Attraction to labour activity of foreign citizens - highly qualified specialists
AGTL law firm provides a full range of legal services to employers on attraction and use of foreign workers on the territory of Ukraine, as well as services for foreign nationals who stay and work in the territory of Ukraine.
Among our constant clients are large Ukrainian companies with foreign capital and representative offices and branches of foreign companies medium and small businesses, including startups.
Our lawyers are experts in the field of employment and migration law with considerable experience in advising on major Russian and international clients fluent in English;
a large number of projects in the works that allows you to always have the latest information on the internal requirements of the state bodies;
high customer service.
To obtain a work permit of the foreigner in Ukraine
From October 2017 in Ukraine entered into force the new reform. At this time, drastic changes affected the terms and conditions of employment of foreigners in Ukraine. The essence of changes is reduced to a simple principle: "do what you want, but pay the state." The principle embodied by the cancellation of any qualifications of the foreigner on the one hand, and the fixing of minimum wages for payment to the alien of at least 10 minzarplat, established by the legislation (in 2018 3723 UAH). plus implemented payment for the issuance of permits and for the extension of the validity period. How not to pay 10 minzarplat?! Easy! Just don't get to work - this and other secrets are available to our clients! The most significant changes in the procedure for employment of foreigners are the following: 2017 possible the employment of a foreigner in the state, physical persons-entrepreneurs (SPD). Legalized the possibility of registration of a foreigner to work in several companies (the number is not legally restricted) regulate the possibility of work of the foreigner on the combination in one company. Specified the necessity of obtaining permission to work for persons on which the decision on registration documents for resolving the issue of recognition as a refugee (a preliminary stage of processing refugee status in Ukraine). To isolate two main categories of foreigners that have differences in the order of registration of permission to employment, and conditions of employment. Established requirements for minimum wage for employed non-residents. The amended list of documents for registration of permission to employment of foreigners Adjusted the validity period of work permits for special categories – the possibility of execution of a document up to 3 years. Changed the fee for a permit for employment of foreigner. Now charge also carries in the extension of the term of the permit. Revised requirements for the modification of the permit. Changed the terms of consideration of applications for issuance and renewal of work permits, as well as set a time limit for the submission of the application for permit renewal.
Pay attention also to upgrade the procedure for obtaining a temporary residence permit in Ukraine.
The new order of employment of foreigners adopted in the framework of the policy of liberalization in terms of removal of barriers to foreign investment. So, for lawful employment of a foreigner in the company, it is necessary to issue a work Permit in Ukraine for foreign citizens. Employment of foreigners is carried out without registration of work permits for persons with permanent residence permit in Ukraine with official refugee status granted asylum (temporary protection) an employee of a foreign fleet (including air), the media; employees of representative offices of foreign companies employed on the basis of a service card; professional athletes, artists, arts workers; workers emergency services; clergy work in religious organizations; employees engaged in the framework of international technical assistance projects; teachers working in the Universities;
The rules of employment of foreigners
First of all, you need to pay attention to the fact that the legislation has established the category of employed aliens: special category the second category of other foreign workers
To special categories of aliens are:
1. foreign highly paid professionals – foreigners, whose salary is not less than 50 minimum wages per month
2. the founders (beneficiaries) of the Ukrainian enterprise
3. graduates of the top 100 international universities in the list of the Cabinet
4. employees of creative professions
5. IT professionals are foreigners who hold a position related to the development and implementation of the results of computer programming or cryptographic protection
The second category:
2. Intra-corporate transferees - natural persons who work in the organization in the territory of one participating country Agreements and are temporarily transferred to the territory of the other party in the framework of the implementation of economic activities (paragraph "C" of article 35 of the Agreement on partnership and cooperation between the European communities and Ukraine of 1994). In other words, are employees of foreign companies of the States members of the ILO who are temporarily transferred to Ukraine to provide services to Ukrainian companies. Group intra-corporate transferees are executives, managers and professionals.
3. The aliens on which the decision about the preparation of documents for consideration of the issue of granting refugee status in Ukraine. Other aliens: this category includes foreigners who are not related to the previous two. Ie if you are taking a foreigner to a vacant position that does not belong to the IT or creative industry. And if you don't pay wages in the amount of about 6 thousand dollars – your third category.
Consider the differences in the rules of employment of foreigners dependent on the above categories: the Salary of a foreigner in the fall of 2017 introduced a legislative regulation of minimum wages for foreign employees: 10 mischlot for category 2 and 3 (second and other) 5 minzarplat – for employees of public and charitable organizations, and educational institutions. as for the minimum wage to special categories of foreign workers (category No. 1) – the size is not regulated and completely transferred at the discretion of the employer.
The validity of the work permit
The term of the permit similarly dependent on the employee category: So for a category of special employees and business travelers - the term may be up to 3 years. For intra-corporate transferees for the entire period of work in Ukraine For all other foreigners the term of the permit is 1 year.
