Changes regarding employment of foreigners and outstaffing

On 15 October 2022, the Law of Ukraine "On Amendments to Certain Laws of Ukraine Regarding Employment of Foreigners and Stateless Persons in Ukraine and Provision of Mediation Services in Employment Abroad" (the " Law") entered into force. The Law changed the procedure for obtaining and renewal the term of work permits for foreigners and stateless persons, the amount of fee for such work permits, categories of individuals who should obtain work permits, provision of outstaffing services and intermediary recruitment services, etc.

Work permit

The Law introduces important changes regarding obtainment and renewal of work permits (the ''permit'') for foreigners and stateless persons, in particular:

  • extends basic validity period of permits from one to two years
  • cancels special categories of foreign employees, such categories as IT specialists, highly paid professionals, founders and beneficiaries, graduates of top 100 universities, employees of creative professions, gig-specialists and the possibility to obtain a three-year permit for them. From now on, such individuals receive a permit under general conditions for a period of up to two years
  • provides the right to obtain a one-year permit to foreigners and stateless persons which came to Ukraine to study at higher education institutions and intend to work during the period of study and after graduation
  • cancels the requirement to enter into an employment agreement between a foreign seconded employee and a Ukrainian employer
  • allows all categories of foreigners to combine jobs one employer without a need to obtain a separate permit
  • cancels special minimum wages for foreigners. From now on, a minimum wage is sufficient to obtain a permit
  • cancels the possibility of DiiaCity residents to receive work or services provided by foreigners or stateless persons under gig-contracts without the permit
  • increases a fee for obtainment and renewal of the permit. Namely, such a fee ranges from EUR 206 to EUR 687 depending on the term of the permit. The renewal of the permit entails a fee, which ranges from EUR 137 to EUR 618. The fee would be returned to an employer in case of refusal to issue or renew the permit
  • provides that obtaining or extending permits for citizens of the Russian Federation and the Republic of Belarus requires an approval of the Security Service of Ukraine.

Outstaffing and Intermediary recruitment services

The Law envisaged the following changes:

  • cancels the requirement to obtain a license to provide outstaffing services
  • prohibits the entities that provides intermediary services on employment abroad to receive fees, commissions, and other rewards from job searchers to whom they provide such services. Payment for intermediary services on employment abroad is carried out exclusively by an employer

For further information, please contact Asters' Counsel Inesa Letych and Associate Iryna Shaposhnikova

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