What steps should be taken if the legal status of a foreign worker has been altered?

HR professionals and accountants often experience a great deal of stress if there is a change in the legal status of a foreign worker. The new article on World Immigration Hub should be reviewed in order to guarantee that all of the papers are in proper order.

Let's continue the chain to get answers to the questions that are most often asked: "ordinary foreigner — foreigner with a temporary residence permit — foreigner with a residence permit — person with a passport of a citizen of the Russian Federation." Two or three components—human resources, migration, or taxes—may be subject to change depending on the stage. In order to implement these modifications, specific actions (or, alternatively, abstaining from them) are required.

In the event that a citizen of the EAEU receives a temporary residence permit

First, let's have a look at the activities that the employer need to do in the event that a temporary residency permit (TRP) is issued to a citizen of the European Union.

When we verify the TRP, we look at the area in which it was issued. It is necessary to terminate the employment contract in the event that the area in which the employee is employed is different from the region in which the workplace is situated on the premises. There are a few different justifications that could be considered, including Article 78 of the Russian Federation's Labor Code, Article 80 of the Russian Federation's Labor Code, Clause 14, Part 1, Article 81 of the Russian Federation's Labor Code, and Clause 5, Article 13 of Federal Law No. 115-FZ dated July 25, 2002, which is titled "On the Legal Status of Foreign Citizens in the Russian Federation."

There is a reference to the employee's former legal standing in the notice of termination, which may be found in column 3.1. The reference is specifically titled "Agreement on the Eurasian Economic Union." The most effective method of delivering the notice of termination is via the mail.

Taking the following activities is what we do in the event that the area corresponds to the one in which the employee really works.

The human resources department is responsible for drafting the language of an extra agreement to the contract. This is included in the content:

a) We delete from the contract any references to the supply of medical treatment to the employee in accordance with the EAEU Agreement (if such terminology was used);
b) We add information about the TRP (series, number, granted by whom, and when) to the details of the parties.

Regarding the migration component, we take into consideration the fact that the TRP status is more important than the EAEU Agreement. To a certain extent, the employee is restricted in their capacity to work outside of the area that the TRP is valid for. Please refer to paragraph 2 of the appendix to Order No. 564n issued by the Ministry of Health and Social Development on July 28, 2010, in the event that work has to be carried out outside of the region served by the TRP.
The insurance contribution rate for temporary disability and maternity benefits has increased from 1.8% to 2.9%, marking a shift in the tax component.

In the event that an employee who was working under a work permit or patent was granted a period of temporary residence

In the event that a TRP is issued to a foreign worker who is employed under a patent or work visa, let us analyze the activities taken by the employer.

When we verify the TRP, we look at the area in which it was issued. It is necessary to cancel the employment contract in the event that the area in question is different from the one that is indicated in the patent or work permit. There are a few different justifications that could be considered, including Article 78 of the Russian Federation's Labor Code, Article 80 of the Russian Federation's Labor Code, Clause 14, Part 1, Article 81 of the Russian Federation's Labor Code, and Clause 5, Article 13 of Federal Law No. 115-FZ dated July 25, 2002, which is titled "On the Legal Status of Foreign Citizens in the Russian Federation."

The information on the patent or work permit is included in the notice of termination, namely in column 3. The most effective method of delivering the notice of termination is via the mail.

Taking the following activities is what we do in the event that the area corresponds to the one in which the employee really works.

The human resources department is responsible for drafting the wording of an extra agreement to the contract, which includes the following provisions:

Both a) we delete references to volunteer health insurance policy information from the contract (if such terminology was used), and b) we add facts about the TRP (series, number, issued by whom, and when) to the details of the parties.

Taking into consideration the TRP status is a component of the migration. Within the TRP area, the employee is restricted in their capacity to work outside of the location. Please refer to paragraph 2 of the appendix to Order No. 564n issued by the Ministry of Health and Social Development on July 28, 2010, in the event that work has to be carried out outside of the region served by the TRP.
Tax component. Variations in the rates of insurance contributions:
• from 1.8% to 2.9% for those with temporary disabilities and those who are pregnant;
For mandatory health insurance, the percentage ranges from 0% to 5.1%.

If a citizen of the European Union obtaining a residence permit

Take into consideration the activities taken by the employer in the event that an EAEU citizen is granted a residence permit (RP).

The human resources department is responsible for drafting the language of an extra agreement to the contract. It is:
a) eliminates references to medical treatment under the EAEU Agreement (if such terminology was used);
b) adds facts about residency permits (series, number, granted by whom, and when) to the details of the parties involved.
Component of migration is not present. It is not necessary to provide alerts.
The insurance contribution rate for temporary disability and maternity benefits has increased from 1.8% to 2.9%, marking a shift in the tax component.

In the event that a foreign national who was working under a work permit or patent was granted a residence permit

In the event that a foreign worker who is employed under a work visa or a patent is granted a residence permit, what activities should the company conduct?

The human resources department is responsible for drafting the wording of an extra agreement to the contract, which includes the following provisions:

First, we delete any references to the specifics of the optional health insurance policy (if such language was used); second, we add the specifics of the residency permit (series, number, granted by whom, and when) to the parties' information.

Component of migration is not present. It is not necessary to provide alerts.
Tax component. Variations in the rates of insurance contributions:
• from 1.8% to 2.9% for those with temporary disabilities and those who are pregnant;
For mandatory health insurance, the percentage ranges from 0% to 5.1%.

In the event that a foreign national with a temporary residence permit was granted a permanent residency permit

Let's take a look at the measures that the employer takes when a residence permit is issued to a foreign national who has a TRP.

The human resources department is responsible for drafting the language of an extra agreement to the contract. The specifics of the residence permit (series, number, granted by whom, and when) are included into the parties' details rather than the details of the residence permit (TRP).
Component of migration is not present. It is not necessary to provide alerts.
The tax component is not subject to change.

If a foreign national who was granted permission to stay in the Russian Federation becomes a citizen of the country

When an employee from another country who is in possession of a residence permit obtains a passport belonging to a citizen of the Russian Federation, what steps should the employer take?

Component of human resources: the contract is not terminated. An extra agreement to the contract is being drafted by us, and it includes the following provisions:
a) We erase the information of the residency permit;
b) we input the details of the passport of a citizen of the Russian Federation rather than the data of a foreign passport.
Component of migration is not present. It is not necessary to provide alerts.
The tax component is not subject to change.