At the same time, despite the fact that labor law clearly establishes that employment without registration is carried out in the same way as if the applicant had registration at the place of location of the enterprise, for the employer the employment of an employee without registration can be problematic, and this is primarily due to with tax reporting.

In the fundamental legislative acts that guide business entities regarding the employment of citizens without registration at the location of the enterprise, an ambiguous situation arises - a conflict of legal norms.

On the one hand, the employer does not control and is not responsible for the registration of his employee or applicant for a vacancy, and on the other hand, if it is not available at his location, he cannot fulfill the mandatory requirement for filing tax reports, since some reporting forms contain a column , which must indicate the employee’s registered address.

Labor legislation of the Russian Federation: rules and regulations for hiring

The issue of registration is often raised during employment

The main document regulating the hiring process and further rights/responsibilities of each party is the Labor Code of the Russian Federation (LC RF). For those who do not have a permanent place of registration, the most important article in this document is the third article.

It states that no employer has the legal right to refuse to hire a citizen of the Russian Federation because the applicant does not have permanent registration in this locality of the country. However, for foreign citizens it is not so simple.

The provisions regulated in the third article of the Labor Code do not apply to them. The way out of this situation consists of two stages. The first is obtaining a work permit. The second is going through the mandatory procedure for obtaining temporary registration in Russia.

As a result, it can be stated that for citizens of our country there cannot be any obstacles to possible employment, since they have a legally enshrined right to do so. At the same time, it is important to have permanent registration only on the territory of the country, regardless of the subject of the Russian Federation. And the employer has no grounds or rights to refuse a potential applicant.

Important! In controversial situations, it is necessary to refer to Article 64 of the Labor Code of the Russian Federation, which clearly defines cases of violations when hiring. In particular, a violation of the constitutional rights of a person applying for a job is a refusal to sign an employment contract between the employer and the applicant due to the fact that the latter does not have permanent registration or temporary registration at his place of residence.

Recommendations for reporting

Since the ban on refusal of employment due to lack of registration at the employee’s place of residence puts the employer in an ambivalent position, special care should be taken when preparing reports for such employees.

In this situation, the following actions of the employer are possible:

• In the employment contract signed with the employee when hiring him, as well as in personal accounting documents, the address of his actual residence should be indicated, making a special footnote in the document “According to the employee.”
• When filling out reporting forms submitted to regulatory authorities and containing information about the address of an individual (for example, 2-NDFL), if the employee does not have temporary registration at the place of residence, the address columns should be filled out, indicating the place of permanent registration of the employee (according to data from his passport).
• If there is no temporary registration, and the employee is discharged at the place of permanent registration on the date of drawing up the report, you can enter the address of his previous permanent registration indicated in the passport in the report. If you have temporary registration and do not have a permanent one, you can indicate the address of your temporary place of residence.
• If there is no information about permanent registration in the passport at all, and there is no temporary registration, the address column cannot be left empty - such a report will not be accepted, because it will not pass verification, and it will not be possible to generate it electronically. In this case, a report without indicating the employee’s address will have to be submitted only in “paper” form, attaching a letter with a request to accept the reporting on paper, and with an explanation of why the line about the address of a citizen of the Russian Federation is not filled in - due to the lack of temporary and permanent registration. As confirmation, you must attach photocopies of the first five pages of the employee’s passport, incl. and a blank page about registration. When the employee is registered, it is necessary to submit an updated report with information about the place of residence included in it.

Attached files

Available only to authorized users

Available to subscribers only

• Employee application for employment (form).doc
• Order (instruction) on hiring an employee for the main job (form).doc

Now many people are wondering about the nature of the relationship between the possibility of obtaining a decent position in a company and the presence of citizen registration (formerly called propiska). Registration of citizens in the Russian Federation takes place at the Federal Migration Service.

Dear readers! The article describes typical ways to solve legal problems. Your case is individual.

This process takes place according to the established grounds and rules of the registration process and its opposite - deregistration of persons living in the territory of the Russian Federation. In recent years, some changes have occurred in this area, and now the Russian legislative bodies distinguish two types of registration of citizens, which is not the case:

1. Permanent registration. It is carried out upon the personal application of the citizen, and what is important - should not be later than seven calendar days from the moment the civilian changes his permanent place of residence;
2. Temporary registration at the place of stay. A citizen carries out its registration in the following scenario: there is a change of place of residence within the borders of the Russian Federation for a period of more than 90 days.

There is another distinctive feature of the two types of registration. In case of permanent registration, the authorized body of the Federal Migration Service puts a mark on the corresponding page of the passport. But in the case of a temporary citizen, only a certificate of registration at the place of temporary residence is provided.

Good to know! According to the existing legislation of the Russian Federation, registration is a mandatory procedure for a citizen. For this reason, you should carefully consider it if you change your permanent place of residence for more than 90 days, as well as when moving to a new place of residence, which will become permanent for you. In both cases, you are required to register with the territorial administration or department of the Federal Migration Service - the bodies that directly deal with the registration of permanent or temporary registration.

