Due to the difficult situation in Ukraine and the increasing number of people who are trying to find asylum in Russia, a lot of questions arise. Who are refugees? On what basis can they be within Russia? What rights and obligations do they have? And finally, will they be able to find work, and how will potential employers recruit them? We will try to consider each of these issues in detail, but we will pay more attention to the issue of employment of refugees.
A refugee is a citizen of a foreign state, or a stateless person who seeks asylum because the citizen has been persecuted for nationality, race or religion and other reasons.
The Russian government issued a decree in which it settled the issues of granting temporary asylum to citizens of Ukraine (Decree No. 690 of July 22, 2014 "On granting temporary asylum to citizens of Ukraine on the territory of the Russian Federation in a simplified manner"). The new procedure has reduced the time and simplified the very procedure for considering documents for granting temporary asylum.
People who came from Ukraine are given temporary asylum on a personal application. This is done only if there are reasons for recognizing him as a migrant, or for humanitarian reasons. The applicant is required to go through some stages of identification. In particular, this is fingerprinting and photography. Also, within ten days from the moment of arrival, you need to undergo a medical examination.
Further, the refugee can come to the FMS body, or the Multifunctional Center for the provision of public services with an application for payment of financial assistance and referral to the Temporary Detention Center. Refugees stay in such Centers to comply with sanitary and quarantine rules.
As a rule, asylum is granted for 3 months. Those who decide to stay in Russia for a longer period go through a more complicated procedure to obtain refugee status and the corresponding certificate.
A refugee certificate will be the main identity document for a citizen of Ukraine. With this document, he can go to the employment authorities or look for work on his own. To obtain a refugee certificate, a foreigner must go through the process of recognizing him as a refugee. This procedure can be divided into several stages:
- A citizen to apply, the documents submitted by him will be preliminary considered;
- A decision will be made to issue a certificate of consideration of the application. With such a certificate, the citizen will expect to make the main decision on the assignment of status;
- An individual will either receive a refugee certificate or be denied refugee status. He knows all this personally.
In general, the steps for obtaining a refugee certificate and a certificate of temporary asylum can be seen in the table below:
Apparatus employed
When applying for a job, a foreigner who has received refugee status or temporary asylum must provide an identity document, as well as education documents and a work book. An identity document will be an asylum certificate (as we said earlier) or a refugee certificate, since they leave their passport with the FMS, where they received refugee status.
Let's take a closer look at filling out a work book. Within our country, work books of the established form are valid. Employment books of a foreign state are not maintained by Russian companies. If an employee has a work book that was drawn up earlier (according to the samples of 1938, 1973, 2003), the company can accept it. If an employee does not have such a work book, or he has a work book of a foreign state, he needs to issue a new work book.
Do not forget about compulsory pension insurance. All employees are subject to compulsory pension insurance. But will this legal requirement be extended to refugees? The following insured persons are subject to mandatory pension insurance (Clause 1, Article 7 of Federal Law No. 167-FZ of December 15, 2001): citizens of Russia, foreign citizens permanently or temporarily residing in the territory of the Russian Federation or stateless persons, foreign citizens temporarily residing in Russia or stateless persons.
For foreign citizens and stateless persons, the company also pays insurance premiums (Article 22.1 of Law No. 167-FZ). If the employee did not have insurance experience (that is, he got a job for the first time), the company must issue him a certificate of compulsory pension insurance (clause 2, article 9 of the Federal Law of 04/01/1996 No. 27-FZ).
A refugee worker must present a document confirming the receipt of education. It should be noted that the document on foreign education submitted during employment must be legalized, that is, it must be apostilled and translated into Russian.
There is no need to legalize educational documents if there is an agreement between two or more states that cancels or makes this procedure easier. In case of employment of a refugee from Ukraine, the legalization procedure is not applied. Ukraine is a party to the Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters, signed on January 22, 1993 in Minsk. In this case, only translation of documents certified by notaries or consular offices of the Russian Federation is required.
It is also necessary to know that Refugee Workers who have (had) a criminal record, as well as Russian citizens, are subject to restrictions on employment with minors (educational institutions, healthcare institutions, social protection institutions, youth sports, arts and culture). To confirm the fact of the absence of a criminal record, it is necessary to apply to the FKU "Main Information and Analytical Center of the Ministry of Internal Affairs of the Russian Federation" for a certificate of the presence (absence) of a criminal record. The term for issuing such a certificate is 30 days. This certificate must be submitted by the Employee upon employment.
Documents of military registration by refugees are not presented, since foreign citizens cannot be called up for military service.
Employment documents:
As we can see, the differences in the provision of documents are insignificant, as well as the procedure for applying for employment of refugees.
Today, for many refugees, the problem of finding employment in Russia is very acute. In general, the procedure for accepting such applicants is quite simple and does not take much time and resources from the employer. Therefore, Russian employers should not be afraid to hire new refugee workers.
