On 20 March 2023, the Parliament adopted a Law of Ukraine "On Changes to Certain Laws of Ukraine on Protection of Rights of Migrants and Battling Fraud in Employment Abroad" (the ''Law"), which enters into force on 14 October 2023.
The Law introduces the following changes to the work of intermediaries in employment abroad:
- Cancels licensing requirement for intermediaries. Instead, companies providing intermediary services on employment abroad must be included in the relevant list of intermediaries maintained by the Ministry of Economic Development. Failure to comply with this requirement entails a fine from UAH 119,000 (EUR 2,970) and if repeated within the year – from UAH 136,000 (EUR 3,395).
- Prohibits receiving any payments for intermediary services from employees. Such intermediary services may be paid only by employers to which the services were provided. Failure to comply with this requirement may lead to a fine of UAH 51,000 (EUR 1,273).
- Obliges intermediaries to (i) inform employees in writing before leaving Ukraine for work abroad of rights and guarantees under employment agreements, contact details of the consular institutions of Ukraine abroad, the draft of an employment agreement, (ii) keep records of individuals employed abroad, (iii) report on its activities on the provision of intermediary services in employment abroad, (iv) provide free of charge information and consultations to individuals on the advantages of legal employment abroad, the nature of future work, conditions and amount of remuneration, conditions of residence in the host country, international agreements in the field of employment and social security concluded between Ukraine and the state of the employer; etc.
For further information, please contact Asters' Counsel Inesa Letych and Associate Iryna Shaposhnikova