Publication date: 11.07.2024
Obtaining a work permit for foreigners in Ukraine
Introduction
Employment of foreigners in Ukraine requires compliance with certain legal procedures and obtaining appropriate permits. This ensures the legal stay of foreign employees in the country and the protection of their labour rights. In this article, we will consider the detailed procedure for obtaining a work permit for foreigners in Ukraine, the necessary documents and procedures, as well as the rights and obligations of employers and foreign employees.
Legal framework
The following legal acts regulate the issuance of work permits for foreigners:
- The Constitution of Ukraine
- The Labour Code of Ukraine
- The Law of Ukraine "On Employment of the Population"
- The Law of Ukraine "On the Legal Status of Foreigners and Stateless Persons"
- Resolutions of the Cabinet of Ministers of Ukraine regulating the employment of foreigners
The procedure for obtaining a work permit
1. Employer's application to the State Employment Service (SES)
An employer intending to employ a foreigner must apply to the State Employment Service of Ukraine (SES) for a work permit.
2. Preparation of necessary documents
To obtain a work permit, an employer must submit the following documents:
- Anapplication in the prescribed form: The application must contain information about the employer, the foreign employee and the justification for the need to employ the foreigner.
- Acopy of the agreement or contract with the foreigner: A document confirming the agreement between the employer and the foreigner on the terms of employment.
- Certificate of no criminal record of the foreigner: A document issued by the competent authority of the foreigner's country of citizenship.
- Acopy of the foreigner's passport: The passport must be valid at the time of application.
- Photographs of the foreigner: The size and format of the photos are determined by the SES.
- Proof of foreigner'squalifications: Diplomas, certificates or other documents confirming the foreigner's professional qualifications.
- Adocument confirming payment of the application processing fee: Confirmation of payment of the established application fee.
3. Consideration of the application
The SES considers the application within 15 working days. Additional checks may be carried out during the application review, including checking the availability of qualified candidates among Ukrainian citizens for the relevant position.
4. Decision-making
After reviewing the application, the SES makes a decision to issue or refuse to issue a work permit. In case of a positive decision, the employer receives a work permit for the foreigner, which is valid for the period specified in the permit, but not more than one year. The permit may be extended if there are grounds for doing so.
5. Obtaining a temporary residence permit
After obtaining a work permit, a foreigner must apply to the State Migration Service of Ukraine (SMS) for a temporary residence permit. This is necessary for a foreigner to legally stay in Ukraine for the duration of the employment contract.
6. Preparing the necessary documents for the SMS
To obtain a temporary residence permit, a foreigner must submit the following documents:
- Anapplication in the prescribed form: The application must contain information about the foreigner, his/her passport data and the grounds for obtaining the residence permit.
- Passport of a foreigner with a visa: The passport must be valid at the time of application, and the visa must be appropriate for the purpose of stay.
- Workpermit: A document issued by the SES confirming the foreigner's right to work in Ukraine.
- Acopy of the employment agreement or contract: A document confirming the agreement between the employer and the foreigner on the terms of employment.
- Document confirming the availability of health insurance: An insurance policy that covers the costs of medical services in Ukraine.
- Document of residence registration in Ukraine: Confirmation of the availability of housing where the foreigner will live during his/her stay in Ukraine.
- Photos of the foreigner: The size and format of the photos are determined by the SMS.
- Adocument confirming payment of the state fee for obtaining a residence permit: Confirmation of payment of the established fee for consideration of the application.
7. Consideration of the application by the SMS
The SMS considers the application within 15 working days. In case of a positive decision, the foreigner receives a temporary residence permit, which is valid for the duration of the work permit and the employment contract.
Rights and obligations of foreign workers
Rights of foreign workers
- Right to work: Foreign workers have the right to work on equal terms with Ukrainian citizens, including the right to equal remuneration, social protection and safe working conditions.
- Right to rest: Foreigners have the right to annual paid holidays, days off and other types of rest in accordance with Ukrainian legislation.
- Right tosocial protection: Foreign workers have the right to social insurance, medical care and other types of social protection provided by law.
- Theright to education and professional development: Foreigners have the right to professional training, advanced training and retraining on equal terms with Ukrainian citizens.
Responsibilities of foreign employees
- Compliance withUkrainian legislation: Foreigners are obliged to comply with the laws of Ukraine, including labour laws, internal labour regulations and other legal acts.
- Notification ofchange of circumstances: Foreign employees are obliged to notify their employer and the relevant state authorities of any changes in circumstances that may affect their legal status, including changes in their place of residence, marital status, etc.
- Fulfilment of the terms of the employmentcontract: Foreigners must comply with the terms and conditions of the employment contract, including duties related to the performance of work, compliance with occupational health and safety rules.
Responsibility of the employer
An employer who employs foreigners also has certain duties and is responsible for their fulfilment:
- Obtaining a work permit: The employer is obliged to obtain a work permit for the foreigner and ensure his/her legal stay in Ukraine.
- Keeping records offoreign employees: The employer is obliged to keep records of foreign employees and timely submit the necessary information to the State Employment Service and the State Migration Service.
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