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Despite the almost four-year-long war, Ukraine is continuously developing and moving in the direction of the developed European countries. The business environment does not stand still either. Partnerships with other countries and the entry of foreign companies into the Ukrainian market help attract foreign investments and foreign professionals. Cooperation and the exchange of experience in the military sphere, as well as the flow of humanitarian aid from abroad, are also of great importance. That is why the topic of employment of foreigners in Ukraine is extremely relevant.
In this article, we cover everything you need to know about the employment of foreigners in Ukraine:
Hiring foreign professionals has several advantages for companies operating in Ukraine:
As the process of employing foreigners in Ukraine is complex, companies may often face certain difficulties. For example:
There are several legal provisions in Ukrainian legislation that regulate the process of employment of foreigners, in particular:
In addition, the Law No. 2623-IX came into force on October 15, 2022, amending the rules for the employment of foreigners in Ukraine. The Article 42-1 of the Law ‘On Employment of the Population’ was updated and the minimum wage requirement for foreigners was cancelled. Previously, work permits were issued on the condition of paying the foreigner at least 10 minimum wages (except for certain categories). Now, foreigners’ salaries must be at least in the amount of the minimum wage, same as for Ukrainian citizens.
To hire a foreigner, the employer must obtain a work permit that gives the foreigner official access to the labour market in Ukraine.
There are a few things that the employer should keep in mind:
Work permits for foreigners are issued by the territorial offices of the State Employment Service or administrative service centres. The employer may apply to these authorities in person, through an electronic cabinet on the employment centre’s website, or by mail with a list of attachments.
In most cases, the approval of a work permit takes 7 days. The timeframe for reviewing applications is extended in the case of an application for the employment of a citizen of a country that poses a threat to state sovereignty or other national interests of Ukraine. A work permit can be obtained for a period of up to 3 years, depending on the category of the foreign worker.
There are certain categories of foreigners for whom a permit is required. These include:
There are also special categories of persons who do not require a work permit for foreigners. These include:
The procedure for employing foreigners has its own specifics. The employer is responsible for its accuracy and successful completion. Therefore, to avoid possible difficulties, it is important to follow certain actions and requirements for the procedure of obtaining a permit.
The first step is to submit an application in the form established by the Cabinet of Ministers of Ukraine Resolution No. 68 dated 24.02.2023. In this application, the employer confirms that the position in which the foreigner will work is not related to Ukrainian citizenship and does not require access to state secrets in accordance with the laws of Ukraine. In addition to the application, the employer must also attach a certain package of documents and pay a fee for obtaining the permit.
An employment contract with a foreigner is concluded after obtaining a work permit. The employer must submit a certified copy to the employment centre no later than 10 calendar days after signing it. Failure to comply with this obligation within the prescribed period will result in the permit being cancelled.
Employment of foreigners without a work permit is a violation of labour law, which may cause financial and legal complications for the company.
The process of preparing documentation and obtaining a work permit for foreigners requires a lot of time and resources from the employer. This is especially true for international companies that may hire multiple new employees at once. To comply with legal requirements, properly prepare the necessary documentation, and expand your team effortlessly, it is best to turn to a reliable outsourcing partner such as Accace.
A foreign employee can be invaluable element for the prosperity and successful development of a company. If all the requirements are met, the hiring process can be easy and enjoyable. Delegate this task to a team of true experts so you can focus on the effective onboarding of new team members.
About Accace
Accace is a proactive consultancy and outsourcing partner who bridges the gap between needs and solutions. Combining smart and streamlined technology with a holistic approach, we provide an all-round care to clients and consider their matters as our own. With over 800 experts and approximately 2,000 customers, we have vast experience with facilitating the smooth operation and growth of small to large-scale, global businesses.
About Accace Circle
Accace operates internationally as Accace Circle, a co-created business community of like-minded BPO providers and advisors who deliver outstanding services with elevated customer experience and erase the borders of service delivery. Covering over 60 jurisdictions with more than 7,000 professionals, we support over 80,000 customers, mostly mid-size and international Fortune 500 companies from various sectors, and process at least 800,000 pay slips globally.
