Publication date: 15.07.2024
Legal aspects of employment of foreigners in Ukraine
Introduction.
The employment of foreigners in Ukraine is a topical issue, given Ukraine's growing integration into the global economy and the need to attract highly qualified specialists. Ukrainian legislation regulating this issue contains a number of requirements and procedures that must be followed by both foreign employees and their employers. In this article, we will review the main legal aspects of employment of foreigners in Ukraine, including obtaining permits, working conditions, social insurance, as well as the rights and obligations of foreign employees.
Obtaining a work permit
According to the Law of Ukraine "On Employment of the Population", foreigners may work in Ukraine only if they have a work permit. Work permits are issued by the territorial offices of the State Employment Service of Ukraine. To obtain it, the employer must submit an application, copies of the company's constituent documents, a draft employment contract with the foreigner, and other necessary documents. It takes up to 15 business days to process the application, after which, if the decision is positive, a work permit is issued.
A work permit can be issued for a period of up to three years with the possibility of extension. Certain categories of foreigners, such as highly qualified specialists or employees of international organisations, are subject to simplified procedures for obtaining a work permit.
Employment contract
Foreign employees must enter into an employment contract with the employer, which regulates the basic terms and conditions of employment: job duties, salary, working hours, salary payment terms, etc. Ukrainian law requires that the working conditions of foreigners be no worse than those of Ukrainian citizens in similar positions.
The employment agreement must also include provisions on social and medical insurance for the foreign employee, as well as the employer's obligations to provide social guarantees and protection. Compliance with Ukrainian labour laws, in particular the Labour Code of Ukraine, is an important component.
Social and medical insurance
Foreigners working in Ukraine are subject to mandatory social and health insurance. This means that the employer is obliged to pay contributions to the Pension Fund, the Unemployment Insurance Fund and the Accident Insurance Fund. In addition, the employer must provide the foreign employee with health insurance covering the costs of treatment in case of illness or accident.
In case of temporary disability, a foreigner is entitled to receive social insurance benefits on an equal basis with Ukrainian citizens. This includes payment of sick leave, maternity benefits, and other social benefits.
Rights and obligations of foreign employees
Foreigners working in Ukraine have the same rights and obligations as Ukrainian citizens. They have the right to safe and healthy working conditions, timely and full remuneration, rest, social protection and protection from discrimination.
The obligations of foreign employees include compliance with internal labour regulations, conscientious performance of their work duties, adherence to occupational health and safety rules, and respect for labour discipline and standards of behaviour. Foreigners must also comply with the laws of Ukraine during their stay on its territory.
Special categories of foreigners
Ukrainian legislation provides for certain specifics for the employment of certain categories of foreigners. For example, there are simplified procedures for obtaining a work permit for highly qualified specialists, scientists, teachers and representatives of international organisations. These categories of employees do not need to confirm the availability of a vacancy for Ukrainian citizens.
For citizens of countries with which Ukraine has agreements on mutual recognition of diplomas and qualifications, the procedure for obtaining a work permit is also simplified. This helps to attract foreign specialists to areas where there is a shortage of qualified personnel.
Liability for violations of the law
Violation of the legislation on the employment of foreigners in Ukraine may have serious consequences for both employers and foreigners. Employers who hire foreigners without the appropriate permit or fail to provide adequate working conditions may be fined. It is also possible to lose the right to employ foreigners.
Foreigners who work without a permit or violate the conditions of their stay in Ukraine may be subject to deportation. This underlines the importance of compliance with legal requirements by both employers and foreign workers.
Conclusion.
The employment of foreigners in Ukraine is an important aspect of the country's economic development and integration into the global community. Ukrainian legislation provides the necessary legal framework to protect the rights of foreign workers and encourage employers to attract highly qualified specialists from abroad. Adherence to the established rules and regulations is key to ensuring the legality and transparency of the process of employing foreigners in Ukraine. This will contribute to the creation of a favourable investment climate and the development of the national economy as a whole.
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