J&L Tax-Legal-Accounting Lviv Ukraine
From May 2009 to receive a permission for employers who intent to employ foreigners in Ukraine gets more complicated, since the amount of mandatory documents has been increased by the Ukrainian authorities. This concerns as well the amount of penalties in case of employing a foreigner without having all official permissions.
The Government of Ukraine promulgated the decision #322, which changes procedure of issuing, prolongation and nullification of work permissions for foreigners and persons without citizenship.
In particular, now following documents have to be additionally submitted:
- Certificate from employment center about absence of any employer’s debts to the Fund of employment;
- Certificate of previous criminal record; if a foreigner is at the moment of application in Ukraine, the employer has to apply for a document which proves the absence of any previous criminal convictions.;
- Certificate of previous criminal record from the home country of applicant. In the case the applicant is at the moment of application abroad the employer has to submit a document which proves the absence of any previous and ongoing criminal record and conviction.
All documents which are issued in a foreign language by foreign authorities must be translated into the Ukrainian, legalized in compliance with the legislation of the issuing country, be and legalized by the Ministry of Foreign Affairs of Ukraine, if no other procedure is foreseen by international treaties of Ukraine.
If the described documents are not submitted, the employer will not receive work permission for a foreigner in Ukraine. The employment centers can refuse to issue or extend the term of work permission validity, if no necessity to employ a foreigner is given by the “Ukrainian labor market”.
The official payment for work permission application to employ a foreigner or extending the validity of work permit has been increased to four minimum wages. Until May 2009 only 170 UAH had to be paid to the local employment Fund’s, from May 2009 it amounts 2500 UAH.
The Government also increased fines for employers which employ foreigners unofficially in the range from 850 UAH up to 12.500 UAH for each employee. Moreover, all expenses on deportation of a illegal employed foreign worker has to be carried by the company previously the Ukrainian State took those expenses.
For a check of your employment documents and further questions please contact Irina Semenyuk (isb@j-l.com.ua)
+380 322 97 05 97/96
www.j-l.com.ua
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