Work permit

Today, it has become a regular practice for Ukrainian companies to employ foreign experts.

It's important to note that current legislation provides special procedure for employment of foreign citizens in Ukraine. First and foremost step is obtaining a work permit. Foreign nationals without a work permit can not be a party to a labor contract according to Ukrainian laws and cannot be hired by Ukrainian employers.

In order for foreign nationals to become a manager of his own company they also have to have a work permit. Considering all these facts obtaining a work permit for foreigners seeking employment in Ukraine is essential.

Application processing time is 2 months

Cost of service is 5 000 UAH.

According to paragraph 2, Article 8 of the Law of Ukraine «On employment» «employers have the right to use labor of foreign nationals and stateless persons on the terms of the labor contract only if an employer has a permit issued by the State employment agency to use labor of foreign nationals and stateless persons».

Procedure of issuing permits to use labor of foreign nationals provided by the resolution of Cabinet of Ministers of 08 April 2009 «On order of issuing renewing and revocation of permits to use labor of foreign nationals and stateless persons».

In accordance with paragraph 2 of this resolution «permit to use labor of foreign nationals and stateless persons grants the right to an employer to temporary use labor of foreigners on certain job position or on certain post, issued in cases when in the country (region) there is shortage of workers able to fill these positions, or when there are other sufficient grounds to use labor of a foreign national, if its not contradictory to international agreements to which Ukraine is a party and approved as mandatory to comply with by the Ukrainian parliament».

So, in order for a foreign national to obtain a work permit, employer (or its authorized representative) has to submit the following documents to Kiev employment center:

1. Application.
2. Two 4.5x3.5cm color pictures.
3. Grounds for employing a foreigner and proof of ability to create appropriate conditions for work and stay.
4. Authorization (power of attorney, order and etc.) to represent an employer in employment center.
5. Statement from State revenue service confirming payment of taxes and other obligatory payments.
6. Statement from employment center on payments to employment fund.
7. Receipt confirming payment of application fee (4 minimum wages, beginning 01 April 2011 it is 3 840.00 UAH).
8. Copy of future labor contract signed by employer.
9. Signed and sealed statement of the perspective employer (also signed by the head of security department, if applicable) that the job position, in accordance with legislation, does not require Ukrainian citizenship and does not involve access to State secret.
10. Statement of respective organ of Ukrainian Ministry of internal affairs confirming that foreigner applying for work permit does not have a criminal record.
11. Statement from respective law-enforcement agency in the country of origin (residence) confirming that foreigner applying for work permit is not serving time for committed crime (if applicant is outside Ukraine) and is not under criminal investigation.

12. Notarized copies of Charter and certificate of state registration of a perspective employer.

13. Copies of documents proving education, skills and experience.

14. Copy of passport (pages containing identification and other relevant information)

All document issued by foreign authorities in foreign language must be translated into Ukrainian and duly registered (legalized) with Ministry of foreign affairs.

Processing of application, which has to be submitted either by employer or by its authorized representative, takes 30 days. Upon positive decision work permit can be issued for the time period not exceeding 1 year.

Please note, that permit to use labor of foreign nationals can be issued only to employers that don't have any outstanding obligatory payments.

It is also important to note that foreign citizens, holders of a work permit, can apply for a temporary residence in Ukraine. Foreign nationals that permanently reside in Ukraine and have a proper residence permit do not need to apply for a work permit.

So, let's quickly summarize all above-mentioned facts and make a few important points.

Employers can engage in any labor relations with foreign citizens and stateless persons only if they have a proper permit issued by the Employment center. Procedure of issuing permits to use labor of foreign nationals provided by the resolution of Cabinet of Ministers.

Any employer engaging in labor relations with foreign nationals without proper authorization will be fined for the amount of 20 minimum wages in accordance with paragraph 2, Article 8 of the Law of Ukraine «On employment».

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