Head of practice
Attorney. Specialist in commercial and labor law. Over 16 years of experience in legal support of businesses - debt recovery, contract enforcement, recovery of damages, commercial property and lease disputes.
License (declaration) for employment mediation abroad
The activity of mediation in employment abroad plays an important role for citizens. Such economic activity involves cooperation with foreign employers, exchange of information about available employment opportunities for Ukrainians in other countries, assistance in the preparation and translation of necessary documentation (visa, resume, etc.) and organization of residence. Today, such activity in Ukraine is subject to licensing and involves the submission of a declaration in accordance with the requirements of the Procedure approved by the Resolution of the Cabinet of Ministers of Ukraine № 1118 dated 27.10.2023.
Basic requirements for a licensee for mediation in employment abroad
The business entity must meet a number of mandatory criteria:
- first, have official registration as a company or individual entrepreneur under the relevant KVED (78.1, 78.2 or 78.3) and confirm this with an extract from the Unified State Register;
- second, have official cooperation with a foreign employer (employers) and provide a foreign economic agreement for confirmation. It is worth noting that such a contract must clearly define the terms of cooperation, including the search, selection and assignment of employees for work;
- third, confirm the official status of the foreign employer by submitting copies of its registration documents;
- finally, have a special place of business (preferably office premises) and provide title documents for it, indicating that the applicant has the right to use it or ownership rights (extract from the State Register of Enterprises, lease agreement, etc.). For more detailed information, we also recommend contacting our lawyer for professional legal advice.
How to obtain a license (declaration) for employment mediation abroad?
What documents are required to obtain a license?
One of the key stages is the submission of:
- a declaration on the conduct of this economic activity. The document is submitted in the form approved by the Resolution of the Cabinet of Ministers of Ukraine No. 1118 dated 10/27/2023. In it, the applicant provides comprehensive information about himself, about his future activities. It is necessary to indicate the full legal address, means of communication and website (if available);
- a copy of the foreign economic contract with a foreign employer on the provision of services in the field of employment mediation;
- copies of registration documents of a foreign entity (with a notarized translation).
Who makes the decision on granting a license (declaration) for employment mediation abroad?
The decision is made by the Ministry of Economy of Ukraine after submitting all necessary documents by:
- personal application to the Ministry of Economy;
- postal of a registered letter to the address of the licensing authority;
- sending a request through the Central Administrative Service Center at the applicant’s location;
- request through the unified state web portal of electronic services “Diya”.
What is the basis for canceling a license (declaration)?
In some cases, directly provided for by the current national legislation, a decision is made to exclude the licensee from the list of entities providing services in the field of employment mediation abroad (license cancellation). These are the following:
- the licensee’s initiative (submission of an application requesting exclusion from the list);
- termination of the state registration of the business entity and exclusion of information about it from the Unified State Register;
- death of an individual entrepreneur, recognition of a person as missing;
- failure to submit or violation of the established deadlines for submitting reports on the provision of services during three reporting periods;
- availability of an act from the State Labor Service confirming the licensee’s failure to comply with the requirements of the instruction on eliminating violations of the requirements of the Law of Ukraine “On Employment of the Population” (Article 38);
- carrying out activities without a valid foreign economic agreement;
- establishing the fact that the licensee is engaged in activities in the field of human trafficking.
How much does it cost to obtain a license (declaration) for employment mediation abroad?
According to current legislation, services for including a business entity in the list and granting it the official right to engage in employment mediation abroad are provided free of charge. At the same time, if a person wishes to receive legal support for obtaining such a permit, we recommend that you sign up for an introductory consultation with a specialist from Prikhodko & Partners Law Firm, discuss all the important nuances of cooperation and obtain information about the exact cost of the service (may depend on each individual request). Lawyers will also help you avoid the risks of receiving a refusal to issue a license.
So, to obtain a license (declaration) for employment mediation abroad, a business entity must meet a number of requirements, including official registration, availability of a KVED, and a foreign economic agreement. The procedure for obtaining it includes submitting a declaration of the established form and annexes to it to the Ministry of Economy in person, by mail, through the Central Administrative Center or online through the Diya portal.
To ensure high-quality preparation of documents and minimize the risks of refusal, we recommend that you seek legal support from our specialists. You will be provided with professional advice, discuss all stages of cooperation and support at all stages of the process. To find out the cost of legal support, fill out the form below.
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