The permit for employment of foreigners, the permission for employment of foreign citizens, employment of foreigners in Ukraine 2017

27.09.2017 - date of entry into force of the Law of Ukraine from 23.05.2017 "On amendments to some legislative acts of Ukraine on elimination of barriers to attracting foreign investment". This is a significant day that changed the market of foreign labor in Ukraine.

So, the above law was amended the Law of Ukraine "On employment of population".

AND IT INTRODUCED NEW CONCEPTS:

seconded foreign employees - foreigners and persons without citizenship to a foreign employer to Ukraine to perform a certain amount of works (services) on the basis of agreements (contracts), concluded between Ukrainian and foreign economic entities";

intra-corporate transferees, foreigners and stateless persons, established in accordance with the schedule of specific commitments in the services sector of the Protocol on Ukraine's accession to the world trade organization (article II of the General agreement on trade in services)";

highly paid foreign professionals, foreigners or persons without citizenship, wage which is not less than 50 minimum wages;

foreign it professionals - foreigners or stateless persons holding positions related to the development and implementation of the results of computer programming (operating systems, computer programs and their components, web sites, online services ) and cryptographic means of information protection in the legal entities engaged in computer programming as the main economic activities on the National classifier of types of economic activity;

foreign employee - a foreigner or stateless person, who works under an employment contract in Ukrainian employer according to the legislation of Ukraine;

foreign worker creative profession - foreigners and stateless persons who hold positions involving the creation of objects of copyright and / or related rights as the main labor debt ";

Besides, it is established that the work of foreigners and persons without citizenship in the Ukrainian companies can apply for various positions with one or more (two or more) employers, provided permission for use of labour of foreigners and persons without citizenship (hereinafter - the resolution) on each post.

The work of foreign-paid professionals may be used without permission on posts concurrently, if the duration of the employment contract for the position part-time does not exceed the term of the permit at the primary place of work.

Foreign employee can combine work in the position specified by the resolution, with the position of a temporarily absent employee, provided that the combination does not last more than 60 calendar days during the calendar year ";

THE EMPLOYER RECEIVES A PERMIT TO SUCH CATEGORIES OF PERSONS:

• seconded foreign employees;
• intra-corporate transferees;
• foreigners and persons without citizenship, in respect of whom a decision on processing of documents for resolving the issue of recognition as refugee or person who needs additional protection.

SPECIAL CATEGORIES OF FOREIGNERS AND STATELESS PERSONS APPLYING FOR EMPLOYMENT IN UKRAINE, ARE:

1) highly paid foreign professionals;

2) founders and / or participants and / or beneficiaries (controllers) of legal entities established in Ukraine;

3) graduates of universities included in the top hundred in the world rankings of universities, in accordance with the list defined by the Cabinet of Ministers of Ukraine;

4) foreign employees of creative professions;

5) foreign it professionals.

THE EMPLOYER MAY BE GRANTED PERMISSION, SUBJECT TO THE PAYMENT OF WAGES OF NOT LESS THAN:

1) five times the minimum wage - foreign employees in voluntary associations, charities and educational institutions defined in articles 34, 36, 37, 39, 41, 43, 48 law of Ukraine "On education" (for 2017– 3200 -* 5 = 16000 UAH.)

2) ten times the minimum wage for all other categories of employees (in 2017– 3200 -* 5 = 32000 UAH.)

THE MINIMUM WAGE DOES NOT APPLY IN THE CASE OF OBTAINING THE PERMISSION TO EMPLOY PERSONS THE FOLLOWING PERSONS:

1) highly paid foreign professionals;

2) founders and/or participants and/or beneficiaries (controllers) of legal entities established in Ukraine;

3) graduates of universities included in the top hundred in the world rankings of universities, in accordance with the list defined by the Cabinet of Ministers of Ukraine;

4) foreign employees of creative professions;

5) foreign it professionals.

THE LIST OF DOCUMENTS TO OBTAIN THE PERMIT TO USE LABOUR OF FOREIGNERS AND PERSONS WITHOUT CITIZENSHIP AND ITS VALIDITY

To obtain permission the employer should submit to the territorial body of the Central Executive authority that implements the state policy in the sphere of population employment and labor migration (employment center), the following documents:

1) statement in which the employer certifies that the position at which to apply the labour of a foreigner or person without citizenship in accordance with the laws of Ukraine is not connected with belonging to the citizenship of Ukraine and does not require the granting of access to state secrets;

2) copy of the passport of a foreigner or stateless person with personal data with Ukrainian translation, certified in the prescribed manner;

3) a color photo of a foreigner or stateless person size 3,5 x 4,5 centimeters;

4) a copy of a draft employment agreement (contract) with a foreigner or person without citizenship, approved by the employer.

