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Publication date: 19.04.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
A foreigner's employment permit is an official document that gives foreigners the right to legally engage in employment on the territory of Ukraine for one year with the possibility of renewal. The permit has not only a specific term of validity, but also restrictions that determine where, what types of work can be performed, and other conditions. Obtaining a work permit is an important step for foreigners who wish to work legally in Ukraine. This process must be carried out in accordance with all legal requirements to ensure legality and legal protection of the employee.
General conditions of employment in Ukraine for foreigners:
Obtaining a work permit: Most foreigners who wish to work in Ukraine must obtain a temporary work permit. The employment permit is issued by the competent authorities of Ukraine and usually involves the verification of documents and compliance of qualifications with the requirements of the job offer.
Conditions of employment: Foreigners must comply with all conditions established by the legislation of Ukraine regarding employment, including the terms of the employment contract, wages, working hours and other rights and responsibilities of employees.
Medical examination: Some categories of foreigners may be subject to a medical examination before obtaining an employment permit to ensure the health of the worker and the safety of other workers.
Tax and social obligations: Foreigners working in Ukraine must pay taxes and make social contributions in accordance with the requirements of Ukrainian legislation.
Categories of persons for whose employment it is not necessary to obtain a permit:
1. Certain categories of foreigners, such as refugees, persons in need of additional protection, and persons who have received the status of a person in need of additional protection, may work on the territory of Ukraine without obtaining an employment permit.
2. Foreigners or stateless persons permanently residing on the territory of Ukraine.
3. Employees of foreign mass media accredited to work in Ukraine.
4. Foreigners, or stateless persons who are in Ukraine to conduct teaching or research activities in educational institutions in the event of an invitation.
5. Employees of foreign representative offices registered in Ukraine in accordance with the requirements of the legislation.
6. Employees of emergency and rescue services in certain cases, etc.
Categories of persons for whose employment it is absolutely necessary to obtain a permit:
If a foreigner or a stateless person does not fall under the above criteria, the employer must obtain a permit for the legality of employment relations with such a person. In particular, this may apply to salaried workers, seconded workers, gig workers, persons who have submitted an application to recognize them as stateless persons or who are contesting the refusal to recognize them as stateless persons, intra-corporate assignees, as well as to persons who have arrived in Ukraine for the purpose of training and wish to work during the period of training or after its completion (only in the case when such persons are employed no later than 30 days before the completion of training).
Procedure for employment of a foreigner in Ukraine:
Preparation of documents: The employer must collect all the necessary documents to apply for a work permit. This may include a passport (with a translation into Ukrainian), color photographs, a copy of the employment contract, as well as a receipt confirming the payment of the permit fee, as well as other documents established by the Employment Center.
Submission of documents: The employer must submit the collected documents to the local Employment Center. In particular, this can be done in person, or sent by mail, electronically, or through the Central Administrative Office.
Review of the application: After submitting the application, it is reviewed by competent employees of the Employment Center. This may include checking whether the applicant's qualifications meet the requirements of the job offer, document verification and other administrative procedures.
Issuance of a permit: In case of a positive decision, the Employment Center publishes this information on its website and sends a message to the applicant within two days.
Assistance of a lawyer in obtaining a permit:
A migration law lawyer will help at each stage of obtaining a work permit. Analysis of legislative requirements, preparation of documents, and their submission - all these are the main tasks that a lawyer will perform. The services of a lawyer will help to save money and time of the employer and help to achieve the desired result faster.
