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Business trip of a foreigner: what mistakes does the company make? Business trips of foreign employees Business trips of highly qualified foreign specialists


We are publishing answers to questions from participants in the online briefing regarding business trips of foreign employees.

Expert on this topic:
Volodin Evgeniy Vladimirovich– legal consultant on migration issues, head of the Department legal support legal entities of the OST Group of Companies, member of the scientific and expert Council of the NP “International Alliance “Labor Migration”.

QUESTION According to current legislation foreign worker (citizen of foreign countries temporarily staying in the territory Russian Federation, not a highly qualified specialist holding the position of head of an enterprise or head of a department) can be on a business trip to other subjects of the federation only 10 days a year.

Is it possible to increase this period? PP No. 97 dated February 17, 2007 states what is possible if he has a traveling nature of work and we arrange business trips instead of business trips (and then he can spend no more than 60 calendar days on business trips)? How to arrange this correctly? Does this apply to federal subjects with special treatment entry (Murmansk).

For example, what if our employee who works in St. Petersburg goes on a business trip to Murmansk and vice versa? Mandrusova Elena Vladimirovna, HR Manager, Moscow.

ANSWER: Dear Elena Vladimirovna! I would like to bring to your attention that Government Decree dated February 17, 2007. No. 97, which you refer to in your question, has lost force (see Government Resolution No. 904 of November 13, 2010).

Currently, the procedure you are interested in is regulated by the Order of the Ministry of Health and Social Development dated July 28, 2010. No. 564n. Although the meaning remains the same:

It is necessary to take into account that the specified preferences are to be implemented labor activity outside the region in which the foreign citizen was issued a work permit, apply only to foreign workers operating in the professions and positions specified in the Order.

Regarding the issue of entities with a special entry regime for foreign citizens, you obviously mean territories for which foreign citizens require special permission to enter.

Currently this includes:

1. Territories of closed administrative-territorial entities (the list was approved by Government Decree No. 508 of July 5, 2001).
2. Territories with regulated visits for foreign citizens (the list was approved by Government Decree No. 470 of July 4, 1992).
3. Territories of closed military camps.
4. Border zone.

Government Decree of July 4, 1992 No. 470 containing a list of the territory of the Russian Federation with regulated visits for foreign citizens (as amended on June 11, 2004), under paragraph 8 the following are indicated:

Murmansk region and the Republic of Karelia - the coastal strip of the Kola Peninsula 10 kilometers wide from Cape Krestovy to the river. Voronya, an area west of the Voronya River, bounded from the south and west by the Tumanny - Kola highway, the Kola - Pechenga railway and the Pechenga - Dolgaya Shchel Bay line (except for those mentioned settlements, roads, railways and the city of Murmansk with travel to it by railway, by road transport from Kola and in transit via highway Zapolyarny - Kola - Murmansk).

The region of Kandalaksha Bay with a coastal strip one kilometer wide within the boundaries: from the west - Cape Kochinny - Cape Titov, from the east - Cape Nosok - Cape Sharapov.

Government Decree of July 5, 2001 N 508
List of closed administrative-territorial entities and settlements located on their territories (approved by Decree of the Government of the Russian Federation of July 5, 2001 N 508) (as amended by me as of July 16, 2009)
Territories in the Murmansk region are indicated (Murmansk itself is not included in the list).

In connection with the above, I believe that your foreign employee can be sent on a business trip to Murmansk itself without restrictions from the FSB authorities.

At the moment I am not ready to answer the question about the traveling nature of the work. I have the information on paper, I just need to find it in which folder. If you are interested, please write in a personal message.


QUESTION Good afternoon. The question is:
In a closed joint stock company located in Moscow, the General Director is a foreigner from far abroad. A quota for it has been issued, permission has been received. This company has 3 branches in the regions. Branches - with a limited degree of independence, do not have their own balance sheet, current account, etc. Managed from the central office in Moscow.

If the same foreigner is appointed general director of these branches, is it necessary to obtain work permits for him in these regions (in addition to the Moscow permit)? M. Nikolaeva, Moscow.

ANSWER: Dear Ms. Nikolaeva! In accordance with clause 4.2 of Art. 13 Federal Law dated July 25, 2002 No. 115-FZ “On legal status foreign citizens in the Russian Federation" A foreign citizen temporarily staying in the Russian Federation does not have the right to carry out labor activities outside the boundaries of the subject of the Russian Federation in whose territory he was issued a work permit.

