June 2013

New Procedure for Employment of Foreigners

On 5 July 2013 the Resolution of the Cabinet of Ministers of Ukraine No. 437 of 27 May 2013 approving new Procedure for Issue, Extension and Cancelation of a Permit for Employment of Foreign and Stateless Individuals (the "Procedure") came into effect. The Procedure replaced the previous procedure for issue, extension and cancelation of a permit for employment of foreign and stateless individuals, as approved by the Resolution of the Cabinet of Ministers of Ukraine No. 322 of 8 April 2009.

The Procedure has reduced a number of documents to be filed by employer for obtaining a permit to employ a foreign or stateless individual (a "Permit"). In particular, now employer does not have to submit certificates from tax authority and employment center and must submit a copy of employer's charter only in certain cases. Also, unlike under the previous procedure, employer does not need to include a copy of a draft employment agreement with a prospective employee in the filing. However, after a Permit is issued, employer must submit a copy of a signed employment agreement with relevant employee to the employment center. Failure to comply with this requirement may result into cancellation of the Permit.

A new document required to obtain a Permit is a certificate from a medical facility confirming that an individual is not suffering from chronic alcoholism, drugs or substance abuse or infectious illnesses according to the list of the Healthcare Ministry of Ukraine. Also, under the Procedure, in order to obtain a Permit an employer must submit information on a job opening to a local employment center at least 15 calendar days before applying for such a Permit.

As before, the fee for issuing a Permit amounts to 4 minimum salaries. However, as distinct from previous procedure, the fee is payable only after the employment center decides to issue a Permit.

Furthermore, the Procedure changes the process for issuing a Permit. Now the employment center has 15 calendar days to decide on whether to grant, extend or deny granting or extension of a Permit. The employment center issues the Permit to employer within 10 business days after approving a positive decision on granting the Permit and receiving a respective fee from employer.

In addition, the Procedure facilitates the process for extending a Permit. In order to extend a Permit, an employer should file, at least 30 days before its expiry, an application, two photos of an employee and a certificate confirming absence of criminal proceedings and sentences in respect of an employee. There is no need to file any other documents unless they were subject to any changes.

Apart from this, new Procedure provides for issuing a duplicate Permit in case of its loss or damaging and also amends the lists of reasons for denial in issue or extension of a Permit, as well as grounds for its cancellation.

For further information please contact
counsel Svitlana Chepurna and associate Inesa Letych

© Asters 2013
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