According to the federal law of Russia on education, a student can combine education with work without consequences for education. Indeed, many students start working in organizations during their studies, and international students are no exception.
In the usual case, in order to attract Chinese citizens to work, the employer must obtain a work permit, the employee must obtain a work permit.
To attract students to work these permits does not require, the procedure becomes simpler and cheaper, so this means that the solution pays a state fee of 10,000 rubles and 3,500 rubles, this does not require the cost of legal services, and it also takes a lot of time to issue permits – at least 2 months.
Our law firm will help you properly register a foreign student and avoid unnecessary questions and fines. We have been working on migration disputes for more than 10 years and have enough experience and positive feedback.
For a simplified procedure for hiring a foreign student, several conditions are necessary:
- Foreign student on full-time education;
- The educational institution has state accreditation;
- A foreign student will work in his free time or during holidays. The main thing is that the work does not interfere with the educational process.
If a foreign student does not fall into such a privileged category, then he is registered as an ordinary foreign worker. You can read about the procedure for registering a foreign worker in an organization in the article at the link.
In this article, we will talk about this category of students who can be recruited in a simple manner.
The procedure for applying for a foreign student to work
At present, according to the statistics of the Ministry of Education and Science, about 300,000 foreigners are studying in 688 Russian universities. Many of them are students from the People’s Republic of China.
Let’s say you are an organization and you need a worker with knowledge of the Chinese language and no work experience. A foreign student is a great option, in addition, the registration procedure is simpler.
Let’s first talk about the new rules of the law in 2023. They will influence the registration of a foreign student and an employment contract with him.
This year, students can obtain a temporary residence permit. To do this, a foreigner must enroll in full-time education, according to a curriculum that has a state license, an educational institution must also have a license.
Temporary residence permit is given for the entire period of study and another 180 days. And if a foreign student is transferred to another higher educational institution, he notifies the Ministry of Internal Affairs.
Step 1 Checking the details of an international student from China.
First of all, ask for a passport or identity document.
You can request information about an international student’s previous employment. If he has already worked in Russia, then this will be an electronic work book, and if abroad, then a foreign work book. The employer cannot enter new information into it.
With China, Russia has a visa regime, which means that the organization must ask for a visa. The purpose of entry into Russia in the visa must be written “training”. Then you should find out if the student has issued a temporary residence permit. If yes, request it.
Further, the organization needs information about the higher educational institution of a student from China, for this you need to request:
- Certificate of study (It contains the terms of study, form of study, educational program);
- License of a higher educational institution;
- State accreditation of the educational program.
In addition, the student must provide information about his schedule, and the organization must create the right schedule for him so as not to interfere with the learning process.
The organization must remember about the migration registration documents. Usually an educational institution deals with them, however, if this is not done, then the employer should do it.
It is important to remember that, unlike citizens of the Russian Federation, who can work from the age of 16, foreigners can only work from the age of 18, so you need to check the age of a student from China. If not 18, then it is better to wait until the student turns 18 so that there are no disputes.
After concluding an agreement with a foreign student, the company must notify the Ministry of Internal Affairs of this no later than three days. This is a very important point. for failure to comply with the form of notification or the deadline for submission, a fine of 400,000 rubles may be imposed.
It is necessary to contact the relevant territorial body of the ministry. The notice has several requirements. Firstly, there is a separate notification for each attracted foreign student. The document can be submitted in written or electronic form with an enhanced qualified signature. The notice must be in Russian, in legible handwriting.
No military records required. Foreign citizens do not serve in the Russian army.
⇒ Do not worry about the fact that a student from China is studying in another subject of the Russian Federation. The law permits such a situation, unlike a regular work permit, which is valid only in one subject.
Also, from 2023, the obligation to obtain a voluntary health insurance policy for a foreigner has been shifted from the employer to the foreigner himself. He will also pay fines for the lack of a document.
Step 2 We conclude a contract with a student from China.
There are several differences from concluding a contract with an ordinary foreign worker. First of all, this is the term of the contract. The contract is terminated from the moment the order is issued in the educational institution of the order to expel the student. This can be both with the successful completion of a higher educational institution, and with an early institution.
If the student has a temporary residence permit, then the organization must indicate the details of the permit. When the license expires, the contract ends.
There are rarely situations when a foreign student is attracted as a highly qualified specialist.
For example, a graduate student already has the necessary skills and knowledge and is employed by an organization as a specialist.
In this case, the contract must contain information about the voluntary medical insurance policy or medical support for the employee during work.
Also, the employer must notify the Ministry of Internal Affairs about absenteeism of a foreign student.
Organizations need to constantly check whether a foreign student is enrolled in an educational institution. In the event that a foreign citizen has completed or stopped studying at a vocational educational organization or has been expelled, the employment contract or civil law contract must be terminated.
When terminating the contract, we also notify the Ministry of Internal Affairs in the same format.
Step 3 We draw up documents for the work of a student from China
If this is the first job in Russia for a student from China, then the organization draws up:
- Employment book in electronic form;
- Insurance number of individual personal account ;
- Order to start work.
Company liability for violation of the law
It is important to approach the registration of any foreign employee responsibly, the organization must comply with all legal procedures.
⇒ For example, for violation of labor laws, registration without a complete list of documents or violation of an agreement, an organization can receive a fine of 30 to 50 thousand rubles.
⇒ Violation of migration legislation is punished even more seriously. Failure to notify or violate the procedure for notifying the conclusion or termination of an agreement with a foreigner threatens a company with a fine of 400 to 800 thousand rubles or an administrative suspension of activities from 14 to 90 days.
As we can see, the process of applying for a job for a foreign student from China is simpler than in the usual case, but it is still possible to make a mistake and break the order. That is why it is worth contacting lawyers who know labor and migration law.