According to the Constitution of Ukraine, foreigners and stateless persons who are in Ukraine on legal grounds have the same rights and freedoms and also hold the same duties as citizens of Ukraine – the exceptions established by the Constitution, laws or international treaties Ukraine. This guarantee also applies to the right to labor activity of foreigners and stateless persons.

Thus, the Labour Code of Ukraine stipulates in particular that the labor relations of foreign citizens working in enterprises, institutions and organizations of Ukraine, governed by the law of the state, which made employment (hiring) worker, and international treaties of Ukraine.

Law of Ukraine “On Legal Status of Foreigners and Stateless Persons” provides that foreigners and persons without citizenship who permanently reside in Ukraine and were granted refugee status in Ukraine have the right to work in enterprises, institutions and organizations or engage in other employment activities on the grounds and in the manner prescribed for the citizens of Ukraine.

It should be noted that the document confirming the right of a foreigner or stateless person permanently to Ukraine is a permanent residence permit, a document confirming the grant refugee status – a refugee certificate.

So as seen on foreign nationals subject to all the rights and obligations stipulated by labor legislation of Ukraine, unless international agreements provide otherwise.

It should be noted that the Law of Ukraine “On Employment” the features of hiring foreigners and stateless persons.

Thus, Article 8 of the Act provides that employers have the right to employment of foreigners and stateless persons under an employment contract only if issued by the employer public employment permit employment of foreigners and stateless persons, unless otherwise stipulated by international treaties of Ukraine ratified by the Verkhovna Rada of Ukraine.

It should be noted that the procedure for issuance, extension and revocation of permits for the employment of foreigners and stateless persons approved by the Cabinet of Ministers of Ukraine dated 8 April 2009 g. N 322.

This procedure determines the procedure for issuance, extension and revocation of permits for the employment of foreigners and stateless persons (hereinafter – foreigner).

The paperwork required to obtain permission to employment of foreigners by the employer, which invites you to work foreigner.

Permit the employment of a foreigner is issued by the Employment Office of the Autonomous Republic of Crimea, Kyiv and Sevastopol at the place of the employer as payer of insurance contributions to the Fund of obligatory state social insurance of Ukraine against unemployment in the absence of a country (region) of employees capable of performing relevant work or feasibility studies of sufficient employment of foreigners.

This authorization entitles the employer to temporarily employ a particular foreigner in a particular workplace or a particular post.

However, remember that foreigners and stateless persons can not be appointed to certain positions or engage in certain employment if under the legislation Ukraine appointment to these positions or classes those activities associated with citizenship of Ukraine.

For permission to employment of a foreigner, the employer must submit to the relevant employment center following documents:

• application;
• two color photographs 3,5 x 4,5 cm;
• rationale for the employment of a foreigner and the possibility of creating appropriate conditions for him to stay and work;
  document (order, extract from the minutes, orders, etc.) issued in due course, certifying the individual’s right to represent the
• employer in the employment center;
• help the state tax authority on payment of employer taxes and duties (mandatory payments);
• Employment certificate on the absence of employer debt to the Fund;
• receipt of payment for the application;
• a copy of the project labor agreement (contract) certified by the employer;
• certificate stamped and signed by the employer (if the enterprise regime-secret body – also signed by his supervisor) that the job or position in which use of foreigners, under legislation not related to belonging to citizenship of Ukraine and do not need to provide access to state secrets;
• Help the migration service of absence (presence) of conviction of a foreigner, who at the time of registration permit in the territory of Ukraine;
• help competent authority of the country of origin (finding) that the foreigner at the time of registration permit is outside the Ukraine, not serving a sentence for committing a crime and is not under investigation;
• copies of the charter and certificate of registration of the employer duly certified;
• copies of documents on education or qualified foreigner;
• copies of passport pages foreigner containing basic identification data.

For permission for foreigners who directed foreign entity in Ukraine for a particular workload or services on the basis of agreement (contract) signed between Ukrainian and foreign entities and foreigners who are categorized as “intra assignees” or “persons providing services without commercial presence in Ukraine,” in addition to the documents submitted additional documents, including a foreign entity to transfer the foreigner to work in Ukraine; a copy of the contract foreigner with a foreign entity on the transfer to work in Ukraine with the definition of employment in Ukraine; a copy of the contract for the provision of direct services in Ukraine.

