Employment permit for foreigners

In order to hire a foreigner, the employer must follow all the necessary procedures stipulated by the law. When it comes to issuing a permit for the employment of a foreigner, it is issued by the territorial units of the central executive body, which is responsible for issues of employment of the population, as well as labor migration. This is exactly how it is defined in Article 42 of the current Law "On Employment of the Population". Some foreigners need a permit, others can be employed without it. Let's consider this in more detail.

For which categories of foreigners such a permit is required?

An employment permit is necessary for:

• seconded foreign workers who are employed on the basis of contracts, the parties to which are Ukrainian and foreign business entities;
• persons who are recognized as intra-corporate assignees;
• foreigners who are at the stage of recognition as refugees or persons in need of additional protection.

Next, it is worth focusing on some features of obtaining such a permit.

What is important to know?

If one such employee will perform work duties in two positions at once, it is necessary to take care of a work permit for foreigners in each of the positions. It is also important to know some features that apply to Diya City residents and interaction in the format of gig contracts. Gig contracts are something in between traditional labor and civil law contracts. This concept was introduced in practice into the legislative field and active use quite recently - a few years ago, to facilitate interaction with IT specialists.

So, when it comes to a resident of Diya City who cooperates with a foreign specialist under a gig contract, in this case, a work permit for foreigners is not mandatory. The employer can take it voluntarily, or not, since there will be no violation of the law in this case. If the permit is received, then the resident of Diya City, who issued it, acquires the rights and obligations of the employer.

Employers also often have questions about the procedure for issuing a permit for part-time employment of a foreigner, when the term of the employment contract for a part-time worker does not exceed the term of validity of the permit obtained at the place of main work. In such cases, when it comes to a highly paid foreign specialist, a separate employment permit is not required exactly where he is a part-time employee.

What is the cost of an employment permit for a foreigner?

Currently, in order to obtain the mentioned permit, you need to contact the regional employment center at the location of the business entity that hires a foreigner.

When an extension of a foreigner's employment permit is required, it is necessary to apply to the same institution, having previously prepared a package of necessary documents. An administrative fee is paid for the service.

If you want to understand this issue not in general terms, but more thoroughly in accordance with your situation, specialists who have extensive experience working at the intersection of the fields of labor and migration law will help. You can meet such experts in the team of the Prikhodko&Partners law office. We can offer high-quality consultation and legal support for the procedure for obtaining a permit.