Is it possible to get a job without registration?

Employment without registration: what the law says

An unequivocal answer to the question of whether registration is mandatory for citizens of the Russian Federation when applying for a job was given in Resolution of the Plenum of the Supreme Court dated March 17, 2004 No. 2, which determined that “an employer’s refusal to conclude an employment contract with a person who is a citizen of the Russian Federation , due to his lack of registration at the place of residence, stay or at the location of the employer, is illegal, since it violates the right of Russian citizens to freedom of movement, choice of place of stay and residence, guaranteed by the Constitution of the Russian Federation.”

This position of the Supreme Court, which limits the right of the employer to require the applicant to register at the location of the enterprise, is based on the provisions:

• Article 27 of the Constitution of the Russian Federation, which guarantees citizens freedom of movement and choice of place of stay;
• Article 1 of the Law of the Russian Federation No. 5242-1 of June 25, 1993 (as amended on April 3, 2017) “On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation”;
• Part 2 of Article 64 of the Labor Code of the Russian Federation;
• Article 65 of the Labor Code of the Russian Federation.

The essence of the provisions of these legislative acts regulating the procedure and requirements for the employment of citizens boils down to the fact that a citizen of the Russian Federation:

• has the right to:

- move freely throughout the territory of Russia,

- independently determine his location and place of residence, and regardless of which region of the Russian Federation he is registered/registered in, exercise his right to work at his place of actual residence;

• must:

- provide during employment only those documents that are included in the list defined by the Labor Code (Article 65 of the Labor Code of the Russian Federation)

However, while limiting the rights of employers in refusing a vacancy to a citizen registered in another region, the law is categorical towards applicants who do not have temporary or permanent registration at their place of residence - it is necessary to register within 90 days. Registration is not required if the place of residence where the person is registered and the new place of stay are in the same subject of the Russian Federation (Parts 1, 2, Article 5 of Law No. 5242-1). An applicant who does not have registration at the place of residence must remember that, in accordance with the provisions of paragraph 1 of Article 19.15.1 of the Code of Administrative Offenses of the Russian Federation, he bears personal administrative responsibility, which provides for the imposition of a fine in the amount of 2 to 3 thousand rubles.

Is it possible to get a job without registration and registration in your passport?

The legislation of the Russian Federation stipulates that all citizens planning to live outside the region where they have permanent registration for more than 90 days are required to have a temporary registration at a new address. This is necessary so that the Ministry of Internal Affairs can easily control migration in the country.

However, people do not always move to another city after taking care of registration, because they simply do not want to deal with the paperwork. This is entirely their responsibility, which is fraught with administrative punishment in the form of a fine, but the lack of such registration cannot be the reason for refusal to hire.

So, if a potential employee does not have a residence permit, but is registered in another region of the country, the employer is obliged to sign an employment contract with him.

Refusal in this case can only be for the following reasons:

• insufficient experience in a certain field;
• minority and retirement age;
• disability;
• the presence of dismissals under the article, etc.

But is it possible to get a job without registration and temporary registration? In accordance with the law, any person with Russian citizenship has the right to work and move freely around the country, regardless of registration.

The lack of permanent registration or registration in the region of the locality where the enterprise is located cannot be a reason for dismissal or hiring of an employee for a specific position.

Also, the law stipulates that employment is possible even with only temporary registration. So, for example, if an applicant does not have registration, but has a mark about his place of residence, refusal to hire him will be a gross violation of his rights

. In addition, having a registration, a person is exempt from administrative liability, which applies to citizens who do not have registration.

Employer problems

At the same time, despite the fact that labor law clearly establishes that employment without registration is carried out in the same way as if the applicant had registration at the place of location of the enterprise, for the employer the employment of an employee without registration can be problematic, and this is primarily due to with tax reporting.

In the fundamental legislative acts that guide business entities regarding the employment of citizens without registration at the location of the enterprise, an ambiguous situation arises - a conflict of legal norms.

On the one hand, the employer does not control and is not responsible for the registration of his employee or applicant for a vacancy, and on the other hand, if it is not available at his location, he cannot fulfill the mandatory requirement for filing tax reports, since some reporting forms contain a column , which must indicate the employee’s registered address.

At work

Is registration really important or not?

Registration at the place of work on the basis of the legislation of the Russian Federation is optional, therefore the latter does not have the right to make any claims on this issue.

Due to the fact that in Art. 3 of the Labor Code of the Russian Federation prohibits discrimination in the field of labor relations due to place of residence, and Art. 64 directly reflects the illegal actions of the employer in case of refusal, then the applicant should not worry about the lack of registration at the location of the company in which he plans to work.

Recommendations for reporting

Since the ban on refusal of employment due to lack of registration at the employee’s place of residence puts the employer in an ambivalent position, special care should be taken when preparing reports for such employees.

