For anyone, it will not be a secret that foreign companies, as well as companies with foreign investments, prefer not to Ukrainian workers but to foreigners for their effective work. In our opinion, this tendency is due to quite objective reasons. After all, the foreign investor wants to either manage his own company or put his director.
This type of legal relationship is regulated by the Law of Ukraine “On Employment of the Population”, “On the Legal Status of Foreigners”, the Resolution of the Cabinet of Ministers of Ukraine “On Approval of the Procedure for Issuance, Extension and Termination of Permits for the Use of Work of Foreigners and Stateless Persons”, and so on.
A work permit is a document that is received by employers in the manner prescribed by law for the employment of foreign nationals and subjects. The work permit is issued by the state employment center for one year with its annual extension. Use of work of foreigners without permission in the established legal order is prohibited; otherwise, the company will be subject to sanctions on the part of the government and further deport a foreign worker from Ukraine.
The service for obtaining a work permit includes:
– Advising a client on the procedure for obtaining a work permit for a foreigner;
– Receipt of a certificate from the tax inspectorate on payment of taxes and fees;
– Getting help from the employment center;
– Assistance in processing the translation of documents required for obtaining a permit;
– Preparation of an employment contract with a foreign citizen;
– Formation of the required package of documents and submission to the employment center;
– Representation of client’s interests when considering a question at a commission.
On the note: in addition to paying the cost for the work done, the customer will have to pay the cost of translation of documents and the official state duty for consideration of the application in the amount of 4 minimum wages.
– two color photographs in the size of 3,5 x 4,5 cm;
– the charter of the employer (notarial copy);
– an extract from the USREOU on state registration of the employer (notarial copy);
– an order appointing the head of the company (certified by the seal of the employer);
– a list of foreigners indicating their full name and surname, year of birth, passport number, specialty, gender;
– copies of documents on the education or qualification of a foreigner (notarized at the place of issue, apostilled, translated into Ukrainian;
– certificate of the state tax service authority on payment by the employer of taxes and duties (mandatory payments);
– a certificate from the employment center that the employer has no debt to the Fund;
– receipt of payment for consideration of the application;
– a certificate of the internal affairs body about the absence of a criminal record from a foreigner who is in Ukraine at the time of issuance of the permit;
– copies of pages of a foreigner’s passport document containing the basic identification data (with a translation in Ukrainian with a notarial certificate);
– information about the residence address of a foreign citizen in Ukraine, the number of employees working in the state, the position on which the foreign citizen is drawn, the official salary level of the foreign citizen;
– An order to represent the interests of the employer in the employment center.
For consideration of documents submitted by the employer and the provision of appropriate recommendations at the employment center, a commission is set up, which includes representatives of the internal affairs, security services, state border and state tax service. The decision to issue a permit for the use of a foreigner’s work or to extend his term of validity shall be taken by the director or deputy directors of the Kyiv City Employment Center.
It should be noted:
– The permission to use a foreigner’s work is given to the employer, who is registered in the employment center as a payer of insurance premiums to the Fund of compulsory state social insurance of Ukraine in the event of unemployment and has no debts to him.
– The employer also needs to know that the permit for work of a foreign citizen is issued by the state employment center for one year, with its subsequent extension. The application for extension of the term must be submitted to the employer a month before the expiration of the term.
– If you have established labor relations with a foreign citizen without obtaining a permit in accordance with the procedure established by law, then the state employment center in accordance with Part 4 of Art. 8 of the Law of Ukraine “On employment of the population” charges with the employer a fine of twenty times the minimum wage.
– If a foreign citizen has a residence permit in Ukraine then he does not need to obtain a work permit.
To sum up, I would like to note: getting a work permit for a foreign citizen is not a complicated procedure, if you have a complete set of documents and a well-prepared justification for lawyers, then you can count on a positive result. The law firm “Shkromida and Partners” is ready to assist you in this matter.