Legal assistance to foreign companies in Ukraine: personnel issues

Our firm actively provides legal support services on a variety of issues to foreign companies entering the Ukrainian market.

For example, the companies which wished to take part in tenders of a fuel and energy direction and to begin business in sphere of power of Ukraine addressed to us. Today we will tell about such cases from practice and possible difficulties that such companies will have to face.

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First case: engineering team relocation support to Ukraine

It is often necessary for foreign businesses to bring their own specialists to perform certain types of work. This is exactly what happened with our Client (an independent European company), which won the tender for gas production for Ukrgazdobycha. 

It was important to bring foreign employees, because the technology that should have been applied, namely, hydraulic fracturing, is still new for Ukraine, so there is no equipment, let alone sufficient number of specialists in our country.

Our lawyers have helped throughout the entire relocation process. As the implementation of the project required a long-term stay in Ukraine, our Client's employees lacked the visa-free period, which was granted to them due to international treaties of Ukraine.

In addition, the employment of foreign nationals in Ukraine, even those who are formally in labor relations with a foreign company, needs to be legalized through obtaining the appropriate work permits.

We've broken down the whole project into stages:

• organization of contractual work, on the basis of which the workers' redeployment in Ukraine should take place;
• preparation of the package of documents and obtaining work permits for 1 to 3 years;
• support in obtaining D-type visas at the Ukrainian embassy abroad;
• obtaining a residence permit for a period corresponding to the terms of work permits.

As a result, we were able to help with the redeployment of 60 foreign nationals to work in Ukraine on a rotational basis.

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Second case: building license obtaining

In this case, we were approached by a large Chinese construction company that was just about to take part in a tender for the construction of infrastructure facilities for the gas production industry. But in order to take part in the tender it was necessary to have a license for construction activity on the territory of Ukraine.

The Real Estate and Construction Practice lawyers advised the Client on the requirements for the material and technical basis, as well as the personnel that must be available to obtain a license for the relevant types of construction works and the class of consequences. After the Client fulfilled the requirements and received all necessary intermediate documents, we obtained the license required for the tender.

Our lawyers also helped the Client with the execution of documents for the subjects that were created by a Chinese company in Ukraine, namely, representative office and LLC.

In the first case, we received service cards. Later on, we presented the Client's interests to the Ministry of Economy to attract more employees of the representative office than is provided by the default law. For this purpose, appropriate substantiations and supporting documents were provided.

For employment in LLC we have received the appropriate permits to work in Ukraine.

If you want to enter the Ukrainian market - call us. We offer comprehensive services and will solve any problem that will face your business.