Ukraine offers employment opportunities not only for its citizens but also for foreign nationals and stateless individuals, under certain conditions. To officially hire such individuals, employers must obtain a work permit, a document that grants the right to work in Ukraine and serves as a basis for obtaining a temporary residence permit. The permit is issued for the duration of the work contract.
Both legal entities and small businesses can employ foreign nationals in Ukraine by obtaining a work permit for a specific position from the territorial Employment Center. This ensures that foreign employees are hired according to Ukrainian labor laws.
What is a Work Permit for Foreigners in Ukraine?
A work permit is an official document issued by the Ukrainian authorities, allowing a company to employ a foreign citizen or stateless person for a particular position. Foreign employees can work in multiple roles across different companies, but each company must obtain a separate permit for the individual.
However, a foreign employee can work part-time without an additional permit, provided the part-time role is within the same company, and the part-time contract’s duration matches the primary employment contract. Additionally, foreign workers can temporarily replace employees in identical positions, but such temporary employment cannot exceed 60 days per year. The work permit is job-specific, issued for a particular position and individual.
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Conditions for Issuing a Work Permit
The Employment Center issues work permits under the following conditions:
- Absence of qualified Ukrainian candidates: The employer must prove there are no local candidates with the required skills for the job.
- Strong justification: The employer must provide solid reasons for hiring a foreign national over a local candidate.
Who is Exempt from Requiring a Work Permit?
Some categories of foreign citizens are exempt from needing a work permit, including:
– Foreigners with permanent residence in Ukraine.
– Refugees or individuals granted asylum or international protection by the state.
– Foreigners serving as crew members of river or sea vessels, airline personnel, or those providing services in Ukraine.
– Accredited journalists, artists, athletes, and emergency service workers.
– Employees of foreign diplomatic missions officially registered in Ukraine.
– Foreign nationals involved in international technical assistance projects.
– Teachers and researchers invited by Ukrainian universities.
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How to Obtain a Work Permit in Ukraine
To apply for a work permit, the employer must first submit a Form 3-PN report to the Employment Center. Once the application is registered, the authorities review it within 15 days, after which a decision is made and published on the Employment Center’s official website. After receiving the approval, the employer must pay the required fees, and the work permit is issued within 10 business days of payment.
Documents Required for a Work Permit
The following documents must be submitted to obtain a work permit:
- Application form.
- Notarized copy of the foreign national’s passport, translated into Ukrainian.
- A passport-sized color photo.
- A draft employment contract signed and stamped by the employer.
Depending on the specific case, additional documents may be required. The validity of the work permit can range from six months to three years, depending on the category of the foreign worker. Employers can apply for an extension, which must be submitted no later than 20 days before the current permit expires.
Key Changes in Work Permit Regulations in 2022
Since October 2022, changes to Ukraine’s labor laws have simplified salary requirements for foreign workers. Employers are no longer obligated to pay a minimum salary of 10 times the minimum wage and can now follow general labor laws regarding compensation.
Work Restrictions for Foreign Nationals
Certain positions in Ukraine are restricted to Ukrainian citizens only, including:
– Public service employees.
– Judges.
– Customs officers.
– Police officers.
– Prosecutors.
– Notaries.
– Personnel of the Security Service of Ukraine (SBU).
The process of obtaining a work permit for foreigners in Ukraine is regulated and requires adherence to specific legal procedures. Despite some recent changes in regulations, foreign nationals must carefully follow the requirements for legal employment. Employers must ensure they complete the necessary paperwork and comply with Ukrainian labor laws to avoid any legal issues.
When dealing with complex migration issues, it is recommended to seek the help of a specialized lawyer to ensure a full understanding of the legal intricacies. Consider making an appointment for a consultation.