It should be noted that all documents issued by a foreign country and a foreign language provided to the employment center for permission to employ foreigners must be translated into Ukrainian certified in accordance with the legislation of the country of issue and legalized by the Foreign Ministry.

According to the application for permission to employment of a foreigner or prolongation of action of the employer fee in the amount of four minimum wages.

Permit the employment of a foreigner is valid for one year, but for foreigners who are categorized as “intra assignees” or “persons providing services without commercial presence in Ukraine” – no more than three years.

However, if necessary, the term may be extended if the employer time, namely no later than one month before the expiry of permission to appeal to the relevant employment center.

The decision to issue or deny a permit for the employment of a foreigner or prolongation of action taken within 30 days of the employer reported employment center in writing.

Refusal to issue a work permit may be appealed by the employer in the State employment center or in court.

However, it is expedient to note that regardless of the state of the labor market and its trends permit the employment of a foreigner is issued and its validity will not be extended if:

in documents submitted for registration permit contains information that contravene the legislation and international treaties of Ukraine ratified by the Verkhovna Rada of Ukraine;
labor agreement (contract) provides for conditions foreigner worse, and wages lower than for citizens of Ukraine who perform similar work;
the employer intends to hire a foreigner to work, which according to law is related to the citizenship of Ukraine and / or require the provision of access to state secrets;
found evidence the employer filing false information or false documents;
is the decision of the expulsion of a foreigner from Ukraine;
has been less than a year of the previous rejection of foreigners in visa MI-1 or cancellation of prior authorization;
the employer is in arrears to the Fund;
foreigner registration at the time of authorization sentence for committing a crime or under investigation;
the employer has violated the terms of application extension of the permit;
due to changes in the labor market in the country (region) eliminates the need for employer-labor foreigner.
Obtaining permission to employment of a foreigner is grounds for a foreign visa of the type registration of temporary residence registration in Ukraine and temporary residence permit for the duration of authorization.

So, duly certified copy of a permit for the employment of a foreigner employer submits a foreigner sends consular Ukraine’s place of residence of a foreigner for the purpose of obtaining a visa to enter the appropriate type it in Ukraine, as well as the migration services for registration of temporary residence of the foreigner in Ukraine.

At the same time, according to the Rules of registration of visa documents for entry into Ukraine approved by the Cabinet of Ministers of Ukraine dated 20 February 1999 r. 227 number, persons who enter Ukraine for employment immigrant visa is issued IM-1.

It should also be remembered that permit the employment of the foreigner will be canceled in case of:

early termination of the employment contract by the employer (contract);
establishing the fact of forgery or employer providing false information in the documents on which the permit issued (extended its validity);
reduction of the term of temporary stay of a foreigner in Ukraine in accordance with legislation or expulsion from Ukraine;
the finding of the employment of a foreigner in other conditions than those specified in the permit the employment of a foreigner or another employer.
On cancellation of permit the employment of foreigner employment center within three working days inform the authorities of Migration Service and State Border Service using interdepartmental integrated information and telecommunication systems or the absence of the possibility of using this system sends them a written message.

It is worth noting that the use of the employer of foreigners without the employment of a foreigner State Employment Service charge the employer a fine for each such person in dvadtsyatykratnomu the minimum wage established by law.

In addition, employers who invite foreigners for employment provide not only permit for the employment of foreigners and provide registration passport of a foreigner in the respective migration service, which reported employment agency, and in case of a foreigner without a valid reason did not work in the stipulated labor agreement (contract) the period within three working days, notify the relevant authorities migration service, state Border service and employment center.

After the expiry of the permit for the employment of a foreigner employer returns such permission to the employment center.

If canceled permission for the employment of a foreigner or when a foreigner without a valid reason not started to work in the stipulated labor agreement (contract) term, a foreigner may be expelled from Ukraine, and the employer, who invited me to work this foreigner state reimburses the costs of his deportation in the manner prescribed by law.

It should be noted that the employment centers controlling employers of employers to ensure the necessary conditions for residence and work of foreigners, analyze the efficiency of their work during the term of a permit for the employment of foreigners.

It should also be noted that the law provided for cases where foreigners and stateless persons are entitled without employment with the employment of a foreigner.

In particular, from January 1, 2011 employment of foreigners and stateless persons involved commercial partners, the company appointed persons to perform work or services related to the organization and conduct of the championship finals of the 2012 European Football Championship in Ukraine and foreigners engaged investor in and by post (specialty), certain production-sharing agreement is carried out without obtaining a permit.