Legal services when hiring foreign citizens
Hiring foreign citizens is possible in two ways. The first, the simplest, involves hiring citizens from other countries to work without appropriate permission, if they are recognized as highly qualified specialists. In this case, you will still need to prepare and translate documents that will confirm the receipt of the qualification and its recognition in our country.
The second way involves issuing a special permit, which will allow a foreign employee to carry out professional activities in your company legally. Permission to attract foreign workers can be issued on the basis of an application submitted to the territorial Directorate for Migration Issues of the Main Directorate of the Ministry of Internal Affairs of the Russian Federation. Whether the new employee will be able to take his place at the enterprise in the near future depends on the correctness of its preparation and execution of the attached documents.
Thus, the preparation of documents for hiring a foreign citizen becomes only the first step towards his legal employment. Next, you, as an employer, will have to go through many more official procedures, the success of which can only be guaranteed by a qualified lawyer.
Our employees are ready to help you in the process of hiring foreign citizens at any stage of this process or to fully support it.
Obtaining quotas for attracting foreign labor
Every year, the Government of the Russian Federation sets quotas for attracting foreign specialists in various sectors of the country’s economy. This means that the company must communicate in advance its intention to hire a citizen of another country for a certain position. Otherwise, the quota may be exhausted by requests from other competitive organizations and it will not be possible to register a foreign specialist for legal work within the required time frame. Registration of permits for a quota can take several months, so it is worth dealing with it in advance.
If you do not need a quota for attracting foreign workers, since the invited specialist does not fall under it, then the state provides a slightly different legal scheme for his official employment. For this, you will need to establish a high salary for a foreign employee and prepare a special package of documents.
To avoid errors in the preparation and translation of personal documents of a foreign citizen, delays in submitting them to the state migration service, etc., you should contact our specialists. We guarantee the successful receipt of quotas for attracting foreign labor through the timely execution of the necessary papers and the implementation of other actions necessary to obtain the desired results.
About the quota for attracting foreign labor
Order of the Ministry of Labor and Social Protection of the Russian Federation of December 30, 2015 N 1180n “On the distribution among the constituent entities of the Russian Federation of quotas approved by the Government of the Russian Federation for 2021 for issuing work permits and invitations to foreign citizens to enter the Russian Federation for the purpose of carrying out work activities” A quota of 39 units has been approved for the Kirov region.
Decree of the Government of the Russian Federation dated December 12, 2015 No. 1358 “On establishing for 2021 the permissible share of foreign workers used by business entities operating in certain types of economic activities on the territory of the Russian Federation” established the permissible shares of foreign workers used by business entities operating in territory of the Russian Federation the following types of activities provided for by the All-Russian Classifier of Types of Economic Activities (OKVED 2) OK 029-2014 (NACE Rev. 2):
growing vegetables
(code 01.13.1) - in the amount of
50% of the total number of employees
employed by the specified business entities;
Retail sale of alcoholic beverages, including beer, in specialized stores
(code 47.25.1) - in the amount of
15%
of the total number of employees employed by the specified business entities;
retail trade of tobacco products in specialized stores
(code 47.26) - in the amount of
15%
of the total number of employees employed by the specified business entities;
Retail trade of medicines in specialized stores (pharmacies)
(code 47.73) - in the amount of
0%
of the total number of employees employed by the specified business entities;
retail trade in non-stationary retail facilities and markets
(code 47.8) - in the amount of
0%
of the total number of employees employed by the specified business entities;
other retail trade outside shops, stalls, markets
(code 47.99) - in the amount of
0%
of the total number of employees employed by the specified business entities;
activities of other land passenger transport
(code 49.3) - in the amount of
40%
of the total number of employees employed by the specified business entities;
activities of road freight transport
(code 49.41) - in the amount of
35%
of the total number of employees employed by the specified business entities;
other sports activities
(code 93.19) - in the amount of
25%
of the total number of employees employed by the specified business entities.
Obtaining permission to attract foreign workers
Permission to attract foreign labor requires time and effort to comply with the procedure for its issuance by government agencies. An employer without professional legal support will not be able to fulfill all the state requirements regarding the collection and execution of documents and their submission, because all this requires certain experience in such work.
We provide legal support in the preparation of all papers, including an employment contract, and also provide services for translating personal documents of a foreign employee into the state language, which can help obtain permission to hire foreign workers as quickly as possible.
Notification of the Federal Migration Service on the hiring and dismissal of a foreign worker
Notification of the hiring of a foreign citizen must be received by the Federal Migration Service, as well as notification of the dismissal of a foreign employee. In the first case, the notification is submitted after all paperwork for the employee’s employment has been completed, including the employment contract and other (personal and special) documents. It is definitely worth remembering that a notification of this kind must be submitted both by the employer himself and by the foreign citizen.