However, taking into account the peculiarities of regional economic relations, the authorized representative of the Government of the Russian Federation federal body executive branch may establish cases of labor activity carried out by a foreign citizen temporarily staying in the Russian Federation - outside the boundaries of the subject of the Russian Federation on the territory of which he was issued a work permit.

Currently, such an executive body is the Ministry of Health and Social Development of the Russian Federation, which, by Order dated July 28, 2010. No. 564n established a list of positions and professions, possessing which foreign citizens can work outside the region where they receive a work permit in the following cases:
- being on a business trip or if their work activity is of a traveling nature, as specified in the employment contract.

In this case:
a) the total duration of a foreign citizen’s labor activity outside the constituent entity of the Russian Federation on the territory of which he was issued a work permit cannot exceed 10 calendar days during the period of validity of the work permit when sent on a business trip;
b) the total duration of labor activity of a foreign citizen outside the boundaries of the constituent entity of the Russian Federation on the territory of which he was issued a work permit cannot exceed 60 calendar days during the period of validity of the work permit, if the permanent work is carried out by the employee on the road or is of a traveling nature and this determined by his employment contract.

If the specified deadlines do not suit you, you must obtain a work permit in each region you named.

As a way out of the situation - formalize General Director work permit for a highly qualified specialist - HQS (if wages for 365 days at least 2,000,000 rubles).

If, in accordance with the employment contract, a highly qualified specialist is expected to carry out labor activities in the territories of two or more constituent entities of the Russian Federation, this highly qualified specialist is issued a work permit valid in the territories of these constituent entities of the Russian Federation (you can get more detailed information from my answer on the topic “highly qualified specialists” or write to me by personal email).

A work permit is issued for a period of up to 3 years within 14 working days from the date of submission of documents, which reduces your contacts with the Federal Migration Service by at least 3 times.


QUESTION: The organization is located in the village of Tuchkovo, Ruza district, Moscow region. Work permits for foreign workers have been issued. The construction site is located in Lobnya, Moscow region. Foreign workers must live in a dormitory in Lobnya. There is an agreement with the hostel. Where can I submit notifications to the Federal Migration Service? In the village of Tuchkovo or in the city of Lobnya? Is it possible to process documents in the Ruza district and issue travel certificates to the city of Lobnya? Andosova Inna Leonidovna, Head of HR Department, Ruza.
ANSWER: Dear Inna Leonidovna! I'll try to answer, although I don't understand what notifications are about we're talking about- I believe that the notifications are about the arrival of foreign citizens at the place of stay, and not about the conclusion of an employment contract (if I’m wrong, write in a personal message).

As far as I've learned, foreign workers Your organization lives in a dormitory in the same area where they carry out their work activities. Accordingly, notifications of arrival at the place of stay must be sent to the local office migration registration in the Ruza region. This is the practice.

In theory, in accordance with clause 20 of the Rules for the implementation of migration registration of foreign citizens and stateless persons in the Russian Federation, approved by Government Decree of January 15, 2007. No. 9 “notification of the arrival at the place of stay of a foreign citizen temporarily staying in the Russian Federation is submitted to the territorial body of the Federal Migration Service.” The territorial body of the Federal Migration Service is in in this case Federal Migration Service of Russia for the Moscow region.

The second part of the question: “Is it possible to draw up documents in the Ruzsky district and issue travel certificates to the city of Lobnya?” I do not understand.

Is it possible to register them for migration in the Ruza region and issue travel certificates to work in the city of Lobnya?

From the point of view of migration legislation, travel allowances are not needed, because The work permit is valid throughout the entire Moscow region. Both Lobnya and Ruza are located in the same region. There will be no problems with the migration service. If they arrive in Lobnya from Ruza for more than 3 working days, they must be registered with migration authorities (Articles 20, 21 of the Federal Law of July 18, 2006 No. 109-FZ “On Migration Registration of Foreign Citizens” and stateless persons in the Russian Federation"

If I misinterpreted your question, please contact me by personal mail. Best regards, Evgeniy Volodin.


QUESTION: Do we have the right to use a foreign specialist hired to work in different cities of the country (business trips) and if we can, then what additional measures(by registration, some other things...) we must take steps not to violate the law. Galiullin Eduard Radifovich, Deputy Director, Yekaterinburg.
ANSWER: Dear Eduard Radifovich!

