CANCEL THE PERMIT TO USE LABOUR OF FOREIGNERS AND PERSONS WITHOUT CITIZENSHIP

THE EMPLOYER MUST APPLY TO THE TERRITORIAL ORGAN OF THE CENTRAL EXECUTIVE AUTHORITY THAT IMPLEMENTS THE STATE POLICY IN THE SPHERE OF POPULATION EMPLOYMENT AND LABOR MIGRATION (EMPLOYMENT CENTER), THE ABOLITION OF THE EMPLOYMENT PERMIT OF THE FOREIGNER IN THE FOLLOWING CIRCUMSTANCES:

1) labour contract (contract) with a foreigner or person without citizenship is terminated;

2) discontinued pursuant to the contract (contract), concluded between Ukrainian and foreign economic entities, which was directed by a foreigner or person without citizenship;

3) the territorial authority or subdivision of the Central Executive authority that implements the state policy in the field of migration (Migration service of Ukraine) who took the decision on recognition of a foreigner or a stateless person as a refugee or person who needs advanced protection.

TERRITORIAL BODY OF THE CENTRAL EXECUTIVE AUTHORITY THAT IMPLEMENTS THE STATE POLICY IN THE SPHERE OF POPULATION EMPLOYMENT AND LABOR MIGRATION (EMPLOYMENT CENTER), CANCEL A PERMIT IF:

1) payment by the employer of fees for the issuance or renewal of a permit within the period specified by part two of article 42-4 of the Act;

2) failure by the employer to established by the Law to the territorial authority of the Central Executive authority that implements the state policy in the sphere of population employment and labor migration, copies of the employment contract (contract) concluded with a foreigner or a stateless person, if the provision of such a copy is required in accordance with this Law;

3) submission by employer of a written application for cancellation of permission in the circumstances provided for in paragraphs 1-3 of this article or identifying a territorial authority of the Central Executive authority that implements the state policy in the sphere of population employment and labor migration of such circumstances;

4) identify the inaccuracy of data submitted by the employer documents that could not be identified during review of the application;

5) there is a decision on forced return or forced expulsion of a foreigner or person without citizenship, adopted in accordance with articles 26 and 30 of the law of Ukraine "On legal status of foreigners and persons without citizenship";

6) establish the fact of employment of a foreigner or person without citizenship on terms other than what is determined by the resolution or by the second employer (except for concurrent employment pursuant to the second paragraph of article 42 of this Law and of alignment positions according to part three of article 42 of this Law);

7) failure to use a foreigner or a person without citizenship of the right to appeal the decision of the territorial authority or Department of the Central Executive authority that implements the state policy in the sphere of migration, about the refusal of recognition as refugee or person who needs to create advanced protection, or in the case of a final decision of the question of refusal of recognition as refugee or person who needs additional protection;

8) the entry into force of a guilty verdict, according to which the foreigner or the stateless person has been convicted of a crime."

Thus, the non-payment of wages and, accordingly, mandatory fees and charges is not grounds for cancellation of employment permit of the foreigner.

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