The work permit in Ukraine was cancelled: what should the employer do?

The Ukrainian employer, inviting an employee in Ukraine, must perform a certain algorithm of actions so that the employee could safely perform their job duties in Ukraine. For example, in addition to the work permit itself, it is often required to obtain a residence permit for the employee, to monitor changes in the organization of work, which will be used in the permit, and in coronavirus conditions - simply to organize the entry of a foreigner into the country. 

And most importantly - not to make bureaucratic mistakes, because of which the work permit in Ukraine may be simply canceled.

Our lawyers provide assistance both in obtaining permits and in the situation when the permission of the employee was cancelled.

Related article: Why do you need an individual tax number in Ukraine?

The main reasons for the cancellation of a work permit in Ukraine

According to the law, after obtaining a permit, an employer in Ukraine must perform the following series of actions:

1. Pay for the issuance of a permit within 10 working days from the date of the decision on issuance;
2. Conclude an employment contract with a foreigner within 90 days from the date of the decision on extradition;
3. Send a copy of the concluded employment contract to the employment center within 10 days from the date of conclusion;
4. In the future, notify the employment center about labor legal relations (make changes to the permit, in case of a change in position, change in the name of the employer, etc.).

If any of these actions are not performed, it may be grounds to cancel the foreigner's work permit. The most common reason for the cancellation is the late submission of a copy of the employment contract.

As a rule, the decision to cancel a work permit is made by the employment offices within one week from the date of establishing the relevant violation. However, sometimes such a decision can be taken within a month or much later. Therefore, if you submitted a copy of your employment contract on time and did not receive a letter within a week notifying you to cancel your work permit at your contact address, you should not be discouraged, and the letter may arrive three months later.

What are the consequences of work permit cancellation in Ukraine?

The direct consequence of the cancellation of the permit is the termination of the employment contract. The law does not provide any additional time for termination of employment, the employer must do so on the day the permit is cancelled.

Also a foreigner loses the basis for legal stay in Ukraine. A residence permit obtained on the basis of a work permit will be cancelled, and a foreigner is obliged to leave Ukraine within 7 calendar days (to withdraw from registration of place of residence, to leave Ukraine).

What can be done in this situation?

Given the existing legislative mechanisms, there are not many options:

• Get permission again;
• Appeal the decision to cancel the permission.

Unfortunately, the appeal is promising only in a few cases. It is more realistic to obtain a new permit, but with professional legal assistance, which will avoid negative situations.

Understanding the current situation in this area, our lawyers are always ready to provide clear instructions to the employer or employee during and after obtaining the necessary permits for its employees. After all, it is better to act on a warning and simply to prevent the loss of a permit. The cancellation of a permit in 99% of cases is due to a lack of understanding of their responsibilities.