Employment process: required documents

Lack of registration may result in refusal of employment

This is enshrined in Article 5.27 of the Code of Administrative Offenses of Russia. In addition, the applicant must know his rights and in the event of controversial situations arising on this basis, he can safely refer to the Labor Code of the Russian Federation, Art. 64.

How to obtain a residence permit using the government services portal and what to do if the application for registration is withdrawn from consideration, you will learn from the video:

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Labor migration today is a ubiquitous phenomenon. However, after moving, not all citizens register at their place of residence. And some employers are afraid to hire them. Let's see if there are grounds for this.

The employer may ask

The list of required documents does not contain direct references to many papers that often have to be presented in practice at the request of the employer. Of course, failure to provide these documents should not lead to denial of employment, and if it does, it can be challenged in court

.
But it’s worth considering whether to start cooperation with litigation
.
Moreover, in most cases, the employer’s request for certain documents is not burdensome for the applicant, and often is in his own interests
. What can be included in the package of documents for employment, besides the required papers?

1. Application for admission. It will be written by the employee when registering according to the template established in the organization
   . Sometimes it’s enough just to fill out and sign a standard form with standard details:
   • Full name and position of the employer;

   Full name of the future employee and his address;

2. title of the document – ​​statement;
3. request to be accepted for a specific position in a particular structural unit in a specific organization;
4. Features of employment - part-time, work for a full-time salary or a share of it, part-time, for a certain period, etc.;
5. signature and full name decryption;
6. date of writing.

The job application will be filed in the employee’s personal file, which will be completed by HR officers.

NOTE! The wording of the position indicated in the application (as well as subsequently in the employment contract, work book and other documents) must coincide verbatim with that indicated in the staffing table.

7. Photos (usually they ask for 3 pieces in 3x4 format) will be required for registration of a personal file, employee personal card, work pass, etc.
8. The form is also filled out during the registration process. May be needed for internal use.
9. Certificate of salary from previous place of work . Providing this document in its entirety is in the interests of the applicant, since if he goes on sick leave with minimal work experience in a new place, he may receive increased payments in connection with calculations based on previous earnings.
10. A reference from a previous employer , especially one that presents the applicant in a favorable light, will increase his chances of employment and better working conditions, all other things being equal.
11. Additional evidence of qualifications : certificates of relevant courses, certificates of certification, certificate of academic degree, etc.
12. Documents about family composition are sometimes needed for additional guarantees from the employer or to provide the employee with certain benefits (for example, financial assistance, additional leaves, etc.).
13. Any documents that may affect social benefits and compensation calculations:
    pregnancy certificate;
14. certificate of a large family;
15. certificate of presence of young children or close relatives with disabilities;
16. certificate of donation;
17. certificate of work in a radioactive contamination zone;
18. state awards, etc.

Often unreasonably demanded

It is legally prohibited when applying for a job to require documents that are not provided for by the regulations of the Russian Federation: the Labor Code, federal laws, government decrees and presidential decrees. Naturally, it is unlawful to refuse a candidate on the basis of the lack of such documents. However, employers often insist on the mandatory presence and provision of the following during employment:

• TIN – certificate of registration of a citizen as a taxpayer;
• permanent registration (registration) in the region where the employer’s organization is located.

Whether to try to insist on one’s rights and try to fight the system or to agree to the employer’s demands, in each individual case the person decides for himself.

How to apply for registration

Temporary registration and registration at the place of residence is quite simple.

To do this, a citizen should contact one of the following authorities:

• to the regional department of the Ministry of Internal Affairs;
• in the MFC;
• to the Federal Tax Service department.

As for the list of required documents, it includes:

• Russian passport;
• A completed application form;
• arrival slip;
• departure sheet (in case of deregistration);
• rental agreement for residential space;
• application for temporary registration at the place of residence or permanent registration.

filling out an application for registration at the place of stay

filling out an application for registration at the place of residence in 2020

The questionnaire and application can be filled out either in the office of the selected institution or online using electronic submission of documents. You can also send the application by Russian Post, but it is better to do this by registered mail.

In accordance with the law, a government agency does not have the right to refuse to issue a temporary registration to an applicant. Since registration does not include a mark in the passport, the person is issued a special certificate.

It contains information regarding the residential address and registration deadlines. As soon as this document becomes invalid, which happens at the end of the period of residence, the citizen is obliged to leave or renew his registration.

The registration of a certificate of temporary registration is carried out free of charge by the government agency, since in this case citizens are exempt from paying state fees.

Temporary registration for a visa is necessary if a person needs to travel abroad.

What you need for temporary registration in a municipal apartment - read in this article.

Also find out whether it is possible to make a temporary registration at the post office.

What problems can arise when finding employment without registration?

Firstly, administrative liability is provided for violation of registration rules or for the lack of correctly completed permanent or temporary registration. In accordance with Art.

. 19.15 of the Code of Administrative Offenses of Russia, citizens who do not have registration are punishable by a fine of up to 5,000 rubles.

Secondly , getting a highly paid and highly qualified job, especially in a large city, without permanent or temporary registration is quite difficult in practice.