In accordance with clause 4.2 of the Federal Law of July 25, 2002. No. 115-FZ “On the legal status of foreign citizens in the Russian Federation”, a foreign citizen temporarily staying in the Russian Federation does not have the right to carry out labor activities outside the boundaries of the subject of the Russian Federation in whose territory he was issued a work permit.

Thus, within Sverdlovsk region Your foreign workers can carry out labor activities without restrictions (I believe that the territory of validity of the permit is indicated for them - the Sverdlovsk region).

If they need to work in other regions, you can use the provisions of the Order of the Ministry of Health and Social Development dated July 28, 2010. No. 564n “On establishing cases of labor activity by a foreign citizen or stateless person temporarily staying (residing) in the Russian Federation, outside the boundaries of the subject of the Russian Federation, on the territory of which they were issued a work permit (temporary residence allowed).

In this case:
a) the total duration of a foreign citizen’s labor activity outside the constituent entity of the Russian Federation on the territory of which he was issued a work permit cannot exceed 10 calendar days during the period of validity of the work permit when sent on a business trip;
b) the total duration of labor activity of a foreign citizen outside the boundaries of the constituent entity of the Russian Federation on the territory of which he was issued a work permit cannot exceed 60 calendar days during the period of validity of the work permit, if the permanent work is carried out by the employee on the road or is of a traveling nature and this determined by his employment contract.

But this preference applies only to foreign citizens working in positions specified in the List contained in the Order.

If the specified deadlines are not enough for you, there are 2 options:
- Obtain a work permit in each region you are interested in.
- Obtain for your foreign specialists work permits for “highly qualified specialists”, for whom it is possible to indicate several regions in the work permit (the salary of these specialists must be at least 2,000,000 rubles per year).

Could you give a precise answer to my three questions: 1. "A foreign citizen, visa-free, temporarily staying in the Russian Federation, who received a patent in 2015, works in our organization, and we want to send him on a business trip. Can we send people on a business trip who received a patent in 2015!? If so, then what should he have with him? since in 2015 the order and decision for a business trip must be kept in the personnel department. 2. “if a foreign citizen who received a work permit in 2014, legal entity, is trying to get a job in our company in 2015. Should he change his work permit so that the name of the organization is changed in the special notes? (his work permit is valid until June 06, 2015).3. Is it necessary to provide notifications to the Federal Migration Service about the admission of foreign citizens of the countries of the Eurasian Economic Union in 2015?

Answer

Answer to 1 question: A foreign citizen, visa-free, temporarily staying in the Russian Federation, who received a patent in 2015, works in our organization, and we want to send him on a business trip. Can we send IGs who received a patent in 2015 on a business trip!? If so, what should he have with him? Since in 2015, the order and decision for a business trip must be kept in the personnel department.

This issue regarding a foreigner working under a patent has not yet been resolved. Accordingly, the following should be applied to this situation: general provisions about the work of a foreign citizen in the territory only of the subject of the Russian Federation where he was issued a patent.

The answer depends on whether the employee goes on a business trip within the region in which he was issued the patent or to another region.

Thus, if a foreigner goes on a business trip to the region in which he was issued a patent, the duration of the business trip is not limited.

If a trip to another region is planned, the foreigner will have to register new patent in this region. In this case, the duration of the business trip is also not limited.

Attention : organizations and individual entrepreneurs cannot employ foreigners with . Since until 2015, visa-free foreigners could work under such patents only for citizens who did not have the status of an individual entrepreneur.

A patent is issued to a foreign citizen for a period of 1 to 12 months (). The exception is citizens of the Republic of Tajikistan. They can be issued a patent for a period of up to three years ().

A foreigner can extend the validity of a patent by paying personal income tax in the form of a fixed advance payment, without contacting the Russian Federal Migration Service. In this case, the total validity period of the patent, taking into account the extension, cannot exceed 12 months from the date of its issue. However, no later than 10 working days before the expiration of the specified 12 months, a foreigner can apply to the Federal Migration Service of Russia for. At the same time, a foreigner can re-register a patent only once. This is provided for in paragraphs and article 13.3 of the Law of July 25, 2002 No. 115-FZ.

