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What documents are needed for the employment contract of foreigner in Ukraine?

Due to current political changes, various processes of documentation preparation for foreigners in Ukraine seem to be easier than even a year ago. Due to this fact, one of such spread branches like creation and processing the employment agreements and contracts can generate much less issues, questions and complications in comparison to many other cases. It is not a secret that a large number of foreign citizen regularly obtain different offers from Ukrainian public and private companies which plan to employ representatives of one or another nationality into the staff. For the most of cases, prevailing volume of such propositions may contain detailed necessary information in regard to each and every type of the document for providing by the company management and the foreign nationals. The main purpose here is defined by full organization of legal stay and work for the citizen of other country in Ukraine. In addition, the set of necessary for the foreigner documentation includes those papers which must be obtained by and later provided by the potential employer. Thus far, the question of getting a decent job in Ukraine does not limit on his/her side but at the same time creates a certain responsibility for the outsourcing company.

According to current terms and conditions of the valid legislation of Ukraine, the largest part of foreigners from different countries of the world may have a legal right to stay in Ukraine for 90 days after the day of actual crossing the border. However, for such specific purposes as official employment in Ukraine one of the necessary conditions appears as obtaining a long-term visa that is called “D” type. But this working visa does not provide an eventual permission to work unless it would be accompanied by the package of all necessary documents, which must be prepared or/and collected with actual participation of both sides the potential employer and future employee. Talking about launching the entire process, it will involve a specific procedure in order to obtain an expected working allowance for the foreigner in Ukraine. Despite its visible easiness, mentioned above process can hide complications because of essential official explanations for the public bodies of the country. Such explanations must contain the reasons of the employer hiring non-Ukrainian instead of providing local inhabitants with the work. In some cases Ukrainian controlling committees may forward the vacancy to Ukrainians with the following invitations for interviews.

At this stage the future employer also submits a request to a foreigner on the necessary documents, such as education certificates and diplomas, absence of the former convictions, medical references, as well as copies of the documents to identify the foreign person and their legal translations and so on. In the case of this stage being successfully accomplished the foreigner will obtain a valid working permission followed by granting “D” type visa. After confirming that such document had been granted to the foreign person, he/she can access Ukrainian territory without any additional difficulties and sign the working agreement as intended. It is also important to take into account that medical insurance must be received for the whole period of the contract validity if it does not exceed a one year. It will be advisable to provide a renewal for the policy of the medical insurance for the cases when its length is more than a year.

It will be required from the company-employer to inform all the official bodies about its creation and/or further elimination after actual signing the employment agreement if the one will take place. Following the route it is necessary to submit relevant reports to all the appropriate public institutions with information on the tax payments for the foreign employee and the rest of various matters of forms. In addition, the foreigner will have to keep in mind that any allowances for working in the country longer than a year are rarely granted by legal bodies of Ukraine. Thus far, it will be not a surprise if the working agreement to be extended in order to carry out the same activities for more than a year. Applying for the extension of working contract, both sides will have to submit complete sets of documents, similar to mentioned above. It will not be a secret that many companies will try to avoid wasting more time on the procedures established by the existent Ukrainian law. In such cases the solution comes from specialized law-advising companies, which have a deep expertise and successful experience in organizing such procedures. If to compare the prices for independent applying and using the help of the legal agency, it may seem to be more expensive to use the last one. However, the time and efforts saved in the process will easily explain an additional value of such services. In order to summarize the process of applying for the working agreement, it is important to say that the technical part of this question will be rather simple, comprehensive and predictable. Possible complications happening in the working legalization in Ukraine mostly appear for the reasons of different law regulations in different countries. Therefore, a professional recommendation from practicing attorney may help to solve a potential problem in the field of guarantees of social and labour rights of the foreigner in Ukraine. Besides, it will allow to find out about his/her efficient mechanisms of the legal protection and own substantive rights and so on. There will be also a real chance for inviting a lawyer to join in the process of conversations and negotiations with the potential employer, as well as to review and correct the employment contract. For all these cases, looking for the help of qualified law adviser with the practical experience within a wide range of legal issues can be important part of the process. Legal support and advice for the further preparation and processing of official relationships between Ukrainian employer and foreign employee must be also foreseen and organized by the reliable and experienced legal practitioner.

Author: Kateryna Bovan

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Kydalov & Partners
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Publication Date: 26.03.2015
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