Is it possible to get a job without. Is it possible to get a job without registration or temporary registration, and how to do it in another city, not at the place of residence. Employment Process: Required Documents

In this article we will cover the following topics: Does the employer have the right to hire a citizen of the Russian Federation without registration? What threatens the organization hiring without a residence permit?

Quite often, people who do not have a residence permit at the place of the proposed work and are not going to register or arrange temporary registration are engaged in job search.

Can I hire without a residence permit?

To answer this question, it is enough to turn to the Labor Code of the Russian Federation. In fact, the answer is given at the very beginning of this voluminous document. Article 3 of the Labor Code of the Russian Federation states that everyone has equal opportunities to exercise their labor rights. It also states that no one can be limited in labor rights and freedoms depending on any factors not related to the business qualities of the employee. The list of such factors cited in the article also contains the place of residence of the employee. Therefore, when applying for a job, the place of residence cannot be considered as a criterion for the selection of candidates.

This is not the only article of the Labor Code that explicitly refers to the place of residence of the employee. For example, article 64 of the Labor Code of the Russian Federation states that an unreasonable refusal to conclude an employment contract is prohibited, and then this decryption is deciphered. Decoding practically repeats article 3 of the Labor Code of the Russian Federation. It says that when concluding an employment contract, any restriction of rights or the establishment of benefits is not allowed depending on a number of circumstances, for example, depending on the place of residence. Moreover, the text of the article expressly states that the presence or absence of registration at the place of residence or stay cannot be used to limit the rights or establish the benefits of the employee.

We go further. Article 65 of the Labor Code of the Russian Federation establishes a list of documents that a person must present to the employer when applying for a job. There is no document in this list confirming the registration of the employee at the place of residence or at the place of stay. But the article prohibits the requirement on the person entering the work for documents that are not provided for by the Labor Code, other federal laws, decrees of the President of the Russian Federation and resolutions of the Government of the Russian Federation.

What threatens the organization hiring without a residence permit?

A frequently encountered misconception about the illegality of hiring nonresident citizens (citizens without a residence permit) is based on the legislation of the USSR that has not yet been completely forgotten, when such restrictions were actually applied. Currently, normative legal acts in force during the USSR have been canceled.

As mentioned above, current legislation prohibits any restriction of labor rights and freedoms depending on the place of residence. According to the law, the employer is not only entitled, but also obliged to conclude an employment contract with any applicant whose business qualities satisfy the employer, not taking into account his place of residence or the availability of a residence permit. Naturally, the current legislation does not provide for any penalties for organizations that hire citizens without registration.

Moreover, the refusal to accept a job due to lack of registration violates the rights of a citizen guaranteed by the Constitution of the Russian Federation, the Law of the Russian Federation of 25.06.1993 N 5242-I “On the right of citizens of the Russian Federation to freedom of movement, choice of place of residence and residence within the Russian Federation” and the Labor Code of the Russian Federation. In this regard, in case of refusal to conclude an employment contract due to a lack of a residence permit for an employee, an employer may be held liable for violation of labor and labor protection legislation (article 5.27 of the Code of Administrative Offenses of the Russian Federation).

In fairness, we mention that a violation of the registration rules can serve as a basis for holding the employee accountable under article 19.15 of the Administrative Code, because the responsibility for registration is vested in the citizens themselves.

Employment without registration: conclusions

Based on the above facts, only one conclusion can be drawn: the lack of registration at the place of residence or stay (lack of registration) cannot be an obstacle to the employment of citizens. Moreover, the denial of employment due to lack of registration is a violation of the law and may entail the administrative liability of the employer. At the same time, a citizen who violates the rules of registration and deregistration of citizens may also bear administrative responsibility.

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The question of whether it is possible to get a job without registration sometimes arises in difficult life circumstances: forced relocation, divorce, flight from military operations.

Employers often require registration stamps when hiring nonresident employees. The employer is interested in a loyal, honest employee and the presence of a residence permit when applying for a job in the passport of a future employee is assessed as a sign of trustworthiness and law-abidingness. Sometimes the employer wants to play it safe and refuses to officially hire a person without a permanent residence permit for a position related to material values. Often, the registration of citizens with temporary registration is the unspoken policy of the company.

This is illegal, according to Art. 64 of the Labor Code of Russia, the lack of a residence permit is not the basis for refusing to hire.

The need for registration for Russians and labor migrants

The search for a suitable job is an incentive to move to a big city or another country and labor migration has long been a habitual phenomenon. Is it necessary?

Russians from small depressed towns are trying to find a job in another city, citizens of the countries of the former USSR come to Russia in search of a suitable job.

The need to take into account population movements in the Russian Federation is determined by the need for public administration. Obligatory registration that existed in the past until 1992, today is replaced by registration - a freer and more democratic form of registration of citizens, and is the responsibility of the citizen.

It is temporary or permanent and is mandatory for all citizens of Russia, foreigners who come to the country for a long period without exception. The body that takes into account the movement of citizens is the Federal Migration Service.

The procedure for registration at the place of residence for citizens of the Russian Federation is determined by the RF PP No713.

Finding a job in a metropolis like Moscow is not so difficult. First of all, it is necessary to study vacancies in newspapers such as “Work and Salary”, “Hand to Hand”, etc.

It is much more difficult to decide where you really want to work: on the street, in the office, at the factory near the machine or at the computer.

It is from the choice that earnings will depend. In addition, earnings depend on knowledge and the ability to properly present oneself.

Is it easy to find work in Moscow? For young, hardworking and active people who have a great desire to work and strive for this - nothing is impossible, even taking into account their schedule.

It is important to learn for yourself that you should not have high hopes for easy money.

For nonresidents who do not have a registration in their passport, for example, earnings will be much lower than for citizens who have such a document.

Nevertheless, this is not a fact yet - having the qualities and skills required by superiors, having the qualifications in one of the most popular vacancies, any citizen, and not only from Moscow, can count on a good, well-paid job.

Newspapers almost always require workers such as a driver, a janitor, a manager, a cook, a waiter, and a salesman. Therefore, for those for whom the goal: to find work in Moscow is a priority, it is worth paying attention to this category.

Popular vacancies in Moscow - what professions the capital needs

Desires to sell, provide assistance and calculate incomes are the most popular occupations that residents of Moscow choose. However, on the other hand, such professions as a sales manager, secretary and accountant are not only the most desirable vacancies, but also the most sought-after vacancies among employers, on the other hand, demand creates supply.

One of the five most popular vacancies in Moscow was the vacancy of the secretary - clerk, who took first place in this list. Oddly enough, 100% of applicants who apply for this position are female.

Today, the list of the five most popular professions in Moscow looks like this:

Secretary - 15 thousand vacancies
Sales Manager - 13 thousand
Accountant - 11 thousand
Seller - 7 thousand
Lawyer - 6 thousand

Finding a job with one of these specialties in Moscow is not difficult.

It is easy to see that among these vacancies are typically female professions. And even the legal profession is also quite in demand among women today. More recently, only the stronger sex applied for this position, and now - 57% of ladies.

Here is a list of jobs in Moscow with - numbers - show the number of current ads.
A lot of empty seats in the fields of transport and logistics, in the automotive business, in production.
The state service and senior management find their employees clearly not on bulletin boards, however, it is logical - there are not so many vacancies.

How to find a job in Moscow - readers' stories

Editor’s note: we slightly edited the stories: errors, vocabulary.

Timur (came from Uzbekistan): although they say that only visitors work in Moscow, it is very difficult to find work without registration. Education, skills, work experience, personal qualities, all this ceases to interest the employer when he learns that you came from Uzbekistan.

They offer second-rate work and are paid an order of magnitude lower than local ones. I got the place of a loader in the supermarket “by inheritance” from a fellow countryman, at the same time they took me with a trial period and put me all the time in uncomfortable shifts. After a while I got used to it and moved to the hall workers, but here Russian language without an accent helped me, and for many this is a problem.

Much depends on the personality of the employer, a good relationship with management is the key to career growth!

Work as a manager in Moscow

Eugene (recently graduated from university, manager): Even before graduation, he began to monitor the job market and was sure that I would find a job without any problems. But having received the coveted document, he was disappointed. First thing on several sites, and lost two weeks on hold.

Then he began to look for suitable options among the free vacancies on the same sites. Several times I came across dubious employment agencies, sometimes there were real enterprises, but the text of the announcement was different from the actual proposed working conditions and salary. A couple of times I even went for an interview, but to no avail.

Without work experience, it is impossible to get a job with decent pay, and gaining experience for a penny is not at all the prospects that I outlined for myself, studying for five years in a metropolitan university. As a result, my mother’s girlfriend took me to work, which is somehow strange for a metropolis where labor flows from all over the country and from abroad.

Hospital work

Katya (came from Saratov): salaries of budget workers in our country are insignificantly small, but they also vary in different regions. In my native Saratov, I worked at a 0.7 nurse rate and no improvement was expected in my financial situation. After listening to stories of sky-high earnings in private medical institutions of the capital, I decided to change my job.

But no one was waiting for me in Moscow. An old medical college diploma was not enough to match the vacancy, qualification confirmation courses were required. But in the city hospital there was a vacancy for a junior medical worker, a nurse, simply put. Work may not be so prestigious, but the salary for 8 shifts per month is more than 20 shifts before lunch in Saratov.

With the permission of the management, I switched shifts and worked two days after six. I rented an apartment in the region and went home once a month.

After half a year, with the help of management at the expense of the hospital, she passed the very courses, and transferred to the post of nurse. The money is good by Moscow standards, but it’s very big for the province. Now three years must be worked out in this hospital, and then in a private clinic you can try your luck.