After employment, a foreign employee must submit a copy of his employment or civil law contract to the territorial body of the Federal Migration Service of Russia within two months from the date of issue of the patent. He can do this in person or by sending a registered letter with acknowledgment of delivery. If the foreigner does not provide a copy the said agreement within the prescribed period, the territorial body of the Federal Migration Service of Russia will revoke his patent. This is stated in paragraph 22 and article 13.3 of the Law of July 25, 2002 No. 115-FZ.

When issuing a patent, foreign citizens who entered the territory of Russia without a visa are subject to photographing and mandatory state fingerprint registration in the manner approved. An exception is made for foreigners sent to work in subsidiaries, branches and representative offices of foreign commercial organizations, which are registered in the territories of member states of the World trade organization. They do not need to take photos or fingerprint registration. This is provided for in Article 13 of the Law of July 25, 2002 No. 115-FZ.

If during the validity period of the patent the last name, first name, patronymic of a foreigner or the details of his identity document change, then the foreigner must apply to the territorial body of the Federal Migration Service of Russia to change the information in his patent. application is approved . The deadline for applying is seven working days from the date of change in the specified information or from the date of entry into Russia, if such changes occurred abroad. For violation of the seven-day deadline for contacting migration service a foreign employee will need to pay a fine in the amount of 4,000 to 5,000 rubles. The procedure for amending the patent will be approved by the Russian Federal Migration Service. This is provided for by paragraphs and Article 13.3 of the Law of July 25, 2002 No. 115-FZ, as well as Article 18.10 of the Code of the Russian Federation on Administrative Offences.

By general rule patents do not indicate the profession, specialty, position or type of work activity of a foreign citizen. However, senior officials of individual constituent entities of the Russian Federation may decide that patents issued in the relevant regions will indicate the profession, specialty, position or type of work activity of foreigners. In this case, divisions of the Federal Migration Service of Russia in such regions will have to issue patents indicating the profession after 10 days from the date of receipt of the notification from the highest official subject of the Russian Federation on the adoption of this decision. This is stated in paragraphs i.

  • identification document of a foreign citizen;
  • a migration card with a mark from the border control authority about the entry of this foreign citizen into Russia or with a mark territorial body The Federal Migration Service of Russia to issue the specified migration card to this foreign citizen. At the same time, the migration card must strictly indicate “work” as the purpose of the visit to Russia;
  • VHI agreement (policy) concluded with an insurance organization, or an agreement on the provision of paid medical services, concluded with medical organization located in the subject of the Russian Federation in which the foreigner will work. At the same time, a VHI policy or an agreement on the provision of paid medical services must be valid for the entire period of the foreigner’s labor activity in Russia, and also ensure the provision of primary health care and specialized care to the foreigner. medical care in an urgent manner. In addition, the highest executive bodies of the constituent entities of the Russian Federation can establish lists of medical organizations authorized to conclude an agreement with visa-free foreigners for the provision of paid medical services. Also highest regional body authorities may decide to have a foreigner present only one of specified documents- either a VHI policy or an agreement with a medical organization - to obtain a patent;
  • documents confirming that the foreigner is free from HIV infection, drug addiction and infectious diseases provided for, approved. At the same time, the highest executive bodies of the constituent entities of the Russian Federation must approve the lists of medical organizations authorized to issue the specified documents in the territory of the relevant regions;

  • Inspectors from the State Tax Inspectorate are already working according to the new regulations. Find out in the magazine “Personnel Affairs” what rights employers and personnel officers have acquired since October 22 and for what mistakes they will no longer be able to punish you.

  • In the Labor Code about job description there is not a single mention. But HR officers simply need this optional document. In the magazine “Personnel Affairs” you will find the latest job description for a personnel officer, taking into account the requirements of the professional standard.

  • Check your PVTR for relevance. Due to changes in 2019, provisions in your document may violate the law. If the State Tax Inspectorate finds outdated formulations, it will fine you. Read what rules to remove from the PVTR and what to add in the “Personnel Affairs” magazine.

  • In the Personnel Business magazine you will find an up-to-date plan on how to create a safe vacation schedule for 2020. The article contains all the innovations in laws and practice that now need to be taken into account. For you - ready-made solutions situations that four out of five companies encounter when preparing a schedule.

  • Get ready, the Ministry of Labor is changing the Labor Code again. There are six amendments in total. Find out how the amendments will affect your work and what to do now so that the changes do not take you by surprise, you will learn from the article.

