From May 2009, Ukraine's labour market will become less accessible to foreign employees.

Employers wishing to employ a foreign employee will have to submit various documents to the State Centre of Employment, including:

  • proof of its need to employ a foreign national and of its ability to provide them with appropriate work and living conditions
  • a statement from the authorities in the individual's home country that they are not subject to a criminal sentence or investigation
  • authenticated documents confirming the individual's education and qualifications

Foreign nationals (including stateless persons) may only be hired by employers that are registered with the State Centre of Employment and have no debts owed to it.

Successful applications will result in a work permit for up to one year (three years for certain categories of employee) being issued by the State Centre of Employment within 30 days of its being made.

A work permits may be extended as long as all necessary documents are submitted to the State Centre of Employment at least one month before its expiry date.

A work permit may not be granted if:

  • the documents submitted include false or fraudulent information or contravene Ukrainian law
  • the employment contract would employ the foreign national on worse conditions than those for Ukrainian employees
  • the individual has been ordered to be expelled by the authorities from his home country
  • the individual has been refused a work permit or had his work permit annulled within the previous year, or
  • there is no longer any need to employ a foreign national because of significant changes in the national or regional labour market

Failure to comply with these rules may result in the employer being fined up to 20 times the minimum wage for each illegally employed foreigner.

Law: Resolution of the Cabinet of Ministers of Ukraine No 322 On Adoption of the Procedure of Issuance, Prolongation of the Validity Term and Annulment of Permit on Usage of Foreign Labour and Labour of Stateless Persons

This article was written for Law-Now, CMS Cameron McKenna's free online information service. To register for Law-Now, please go to www.law-now.com/law-now/mondaq

Law-Now information is for general purposes and guidance only. The information and opinions expressed in all Law-Now articles are not necessarily comprehensive and do not purport to give professional or legal advice. All Law-Now information relates to circumstances prevailing at the date of its original publication and may not have been updated to reflect subsequent developments.

The original publication date for this article was 22/04/2009.