Is it possible to get hired without residence permit and registration?

Features of getting a job without registration

Let's take a closer look at whether it is possible to hire employees without registration and registration.

What the law says

The provisions of the regulations establish that a person has the right to work. At the same time, the application of any restrictions, including the presence of registration in a strictly established place, in relation to this right leads to discrimination of this person. And labor legislation defines a ban on establishing any types of discrimination when hiring employees.

In this regard, an employer can hire an employee even if he does not have a permanent or temporary registration. The rules of law on the question of whether a citizen of the Russian Federation can work without registration do not prohibit doing so.

Employers often refuse such an appointment due to the fact that such a person will be very difficult to contact if necessary. He will not be able to send a letter to his home address as in normal situations. Therefore, in relation to this employee, the notification procedure becomes more complicated.

Important! However, if the company's management refuses a candidate for a vacancy due to his lack of registration, they may be held liable.

This rule also applies in a situation where an employee’s registration has expired, but he is in no hurry to renew it. The employer does not have the right to demand this, much less terminate the employment agreement due to the end of registration.

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.

Mandatory registration for Russian citizens and labor migrants

The norms provide for the obligation of Russian citizens to undergo the registration procedure if they reside in a given place for more than 90 days.

Registration does not require any costs. However, it entails reporting to regulatory authorities where this person lives, and this may lead to the disclosure of rental agreements.

Many people who currently rent out housing to others try to hide this income from taxation, so they prefer not to officially show it. Therefore, workers are often left without temporary registration.

Attention! However, the law requires these persons to undergo at least a temporary registration procedure. Otherwise, administrative measures in the form of a fine may be applied to these persons. This rule applies to migrant workers.

Until July 2021, such persons could register at the location of their employer. However, new regulations that came into force last year require migrants to register at their place of actual residence. They must do this as soon as their old registration ends.

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.

When is registration mandatory?

The law determines that some positions can be employed only if you have permanent registration at the place of work. We are talking about public service in fiscal authorities, customs, and law enforcement agencies. If employment is carried out there, then you must take care of registration in advance.

Also, the requirement for mandatory residence registration applies to foreign citizens. If he wants to carry out labor activities on the territory of Russia, he must obtain a permit to do so. If such permission is not issued, the employer has the right to refuse employment.

There is no need to check the registration of a foreigner in the following cases:

If a foreigner who has a residence permit is hired;
When hiring citizens from the EAEU.

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.

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.

How to register temporary stayers without a visa

Visa-free entry is established for citizens of all CIS countries, except Turkmenistan, as well as for citizens of other countries, for example, Turkey, Israel.

Since 2015, such foreigners have been hired on the basis of a patent. Until 2015, work permits were issued for employment. They remain valid until their expiration date.

Work patents for foreigners are issued for a period of 1 to 12 months. To apply for a patent, a foreigner must submit an application to the Ministry of Internal Affairs within 30 days from the date of entry into the Russian Federation. He needs to have with him an identity document, a document confirming his knowledge of the Russian language, knowledge of the history of Russia and the fundamentals of the legislation of the Russian Federation (certificate) and other documents.

The fee for a patent depends on its validity period and the region in which the foreigner plans to work.

The patent is valid only in the subject of the Russian Federation where it was received. If the profession is indicated in it, the foreign citizen will not be able to work in this region in another profession.

Can an employer refuse to hire an employee?

The information that you cannot get a job if you are not registered in the region of work is based on the labor legislation of the USSR. There really was such a limitation.

Currently, the legislation of the USSR is not in force, and the Labor Code of the Russian Federation and other regulatory documents do not contain this requirement. Therefore, whether it is possible to hire a person without registration in an organization, management should not establish this restriction.

At the same time, the law prohibits the establishment of any restrictions based on the employee’s place of residence. Thus, the administration is obliged to conclude an employment agreement with anyone who wishes to do so, if he meets the required business qualities, without taking into account information about registration or registration. There are also no penalties for hiring an employee without local residence or registration.

Important! If an employer refuses registration for this reason, then he violates the Constitution of the Russian Federation, the Labor Code of the Russian Federation, and federal laws. If such a fact is revealed, the company may be held liable.

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.

conclusions

Currently, registration (permanent or temporary) is of great importance. When workers move to another area, they must understand that they have an obligation to register during a long stay in a given territory.

The administration must answer positively the question of whether it is possible to work in a company without registration, since labor legislation does not provide for this requirement. If an employer tries to take administrative measures against an employee due to lack of registration, he will be punished in accordance with the law.