Here are some interesting nuances and notes that foreigners working in Ukraine should remember.
According to Part 1 of Article 54 of the Law of Ukraine “On Private International Law”, labor relations of foreigners and stateless persons working in Ukraine are not regulated by the law of Ukraine if:
- foreigners and stateless persons work as part of diplomatic missions of foreign states or missions of international organizations in Ukraine, unless otherwise provided by an international treaty of Ukraine;
- foreigners and stateless persons outside Ukraine have concluded employment contracts with foreign employers – individuals or legal entities – to perform work in Ukraine, unless otherwise provided by agreements or an international agreement of Ukraine.
Part 4 of Article 3 of the Law of Ukraine “On Employment” is established as follows:
“Foreigners and stateless persons permanently residing in Ukraine, who are recognized as refugees in Ukraine, who are granted asylum in Ukraine, who are recognized as persons in need of additional protection, who are granted temporary protection, as well as those who have received an immigration permit to Ukraine , have the right to employment on the grounds and in the manner prescribed for citizens of Ukraine.
Foreigners and stateless persons who arrived in Ukraine for employment for a specified period are employed by employers on the basis of a work permit for foreigners and stateless persons issued in the manner prescribed by this Law, unless otherwise provided by international treaties of Ukraine, consent to which are binding on the Verkhovna Rada of Ukraine. “
Also, according to Article 42 of the Law of Ukraine “On Employment”, the categories of persons entitled to employment without a permit are identified, namely:
- foreigners permanently residing in Ukraine;
- foreigners who have acquired refugee status or obtained a permit to immigrate to Ukraine;
- foreigners in need of additional protection or who have been granted temporary protection in Ukraine;
- representatives of the foreign naval (river) fleet;
- employees of foreign mass media accredited to work in Ukraine;
- athletes who have acquired professional status, artists and artists to work in Ukraine by profession;
- employees of emergency services to perform urgent work;
- employees of foreign missions who are registered on the territory of Ukraine in the manner prescribed by law;
- clergymen who are temporarily in Ukraine at the invitation of religious organizations to conduct canonical activities;
- foreigners who arrived in Ukraine to participate in the implementation of international technical assistance projects;
- foreigners who came to Ukraine to conduct teaching and / or scientific activities in higher educational institutions at their invitation;
- other foreigners in cases provided by the laws and international treaties of Ukraine, the binding nature of which has been approved by the Verkhovna Rada of Ukraine.
But, as in any law and case, there are exceptions, so the law defines certain categories of foreigners and stateless persons, whose employment has certain features, which include:
- foreign highly paid professionals;
- founders and / or participants and / or beneficiaries (controllers) of a legal entity established in Ukraine;
- graduates of universities included in the first hundred in the world rankings of universities, according to the list determined by the Cabinet of Ministers of Ukraine;
- foreign workers of creative professions;
- foreign IT professionals.
The peculiarities of their employment include:
- Lack of a statutory minimum wage requirement for such employees.
- The period for which the Employment Permit is issued to persons of the above categories.
Specialists of the law firm “Prikhodko&Partners” will be able to provide you with qualified assistance in migration issues.