The difference between a business trip and a business trip

In accordance with Article 166 of the Labor Code of the Russian Federation, two main concepts regarding work trips can be distinguished:

Business trip – travel of an employee by order of the employer to certain period to carry out an official assignment outside the place of permanent work.

A business trip is a trip by an employee whose permanent work is carried out on the road or has a traveling nature.

However, business trips are not recognized as business trips.

The differences between a business trip and a business trip can be considered the following::

  1. Business trips are rare, irregular, can be long,
  2. Business trips are part of the employee’s functionality and an integral part of his work; they are regular and generally short.

What you need to consider before applying for a work permit for a foreign specialist

First of all, if your company has branches, representative offices, separate divisions in different regions of Russia, then when applying for a work permit, it is better to immediately apply for a permit with the territory of validity for all regions in which there are separate divisions. Such an application will be approved if the applicant provides documents confirming the legal existence of such divisions in other regions, for example, a company charter where all offices are registered, tax registration certificates separate divisions etc.

If Russia has concluded agreements with the state of which the specialist is a citizen, international treaties, allowing you to issue work permits for the entire country at once (such agreements, for example, exist with France, South Korea), then it is important to take advantage of this opportunity and obtain a permit for the whole of Russia.

If the above opportunities are not available, then further trips of a foreign specialist to other constituent entities of the Russian Federation will need to be registered as business trips or official trips. However, to do this, you need to be aware of the restrictions for foreign workers.

Restrictions on business trips in Russia for foreign highly qualified specialists

According to the Order of the Ministry of Health and social development Russian Federation dated July 28, 2010 N 564n Moscow (clause 3):

« Foreign citizens– highly qualified specialists have the right to carry out labor activities outside the boundaries of the subject of the Russian Federation, on the territory of which they were issued a work permit (temporary residence allowed), if:
a) the continuous duration of labor activity of foreign citizens outside the territory of the subject (subjects) of the Russian Federation on the territory of which they were issued a work permit does not exceed 30 calendar days annually during the period of validity of the work permit when sent on a business trip;

b) the total duration of labor activity of foreign citizens outside the territory of the subject (subjects) of the Russian Federation in the territory of which (which) they were issued a work permit is not limited if the permanent work is carried out by the employee on the road or wears traveling character and this is determined by the employment contract.”

As a result, if a highly qualified specialist’s employment contract does not indicate the traveling nature of his work, then he will be able to travel on business trips in regions of Russia not specified in his work permit for no more than 30 calendar days a year, however, if the employment contract contains a reference to The traveling nature of the work means that the restriction on the number of days in other regions disappears.

It is also necessary to remember that on the territory of Russia there are many prohibited areas for visiting by foreign citizens, as well as territories with regulated visits by foreign citizens. Foreign citizens cannot enter regions, cities and constituent entities of the Russian Federation with regulated visits and register for migration without special permission (approval) from Federal Service Security (for example, Odintsovo and Balashikha districts of the Moscow region).

Organizing a business trip for a highly qualified specialist

If a specialist does not need more than thirty days a year to travel to other regions, then his work trips will be documented as business trips. To arrange such a business trip, it is necessary to prepare the same documents as for any Russian employee:

- official assignment;
– an order to send an employee on a business trip;
travel certificate.

Registration of the traveling nature of work and business trips of a highly qualified specialist

According to Art. 168.1 Labor Code Russian Federation, a specific list of jobs, professions, positions of traveling workers is established by a collective agreement, agreements, local regulations within the company. The easiest way is to consolidate this list in a separate order. Thus, the legislation does not establish any direct signs or restrictions on the traveling nature of work, and therefore the employer has the right to establish such criteria independently, as well as select positions for this type of work.

The traveling nature of an employee’s work activity must be indicated in his job description (or in an appendix to the employment contract containing a list job responsibilities employee).

General list of documents for correct design traveling nature of work in the company:

  1. An employment contract indicating the traveling nature of the work;
  2. Job descriptions that specify the employee’s responsibilities related to business trips;
  3. An order containing a list of “travelling” workers;
  4. A collective agreement or travel regulations for employees whose permanent work is carried out on the road or has a traveling nature, which establishes specific amounts and procedures for reimbursement of costs associated with business trips.

