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Registration of Foreign Citizens on the Territory of the Russian Federation

Regarding the notification of the conclusion/termination of an employment contract with a foreign citizen

21.02.2019

In judicial practice of the Supreme Court of the Russian Federation there was a practice on the case of the mistakes that were made in the notification upon the dismissal of a foreign citizen.

The Supreme Court of the Russian Federation agreed with a penalty for mistakes in the notice of dismissal of a foreign citizen,  despite the fact that the company transferred on time to the territorial body of the Ministry of Internal Affairs information regarding the termination of the employment contract with the foreign worker

However the employer made several mistakes in the notification for which it was fined.   The employer appealed the punishment and the matter was brought before the Supreme Court of the Russian Federation. The court did not recognize the violation as insignificant and agreed with punishment: "The notification of dismissal of the foreign citizen does not comply with the established form, so the company did not fulfil its obligation for notification and thus should be fined for it."

We would like to remind you that if a legal entity does not notify or incorrectly notifies the hiring or dismissal of a foreign employee, it will be fined from 400 thousand to 800 thousand rubles, or administrative suspension of activity for a period from 14 to 90 days.

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