Attracting foreign nationals to work – VKS.A work permit for a foreigner.
Attracting foreign nationals to work – VKS, a permit to work a foreigner. The law firm AGTL provides a full range of migration legal services to employers to attract and use foreign workers in Ukraine, as well as services for foreign citizens planning to live and work in Ukraine.
Among our regular clients are large Ukrainian companies with foreign capital, as well as offices and branches of foreign companies of medium and small businesses, including startups.
Our advantages.
Our lawyers are experts in the field of labor and migration law, who have considerable experience in accompanying large Russian and international clients, fluent in English;
a large number of projects in the works, which allows you to have always up-to-date information on the internal requirements of public bodies;
High customer service.
Get a work permit for a foreigner in Ukraine.
Since October 2017, another reform has come into force in Ukraine. This time, drastic changes have touched the rules and conditions of employment of foreigners in Ukraine. The essence of the changes came down to a simple principle: “do what you want, but pay the state.” The principle is embodied by cancelling any requirements for the qualification of a foreigner on the one hand, and setting the minimum wage for payment to a foreigner in the amount of at least 10 minzarpayments set by the law (in 2018 – 3723 UAH) plus introduced payment for issuing a permit also at the extension of the term.
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Among the most significant changes in the employment of foreigners can be attributed to the following: from 2017 it is possible to hire a foreigner in the staff of individuals-entrepreneurs (SDS). Legalized the possibility of applying for a foreigner to work in several companies (the number is not limited by law).
The possibility of a foreigner working in one company has been settled. The need for a work permit for persons who have decided to issue documents to resolve the issue of recognition as a refugee (preliminary stage of refugee registration in Ukraine) has been clarified. Two main categories of foreigners have been identified, for whom differences are established both in the way of applying for a work permit and in the conditions of employment.
Minimum wage requirements for employed non-residents have been established. The list of documents for the registration of work permits for foreigners has been changed. The validity of the work permit for special categories has been adjusted – it is possible to issue a document up to 3 years. The fee for issuing a permit for a foreigner has been changed. From now on, the fee also takes place when the permit is extended. The requirements for changing the resolution have been adjusted. The deadline for processing applications for an application for an application and extension of a work permit has been changed, as well as a deadline for applying for an extension of the permit.
We also pay attention to the upgrade of the procedure for the registration of temporary residence permits in Ukraine.
The new employment of foreigners has been adopted as part of a policy of liberalization in terms of removing barriers to foreign investment. So, for the legal employment of a foreigner to the enterprise, it is necessary to issue a work permit in Ukraine for foreign citizens. Employment of foreigners is carried out without a work permit for persons: with permanent residence in Ukraine with official refugee status who are granted asylum (temporary protection) employees of the foreign fleet (including air), the media; Employees of foreign companies are employed on the basis of a service card; Professional athletes, artists, artists; Emergency workers; clergy to work for religious organizations; Employees involved in international technical assistance projects; teachers to work at universities.
Rules for employing foreigners
First of all, it is necessary to pay attention to the fact that the legislation has established the categories of employed foreigners: a special category two category other foreign workers
Special categories of foreigners include:
1.foreign highly paid professionals are foreigners whose salary is at least 50 minzarpays per month.
2.founders (beneficiaries) of the Ukrainian enterprise.
3.graduates of the top 100 international universities on the list of Cabinet.
4.creative professionals.
5. IT professionals are foreigners who hold a position related to the development and implementation of computer programming results or cryptographic protections.
The second category includes:
1. Commanded foreign workers.
2. Intra-corporate institutions are individuals who work in the organization in one member country and are temporarily transferred to the territory of the other party as part of the implementation of economic activity (p. “c” 35 of the Partnership and Cooperation Agreement between the European Communities and Ukraine 1994). In other words, they are employees of foreign enterprises from ILO member states, who are temporarily transferred to Ukraine to provide services to Ukrainian companies. The group of intra-corporate assignees consists of managers, managers and specialists.
3. Foreigners who have decided to issue documents to consider the issue of granting refugee status in Ukraine. Other foreigners: This category includes foreigners who are not classified as part of the previous two. That is, if you hire a foreigner for a vacant position that does not belong to IT or creative profession. And at the same time, you do not pay a salary of about 6 thousand dollars – your category three.
Consider the differences in the employment rules of foreigners dependent on the above categories:
The salary of a foreigner Since autumn 2017 introduces legislation on the minimum wages for foreign workers: 10 minsplatments – for category 2 and 3 (second and other) 5 minzarpays – for employees of public and charitable organizations, educational institutions. As for the minimum wage for the category of special foreign workers (category 1) – the size is not regulated and fully transferred to the discretion of the employer.
Work permit validity
The validity of the employment permit is similarly dependent on the category of employee. So for the category of special workers and those sent – the term can be up to 3 years. For intra-corporate assignaries – for the entire term of work in Ukraine. For all other foreigners, the permit is valid for up to one year.
