Employment of Foreigners and Stay in Ukraine, work permit

An Expert's View about Employment in Ukraine

Posted on: 23 Feb 2013

Employment of foreigners in Ukraine is regulated by the Labour Code of Ukraine, the Law on Employment and Law on Foreigners Status.
There are some general legal restrictions on using labour of foreign citizens, who may not be appointed, in particular, to some positions at state service, judicial system of Ukraine, etc.
It should be noted that foreigners may work in Ukraine only on the basis of a special eemployment permit, which is necessary both for direct employment and for the secondment. 
The Rules of Issue, Prolongation and Annulment of Employment Permits for Foreigners and Stateless Person are approved by the CMU Resolution as of 08 April 2009 No. 322.
The employment of foreign citizens and stateless persons in Ukraine falls within a specific procedure, which requires the records to be submitted to the competent employment centre, insurance payments to the Ukrainian Obligatory State Social Insurance Fund for Unemployment Cases, tax obligations imposed on the employer. Moreover, the employee’s registration as a tax-payer is obligatory for issuing a permit.
To obtain the permit for a foreign citizen’ work in Ukrainian company the employer applies for the employment center at the place of registration with the corresponding documents provided by paragraph 5 of the Rules.
Foreigners require no visa to get the permit for employment in Ukraine, but should evidence the legal grounds of their stay in Ukraine.
Employment permit is usually issued for a term of up to 1 year and is subject to extension upon employer’s request. For this purpose the employer shall apply to the respective employment centre 1 month before the permit expiry.
In special cases, permit may be obtained for a longer period. For example, in the case of foreign citizen’ job placement in Ukraine on the basis of a contract between the Ukrainian and foreign company permit may be obtained at once for a period of 1 year with the right of extension for the same period.
In the case foreign individuals are shifted (reassigned) to Ukrainian subsidiaries within the same companies group (so-called “intracorporate assignees”), as well as in the case of providing services without a commercial presence in Ukraine the permit is issued for a period of 3 years with possible extension up to 2 years.
Currently there is no legal provision for issuing more than one employment permit to foreigners occupying part-time jobs.
To be employed within two or more companies without obtaining eemployment permit a foreigner needs to obtain a certificate of permanent residence in Ukraine.
Period of permitted stay in Ukraine is 90 days during 180 days since the date of first entry. Foreigners may stay in Ukraine for more that 90 days during 180 days after the first entry if they are: (1) accredited by the MFA, (2) receive a residence permit (temporary or permanent), or (3) extend the term of staying in Ukraine (up to 6 months). Copyright. Marketplace Ukrros LLC. www.kpl.net.ua

Posted: 23 February 2013