Important about employment of foreigners in Ukraine

The State Labor Service and the State Tax Service are launching a new wave of inspections: the official employment of foreigners

The State Labor Service of Ukraine and the State Tax Service will conduct inspections of compliance with labor and employment legislation by employers who have obtained a work permit for foreigners and stateless persons. Particular attention will be paid to the compliance of salaries of foreign citizens to the level established by law and the deduction of a single contribution to the obligatory state social insurance.

Ukrainian government plans to reduce the minimal salary for foreign employees

The relevant instruction was given on 20.10.2021 by the Prime Minister of Ukraine Denis Shmygal at the initiative of the Ministry of Economy.

The basis for such an initiative was to monitor the payment of salaries by employers in 2020 and the first half of 2021 to foreign workers. The results show that information is missing in more than 70% of the total number of persons who have been issued work permits.

The above triggers that many foreigners do not receive salaries and probably did not intend to work for their employers which might result in termination of work permits and residence permits.

Inspections of compliance with labor legislation by employers with non-resident employees in Ukraine

“The inspection of the State Labor Service and the State Tax Service will ensure compliance with the rights and social guarantees of foreign citizens working in Ukraine, as well as stop abuses by employers who promote illegal migration. In case of violations, we will initiate before the State Migration Service the cancellation of temporary residence permits for foreigners who have drawn up fictitious employment contracts with unscrupulous businesses, “said Deputy Minister of Economy of Ukraine Svitlana Glushchenko.

Part-time work for foreign students in Ukraine might be allowed soon

In the future, such monitoring is planned to be introduced on a permanent basis. To this end, the ministry has developed a bill “On Amendments to Certain Laws of Ukraine on the Application of Labor of Foreigners and Stateless Persons in Ukraine.”

However, there is another new, a good one, which, in particular, might simplify the procedure of issuance of work permits and allow foreign students in Ukraine to have a part-time work officially.

In particular, the document proposes:

– strengthen control over compliance with legislation in this area, including through the introduction of monitoring;

– reduce the financial burden on employers by abolishing the obligation to provide a level of wages to a foreigner in the amount of 5 or 10 minimum wages, depending on the category;

– increase the cost of the permit in order to protect the national labor market and direct funds to the payment of benefits for unemployed citizens;

– to provide an opportunity for foreigners studying in educational institutions of Ukraine to work, providing for the employer to obtain a permit free of charge for this category of employees;

– clearly define the list of documents submitted for obtaining or renewing permits; provide a convenient way to obtain a permit, in particular through administrative service centers;

– to ensure free issuance of a duplicate permit in case of its loss or damage.

Our immigration advocate in Ukraine warns that foreigners should avoid dubious paths of their legalization in Ukraine and consider only legitimate options. Otherwise at any moment the authorities might prosecute the illegal legalization based on fake grounds.