Employment of foreigners is not an easy task, which requires compliance with certain rules and efforts on the part of the employer. The main thing here is to strictly comply with the procedure provided for by law. In particular, for employing such an employee, the employer must have the relevant documents that guarantee legitimate cooperation. The legislative framework and principles of employment are described below.
The grounds and procedure for hiring
The procedure for hiring a foreigner depends on his status. But, regardless of the reasons and lawfulness of residence in Ukraine, the employer is authorized to accept such an employee. In the absence of exceptional conditions stipulated in international treaties of the country in accordance with the consent of the Verkhovna Rada, foreigners, as well as citizens of Ukraine, are employed without resorting to the principles of registration as illegal immigrants. This is indicated in Part 4 of Art. 3 of the Law of Ukraine “On Employment” (dated 05.07.2012 No. 5067-VI).
The procedure for hiring foreigners, if the procedure requires permission from the employment service, consists of several steps:
- preparation of an employment contract;
- obtaining permission to use labor;
- registration of labor relations;
- providing a copy of the employment contract;
- issue to the future employee a copy of documentary permission to use his work.
Important! Foreigners who have been issued a permanent residence permit are recruited on a common basis. That is, for these persons the same procedure of registration applies as for Ukrainian citizens.
More on the stages of employment
An employment contract with a foreigner is in writing. The term of employment of the employee in this case is determined by the term of validity of the permit to use labor. A key condition for obtaining this permission is compliance with the salary criteria. A foreigner must provide in this contract the indicated wage in the amount of 5 minimum wages in the current year on the territory of Ukraine. Read more about this in Art. 42-1 of Law No. 5067, Part 3.
In order for a potential employee to receive permission to use labor, it is necessary to submit the following documents to the employment service:
- application for written permission;
- copies of passport;
- photo 3.5 x 4.5 cm;
- copy of the draft employment contract.
For certain categories of foreign citizens, additional documents may be required.
Attention! Documents in a foreign language that are issued in another country must be legalized. The employment service will provide the employer with a list of accepted papers immediately after the application is accepted (provided for in Article 5, Article 42-2 of Law No. 5067).
After payment of details for the permit, its validity will be determined. As a rule, this document is issued for a period of one year for foreigners. However, if necessary, the employer has the right to renew it.
The employer must remember that payment for permission is required no later than 10 days after the application. Otherwise, you will receive a refusal, the permission will be canceled.
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