People who do not have permanent or temporary registration are wondering whether they have the opportunity to get a job. The same problem worries employers regarding their employees. The legislation of the Russian Federation spells out many nuances that regulate the procedure for finding a job for a citizen without temporary or permanent registration. In order not to get into an unpleasant situation and not to break the law, you need to familiarize yourself with the procedure for carrying out such a procedure and the punishment for violating it.
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.
Employment without registration or with temporary registration, law
The main regulatory act that regulates the procedure for carrying out labor activities is the Labor Code of the Russian Federation.
It directly establishes that the employer is obliged to hire a citizen without registration (both permanent and temporary). In fact, the process of employment and hiring a person directly depends on the place of his stay and residence indicated in the passport.
Of course, it is more profitable for the employer to hire an employee who lives at the location of the workplace in order to avoid delays, transfers, etc.
Refusal to conclude an employment contract with an employee on the grounds of lack of permanent or temporary residence at the place of work is illegal.
In addition to the Labor Code, the regulator of this issue is the resolution of the plenum of the Supreme Court. Of course, this act does not have the force of law, but the courts, when making their decisions, use exactly the recommendations that the plenum established.
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.
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About registration
To begin with, I would like to note that a person who does not have the appropriate mark on his place of residence in his passport can always obtain a document such as temporary registration. And working in a prestigious position in a large company will become a reality.
To put it more correctly, this option is called registration at the place of residence. It is issued to citizens who change their place of residence for more than 90 days.
What is she? This is a certificate in which the person’s personal data is noted, as well as the address where he lives. No stamps are placed on the passport. This is the fundamental difference between temporary registration and permanent registration.
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.
Nuances of the process of hiring an employee without registration
In the Russian Federation there is a regulated procedure for hiring a new employee. To do this, he needs to prepare a document that confirms his identity and a package of certain papers. The employer has the right to request the following documents from a future employee:
- SNILS;
- military ID;
- passport;
- work book;
- confirmation of the required level of qualifications.
This list of documents does not say anything about mandatory registration. It can be of two types:
- constant;
- temporary (can be issued for a period from 3 months to 5 years).
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.
Is it possible to get a job in a new city without temporary registration?
When moving, applicants for open vacancies often wonder whether it is possible to get a job without registration in the new city. Very often, employers begin to require potential employees to have temporary registration at their place of residence. But they have no legal grounds for this. The Labor Code of the Russian Federation contains a list of papers that must be submitted for official employment.
This list of documents is closed, which means that the employer can change it by removing a couple of papers. But, at the same time, he does not have the right to expand this list. It is worth considering that it does not include the presence of paper confirming temporary registration.
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.
Employment in Moscow, pitfalls
Citizens, in accordance with Russian legislation, have the right to move freely throughout the territory of our country. To do this, you do not need to obtain temporary registration in each city of residence, including Moscow.
Of course, employers are reluctant to hire people without registration. This is due to the fact that an employee can disappear at any time, which will negatively affect the activities of the organization. This is especially applicable to situations where employees occupy a high position or are financially responsible.
For employment in Moscow for lower positions, as a rule, registration is not required. Migrants who do not have the necessary documents are often hired, as they are cheap labor. However, by hiring people unofficially, the employer and employee risk facing many difficulties, so this is not recommended.
Many companies in Moscow prefer to hire Muscovites. Analyzing judicial practice, we can come to the conclusion that cases in court regarding refusal of employment due to lack of registration are considered quite often. As a rule, courts practically do not make positive decisions on these disputes. This is due to the fact that it is almost impossible to prove the true reasons for the refusal. Not a single employer directly refers to this reason.
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.
Where to file a complaint?
So, if a person who was interested in a job without registration in his passport attended an interview, but was given a job there without even paying attention to the fact that he knows the law and refers to Article 64 and 65, he has every right to open a labor dispute.
This is done through the courts. All requirements for the claim, as well as the list of documents necessary to present to the court, are provided for in Articles No. 131 and No. 132 of the Civil Procedure Code. The application must be submitted in writing. It must indicate:
- Name of the court.
- Details of the plaintiff and defendant (including the location of the organization).
- Description of the violation of rights.
- Circumstances giving rise to the claim.
- The cost of the claim (in this case, the requirement to conclude an employment contract).
We also need documents that are important for the consideration and resolution of the case. The plaintiff's petition will also need to be attached.
Documents to be presented upon employment
Finally, it is worth identifying the list of documents that the applicant must submit when applying for a job. Here's what it includes:
- Passport or other document confirming the identity of a citizen.
- Employment history. But this is only if hiring is carried out for the first time. A person who officially has no experience is issued a work book by the employer.
- SNILS.
- Document on receipt of education.
- For men - military ID.
Some employers do not require compliance with the penultimate paragraph. But this nuance depends on the specifics of the enterprise and its activities. Otherwise, there are no exceptions.
