Особливості працевлаштування іноземців та осіб без громадянства / Features of foreigners and stateless persons employment

Every year, more and more foreigners come to Ukraine for employment. The main reason is the global worldwide labour migration, but also  investment projects implemented in our country, as well, fair conditions for starting business in Ukraine and attractive tax rates compared to other European countries and simple (understandable)  rules of employment.

The involvement of foreign experts makes the Ukrainian labour market competitive. Thus, according to the State Employment Service, two-thirds of  expatriate employees  in Ukraine are  chiefs (supervisors) or middle-level managers, who come to Ukraine for  efficient internal processes in company and exchange of experience.

An entire section 7 in the Law of Ukraine “On Employment of Population” of 2013 regulates  employment of foreigners. And changes of 2017 have significantly simplified the procedures regulating labour of expats and the list of documents for obtaining a work permit in Ukraine.                                                    

For example, in order to employ foreigners (and stateless persons) in Ukraine, it is necessary to submit a simple set of documents from the employer and to obtain work permit within a short term (now up to one week in practice), which in turn gives the right to applying for temporary residence permit in Ukraine.                                                       

Lets look closely at the implementation of this right in Ukraine. Therefore, to obtain a work permit, the employer of a Ukrainian company or individual entrepreneur personally or by representative applies to the territorial body of the State Employment Service, and in Kiev – to the Center  of Administrative Services with the following document package:

– Application form (which can be found on the website of the State Employment Service) for registration, extension or amendment;

– Copies of pages of passport document of the foreigner with translation into Ukrainian language and Notarized (certified by Notary);

– 1 photo;

– Employment contract project  certified by employer.                                                          

You can track the progress of the case by case number  online (on the website of the Employment Center), also you will receive a message (report) on the result  by mail about any decision by your case.

 After receiving a decision  to issue a permit by the Employment Center, the employer has to pay a bill in 10 working days.

Important and necessary! In terms of 90-days from the date of issue, the employer has to sign an employment contract with the employee and provide a certified copy to the employment center (or CNAP) Center  of Administrative Services together with an application (in an optional form) to provide its copy.

The permit is issued for a term of employment contract, for a period up to 1 year, but also the Law defines special categories of foreign citizens and stateless persons, for whom they have excellent opportunities and gives them the right to receive such document for a period up to 3 years.

The law sets out special category of foreign workers, such as:

  • Founders and/or beneficiaries of companies (legal entities) registered in Ukraine;
  • Highly paid professionals (for whom the level of salary have to be at least 50 minimum salaries established by Law);
  • IT professionals, who came to Ukraine to implementation specific projects;
  • Foreign workers of creative professions;
  • Graduates from the top 100 universities in the world rankings, which are listed by the Cabinet of Ministers of Ukraine.

Another feature of employment of foreigners is the level of salary, so, for employees who are not included in the list of special categories, salary is set at the level of at least 10 minimum salaries established by the Law of the State Budget of Ukraine for each year.

The work permit may be renewed for an unlimited number of times by the employer application, but not later  than in 20 days before the expiry date of the permit.

According to the Law there are categories of foreigners who are employed in Ukraine on a general basis, as citizens of Ukraine, without obtaining a work permit. It is about: foreigners with permanent residence permit in Ukraine, who have acquired refugee status, foreign Ukrainian status and foreigners who are employed in foreign missions.

The Modern  regime of  getting permits  is an important step towards business in Ukraine and achieving a new level. It also may be an attractive factor for foreigner investors, who are looking for new business possibilities  in Ukraine.

Every year, more and more foreigners come to Ukraine for employment. The main reason is the global worldwide labour migration, but also  investment projects implemented in our country, as well, fair conditions for starting business in Ukraine and attractive tax rates compared to other European countries and simple (understandable)  rules of employment.

The involvement of foreign experts makes the Ukrainian labour market competitive. Thus, according to the State Employment Service, two-thirds of  expatriate employees  in Ukraine are  chiefs (supervisors) or middle-level managers, who come to Ukraine for  efficient internal processes in company and exchange of experience.

An entire section 7 in the Law of Ukraine “On Employment of Population” of 2013 regulates  employment of foreigners. And changes of 2017 have significantly simplified the procedures regulating labour of expats and the list of documents for obtaining a work permit in Ukraine.                                                   

For example, in order to employ foreigners (and stateless persons) in Ukraine, it is necessary to submit a simple set of documents from the employer and to obtain work permit within a short term (now up to one week in practice), which in turn gives the right to applying for temporary residence permit in Ukraine.                                                      

Lets look closely at the implementation of this right in Ukraine. Therefore, to obtain a work permit, the employer of a Ukrainian company or individual entrepreneur personally or by representative applies to the territorial body of the State Employment Service, and in Kiev – to the Center  of Administrative Services with the following document package:

– Application form (which can be found on the website of the State Employment Service) for registration, extension or amendment;

– Copies of pages of passport document of the foreigner with translation into Ukrainian language and Notarized (certified by Notary);

– 1 photo;

– Employment contract project  certified by employer.                                                                    

You can track the progress of the case by case number  online (on the website of the Employment Center), also you will receive a message (report) on the result  by mail about any decision by your case.

 After receiving a decision  to issue a permit by the Employment Center, the employer has to pay a bill in 10 working days.

Important and necessary! In terms of 90-days from the date of issue, the employer has to sign an employment contract with the employee and provide a certified copy to the employment center (or CNAP) Center  of Administrative Services together with an application (in an optional form) to provide its copy.

The permit is issued for a term of employment contract, for a period up to 1 year, but also the Law defines special categories of foreign citizens and stateless persons, for whom they have excellent opportunities and gives them the right to receive such document for a period up to 3 years.

The law sets out special category of foreign workers, such as:

  • Founders and/or beneficiaries of companies (legal entities) registered in Ukraine;
  • Highly paid professionals (for whom the level of salary have to be at least 50 minimum salaries established by Law);
  • IT professionals, who came to Ukraine to implementation specific projects;
  • Foreign workers of creative professions;
  • Graduates from the top 100 universities in the world rankings, which are listed by the Cabinet of Ministers of Ukraine.

Another feature of employment of foreigners is the level of salary, so, for employees who are not included in the list of special categories, salary is set at the level of at least 10 minimum salaries established by the Law of the State Budget of Ukraine for each year.

The work permit may be renewed for an unlimited number of times by the employer application, but not later  than in 20 days before the expiry date of the permit.

According to the Law there are categories of foreigners who are employed in Ukraine on a general basis, as citizens of Ukraine, without obtaining a work permit. It is about: foreigners with permanent residence permit in Ukraine, who have acquired refugee status, foreign Ukrainian status and foreigners who are employed in foreign missions.

The Modern  regime of  getting permits  is an important step towards business in Ukraine and achieving a new level. It also may be an attractive factor for foreigner investors, who are looking for new business possibilities  in Ukraine.

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