Employment of citizens of Ukraine and permanent residents of Ukraine
In accordance with the Law “On Employment of the Population”, citizens of Ukraine, foreigners and stateless persons permanently residing in Ukraine, who have been recognized as refugees in Ukraine, as well as those who have received permission to immigrate to Ukraine, have the right to employment on the grounds and in procedures established for citizens of Ukraine.
Equally with citizens of Ukraine, i.e. without special permission, foreigners who have received the right to permanent residence in Ukraine in accordance with the established procedure have the right to conclude an employment contract in accordance with the Labor Code of Ukraine (Article 8 of the Law “On the Legal Status of Foreigners and Stateless Persons”). \
Thus, an employment permit is not required for citizens of Ukraine, foreigners permanently residing in Ukraine , and other foreigners in cases stipulated by the laws and international treaties of Ukraine.
Employment of foreigners who are not permanent residents of Ukraine
Employment of foreign citizens in Ukraine is regulated by Art. 3 of the Law “On Employment of the Population” No. 5067-VI dated 07/05/2012, the Law “On the Legal Status of Foreigners and Stateless Persons” No. 3929 of 02/04/94, Resolution of the Cabinet of Ministers of Ukraine No. 2028 of 11/01/99. “On the approval of the Procedure for obtaining employment permits for foreigners and stateless persons in Ukraine”.
Admission to medical activities in Ukraine of citizens who have undergone medical training in foreign educational institutions in the field of medicine is carried out by issuing a permit (admission) by the Department of Personnel Policy of Education and Science of the Ministry of Health of Ukraine or Regional (city) Departments of Health – for junior specialists with medical education.
Legalization
According to p.p. 3.3. According to the licensing conditions for conducting business activities in medical practice, specialists who have undergone medical training (education and / or specialization) abroad may be admitted to professional activities in Ukraine after passing the legalization procedure.
The procedure of legalization of a foreign medical specialist for a customer-employer can be divided into 3 stages:
- Nostrification of the diploma of education;
- Obtaining a permit (admission to a specialty) for professional medical activity;
- Obtaining a work permit in Ukraine.
Confirmation (nostrification) of a diploma of a foreign specialist and his admission to medical activity in Ukraine is carried out by the relevant unit of the Ministry of Education and Science, Youth and Sports of Ukraine (see Order of the Ministry “Some Issues of Nostrification and Apostillation” dated October 26, 2010 No. 1012) and the Ministry of Defense health.
Permit to use the labor of foreigners
Foreigners and stateless persons who have arrived in Ukraine for employment for a specified period of time are hired by employers on the basis of a permit for the employment of foreigners and stateless persons issued in accordance with the procedure established by this Law, unless otherwise provided by international treaties of Ukraine, consent to the binding nature of which is provided by the Verkhovna Rada of Ukraine.
Employment permits are issued to foreigners and stateless persons, provided that there are no workers in the country (region) who can perform these jobs, or there are sufficient grounds for using the labor of foreign specialists.
Before issuing an order to hire a foreigner who does not permanently reside on the territory of Ukraine, the resident employer must have a valid employment permit for this particular employee (clause 2 of Order No. 2028). To obtain such a permit, the employer submits to the relevant employment center:
1) statement (in any form);
2) substantiation of the need to use the labor of a foreigner and the possibility of creating the necessary conditions for his stay and activity. This document is the most important of those submitted by the employer. After all, according to clause 1 of Order No. 2028, an employment permit is issued to a foreigner who intends to engage in labor activities in Ukraine, provided that there are no workers in the country (region) capable of performing this type of work, or there are sufficient justifications for the feasibility of using the labor of foreign specialists . Therefore, this must be stated in the justification;
3) a copy of the contract between the foreigner and the employer for the performance of a certain amount of work or services (if such a contract has already been concluded);
4) copies of the charter and the certificate of state registration of the employer’s legal entity, certified in accordance with the established procedure;
5) a document certifying the right of the employer’s representative to represent his interests in the employment center.
6) copies of documents on the foreigner’s education or qualification;
An employment permit is the basis for issuing a visa to a foreign citizen to enter Ukraine.
Foreign citizens who have received refugee status in accordance with Art. 20 of the Law of Ukraine “On Refugees” No. 2557 dated June 21, 2001;
The decision to grant or deny an employment permit shall be made no later than 30 days from the date of receipt of the above-mentioned documents.
STEP-BY-STEP EMPLOYMENT OF A FOREIGN OR STATELESS PERSON
STAGE 1
- Legalization of a foreigner’s documents on education and qualifications issued by foreign countries
- justification of the expediency of using the labor of a foreigner and the possibility of creating appropriate conditions for him to stay and work
- Transfer of a package of documents to the employment center for obtaining a permit
- The employment center examines the documents submitted for obtaining a permit, makes a decision on issuing a permit and notifies the employer of the decision made
STAGE 2
- Conclusion of an employment contract with a foreigner
- Notification of the employment center about the date of commencement of work of a foreigner
STAGE 3
- obtaining a long-term visa type “D” by a foreigner