The employee’s patent has expired: what to do

If a foreign employee’s patent has expired, the problem concerns not only the employee. For the employer, it poses a risk of fines, questions regarding migration notifications, and violations of labor documentation. The main thing is to avoid allowing the person to work without a valid basis and not to try to resolve the issue retroactively.

This guide is for situations where an employee is working on a patent and the validity of the patent or payment has expired or is close to expiration.

Quick algorithm

If the employee continues to work after the patent has expired, the risk increases every day.

What is considered a problem

The problem can vary:

• the patent has expired;
• a payment for the patent has been missed;
• the patent is issued for another region;
• the profession or position has changed, if this is important for the region;
• the employee has brought a new patent, but the employer has not verified the data;
• the contract is still valid, but the right to work is no longer there.

A similar situation for the employee is discussed here: what to do if the patent has expired .

What to check in the documents

Check:

1. the number and date of issuance of the patent;
2. the region of validity;
3. the profession or position, if specified;
4. receipts for advance payments;
5. the date of the last payment;
6. the employment contract or civil law contract;
7. the Ministry of Internal Affairs notification about the conclusion of the contract;
8. the address of actual work.

If there is a regional error, use a separate guide: regional error in the patent .

Can you just wait for a new patent

You can only wait within the framework of a legal HR decision. You cannot pretend that the person continues to work as usual if the right to work is no longer valid. The employer needs to document the situation: request an explanation, record the absence of a valid document, and determine if there are grounds for suspension or termination of the contract.

For complex cases, it is better to agree on a decision with an HR specialist or lawyer, as mistakes can affect both labor law and migration obligations.

When to notify the Ministry of Internal Affairs

The employer notifies the Ministry of Internal Affairs about the conclusion and termination of the contract with a foreign citizen in the prescribed cases. If the employment relationship is terminated due to the absence of a valid patent, check the deadline and form of notification.

Details on the basic obligation: notification to the Ministry of Internal Affairs about the employment contract . If the notification was not submitted earlier, see: the employer did not notify the Ministry of Internal Affairs .

If the employee brought a new patent

Do not limit yourself to a photo in a messenger. Verify the original or a quality copy, the region, full name, date, profession, receipts, and migration registration documents. If the new patent is issued after a break, check what happened with the access to work during the period between the old and new documents.

Also, assess whether a new notification to the Ministry of Internal Affairs or changes to HR documents are needed. This depends on whether the relationship continued and how the new document is formatted.

Employer mistakes

Allowing to work “for a couple of days”

Even a short period without a valid patent can create a risk of fines.

Documenting retroactively

Documenting retroactively can easily create contradictions in the time sheet, contract, payments, and notifications.

Believing only the employee’s words

Documents are needed: patent, receipts, contract, notifications, migration registration.

Not checking the region

A patent from one region does not always fit another. See: one patent for two regions .

Mini-checklist for HR

• there is a valid patent;
• the region matches the place of work;
• payments have not been missed;
• the contract corresponds to the actual work;
• the Ministry of Internal Affairs has been notified upon the conclusion of the contract;
• a notification has been prepared upon termination of the contract;
• copies of documents are saved;
• the responsible employee knows the date of the next check.

FAQ

Can an employee be transferred to a civil law contract without a patent?

No. The name of the contract does not resolve the migration issue by itself. If a person is actually working and a patent is needed for work, the risk remains.

Who is to blame if the employee did not pay for the patent?

The employee is responsible for their document, but the employer is responsible for allowing them to work. Therefore, internal control of deadlines is necessary.

Is it necessary to terminate immediately?

Not always. First, it is necessary to understand if there is a legal option for suspension and providing a new document. But allowing to work without a basis is not permissible.

What to do next

Gather documents, stop access to work in the absence of a valid patent, check notifications to the Ministry of Internal Affairs, and document the HR decision. For prevention, create a timeline table for all foreign employees: patent, payments, migration registration, contract, notifications.