FOR EMPLOYMENT OF CERTAIN CATEGORIES OF FOREIGNERS AND STATELESS PERSONS THE EMPLOYER SHOULD ALSO SUBMIT THE FOLLOWING DOCUMENTS TO:

1) graduates of universities included in the top hundred in the world rankings of universities - copy of diploma on higher education of the respective recognized University in Ukraine in the prescribed manner;

2) foreign workers of creative professions - notarized copies of documents identifying the object of copyright or related rights of the author and confirming the authorship (copyright);

3) secondment of foreign employees - a copy of the agreement (contract), concluded between Ukrainian and foreign economic entities, which provides for the use of labour of foreigners and persons without citizenship, directed the foreign employer in Ukraine to perform a specific scope of work (rendering of services);

4) intra-corporate transferees - the decision of a foreign entity on the transfer of a foreigner to work in Ukraine and a copy of the contract concluded between the foreigner and the foreign entity on the transfer to work in Ukraine with the definition of the term of work in Ukraine;

5) persons in respect of whom a decision on processing of documents for resolving the issue of recognition as refugee or person who needs extra protection, copies of the decision on registration documents for resolving the issue of recognition as refugee or person who needs complementary protection, certificate of application for protection in Ukraine.

For employment of the founders and/or participants and/or beneficiaries (controllers) of legal persons to territorial body of the Central Executive authority that implements the state policy in the sphere of population employment and labor migration (Employment Center), independently receives information about the completion of the formation of the Charter capital of the company at the time of submission of the permit.

For the employment of foreign it professionals the territorial body of the Central Executive authority that implements the state policy in the sphere of population employment and labor migration, independently receives information about the presence of the employer was the activity of computer programming.

FOR PROLONGATION OF PERMIT THE EMPLOYER SHOULD SUBMIT THE FOLLOWING DOCUMENTS:

1) application;

2) photograph of the foreigner or stateless size 3,5 x 4,5 centimeters;

3) necessary documents for obtaining a permit, if they have changed.

Territorial body of the Central Executive authority that implements the state policy in the sphere of population employment and labor migration (Center for Employment), shall receive in electronic form from the Uniform state register of legal entities, individuals - entrepreneurs and community groups information on the status of the employer as a legal entity or physical person - entrepreneur.

Documents referred to in this article issued abroad must be duly legalized, unless otherwise specified by international agreements of Ukraine, consent to be binding by the Verkhovna Rada of Ukraine.

The officials of the territorial organ of the Central Executive authority that implements the state policy in the sphere of population employment and labor migration, it is forbidden to demand from the employers the documents that are not established by this Law.

FROM NOW ON, THERE IS NO NEED TO PROVIDE SUCH DOCUMENTS

AS:

• certificate of no criminal record in Ukraine or in the country of nationality of the alien.
• education documents (except when a permit is purchased for the graduates of the universities included in the top hundred in the world University rankings). That is, it is not necessary to confirm education.
• Ukrainian or foreign medical member that the person is not suffering from chronic alcoholism, toxicomania, drug addiction or other infectious diseases. Previously the provision was mandatory, and the validity of such certificates was 2 months.

THE VALIDITY OF THE PERMIT TO USE LABOUR OF FOREIGNERS:

1. Permission is granted for a period:

1) of the employment agreement (contract), but not more than three years for special categories of foreigners and persons without citizenship, as defined by section 42-1 of this Law (foreign-paid professionals; the founders and / or participants and / or beneficiaries (controllers) of legal entities established in Ukraine; graduates of universities included in the top hundred in the world rankings of universities, in accordance with the list defined by the Cabinet of Ministers of Ukraine; foreign employees of creative professions; foreign it professionals).

2) the Treaty (contract), concluded between Ukrainian and foreign business entities, but not more than three years - for seconded foreign employees;

3) the effect of the decision of a foreign entity on the transfer of a foreigner or stateless person to work in Ukraine and the contract concluded between the foreigner or the person without citizenship and foreign entity on the transfer to work in Ukraine - for intra-corporate transferees;

4) of the employment agreement (contract), but not more than one year for all other foreign employees.

If there is a reason the permit may be renewed an unlimited number of times.

The fee for the issuance or renewal of permits is:

1) for permits that are issued for a period of one to three years, or their validity shall be extended for a period of time - six times the subsistence minimum for able-bodied persons established by law on 1 January of the calendar year in which the employer submitted documents (for 2017– 1600 -* 6 = 9600 UAH.)

2) for permits to be issued for a period of six months to one year, inclusive or their effect shall be extended for such period of four the minimum subsistence level for able-bodied persons established by law on 1 January of the calendar year in which the employer submitted documents (for 2017– 1600 -* 4 = 6400 UAH)

3) for permits to be issued for up to six months, or their effect shall be extended for a period of time - two of the subsistence minimum for able-bodied persons established by law on 1 January of the calendar year in which the employer submitted documents (for 2017– 1600 -* 6 = 3200 UAH.)

The employer shall pay within 10 working days from the date of receipt of the decision on the issuance or extension of a permit that is sent by the territorial authority of the Central Executive authority that implements the state policy in the sphere of population employment and labor migration, by mail with return receipt requested.

If the employer has not paid the fee within 10 working days from the date of the decision on the issuance or extension of a permit, such decision is canceled.

Issuance and extension of permits to use labour of persons in respect of whom a decision on processing of documents for resolving the issue of recognition as refugee or person in need of complementary protection, are free of charge.