Is it possible to get a job without. Is it possible to get a job without a residence permit or by 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 touch on the following topics: Does the employer have the right to hire a citizen of the Russian Federation without registration? What is the threat to the organization of being hired without a residence permit?

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

Can I be hired without a registration?

To answer this question, it is enough to refer 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 opportunity to implement their labor rights... It also argues that no one can be limited in labor rights and freedoms depending on any factors not related to the business qualities of the employee. In the list of such factors, given in the article, the employee's place of residence is also present. 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 Labor Code, which directly mentions the employee's place of residence. For example, Article 64 of the Labor Code of the Russian Federation states that an unjustified refusal to employment contract is prohibited, and then there is a decoding of this prohibition. The decryption 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 advantages is not allowed depending on a number of circumstances, for example, depending on the place of residence. At the same time, the text of the article explicitly states that the presence or absence of registration at the place of residence or stay also cannot be used to restrict the rights or establish the benefits of an employee.

Let's 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. This list does not contain a document confirming the registration of an employee at the place of residence or at the place of stay. But the article prohibits the requirement from a person applying for work documents that are not provided for by the Labor Code, otherwise federal laws, decrees of the President of the Russian Federation and decrees of the Government of the Russian Federation.

What is the threat to the organization of being hired without a residence permit?

A common misconception about the illegality of hiring nonresident citizens (citizens without registration) is based on the still not completely forgotten legislation of the USSR, when such restrictions were actually applied. Currently, the normative legal acts that were in force during the Soviet era have been canceled.

As mentioned above, current legislature prohibits any restriction of labor rights and freedoms depending on the place of residence. According to the law, the employer not only has the right, but is also obliged to conclude an employment contract with any job seeker whose business qualities satisfy the employer, regardless of his place of residence or registration. Naturally, the current legislation does not provide for any penalties for organizations that employ citizens without registration.

Moreover, refusal to hire 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 June 25, 1993 N 5242-I "On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay 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 the employee's lack of registration, the 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).

For the sake of fairness, let us mention that violation of the registration rules may serve as a basis for bringing the employee himself to responsibility under Article 19.15 of the Administrative Offenses Code of the Russian Federation, because the responsibility for registration is vested in the citizens themselves.

Hiring a job 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, refusal to find a job due to the lack of a residence permit is a violation of the law and may entail administrative liability of the employer. At the same time, a citizen who violates the rules for registration and deregistration of citizens can also bear administrative responsibility.

Attached files

Employee application for employment (sample) .doc
Order (order) on the hiring of an employee for the main job (sample) .doc

Available to subscribers only

Employee application for employment (form) .doc
Order (order) on hiring an employee for the main job (form) .doc

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

Employers often require a registration stamp when hiring nonresident employees. The employer is interested in a loyal, honest employee and the presence of a residence permit when hiring 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 permanent registration for a position related to material assets... Often the employment 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 absence of a residence permit is not a basis for refusal to apply for a job.

The need for registration for Russians and labor migrants

Search suitable job- incentive to move to Big city or another country and labor migration has long become commonplace. Do you need it?

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

The need to take into account the movement of the population in the Russian Federation is due to the need government controlled... Mandatory registration, which existed in the past until 1992, has now been replaced by registration - a freer and more democratic form of registering citizens, and is the duty of a citizen.

It can be temporary or permanent and is obligatory for all, without exception, citizens of Russia, foreigners who come to the country for long term... The body that deals with the registration of the movement of citizens is the Federal Migration Service.

The procedure for registration at the place of residence for citizens Russian Federation defined by PP RF 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", "From Ruk to Ruki", etc.

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

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

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

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

For nonresidents who do not have registration in their passports, 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 the authorities, having qualifications in one of the popular vacancies, counting on good, high-paying job, any citizen can, and not only from Moscow.

Newspapers almost always require workers such as a driver, janitor, manager, cook, waiter, salesperson. Therefore, those for whom the goal of finding a job in Moscow is a priority should pay attention to this category.

Popular vacancies in Moscow - what professions the capital needs

The desire to sell, provide assistance and calculate income are the most popular activities chosen by residents of Moscow. However, on the other hand, such professions as sales manager, secretary and accountant are not only the most desirable vacancies, but also the most demanded 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, which 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 profession of a lawyer today is also quite in demand among women. Until recently, only the stronger sex applied for this position, and now - 57% of women.

Here is a list of vacancies in Moscow with - numbers - show the number of relevant ads.
There are a lot of free places in the fields of transport and logistics, in automotive business, in production.
The state service and top management clearly do not find their employees on bulletin boards, however, it is logical - there are not so many vacancies here.