On migration registration of highly qualified specialists on business trips and official trips

If a foreign highly qualified specialist plans to visit another city outside the main place of work for the purpose of a business trip or official trip, then it is necessary to follow the rules of migration registration in such a situation:

  1. From the date of entry into Russia, a highly qualified specialist may not register for migration at the place of stay for 90 days. However, if you are planning a trip to another city, then you must register for migration in the subject of the Russian Federation where your main place of work is located and where the work permit was issued.

For example, if a work permit was obtained in Moscow and the main place of work is Moscow, then you need to register in Moscow.

  1. After registering for migration at the main place of stay, the specialist arrives in another subject of the Russian Federation and from the date of arrival the countdown of 30 days begins, during which he is exempt from registering for migration in this region. After the specified 30 days, the specialist (his receiving party) will have another 7 working days to register at his place of stay.
  2. If a highly qualified specialist stays at a hotel, the hotel administration is obliged by law to register him for migration within 24 hours. It is advisable to always clarify this issue at the reception, so that the administration provides the guest with a receipt of notification of arrival at the place of stay (“registration”) before his departure from the hotel.

It is recommended, if possible, not to use the privileges of migration registration while in regions of Russia that are not specified in the work permit. It is advisable to always have your local hotel registration with you, migration documents(passport, migration card, visa), you also need to have a work permit, a voluntary insurance policy health insurance, a copy of the employment contract, travel documents or other documents indicating a business trip.

Alexandra Korobetskaya

Quite an interesting topic. We don't know why we haven't covered this area in detail before. There are many customer requests on such a problem as “work without a patent, there is a patent, but in another region.” A lot, every third client reports that he was expelled, he has all the documents, but the only thing that is wrong is his patent is not for the entity where he actually worked. The most common example: a work patent was issued by Moscow, and a foreign citizen works in the Moscow region. Even if Moscow is 5 minutes from the place where he works, it is still a violation of migration legislation, for which serious punishment is provided. administrative responsibility in the form of expulsion and a fine. The violation is actually quite serious.

Let's start from the beginning.

A work patent, work permit, residence permit and temporary residence permit (TRP) give the right to work only in the subject of the Russian Federation to which it was issued. RVP issued Leningrad region, which means you can only work there, you can’t work in St. Petersburg. We think the logic is clear. Yes, this is the law, maybe there is some injustice here in the opinion of our clients, but this is how it is. So there are several options:

  1. issue new documents for new subject RF (which is not so simple and cheap);
  2. find a job in that region permit document which you already have;
  3. go on business trips.

If everything is clear with the first two options, then the third option is worth dwelling in more detail. Let's talk about business trips. A reasonable question arises: how can you be on a business trip all the time? You can. Currently, the law does not limit your employer on the length of your business trip. At least a whole year or even two. But the employing company must be registered in the very subject of the Russian Federation that issued the patent or work permit. The idea we think is clear.

What should you do if you are already expelled for working in the wrong subject of the Russian Federation, that is, when you have a patent, but in the wrong region?

If there is such a loophole in the law. You were detained for working in a region of the Russian Federation that did not issue you a patent. They drew up a report, took him to court, issued a deportation order from Russia and released him. What to do? You must provide a travel document. It will say that your employer sent you there, and that is why you work here. But your profession or position must be included in the list of those who can be sent on a business trip. The list was established by order of the Ministry of Health and Social Development of Russia dated July 28, 2010 No. 564n). Several factors must come together:

  1. your profession is on this list;
  2. you have a patent, but in the wrong region;
  3. you have an employer who will issue a travel permit;
  4. you have not missed the 10-day appeal period.

We are ready to provide you with work without a patent.

A business trip is a trip by a worker on behalf of the employer, necessary to complete a work assignment. The employee is sent for a certain period of time outside his place of official employment. In addition, a work trip is also a trip by an employee to one of the divisions of the enterprise, which is not a place of permanent employment. This can be either a branch or a representative office. Please note that the secondment of an employee is permitted only when an agreement has been drawn up with him employment contract. And if it is concluded civil contract, then the trip is not considered a business trip. There is also the concept of a business trip, which means continuous work of a traveling nature or, most often, work associated with constant travel. Traveling work is the movement of employees to one or several points at once, as well as from one point to another.

Who cannot be sent on a business trip?

In accordance with the order of the Ministry of Health and Social Development of the Russian Federation dated September 17, 2007 No. 607, foreigners who are temporarily staying in our country cannot work outside the Russian Federation, with the exception of the territory where they were issued a work permit. It is worth noting that there is still a ban on work for those foreigners who work in a certain position and profession, which is provided for by this order. It is necessary to pay attention to the fact that even temporarily staying citizens holding creative and work positions, as well as employees and managers of enterprises and departments can serve in another region.

Application
ToorderMinistry of Health
and social development of the Russian Federation
dated July 28, 2010 N 564n

Cases of carrying out labor activities by a foreign citizen or a stateless person temporarily staying (residing) in the Russian Federation, outside the boundaries of the subject of the Russian Federation, on the territory of which they were issued a work permit (temporary residence allowed)

1. A foreign citizen or a stateless person (hereinafter referred to as a foreign citizen) temporarily staying in the Russian Federation has the right to carry out labor activities outside the boundaries of the subject of the Russian Federation on the territory of which they were issued a work permit, if they perform work in the following professions and positions :

workers' professions:

asphalt concrete worker;

car driver;

handcar driver;

make-up artist;

orderly;

road worker;

draper;

insulator;

mason;

dresser;

galley man;

sailor-diver;

dredge sailor;

concrete pump operator;

motor grader operator;

asphalt operator;

auto compressor operator;

auto drill operator;

drilling rig operator;

concrete paver operator;

bulldozer driver;

self-propelled roller operator;

piledriver driver;

crane operator (crane operator);

operator of a machine for making joints in freshly laid concrete;

when performing road works;

loading machine operator;

mortar pump operator;

excavator operator;

diesel train driver;

locomotive driver;

locomotive driver;

diesel locomotive driver;

traction unit operator;

electric locomotive driver;

electric train driver;

boiler plant operator;

pump-action driver (dockerman);

track fitter;

mechanic (machinist);

illuminator;

pyrotechnician;

skipper;

assistant locomotive driver;

assistant locomotive driver;

mechanic's assistant;

conductor;

prop master;

shore worker;

helmsman (steerman);

mullet fisherman;

coastal fisherman;

photographer;

marine electrician;

employee positions:

accompanist;

ballet dancer;

ballet dancer (soloist);

the artist is a slapstick clown;

artist leading the concert;

artist-vocalist (soloist);

drama artist;

film artist;

entertainer;

performer of a mimic ensemble;

orchestra artist;

spoken word artist;

satirical artist;

choir artist;

circus performer of all genres;

program presenter;

chief geologist;

stuntman;

cameraman;

correspondent;

translator;

stunt coordinator;

athlete-instructor;

commissioning and testing technician;

forwarder;

freight forwarder;

employee positions belonging to the following subgroups All-Russian classifier classes:

heads of institutions, organizations and enterprises;

heads of specialized production and operational units (services);

heads of functional and other departments and services;

heads of small institutions, organizations and enterprises.

In this case:

a) the total duration of a foreign citizen’s labor activity outside the constituent entity of the Russian Federation on the territory of which he was issued a work permit cannot exceed 10 calendar days during the period of validity of the work permit when sent on a business trip;

b) the total duration of labor activity of a foreign citizen outside the boundaries of the constituent entity of the Russian Federation on the territory of which he was issued a work permit cannot exceed 60 calendar days during the period of validity of the work permit, if the permanent work is carried out by the employee on the road or is of a traveling nature and this determined by his employment contract.

2. Foreign citizens temporarily residing on the territory of the Russian Federation have the right to carry out labor activities outside the boundaries of the constituent entity of the Russian Federation in whose territory they are allowed temporary residence, if they perform work in the following professions and positions:

workers' professions:

asphalt concrete worker;

car driver;

handcar driver;

make-up artist;

orderly;

road worker;

draper;

insulator;

galley man;

mason;

dresser;

dredge sailor;

sailor-diver;

concrete pump operator;

motor grader operator;

asphalt operator;

auto compressor operator;

auto drill operator;

concrete mixing plant operator;

concrete paver operator;

bulldozer driver;

drilling crane operator self-propelled vehicle;

drilling rig operator;

diesel train driver;

railway construction machine operator;

self-propelled roller operator;

compressor unit operator;

piledriver driver;

boiler plant operator;

crane operator (crane operator);

automobile crane operator;

locomotive driver on ferries;

operator of a marking machine for marking roads;

