The employment of foreign individuals and stateless persons regardless of the position (hereinafter - foreigners) is allowed in Ukraine only subject to receipt of respective work permits for each such foreign individual (unless the person has Ukrainian residency permit), that generally takes up to one month. Work permit is necessary both in case of direct employment of a foreigner, and in case of secondment of a foreigner. Otherwise Ukrainian authorities may deport foreign workers and impose huge penalty on your legal entity (approx. 2.500 USD).
A foreigner or a stateless person cannot apply for employment in the territory of Ukraine without the direct involvement of the future Ukrainian employer. Labor of foreigners can be used by Ukrainian companies in case they meet such requirements:
- The company is a payer of insurance payments to the State Fund of the Obligatory Social Insurance of Ukraine in Case of Unemployment;
- The foreigner has obtained a work permit for employment with a specific company.
The list of documents for work permit consists of:
- Application form;
- Reasonable grounds for employment of foreign specialists;
- A copy of employment contract;
- Notarized copy of the registration certificate and charter of the subject of economic activity;
- List of the foreigners with the full names of the foreigners;
- Document certifying the powers of the employer's representative;
- Document certifying education and qualifications of the invited foreigners;
- Certificate issued by the State Tax Administration concerning payment of all taxes and dues required by legislation;
- Receipt confirming payment for work permit.
The work permits are granted by the local departments of the State Employment Centre upon the respective application of the employer. Formally, the work permits can be granted, provided that there are no employees available in Ukraine (in the given region) qualified to do the work such foreign individual is supposed to be employed for, and in the presence of sufficient grounds for use of foreign qualified manpower.
Work permit is issued for a term of up to one year and is subject to prolongation upon employer’s request. For this purpose the employer shall apply to respective local department of the State Employment Centre one month prior to expiration of the original work permit.