Dismissal of a foreign worker requires the submission of notice only by the employer indicating the reasons for termination of cooperation. Notifications of this kind are submitted for each foreign employee clearly within the time limits established by current legislation.
Thus, at any stage of applying for a job to a foreign citizen, we provide support in collecting and processing the necessary documents, representing the client’s interests in the state migration service and other government bodies, if necessary, and also provide consultation on labor and migration law. Our legal support is the key to the success of your activities in the legal field.
How to get a quota for high-tech medical care?
Innovative medical technologies designed for the diagnosis and treatment of complex diseases are classified as high-tech medical care (HTMC). VTB Medical Insurance experts tell how and in what time frame a quota for receiving VMP is issued
.
VMP can be provided in various areas: in obstetrics and gynecology, gastroenterology, hematology, neurology, neurosurgery, oncology, otorhinolaryngology, ophthalmology, and many others. VMP includes, for example, minimally invasive surgical operations, video-assisted thoracoscopic operations, radiological interventions, laser therapy, microsurgery, tissue and organ transplantation, biotechnology, cell and genetic engineering. The list of types of HFMP this year includes about 1,500 items in 20 profiles.
In Russia, HFMP is financed from the federal budget in accordance with the List of types of HFMP established by the State Guarantees Program. The Ministry of Health of the Russian Federation annually approves a list of medical organizations that can provide VMT. Every citizen of the Russian Federation insured under compulsory medical insurance has the right to receive high-tech medical care free of charge for medical reasons and a referral from the attending physician in medical organizations providing high-tech medical care. VMP is provided free of charge under compulsory medical insurance if you have a quota - a VMP coupon. The quota procedure is determined by the Ministry of Health of the Russian Federation; the decision to issue a VMP coupon is made by the quota commission. In accordance with the procedure approved by Order of the Ministry of Health of Russia dated December 29, 2014 N 930n, VMP finds itself in the following conditions:
· day hospital (not requiring a 24-hour stay in the hospital);
· hospital (if round-the-clock monitoring is necessary).
To obtain a VMP coupon you must go through three stages
Stage 1 – referring medical organization
· Medical indications for the patient’s need to receive VMP are determined by the attending physician of the hospital or clinic where the patient is being diagnosed and treated for the disease. The presence of medical indications is confirmed by the decision of the medical commission of the medical organization, which is documented in a protocol and entered into the patient’s medical documentation. The attending physician writes out a referral and an extract from the medical history, properly prepared (signed by the attending physician and the head of the hospital, certified by a seal).
Stage 2 – Ministry of Health or regional health authority (depending on the region)
At this stage you need to collect a package of documents:
· Referral to receive VMP (on the letterhead of a medical organization with the seal and signatures of the attending physician and chief physician);
· Patient's identification document;
· Compulsory medical insurance policy (copy);
· Extract from the medical history (with the seal and signatures of the attending physician and chief physician);
· Copy of SNILS (if available);
· A copy of the birth certificate and passport of the legal representative (for children under 14 years of age).
With these documents, independently or with the help of the medical organization that issued the referral, an application for a quota is submitted to the relevant health authority. At this stage, the decision is made by a commission consisting of 5 people. The result of consideration of the application is drawn up in the form of a protocol*; the period for making a decision on issuing a quota should not exceed 10 days. If the decision is positive, the commission also determines the location of the VMP operation.
*The patient has the right to receive a protocol from the medical commission and an extract from the medical documentation for independent contact with the health authorities (if necessary).
Stage 3 – quota commission at the place of provision of VMP
· The quota commission of the medical organization where the patient is sent for the provision of high-tech medical care, having examined the submitted package of documents, makes a decision within 10 days on the possibility of such provision.
In total, on average, the process of obtaining a quota for high-tech medical equipment takes 23 days.
To speed up the process of obtaining a quota, it is recommended to personally monitor all stages and status of the consideration of the issue. The applicant has the legal right to receive full information on obtaining a quota. Several months may pass from the moment of submitting documents to hospitalization. This is due to the queue, the urgency of treatment and the availability of available places. For patients requiring immediate surgical treatment, quotas are provided out of turn.
You can apply for a compulsory medical insurance policy, as well as obtain additional information on any compulsory medical insurance issues, from the medical insurance organization VTB MS using the 24-hour hotline number 8 800 100 800 5.
The material was prepared by the medical insurance organization VTB MS LLC
