Obtainment of employment permit in Ukraine
When a corporation that is formed under the laws of Ukraine wants to employ a foreigner (which includes employment of foreigner as a CEO of the company), it is obligatory for such foreign citizen to receive employment authorization document (work permit) from Ukrainian authorities.
Besides its primary purpose, the document also serves as a strong legal ground for issuance of temporary residence permit in Ukraine.
Work permit is an obligatory document which means that failure to comply with the requirement of work permit obtainment may result in administrative liability in the form of fines or other unnecessary consequences.
Our attorneys will help you to get work authorization document within 2 weeks. The term may differ depending on the ability of client to provide certain documents, other factors.
Our law firm provides full range of legal services that will allow a foreign citizen to get employed in our country in accordance with the laws of Ukraine.
Attorney of our office in Kiev will:
- provide legal advices to clients on legal requirements that are set for foreigners that enter into labor relations in Ukraine (which includes advices regarding full list of documents that are to be filed with the governmental agencies, up to date official fees for the issuance of the document, other aspects that may interest both employing company and employed individual);
- if required, organize quick and proper translation as well as notarization of documents;
- draw up all the necessary applications, reports, fill out required official forms;
- help to find specialized medical institutions that conduct medical examinations as well as issue medical examination certificates that are in accordance with regulatory requirements;
- file all the required documents with the controlling authority in the field of employment (in Kiev);
- if requested, make all the official payments in the name of and at expense of the client;
- draft standard employment contract that is in conformity with Ukrainian labor legislation, submit its copy to the controlling authority.
Required documents and information
From an individual (employee):
- original of no-criminal record certificate (certificate of good conduct, lack of criminal record);
- copy of foreigner’s qualification document (college or other diploma, certificate of educational courses completion, etc.) that is translated into Ukrainian and duly certified;
- two photos 3,5 x 4,5 cm (in color);
- copy of foreigner’s passport that is translated into Ukrainian and notarized by a notary;
- medical examination certificate (one proving that a foreigner has no alcohol or drug addiction and another one proving absence of contagious diseases).
From a company (employer):
- power of attorney for lawyers of our law firm with certain powers which among other things include representation in city employment center and other governmental agencies;
- original of work permit (when the work permit was previously issued and needs to be renewed);
- Copy of company’s charter (articles of incorporation) that is certified by a notary or in other way that is in accordance with the laws of Ukraine.
IMPORTANT TO KNOW
Work permit is issued in accordance with the Procedure of issuance, prolongation and invalidation of permit for employment of foreigners and stateless persons that is approved by the Resolution of the Cabinet of Ministers of Ukraine number 437 dated 27.05.2013.
The official fee for issuance of the work permit is 4 minimum wages (as of now it equals to 4872 UAH).
Local bodies (location depends on legal address of employing company) of the State Employment Service issue work permits for the following categories of individuals:
- foreigners or stateless persons if particular region of Ukraine lacks qualified individuals to perform certain type of work;
- foreigners and stateless persons, when use of their labor has sufficient grounds* unless international treaties of Ukraine that the Parliament of Ukraine gave consent to provide otherwise;
- other categories of foreigners.
* - for the purposes of work permit obtainment “sufficient grounds” means that an applicant (foreigner or stateless person) has to meet one of the following requirements:
- be a candidate to the position of CEO or other managing position on the condition that he is already a founder of co-founder of the enterprise, organization, institution, etc;
- be owner of copyright or related rights and get invited to Ukraine to exercise such rights;
- be a candidate to the position of Chief Executive Officer of software company or position of software developer as well as many other similar positions in the field of IT.
Additionally such employee of IT company must have diploma from a higher educational institution ranked among top 100 in the world by one of the following international ratings:
- Times Higher Education;
- Academic Ranking of World Universities by the Center for World-Class Universities at Shanghai Jiao Tong University;
- QS World University Rankings by Faculty;
- Webometrics Ranking of World Universities.
The controlling authorities in Ukraine make their decision based on current year’s ranking or the rankings from previous year or the year before.
Officials of a local body of the State Employment Service are prohibited from requesting documents that are not listed in the Procedure of issuance, prolongation and invalidation of permit for employment of foreigners and stateless persons.
Employment authorization document is issued for the period that cannot exceed one year. It is subject to prolongation for the same term for unlimited number of times.
If work permit is lost, the law requires employer to inform the local body of the State Employment Service that issued the document, Administration of State Border Guard Service of Ukraine as well as body of the State Migration Service of Ukraine that issued temporary residence permit.
Duplicate of the lost permit is issued on condition that the employer provides a free form request about issuance of such duplicate as well as copies of documents which confirm that he has already contacted local bodies of the Migration Service in this regard.
If work permit is damaged, you can receive a new one by filing a free form request with the local body of the Employment Service and returning the damaged document.
The permit is invalidated when:
- employer fails to provide copy of employment contract that was entered into with a foreigner or a stateless person;
- in case of early termination of labor relations between employer and foreigner or stateless person;
- false information that was provided by the employer gets revealed by the controlling authorities;
- controlling authorities find out that a foreigner or stateless person works for a different employer or on terms that differ from those provided in the permit;
- based on other legal grounds.