Official permission to employ foreigners in Kharkiv, Kyiv, Odessa
The new procedure for issuing a work permit established a general list of necessary documents: an application on the established model, depending on the type of employment of a foreigner; passport copy: one photo measuring 3.4 x 4.5 copy of the employment contract
In addition, there are:
for a graduate of the top 100 universities on the list of the Cabinet – a copy of the notstrified (legalization of the Ministry of Education) in Ukraine diploma; foreign workers of creative professions provide documents that identify the object of copyright/related law and confirm the authorship for the sent employees it is necessary to have a contract between a foreign and Ukrainian enterprise in the employment of a foreigner in the category of “intra-corporate assigne”, in addition to the list of documents a copy of the contract on the temporary transfer of a foreigner for work in Ukraine is submitted.
It should be noted that there is no need to provide any supporting documents for the employment of the founder. However, it should be noted that the work permit to the founder will be issued only after the complete formation of the statutory fund after the registration of the LLC – the Employment Center independently receives such information. As for the employment of an IT specialist, it is necessary that the company’s activities include the appropriate KVED – computer programming. At the same time, the Employment Centre is obliged to independently verify this fact. As we can see from the list of documents for the registration of a work permit of a foreigner from now on, there is no need to prove the absence of employees in Ukraine, even when taking up simple positions that do not require any qualifications. Documents such as a certificate of innocence, medical certificates, diploma, etc. are a thing of the past.
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In this regard, we remind that earlier employment of a foreigner in Ukraine for simple vacancies could be only in the absence of a qualified specialist in Ukraine or the region, able to perform the appropriate type of work. This type of employment of a foreigner was the most common and was used by default (if there were no grounds for applying another type of employment of a foreigner). In order to obtain a work permit for such a foreigner, it was a prerequisite to file a report on the employer’s vacancies 15 days before applying to the Employment Centre for a permit, which made the procedure much more difficult. It is also worth noting that in cases of employment of foreigners within the framework of foreign economic contracts, there is no need to fall under the criterion that the number of all foreigners will not exceed half of the total number of resident workers employed to work under such a contract.
How to issue a work permit for a foreign national in Ukraine
Documents for the application of a work permit are submitted to the Employment Center by the location of the employer. Within 7 days, the C CE package reviews the application and makes a decision, after which the Center notifies the employer of the decision. In the case of a positive decision to issue a work permit, the employer pays the fee for issuing a work permit within 10 days. The permit form is issued after the payment for RNT is received into the accounts of the CST.
How to renew a foreigner’s work permit
The work permit can be extended an unlimited number of times. Under the new work permit rules, documents are submitted no later than 20 days before the document expires. The 40-day limit has been lifted. The application for an extension of the employment permit is 3 days. Payment must be made within 10 days of receiving the decision to extend. Documents for
the extension of the work permit: application for color photo other documents are submitted in case there are changes in the primary documents (on the basis of which a permit was issued).
The employer is obliged to enter into a contract with a foreigner within 90 days of issuing the permit and provide a copy of it to the Employment Center within 10 days of the conclusion. Otherwise, the permit will be revoked.
Changing the application of a work permit
In February 2017, the procedure for issuing a work permit has undergone the following changes: the deadline for applying for the extension of the RNT was limited to a period of no earlier than 40 days and no later than 20 days until the expiration of the permit; legalized the employment of foreigners on a part-time basis; The deadline for submitting a copy of a contract with a foreigner is 10 days from the date of imprisonment (previously it was 7 days); the employer was obliged to enter into an employment contract within 90 days of the application of the work permit, otherwise the RNT was cancelled (previously there was no restriction).
Complexities of the procedure
As we can see, the procedure of obtaining a work permit by an employer and using non-resident labor presents some difficulties. First, the employer must determine whether a particular foreigner should be allowed to obtain a permit for the employment of a particular foreigner. Such situations occur more often than one might assume. Citizens of the former Soviet Union republics, which are currently independent states, can also apply for employment. Some of these persons have the status of stateless persons, as at the time of the establishment of new state borders were without proper legal grounds in Ukraine, did not issue timely citizenship of Ukraine, etc. Some persons have issued by the consular institution temporary documents that replace the lost passport documents. Such situations in employment raise many issues that are difficult to resolve overnight in the absence of specialized knowledge.
Controversial moments
Controversial and ambiguous points in cases about citizenship of a person are quite common.
And their decision should precede consideration of the issue of employment of a foreigner. Secondly, even in the absence of doubts about the legality of a non-resident’s stay on Ukrainian territory and with confidence in the need to obtain permission to use his work, the employer faces a number of difficulties. For example, the correct processing of a package of documents for filing with an employment center will ensure obtaining a work permit in Ukraine quickly, corrections and repeated appeals. In anticipation of the decision, the employer is not entitled to allow a foreigner to work, whose employment is sometimes required as soon as possible. Thirdly, the mistakes of employers in hiring foreigners are fraught with financial consequences. As it was considered, the employer will pay a considerable fine in case of admission to work of a non-resident without a permit to work in Ukraine. Incorrect assessment of circumstances will not be an argument in favour of the employer, since ignorance of the law (or inability to apply its rules) does not exempt from the imposition of sanctions.
