Obtaining a work permit for seconded foreign employees in Ukraine

The secondment of foreign employees to Ukraine is becoming an increasingly common practice in the context of globalization. This allows Ukrainian companies to attract the best specialists from different countries to implement joint projects, develop their businesses, and share their experiences. However, a work permit is necessary to ensure everything is legal and transparent. In this article, we will look at the main points of this process, including what documents are required and how the procedure works. We will also provide exciting examples and real-life situations.

What is a seconded foreign employee?

A seconded foreign worker is a specialist temporarily sent to another country to perform specific tasks or projects based on a foreign economic agreement between an employer and a Ukrainian company. For example, it can be an engineer from Germany who comes to Ukraine to participate in the construction of a plant or an IT specialist from India who helps to set up a new software system.

Why do I need a work permit?

Obtaining a work permit is a mandatory step that ensures the legality of a foreign employee's stay in Ukraine and ensures that the foreign specialist receives all social guarantees and protection by Ukrainian law.

What documents are required to obtain a permit?

The process of obtaining a work permit for seconded foreign employees includes the preparation of the following documents:

1. An application in the prescribed form is available at the territorial executive authority.
2. Copies of the foreign employee's passport document pages with personal data and a duly certified translation into Ukrainian.
3. Color photograph measuring 3.5 x 4.5 cm.
4. A copy of a foreign economic agreement (contract) concluded between a Ukrainian and a foreign business entity.
5. A document copy confirms an employment relationship between the foreign employee and the foreign employer who sent them.
6. A draft employment agreement (contract) or gig contract with a foreigner certified by the employer (if necessary).

Example

Imagine that TechnoBud has signed a contract with BauTech, a German company, to build a state-of-the-art electronics manufacturing plant. BauTech will send its engineers to Ukraine to implement this project. To enable them to work legally, TechnoBud is preparing all the necessary documents to obtain a work permit.

The procedure for submitting documents

There are several ways to submit documents:

• In person at a reception by officials of the territorial executive authority.
• By post with a description of the attachment.
• Through the employer's electronic cabinet on the official authority website.

The documents are submitted to the territorial authority for review within seven working days. The foreign employee receives a work permit if all documents meet the requirements.

Interesting fact

Many companies have saved time and resources thanks to the simplified procedure for submitting documents through the employer's electronic cabinet. For example, GlobalTech, an IT company, could quickly obtain permits for its specialists from India using the online system.

Cost of obtaining a permit

The cost of obtaining a work permit depends on its validity period:

• For up to six months, three subsistence minimums are required for non-disabled persons.
• For six months to one year, five subsistence minimums are required for non-disabled persons.
• For one to three years, eight subsistence minimums are required for non-disabled persons.

If the subsistence minimum for non-disabled persons is UAH 3,028 (as of 2024), the cost of the permit will be:

• For a period of up to six months: UAH 9,084
• For a period of six months to one year: UAH 15,140
• For a term of one to three years: UAH 24,224

Reasons for refusal to issue a permit

There are certain circumstances under which a work permit may be refused:

• Incomplete set of documents.
• Inaccurate data in the submitted documents.
• Inconsistency of the terms of the employment contract with Ukrainian legislation.
• Lack of SBU approval (for citizens of certain countries).

Example

AgroTech invited an agronomist from France to help implement new technologies. However, during the application process, it was discovered that copies of his passport needed to be appropriately certified. After correcting this error, the permit was successfully obtained.

Benefits of legal employment

Legal employment of seconded foreign workers has numerous advantages:

• Protection of employees' rights: Foreign employees receive all social guarantees and protection under Ukrainian law.
• Legality and transparency: No risk of fines and other legal issues.
• Cooperation: Facilitates cooperation between Ukrainian and foreign companies.
• Social and medical guarantees: Foreign workers can receive social protection and medical services.

Conclusion

Obtaining a work permit for seconded foreign employees in Ukraine ensures their stay and work legality. Compliance with all legal requirements and timely preparation and submission of the necessary documents will help avoid problems and ensure successful employment. If you have any questions or need additional advice, we recommend contacting competent authorities or legal experts in labor law.

Ukraine opens up vast opportunities for cooperation with foreign specialists, contributing to business development, exchanging experience, and introducing new technologies. Legally employing foreign workers is a step towards successful and mutually beneficial cooperation at the international level.