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Fines for employing foreign workers: offences and amounts

The amounts are counted per person, not per inspection. Here are the main offences and the three situations that catch companies that never intended to break the rules.

Fines for breaches in foreign hiring are structured so that the total grows linearly with headcount. That is the main thing to understand: the "up to a million roubles" in the headlines is per person, not per inspection.

The main offences

OffenceArticleFine on a company
Engaging a foreign national without a work permit or patentArt. 18.15(1)250,000 – 800,000 ₽ per worker, or suspension for 14–90 days
The same in Moscow, St Petersburg, Moscow and Leningrad OblastsArt. 18.15(4)400,000 – 1,000,000 ₽ per worker, or suspension for 14–90 days
Failure to notify the authorities of a contract or its terminationArt. 18.15(3)up to 1,000,000 ₽, or suspension for 14–90 days
Exceeding the permitted share of foreign workersArt. 18.17(1)800,000 – 1,000,000 ₽, or suspension for 14–90 days

Work it through on an example. A crew of eight with lapsed patents on a site in Moscow Oblast is eight separate offences under Article 18.15(4). At the lower bound of 400,000 roubles that exceeds 3 million; at the upper bound, 8 million. And for an operating construction site a 90-day suspension is usually more expensive than any fine.

Three situations that catch conscientious companies

A lapsed advance payment on a patent. A patent is valid exactly up to the date covered by the worker’s fixed advance income-tax payment. Miss the payment and the patent is void — from that day the person is working unlawfully, even though the document in their hand still looks valid. The company finds out at inspection.

The region or trade on the patent does not match the actual work. A patent is only valid in the region that issued it. A worker with a Moscow patent on a site in Kaluga Oblast is a violation, even with payments up to date.

A missed notification deadline. The authorities must be notified of the conclusion and the termination of a contract with a foreign national within three working days. The window is short and the exposure is up to a million roubles.

How to take the risk off yourself

There are exactly two ways, and both come down to your company not being the employer. Under outstaffing the workers are employed by an accredited private employment agency: it checks documents, keeps records, files notifications and answers to inspectors. Under outsourcing you buy output, and the contractor’s people never appear in your reporting.

The caveat: a client is not released from due diligence. Request the provider’s accreditation, copies of the crew’s documents and confirmation of notifications — exactly the pack a conscientious contractor always has to hand.

See also

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