Official permission on employment of foreigners in Kharkov
New order of registration of work permits set the total list of required documents: application of an approved pattern depending on the type of employment of the foreigner; copy of passport: one photograph of size 3,4 × 4,5 a copy of the employment contract
Extras include: graduate of a TOP 100 University in the list of the Cabinet – a copy notifizierung (legalization of the Ministry of education) in Ukraine diploma; foreign employees of creative professions provide documents that identificeret the object of copyright/related rights and acknowledge the authorship of for posted workers it is necessary the existence of a contract between the foreign and the Ukrainian enterprise in the employment category of "intracorporate transferee", in addition to the list of documents is served a copy of the contract about the temporary transfer of a foreigner to work in Ukraine.
It should be noted that the employment of a founder, there is no need to provide any supporting documents. However, you should pay attention to the fact that the work permit to the founder will issue only after the complete formation of the Charter capital after the registration of OOO – employment Center will obtain such information. As for employment IT-specialist, it is necessary that the activities of the company appeared relevant KVED – computer programming. The employment Center shall independently verify this fact. As you can see from the list of documents for registration of the work permit of a foreigner no longer requires evidence of the absence in Ukraine of employees, even when taking simple positions that don't require any qualification. Such documents as a certificate of good conduct, medical certificates, diploma, etc. in the past. In this connection we will remind that earlier employment in Ukraine for the simple jobs could be only in case of absence in Ukraine or the region of a qualified specialist capable of performing the appropriate type of work. This kind of foreigner employment was most common and was applied by default (if no grounds for applying another type of foreigner employment). For registration of the work permit of the foreigner prerequisite was filing a report on vacancies the employer 15 days before applying to the employment Center about a permit, which significantly complicated the procedure. It is also worth to note that for the cases of employment of foreigners in the framework of the implementation of foreign economic contracts no longer need be subject to the criterion that the number of foreigners is not to exceed half of the total number of employees of the resident involved in the work under this contract.
The procedure for issuing work permit for a foreign citizen in Ukraine
Documents for registration of work permits submitted to the employment Center at the location of the employer. Within 7 days package CL reviews the application and makes a decision, then the Center shall notify the employer about the decision. In case of positive decision on granting a work permit, the employer within 10 days pay the fee for issuance of the permit. The form of permission issued after receipt to the accounts of the TSZ payment for RNT.
The procedure for extending work permit of the foreigner
A work permit may be extended unlimited number of times. Under the new rules permit to work documents are submitted not later than 20 days prior to the expiration of the document. A limit of 40 days is removed. The term of consideration of statements on extension of the permit is 3 days. The payment must be made within 10 days of receipt of the decision on the extension. Documents for extending a work permit: the application for colour photography other documents filed in the case of changes in the primary documents (on the basis of which the permit was issued)
The employer is obliged to conclude an employment contract with a foreigner within 90-days from the date of issuance of the permit and provide a copy to the employment Center within 10 days from the moment of conclusion. Otherwise, the permission is revoked.
Change registration permit
In February 2017 the procedure of obtaining a work permit has undergone the following changes: the deadline for renewal of PHT were restricted to a period no earlier than 40 days and not later than 20 days before the date of expiry of the permit ; legalized the registration of employment of aliens concurrently; the deadline for the submission of a copy of the employment contract with a foreigner - 10 days from the moment of detention (previously 7 days); the employer is obliged to conclude an employment contract within 90 days from the date of issue of the permit, otherwise the RNT is canceled (previously, the limit was not). As you can see, the procedure of obtaining the employer work permits and the employment of non-residents presents some difficulties. First, the employer must determine whether the employment of a particular alien to obtain a permit. Such situations arise more often than you might think. To apply for employment for the citizens of the former Soviet republics, which are today independent States. Some of these persons have the status of stateless persons, since the establishment of new state borders were without proper legal grounds on the territory of Ukraine, not issued in a timely manner of the citizenship of Ukraine, etc. Some persons are issued by a consular post temporary documents, which replace lost passport documents. Such situations are in employment, there are many questions that are difficult to solve overnight, in the absence of special knowledge. Some controversial moments in the Affairs about citizenship of the person is quite common. And their decision should be preceded by consideration of a question on employment of foreigner. Second, even if there is no doubt about the legality of stay of non-residents on Ukrainian territory and confidence necessary to obtain permission for the use of his work, the employer faces a number of difficulties. For example, the correct registration of documents for submission to the employment center will provide a work permit in Ukraine quickly, fixes and re-appeals. Pending the decision of the employer shall not allow the work of a foreigner, the labour participation which is sometimes required in the near future. Third, faults of employers in hiring foreigners is fraught with financial implications. As demonstrated, the employer will pay a considerable fine in case of admission to work of a non-resident without a work permit in Ukraine. Incorrect assessment of the circumstances will not be an argument in favor of the employer because ignorance of the law (or inability to apply rules) is not exempt from the imposition of sanctions.