According to Art. 66 of the Labor Code of the Russian Federation, the work book is the main document on the professional activity and length of service of a specialist. With its help, the leader is easiest to find out the real experience of the candidate. But not always the applicant has the opportunity to provide it to the employer. Consider how to get a job without a work book, taking into account different circumstances: in what situations is this permissible and in which not.

Hiring procedure

There is a standard procedure for hiring a new employee, which provides for the provision of certificates and certificates, conducting interviews with the applicant, writing applications, concluding a contract, and preparing job descriptions.

Of course, the list of documents required for employment includes a work book (Article 65 of the Labor Code of the Russian Federation). But sometimes the applicant cannot provide it. If this is the first place of service, accordingly, he does not have a document on his experience. So can one be hired without a work book if the candidate already has professional experience? This will be discussed further.

Registration in the state without a document confirming the experience

The form of work books, the rules for their storage and maintenance are regulated by the Decree of the Government of the Russian Federation No. 225 of 04.16.2013. Consider possible cases of hiring without a document on professional activity, guided by the rules of the regulation.

A workbook for an employee who has just begun his professional activity is executed by a specialist in the personnel department within one week from the date of conclusion of the agreement.

It happens that the applicant is not the first place of service, but there is no document confirming the length of service, because before that he worked under a contract with an individual. Then the personnel service also draws up a work book for the first time, and information about previous experience is entered into it on the basis of a concluded employment agreement.

If a work book is lost, how to get a job in such a situation? In this case, the employee should contact the organization of the last duty station with a written statement of loss. Within 15 days, the authorized representative of the enterprise must prepare a duplicate of the document that the candidate will provide to the new tenant. But if more than a year has passed since the loss, the previous employer has the right to provide only a certificate confirming the fact of cooperation. Then the applicant passes this certificate to the new employer, who can draw up a duplicate on its basis.

There are situations when, upon dismissal, the employer does not give the work book to the employee, arguing this with unsigned workarounds or other reasons. It is illegal. Therefore, the owner of the document can go to court, where they also ask for reimbursement of expenses and moral damage (Article 234 of the Labor Code of the Russian Federation). Often the procedure takes a long time, so it is better to make sure in advance that the new leader has the opportunity to wait.

Registration on the basis of an insurance certificate

It happens that the applicant was not formalized, and performed only temporary work. But he has an insurance certificate, which was issued to him by one of the temporary employers. What should a specialist in personnel services do in such a situation?

If an employee has not provided a work book upon hiring, and in return only shows an insurance certificate, then the employer has the right to request a certificate from his previous place of service. Then the employee writes a request to draw up a work book and indicating the reasons why it has not yet been completed. Based on this statement, the personnel department specialist substantiates the reason for applying for a state without a basic document on professional experience, and subsequently draws it up for a new employee.

In the cases considered by us, a document with information about professional activity is nevertheless drawn up after the admission procedure. But there are situations when it is possible to get a job without a work book according to the letter of the law.

Special cases

There are several legal opportunities for cooperation without making entries in the work book. We list them all, then consider each in detail:

part-time;
an employer is an individual who is not an individual entrepreneur;
signing of a civil law contract.

The work book is kept in the personnel department at the main duty station. Therefore, when part-time, a contract is signed, and entries in the document on professional activity can be omitted. But at the request of the specialist, the part-time record can be filled in by the main employer on the basis of a supporting document - an employment agreement.

If the employer is an individual who does not have the status of an entrepreneur, then he is not entitled to make any entries in the labor. Relations in this case are fixed by a signed agreement, the conclusion of which must be notified to local authorities at the place of registration.

And the third option is employment without a work book under a civil law contract. Such contracts are usually concluded for temporary or seasonal work, as well as for the implementation of a specific project or task. Their validity period is limited. Upon completion of one, if necessary, you can arrange the following.

The procedure for applying for a candidate without a document confirming the length of service

As we said earlier, the work book is the main document to confirm the length of service and experience of the applicant. A specialist in the personnel department requires the candidate to provide proof of professional activity.

If the employee did not provide a work book upon hiring, then the personnel officer has reason to require him to request a duplicate from the previous employer.

When this is not feasible, the personnel officer is required to draw up a document for a new employee in accordance with his application. Entries in the new workbook can be made on the basis of references from previous places of employment, confirming the seniority and experience of the citizen.

Pros and cons of contract work

For temporary or project work, an entrepreneur most often draws up a contract of employment with a worker without a work book, the so-called civil law contract. It is convenient for the employer in that you do not have to fill out a temporary employee on staff. And the employee himself gets a free schedule and the opportunity to cooperate with other customers, if there is enough time.

However, there are negative aspects to such contracts. For example, they do not involve going on vacation, and in the event of illness or injury, the customer does not pay the sick leave for the employee.

How to hire. How to fill out personnel documents. What is the list of documents: Video

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