In this situation, the following actions of the employer are possible:

• In the employment contract signed with the employee when hiring him, as well as in personal accounting documents, the address of his actual residence should be indicated, making a special footnote in the document “According to the employee.”
• When filling out reporting forms submitted to regulatory authorities and containing information about the address of an individual (for example, 2-NDFL), if the employee does not have temporary registration at the place of residence, the address columns should be filled out, indicating the place of permanent registration of the employee (according to data from his passport).
• If there is no temporary registration, and the employee is discharged at the place of permanent registration on the date of drawing up the report, you can enter the address of his previous permanent registration indicated in the passport in the report. If you have temporary registration and do not have a permanent one, you can indicate the address of your temporary place of residence.
• If there is no information about permanent registration in the passport at all, and there is no temporary registration, the address column cannot be left empty - such a report will not be accepted, because it will not pass verification, and it will not be possible to generate it electronically. In this case, a report without indicating the employee’s address will have to be submitted only in “paper” form, attaching a letter with a request to accept the reporting on paper, and with an explanation of why the line about the address of a citizen of the Russian Federation is not filled in - due to the lack of temporary and permanent registration. As confirmation, you must attach photocopies of the first five pages of the employee’s passport, incl. and a blank page about registration. When the employee is registered, it is necessary to submit an updated report with information about the place of residence included in it.

Rules for hiring according to the Labor Code of the Russian Federation

Hiring and relations between the parties are regulated by the norms of the Labor Code. It tells everything about the work standards for persons with Russian and foreign passports.

The question of whether it is possible to get a job without registration worries not only the applicants themselves, but also the personnel department workers. Most often, they try to deny such citizens positions, however, such a refusal is considered unlawful by law.

Let us turn to the third article of the code in the modern edition. It covers the issue of discrimination in the world of work, which clearly states that a Russian citizen does not have the right to be denied employment due to the lack of temporary registration.

Let's give a real example. A person registered in the provinces comes to the capital in order to find a well-paid job. Already at the stage of preliminary requirements, the employer asks him to present temporary registration in Moscow. This is a violation of the law on the part of the employer.

It is also worth paying attention to Article 64 of the Labor Code, according to which refusal to conclude an employment contract on the basis of the lack of both permanent and temporary registration is interpreted as a restriction of the rights of citizens . Based on all of the above, we can conclude: an employer does not have the right to refuse employment to a person due to the absence of a stamp in the passport with an address or a certificate with a temporary “registration”.

List of documents when applying for a job without registration

A person who needs a job should be no less familiar with the law than his potential employer. In addition to the above standards, labor legislation also contains information on employment procedures. A list of required documents is also listed here. To prevent future employees from being asked to do things that are not on the list, we list them:

• Identity document.
• Certificate of pension insurance (SNILS).
• Work record (if this is not your first place of work).
• Diploma or certificate.
• Military ID or registration certificate.

The most important document on this list is the civil passport. Without it, employment is basically impossible.

Consequences

Let's consider the possible consequences for the parties if the employee does not have official registration (you can find out what to do when there is no registration and where you can register here).

For the employer

1. Difficulties in preparing employee documents.
2. Difficulties when working with employee tax reporting.

An employer who hires a citizen of the Russian Federation without registration does not bear any responsibility.

For employee

• If the migration service determines that there is no registration, the citizen will need to pay a fine of up to 5,000 rubles (read about how long you can stay without registration and what is the responsibility for violating the rules and delays).
• The employee will not be able to receive personal income tax contributions, and this will affect the size of the future pension.
• Difficulties in finding an appropriate position due to the reluctance of employers to employ an employee without registration.

An applicant has the right to get a job without registration , and the employer has no right to refuse him. The exception is civil servants; having a permanent residence permit is an important factor for them. Also, persons who are not citizens of the Russian Federation must obtain a temporary registration upon employment and a work permit. A citizen can challenge an employer’s refusal to provide employment through a judicial authority.

Required documents

To visit the registration authorities you will need the following package:

1. Identification.
2. Statement.
3. A document confirming the presence of a person in a given area, for example, a rental agreement.

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A package of papers can be presented through the State electronic portal. services. Fill out the application and attach copies of all required documents.

After that:

• papers are transferred to the accounting authorities within three days;
• registration actions are carried out at the place of residence;
• A note is made in the passport or a certificate is issued for children under 14 years of age.

You can notify the relevant authorities of your location by email.

The validity period of the registration is determined by agreement between the tenant and the owner of the property or members of his family, with the owner of the partnership.

The administration of institutions must provide information about the registration of a citizen at his place of residence.

If a person registers at a temporary address, his permanent registration is not cancelled.

For foreign citizens, everything is decided differently; Article No. 3 of the Labor Code does not apply to them. They need to obtain a work permit and be sure to obtain a temporary registration. To come to Russia to work, migrants need a visa. The collection of documents and registration should be done in advance even before leaving your country.

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