Do you need registration to work in Moscow?

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.

Is it possible to get a job without registration?

The entire employment process is regulated by the Labor Code of the Russian Federation. Thus, the Labor Code of the Russian Federation specifies the documents that an employer can require from a person hired by a company.

This:

identification document (passport);
SNILS;
work book;
documents on the education received and advanced training completed;
military registration documents.

Thus, among the items on the list there is not a single mention of the mandatory registration of the candidate.

The Labor Code of the Russian Federation also states that all citizens have equal rights in employment, and that place of residence should not become an obstacle or advantage in obtaining a position in a company.

The exception is foreign citizens. To be officially employed in Russia, they must be registered and also have a work permit.

But a citizen of the Russian Federation has the right to employment in any region of the country. That is, a person can have permanent registration in one subject of the country, but be officially employed in any other. But a citizen of the Russian Federation must remember that, while staying in a foreign region for more than 90 days, he is obliged to submit information to the local unit of the Ministry of Internal Affairs and obtain a certificate giving a legal basis for residence in a subject of the Russian Federation.

Read how to register in St. Petersburg for citizens of the Russian Federation. How to get a Schengen visa? Instructions here.

Does an employer have the right to require registration?

In accordance with the Labor Code of the Russian Federation, the presence or absence of registration is not a criterion when hiring a citizen of the Russian Federation:

Article 65 lists the documents that an employing company can require from an employee, and in that list there is no clause regarding registration; moreover, it states that it is prohibited to require other documents not from the list listed in the Labor Code of the Russian Federation.
Article 64 on the guarantees of a job seeker states that it is prohibited to restrict the rights of a job seeker depending on the address of residence (including whether or not the candidate has registration).
Article 3 on discrimination states that place of residence should not be a limitation on the right of a citizen of the Russian Federation to employment.

Thus, the requirement of registration on the part of the employer is an unreasonable measure, and the refusal to provide a vacancy only due to lack of registration can be appealed in court . But it is important to understand that the employment of a particular person is not the employer’s obligation; he has the right to hire any person most suitable for a specific position. Therefore, when resolving such issues through the court, it involves establishing the entire set of facts: the presence/absence of an invitation to work, correspondence with the employer, the validity of the refusal to work, etc.

A company can hire a person who actually lives in another city, but no one has canceled the requirement for mandatory registration at the place of residence for the applicant . But fulfilling this obligation is the concern of the applicant, and not the employer. For its part, the employing company can submit information about an unregistered citizen to the local unit of the Ministry of Internal Affairs. The mere fact of a person’s lack of registration should not become a reason for refusal of official employment.

Employment in Moscow

The legislative framework is the same for the entire country. That is, the package of documents that a Moscow employer has the right to require from a potential employee must strictly comply with the list of the Labor Code of the Russian Federation, where there is no mandatory condition for the candidate to have a residence permit. Thus, if an employer denies employment only due to lack of registration, then a citizen of the Russian Federation can appeal this decision in court.

But in fact, it turns out that since Moscow is a center of attraction for people not only from all regions of Russia, but also from neighboring countries, many employers simply do not want to complicate the functioning of the company, since the control of the registration regime in Moscow is more stringent than in the regions.

And after the first inspection, the Russian Ministry of Internal Affairs will easily identify a violation on the part of the employee, who will immediately be fined and who will be obligated to resolve the registration issue as soon as possible. In addition, employing a citizen without registration will greatly complicate the company’s interaction with tax authorities and the Pension Fund of the Russian Federation.

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 2020, 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.

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.

Features of employment

Hiring without registration has its own peculiarities, but they are minor. It is better to immediately notify your future employer about the absence of a stamp.

Nuances when applying for a job

When hiring a person without registration, difficulties arise mainly with foreign candidates. Problems concern Russians extremely rarely.

Interesting article: Peculiarities of changing the registration of an individual entrepreneur

Applicant actions:

Warn the employer that you do not have a residence permit if he offers to become a participant in the salary project.
If you are a foreigner, then warn that you have not yet registered temporarily (otherwise the employer will face a fine).

In relation to foreign citizens, the employer is obliged to check the legality of their stay in the country and the availability of temporary registration. He must carefully study the passport and migration card.

What is your registration?

Registration at the place of residenceRegistration at the place of stay

The exception is those arriving from the EAEU countries. They are not required to have a migrant card or residence permit.

Social guarantees for the employee

An employee without a registration stamp is entitled to social guarantees that are available to employees registered in the area of work.

The employee has the right to count on:

annual leave;
payment of sick leave and maternity leave;
all required compensation in case of sudden reduction or liquidation of the company;
payment of travel expenses;
social insurance.

The employer transfers the same contributions to social structures and the Pension Fund for all personnel.

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.

When is registration required?

If the applicant does not have any registration for a long time, then this is a violation of the law. According to the rules, you must register within a week after being discharged from another place.

Interesting article: Does registration affect obtaining a foreign passport?

Temporary registration is required:

if you plan to stay in another city/region for more than three months;
for foreigners who will receive a work permit (with the exception of Belarus and Kazakhstan).

That is, if a person comes to work in the northern region from the Volga region for 6 months on a rotational basis, he will have to obtain temporary registration. Otherwise, the employee will be fined, which will negatively affect his reputation in the organization.

Registration is also important if the salary is transferred to a bank card. All banks require a passport from clients and always check their 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.

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.