How to find a job in Moscow - readers' stories

Editor's note: We've slightly edited the stories: errors, vocabulary.

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

The job is offered second-rate and is paid an order of magnitude lower than the local. I inherited the place of a loader in the supermarket "by inheritance" from a fellow countryman, while probationary period and put them on uncomfortable shifts all the time. After a while, I got used to it and moved on to the staff of the hall, but here I was helped by the Russian speech without an accent, but for many this is also a problem.

Much depends on the personality of the employer, good relationship with leadership - the key to career growth!

Work as a manager in Moscow

Evgeniy (recently graduated from university, manager): even before receiving my diploma, I began to monitor the job market and was sure that I would find a job without any problems. But having received the coveted document in my hands, I was disappointed. First thing on multiple sites, and lost two weeks waiting.

Then I began to look for suitable options among free vacancies on the same sites. Several times I got to dubious employment agencies, sometimes there were real enterprises, but the text of the announcement differed from the actually offered working conditions and salaries. A couple of times I even went to 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 at a capital university. As a result, my mother's friend took me to work, as it is strange for a metropolis, where labor force flows from all over the country and from abroad.

Hospital work

Katya (came from Saratov): The salaries of public sector employees in our country are uselessly small, but they also differ in different regions. In my native Saratov, I worked at 0.7 rates as a nurse and no improvement in my financial situation was not foreseen. Having heard stories about exorbitant earnings in private medical institutions in the capital, I decided to change my place of work.

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

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

Half a year later, with the help of the management at the expense of the hospital, I took the same courses and moved to the position of a nurse. The money is good by Moscow standards, but very large for the provinces. Now you have to work for three years in this hospital, and then you can try your luck in a private clinic.

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

Recruitment procedure

There is a standard procedure for hiring a new employee, which provides for the provision of certificates and certificates, interviewing an 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 of experience. So is it possible to hire 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 length of service

The form of work books, the rules for storing and maintaining them are regulated by the Decree of the Government of the Russian Federation No. 225 dated 04.16.2013. Consider possible cases of hiring without a document on professional activity, guided by the norms of the decree.

The work book for an employee who has just started his professional activity is drawn up by a specialist in the personnel department within one week from the date 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 the previous experience is entered into it on the basis of the concluded employment agreement.

If you lost your work book, 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 company must prepare a duplicate of the document, which the candidate will provide to the new employer. But if more than a year has passed since the loss, then the previous employer has the right to provide only a certificate confirming the fact of cooperation. Then the applicant transfers this certificate to the new employer, who can issue 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 he can also ask for reimbursement of expenses and moral damage (Article 234 of the Labor Code of the Russian Federation). The procedure often takes a long time, so it is best to make sure in advance that the new manager has the opportunity to wait.

Registration in the state on the basis of insurance certificate

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

If the employee did not provide a work book when hiring, and instead presents only an insurance certificate, then the employer has the right to demand from him a certificate from the previous place of service. Then the employee writes a statement with a request to issue a work book and indicating the reasons why it has not yet been completed. On the basis of this statement, the HR specialist substantiates the reason for applying to the staff without the main document on professional experience, and subsequently draws up it for a new employee.

In the cases we have considered, a document with information about professional activities is nevertheless drawn up after the admission procedure. But there are situations when it is possible to get a job without a work book in accordance with the letter of the law.

Special cases

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

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

The work record is kept in the personnel department at the main place of service. Therefore, with a part-time job, a contract is signed, and there is no need to make an entry in the document on professional activity. But at the request of the specialist himself, the part-time record can be filled out 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 does not have the right to make any entries in the employment record. In this case, the relationship is secured by a signed agreement, the conclusion of which must be notified to the authorities local government at the place of registration.

And the third option is employment without a work book under a civil contract. These contracts are usually for temporary or seasonal work, or for a specific project or task. Their validity period is limited. After completing one, you can, if necessary, issue the next.

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

As we said earlier, the work book is the main document for confirming the length of service and experience of the applicant. The HR specialist obligatorily requires the candidate to provide proof of professional activity.

If, when hiring, the employee did not provide a work book, 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 obliged to draw up a document for a new employee according to his application. Entries in a new work book can be made based on certificates from previous places employment, confirming the length of service and work experience of a citizen.

Pros and cons of working under a contract

For temporary or design work an entrepreneur most often draws up an employment contract with an employee without a work book, the so-called civil contract. It is convenient for the employer that there is no need to register a temporary employee on the 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 this kind of contracts. For example, they do not imply going on vacation, and in the event of illness or injury, the customer does not pay the employee for sick leave.

How to recruit. How to fill out personnel documents. What a list of documents: Video

It might be useful to read: