In most cases, foreign nationals may be employed in Ukraine only
based on a work permit issued to an employer by the Centre of
Employment. The Amendments to the Procedure for Issuance, Extension
and Cancellation of a Work Permit for Foreign Nationals and
Stateless Persons (the Procedure),
approved by the Resolution of the Cabinet of Ministers of Ukraine
No. 28 dated 18 January 2017 (the Amendments),
came into force on 3 February 2017. The Amendments, in general, are
aimed at facilitating foreign nationals' employment in Ukraine
and include, in particular, the following:
jobs by foreign nationals is now permitted
Many foreign nationals employed in Ukraine
are assigned to work for Ukrainian subsidiaries of multinational
companies at management positions. Until 3 February 2017, only one
work permit could be issued per each foreign national, resulting in
that no combining of jobs (either within one company or in
different companies) was permitted by law. This significantly
complicated management decision making at the corporate group level
in cases when, for instance, a certain group of companies had more
than one subsidiary in Ukraine and was willing to assign one person
to manage all these subsidiaries. The Amendments
rectified this major obstacle by not only permitting combining of
jobs by foreign nationals but also by not limiting the number of
positions that a foreign employee may now hold
period for an employment agreement execution is
The Amendments provide for 90
calendar days for execution of an employment
agreement with a foreign employee after taking a decision on a
respective work permit's issuance. Moreover, the period for
filing a copy of the executed employment agreement with a foreign
employee to the Centre of Employment is now extended
to 10 calendar days (as opposed to
seven calendar days under the previous legal regulation).
Importantly, missing these terms by an employer results in
cancellation of a work permit.
applying for a work permit extension is clearly
A work permit may be issued for a period of
up to one year and may be extended any number of times for the same
period. The Amendments clearly define the period for applying for
the work permit extension that starts not earlier than
40 calendars days and ends not later than 20 calendar days prior to
the work permit expiration. Missing these terms by an
employer deprives it of the right to file for the work permit
extension thus causing the employer to apply for a new work permit
(the latter is more burdensome than the procedure for the work
appealing a decision on a work permit non-issuance/ non-extension
According to the Amendments, an employer may
appeal a decision of the Centre of Employment on a work permit
non-issuance/ non-extension to the State Employment Service or
court within 10 calendar days after its
obtaining by an employer. However, the procedure for appealing
decisions to the State Employment Service has not been established
yet. Until this procedure is approved, such appeals can be resorted
only to court.
The Amendments include several important
procedural changes to the Procedure, in particular: (i) a
requirement for filing an additional application by an employer for
issuing an original work permit within three business days after
adoption of a decision on such issuance and payment of the state
fee; (ii) establishment of a three business days period for a
preliminary review by the Centre of Employment of documents filed
for a work permit obtaining/ extension with respect to their
completeness and meeting the Procedure's requirements. If the
submitted documents appear to be incomplete or incompliant with the
Procedure's requirements, the Centre of Employment will have
to: (i) refuse considering them; (ii) notify an employer of this;
and (iii) return such documents to the employer.
It is likely that the Amendments will be
welcomed by foreign businesses present in Ukraine and contribute to
the overall foreign investment climate improvement in the
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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