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Thread: TRP and being hired

  1. #1
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    TRP and being hired

    What if anything does an employer need to
    do to hire me that differs from hiring a Russian if I have a TRP? Is there some extra paperwork of some sort? Employers seem not to know.

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  3. #2
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    They just need to see your TRP where the locals show their internal passport, but often employers do not want to search for this info because they are afraid that there will be an extra burden to employ a person on TRP/PRP.
    If medical check is needed for locals, you should pass that one too.

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  5. #3
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    They need to inform the authorities that they have hired a foreigner within three days.

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  7. #4
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    They have to provide the local migration service in their area with details of your contract of employment. I even had this with a client (I have PRP and am an individual entrepreneur/ИП) last year. I checked the law (and so did my husband, who's a lawyer) and it was so unclear regarding contracts for provision of services by individual entrepreneurs as opposed to contacts of employment that the client decided to register the contract anyway. As I understand it, the process isn't onerous, but it is the employer's responsibility and they can be heavily fined for non-compliance.

    Here's the relevant paragraph from the law on foreigners in the Russian Federation. This is what potential employers need to adhere to.

    О ПРАВОВОМ ПОЛОЖЕНИИ ИНОСТРАННЫХ ГРАЖДАН В РОССИЙСКОЙ ФЕДЕРАЦИИ от 25.07.2002 N 115-ФЗ

    4.7. Организации, оказывающие услуги по трудоустройству иностранных граждан на территории Российской Федерации, в течение трех рабочих дней со дня трудоустройства иностранного гражданина обязаны уведомлять об этом территориальный орган федерального органа исполнительной власти в сфере миграции. Порядок представления уведомления о трудоустройстве иностранного гражданина на территории Российской Федерации и его форма устанавливаются федеральным органом исполнительной власти в сфере миграции.
    (п. 4.7 введен Федеральным законом от 19.05.2010 N 86-ФЗ)

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  9. #5
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    Providing service as an individual entrepreneur does not qualify as employing some one so it doesn't fall under this requirement.

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  11. #6
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    Quote Originally Posted by kanga View Post
    Providing service as an individual entrepreneur does not qualify as employing some one so it doesn't fall under this requirement.
    I spent quite a lot of time arguing with my client's lawyers about it, but that's how they read the law (hyper-cautiously) so I had the choice of losing work or letting them get on with it.

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  13. #7
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    Hiring full time employees with a labor contract gives the employee several important rights and involves payment of social taxes by the employer. The employer has to file a array of pesky documents to comply with Russian labor laws. Further, dismissing someone with such a contract can be complicated.

    I had a client who didn't want to give me a full time contract with the PRP, saying, inaccurately, that the filing regulations were onerous. The client in fact didn't want the cost and complexity of hiring me with an employment contract. He was cautious about the law as a smokescreen. I signed on with the simplified IP instead. This option gave me the option of being an agent, allowing me to do work for other clients.

    I'm sure experienced people making comments, such as RooRu, know all this. Perhaps it's useful for someone out there.

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  15. #8
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    Thanks guys for the answers. So it seems it’s the same requirements as Russians plus notifying FMS. I’m only talking to employers who offer white/official employment, so it shouldn’t be any more complicated for them.

    One employers has said I need a medical exam and proof that I can speak Russian. Where would I get the medical test done, the same place as for my TRP? Also no one has mentioned the language proof, is that a thing? Can I reuse the certificate needed for TRP, is TRKI acceptable? Or is this a made up requirement?

  16. #9
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    Unless it's a profession where you have to have a medical (food industry, medicine, beauty, etc.) then I'm not sure why there's a requirement for you to have one. Perhaps this particular company insists on tests for all potential employees. There are specific medical tests for professions where tests are mandatory and the employer should tell you what they are. If this is simply a company thing, you might try reminding them that you went through a whole series of tests to get TRP.

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  18. #10
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    Yeah, I think they are perhaps mixing up requirements for hiring people with a different kind of permit. Also it seems the company needs to be registered with the local FMS, is that right? Is that complicated?

  19. #11
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    I don't think they need to be registered, but they need to register the employment contract they have with you (see above). It's not complicated, as far as I know.

    Sounds like they're confusing you with a work permit/HQS hire, where they need to register to employ a foreign worker and (in the case of a non-HQS permit) obtain a quota. To get a work permit (and to renew it) people have to do medical and language tests (HQS hires are exempt from the language test). When hiring someone with TRP they don't have to do any of this. You are employed like a Russian citizen, but they have to register your employment contract and, presumably, it becomes void if, for some reason, your TRP is not renewed/you do not obtain PRP.

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  21. #12
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    The holder of a TRP and PRP has the same employment rights as an RF citizen. The only distinction is that the TRP holder can be employed in the city where he or she is registered to live. A PRP holder can work for any employer in Russia, anywhere. The employer does not need special registration to hire someone with a TRP. I confirmed this when I set up a Russian limited liability company and hired myself as a resident. The only requirement is registering the employment contract, not a complex procedure. The company is blowing smoke...they are dragging their feet by making up regulations that don't exist.

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