operator of a machine for making joints in freshly laid concrete when performing road work;

locomotive driver;

locomotive driver;

loading machine operator;

pump-action driver (dockerman);

mortar pump operator;

operator of a mobile asphalt concrete mixer;

diesel locomotive driver;

traction unit operator;

asphalt concrete paver operator;

operator of a mobile automated continuous installation for preparing concrete mixtures;

operator of rolling stock maintenance units;

excavator operator;

electric locomotive driver;

electric train driver;

audio equipment maintenance mechanic;

mechanic for servicing filming equipment;

steel and steel erector reinforced concrete structures;

track fitter;

mechanic (machinist);

mechanic (driver) of refrigeration units;

operator of special dredge devices;

illuminator;

pyrotechnician;

skipper;

Assistant driver of a diesel train;

assistant locomotive driver;

assistant locomotive driver;

electric locomotive driver assistant;

assistant driver of an electric train;

mechanic's assistant;

guard (travelling) shipping worker;

conductor;

conductor passenger carriage;

conductor for escorting cargo and special wagons;

locomotive escort conductor;

track worker of the minesweeper crew;

shore worker;

prop master;

helmsman (steerman);

mullet fisherman;

coastal fisherman;

photographer;

marine electrician;

employee positions:

accompanist;

artist-vocalist (soloist);

artist - vocalist of musical comedy and variety show;

artist - concert performer (all genres);

artist - soloist-instrumentalist;

artist (puppeteer) of a puppet theater;

artist of the song and dance ensemble;

ballet dancer;

ballet dancer (soloist);

supporting artist;

drama artist;

artist of chamber instrumental and vocal ensemble;

film artist;

performer of a mimic ensemble;

orchestra artist;

artist of the wind orchestra, folk instruments, pop and symphony orchestra;

spoken word artist;

artist of a symphony (chamber) orchestra;

artist of a dance and choral group;

choir artist;

circus performer of all genres;

performer of pop orchestra and ensemble;

artist of a pop-instrumental ensemble;

artist of pop-sports, illusion and other original pop genres;

artist leading the concert;

the artist is a slapstick clown;

entertainer;

artist - musical eccentric;

satirical artist;

program presenter;

head coach;

head coach of the national team;

cargo and cargo engineer commercial work;

commissioning and testing engineer;

transportation engineer;

operation and maintenance engineer;

production preparation engineer;

repair engineer;

transport engineer;

equipment operation engineer;

mechanical engineer;

process engineer;

ringmaster (leader of the show);

stuntman;

cameraman;

economic consultant;

correspondent;

correspondent for publishing houses, newspapers and magazines;

road master;

How is the period of stay of a foreigner on a business trip determined?

As a rule, the length of stay of a foreigner on a business trip depends on the qualifications of the foreigner. The timing does not depend on the regime of stay in the country, that is, visa or visa-free. So, for a non-highly qualified foreign specialist who is located on the territory of the Russian Federation, the following deadlines are established:

A business trip outside the Russian Federation does not have a specific time frame,

A business trip within the Russian Federation can last a maximum of 10 days, as long as there is permission to fulfill work obligations,

A business trip can last 60 days, that is, as long as you have a work permit in the Russian Federation.

It is also worth considering the travel dates for highly qualified specialists:

A business trip within the Russian Federation can be carried out every year for 30 days for the period when the work permit is valid,

A business trip abroad does not have a specific time frame,

Travel for work is also not limited by time limits.

Documents required for registration of a business trip. When a business trip for an employee in Russia is arranged, the employer must issue the citizen foreign country the following package of documents:

Travel certificate,

An order or order to send an employee on a business trip,

An official assignment indicating the place, time and purpose of the business trip.

If a business trip for a foreigner is issued abroad, then a business trip certificate is not drawn up, because the date of arrival and departure is determined by travel tickets, but here is the date of passage across the border at the mark in foreign passport. When a foreigner arranges a business trip outside the country, a package of documentation is drawn up depending on the regime of entry into the state. If an employee is sent to work in the CIS countries where the company operates visa-free regime, then all the same documents are required that are issued when traveling around the Russian Federation, i.e. travel order, service assignment, travel certificate. If an employee travels to countries where there is a visa regime, as well as to countries where registration is not required, not related to the CIS, then a business trip certificate is not required, but only a business trip order and a work assignment are needed.