Termination of an Foreign Employee: Procedure for the Employer

Dissolution of an employment contract with a foreigner is not just a personnel procedure according to the Labor Code. The employee has a patent or work permit, and the state, through the Ministry of Internal Affairs (MVD), monitors whether they are working or not. Therefore, in addition to the usual termination, there is a mandatory notification to the MVD about the termination of the contract, with a strict deadline of 3 working days.

Mistakes here are costly: if the employer fails to notify the MVD or violates the deadline, this is a violation of migration legislation, for which the employer is responsible under Article 18.15 of the Administrative Offenses Code of the Russian Federation. The fine for legal entities can be hundreds of thousands of rubles, and in case of repeated violations, the activity may be suspended.

The article will guide the foreign employee on what the company is obliged to do and what will happen to their patent.

Briefly: What to Do

1. Determine the grounds for termination according to the Labor Code of the Russian Federation: mutual agreement, employee initiative, employer initiative, or circumstances beyond the control of the parties.
2. Prepare documents according to the Labor Code of the Russian Federation: order of termination, employee acknowledgment, entry in the work book, settlement on the day of termination.
3. Provide the employee with a pay slip and certificates of earnings and income.
4. No later than 3 working days from the date of termination of the contract, submit a notification to the MVD about the termination of the employment contract.
5. Keep the confirmation of receipt of the notification: the detachable part with the MVD stamp or a receipt.
6. Note: the employee with a patent must conclude a new contract in time; otherwise, they will no longer be able to work under the previous patent.

What the Law Says

The termination itself is regulated by the Labor Code: grounds — Article 77, termination at the initiative of the employer — Article 81, documentation and settlement — Article 84.1. The same articles apply to foreigners as to Russian citizens: there are no separate grounds for “terminating because they are a foreigner” in the Labor Code of the Russian Federation. The citizenship of the employee — Uzbekistan, Tajikistan, Kyrgyzstan, Armenia, or Azerbaijan — does not change either the grounds or the procedure.

The migration part is governed by Federal Law No. 115-FZ “On the Legal Status of Foreign Citizens in the Russian Federation.” The employer is obliged to notify the territorial MVD body about the termination of the employment contract with the foreigner no later than 3 working days from the date of termination (paragraph 8 of Article 13). This is a separate notification, not the one submitted upon hiring.

A nuance for the employee with a patent: the right to work under it is tied to the employer specified in the patent. According to paragraph 5 of Article 13 of 115-FZ, after the termination of the contract, work under the patent can only continue with a new employer if a contract is concluded within the legally established timeframe. This is referred to as “15 days,” but check the exact wording in the current version of 115-FZ at the time of termination. If the deadline is missed, the right to work under the previous patent is lost, even if the document is formally valid: working outside the contract with the employer from the patent is a violation.

Grounds for Termination

A foreigner is terminated on the same grounds as a Russian citizen:

• Mutual Agreement (clause 1 of part 1 of Article 77 of the Labor Code of the Russian Federation) — the simplest option: date and payments are fixed by agreement.
• Expiration of the Contract (clause 2 of part 1 of Article 77 of the Labor Code of the Russian Federation) — a common case: contracts with foreigners are often concluded for the duration of the patent.
• Employee Initiative (clause 3 of part 1 of Article 77 of the Labor Code of the Russian Federation) — a statement 2 weeks in advance, the term can be shortened by agreement.
• Employer Initiative (Article 81 of the Labor Code of the Russian Federation) — liquidation, downsizing, failure to fulfill duties. The procedure is mandatory: warning, offering other vacancies.
• Circumstances Beyond the Control of the Parties (Article 83 of the Labor Code of the Russian Federation) — for example, annulment of the patent. A specific case for foreigners: employment relationships cannot continue with an invalid patent.

The expiration of the patent itself is not a reason to dismiss the employee, but allowing them to work with an invalid patent is also not permissible. What to do in such a situation is discussed in the article about expired patents .

Documents Upon Termination

Certificates are issued upon written request; it is not permissible to refuse a foreigner: taxes and contributions from their salary are paid on general grounds. If a person is self-employed, labor legislation does not apply to them — see self-employment of foreigners in Russia .

Step-by-Step Procedure

Step 1. Grounds and Warning. Fix the grounds: employee’s statement, agreement, order of downsizing. Observe the warning deadlines according to the Labor Code: usually 2 weeks for voluntary termination, 2 months for downsizing or liquidation.

Step 2. Order. Issue the order of termination and familiarize the employee with it by signature. If they refuse to sign — draw up an act.

Step 3. Settlement and Documents. On the last working day, pay everything: salary, compensation for unused vacation (Article 140 of the Labor Code of the Russian Federation). Issue the work book and pay slip. Delaying the settlement is a separate violation with penalties under Article 236 of the Labor Code of the Russian Federation.

Step 4. Notification to the MVD — no later than 3 working days. Submit a notification of termination in the approved form to the MVD migration department: in person, through the MFC (if reception is organized in your region), by registered mail with a list, or through public services. The deadline is working days from the date of termination specified in the order.

Step 5. Keep Confirmation. The detachable part of the notification with the MVD stamp, receipt from public services, postal list — your protection during an inspection.

Step 6. Ensure the Notification Was Received. When submitting through public services or mail, check that the MVD registered the notification: the consequences of loss fall on the employer. More details — the employer did not notify the MVD .

Deadlines: Cheat Sheet

• 3 working days — notification to the MVD about the termination of the contract (paragraph 8 of Article 13 of 115-FZ); the same deadline applies when concluding a contract.
• Day of Termination — full settlement with the employee (Article 140 of the Labor Code of the Russian Federation).
• 2 weeks — warning when terminating voluntarily (Article 80 of the Labor Code of the Russian Federation).
• 2 months — warning when downsizing or liquidation (Article 180 of the Labor Code of the Russian Federation).
• About 15 days — the period for an employee with a patent to conclude a contract with a new employer (procedure under paragraph 5 of Article 13 of 115-FZ; check the version of the law).

Employer’s Liability: Article 18.15 of the Administrative Offenses Code

• Failure to Notify or Violation of Notification Deadline regarding the conclusion or termination of a contract with a foreigner: for individuals — 2,000–5,000 ₽, for officials — 35,000–50,000 ₽, for legal entities — 400,000–800,000 ₽. The amounts are periodically reviewed — check the current version of the Administrative Offenses Code.
• In Moscow, the Moscow region, St. Petersburg, and the Leningrad region, fines are higher.
• Repeated Violation — a fine of up to 1,000,000 ₽ or administrative suspension of activity for up to 90 days.
• A separate offense — actual admission to work without the necessary documents: a person is working, but there is no contract or notification.

Notification is required both upon hiring and upon termination, for each foreign employee separately. The notification procedures are discussed in the articles notification to the MVD about the contract with a foreigner and employer’s obligations when hiring under a patent .

Common Mistakes and Misconceptions

• “I terminated according to the Labor Code — and that’s enough.” No: termination of a contract with a foreigner always entails notifying the MVD; a missed 3 working days results in a fine under Article 18.15 of the Administrative Offenses Code.
• “Notification is only necessary if the termination is for cause.” Notifications are required for any grounds: agreement, voluntary desire, downsizing, expiration.
• “The patent is valid even after termination.” You can only work under the patent with the employer specified in it: without a new contract within the established timeframe, the right to work under it is lost.
• “Settlement can be delayed” or “certificates are not needed for foreigners.” Settlement must be strictly on the day of termination, and income and work history certificates are needed by the employee for benefits, taxes, and pension rights, including in their home country.

FAQ

Is it necessary to notify the MVD when terminating a foreign employee?

Yes, it is mandatory. The employer must notify the territorial MVD body about the termination of the employment contract with the foreigner no later than 3 working days from the date of termination (paragraph 8 of Article 13 of 115-FZ). This is a separate notification, not the one submitted upon hiring.

What is the deadline for submitting the termination notification?

No later than 3 working days from the date of termination of the contract. Working days are counted, not calendar days. The date of submission is confirmed by the MVD stamp, a receipt from public services, or a postal list — keep the confirmation.

What happens if the MVD is not notified about the termination?

A fine under Article 18.15 of the Administrative Offenses Code of the Russian Federation: for legal entities 400,000–800,000 ₽ (higher in Moscow, the Moscow region, St. Petersburg, and the Leningrad region), for officials 35,000–50,000 ₽. In case of repeated violations — up to 1,000,000 ₽ or suspension of activity for up to 90 days.

What happens to the patent after termination?

The document is not automatically annulled, but work under it is only possible with the employer specified in the patent. If the employee does not conclude a contract with a new employer within the established timeframe (procedure under paragraph 5 of Article 13 of 115-FZ), the right to work under the patent is terminated.

What documents is the employer obliged to issue upon termination?

The work book or information on employment, pay slip; upon request — a certificate of earnings for two years, an income certificate, copies of orders. Full settlement must occur on the day of termination (Article 140 of the Labor Code of the Russian Federation).

What if the employer did not submit the notification — what consequences does the employee face?

The employee does not face a fine for this: the obligation to notify lies with the employer. However, problems may arise for the employee during checks on the legality of their work and patent renewal.

How We Can Help

If you are unsure whether the MVD notification was submitted correctly, or if you are disputing the settlement and documents with your employer — describe your situation to a lawyer directly on this page. We will analyze your case, advise on exact deadlines and forms, and help you develop an action plan.