Thirdly , the employer can report a violation of the registration rules by the employee to the Federal Migration Service, which will entail administrative liability and penalties.

Fourthly , the lack of registration complicates tax deductions and contributions to the pension fund, which can negatively affect the assignment and determination of the size of the employee’s future pension.

Therefore, as a recommendation, in order to avoid problems when applying for a new job, it is advisable to register temporarily or permanently, depending on the situation, especially since this does not present any particular difficulties and can be done via the Internet on the government services website.

So, any employer has every right and is even obliged to hire a suitable applicant, even one who does not have permanent or temporary registration, but is a citizen of Russia, and conclude an employment contract with him.

If, on the basis of lack of registration, he refuses the applicant to enter into labor relations with him, then the employer or responsible persons may be held accountable under Article 5.27 of the Code of Administrative Offenses of Russia (CAO RF) for offenses in the field of labor relations legislation.

For its part, an applicant who was denied employment on these grounds has the right to appeal such decisions in the courts (Part 6 of Article 64 of the Labor Code of the Russian Federation).

In the following video you can watch job tips:

Attention!

Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to find out how to solve your particular problem, call: +7(499) 703-42-21 - Moscow +7(812) 309-91-17 - St. Petersburg +7(800) 500-27- 29 ext. 482 - Russia (general)

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A Russian citizen has the right to work in another city without permanent registration. In Art. 6 of the Labor Code of the Russian Federation there are no direct indications that an employer can provide assistance to an applicant only because the latter does not have permanent registration in a given city.

It’s another matter if a foreign citizen gets a job without registration. He has no right to work in our country without a work permit and temporary registration.

If a citizen of the Russian Federation stays in another city for more than 90 days, he must apply for temporary registration, that is, a place of stay.

If the applicant has changed his place of residence, he is obliged to notify the FMS within 7 days after the move.

It is not prohibited to work without registration in this particular city, but a citizen must have registration in the Russian Federation. This is a mandatory condition when applying for a job.

. If the applicant does not have registration in the Russian Federation, the employer must refuse him.

An employer can inform the FMS about employing a person without registration. But refusing to conclude an employment contract on the basis of an applicant’s permanent or temporary registration is illegal

. Such a restriction of a citizen's rights is discrimination.

A few words about registration at the place of residence

Today, the term “registration” has not been used for a long time, and instead the term “registration at the place of residence or residence” is used. It happens:

• Temporary.
• Constant.

What was previously called “registration” is permanent registration. It is carried out upon the application of the citizen himself, which he must submit within seven days after deregistration at a different address. The Main Directorate for Migration Issues of the Ministry of Internal Affairs of the Russian Federation deals with citizens in this area. Violation of legal norms may result in administrative liability and a fine.

With permanent registration, a stamp with the address is placed in the citizen’s passport, but if he is registered temporarily, a special certificate is issued. If a person is forced to live outside his place of registration for a long time, by law this is more than 90 days, he is obliged to register without being removed from permanent registration. But the norms of migration legislation are one thing, and the Labor Code is quite another.

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Citizen of the Russian Federation without registration and residence permit

4 Sep 2013, 23:43

Hello!

I haven't asked questions for a long time.

I have a question:

Is it possible to register an employee for work if he has a passport of a Russian citizen but on the 5th page of the passport there is no information about registration and registration?

Do we have the right to register? After all, the employment contract must indicate the place of registration. “letter of happiness” where will it arrive, registration is also needed for accounting and the program will give an error

Situation:

A person who has a Russian passport came to work to get a job, but page 5 of the passport is completely blank, i.e. there is no permanent or temporary residence permit or registration

. What to do in this situation, is it possible to apply for it or refuse employment?

Is it possible to get a job without temporary or permanent registration?

Is registration required for citizens? Due to the fact that discrimination in the field of labor relations due to lack of registration is considered illegal, hiring is permitted.

At the same time, such a worker can significantly complicate the work of the accounting department, since most of the reporting documentation contains columns that display the residential address.

In such a case, there are several options, namely:

• display in all documentation (including the employment agreement) the address according to the direct employee;
  This option is excellent in situations where entering information regarding an address should not be based on supporting documentation. Thus, when submitting information regarding an employee to the Pension Fund in the absence of registration, it is necessary to fill out only the “Address of actual place of residence” field, while the “Registration Address” remains blank.
• leave the “Registration Address” field empty if it is to be filled out on the basis of supporting documentation (For example, according to form 2-NDFL);
  

  From a theoretical point of view, this is a correct method, since the necessary props are not available. At the same time, representatives of the tax authority may not share this opinion in the process of accepting documents due to the provision of empty details.

Because of this, a dual situation is formed: the direct employer does not have the right and should not be responsible for registering his employee, but due to his absence, he cannot fulfill his obligation to submit a tax report.

To resolve the situation, it is advisable to seek clarification from the Ministry of Finance, since in paragraphs. 2 p. 1 art. 21 of the Tax Code of the Russian Federation , taxpayers have the right to receive all the necessary clarifications.