New Law on Employment of Foreigners in Ukraine and Ukrainians

On September 21, the Verkhovna Rada of Ukraine (hereinafter referred to as the Verkhovna Rada) adopted the Law “On Amendments to Certain Laws of Ukraine on the Employment of Foreigners and Stateless Persons in Ukraine and the Provision of Intermediary Services in Employment Abroad” (draft No. 5795).

The adopted Law improves the procedures for the grounds for issuing, refusing to issue or extending the validity of permits for the use of labor of foreigners and stateless persons. The mechanism for the use of the labor of foreigners by Ukrainian employers has also been simplified and a legal basis has been created for the use of the labor of foreigners and stateless persons who are in Ukraine to study at Ukrainian educational institutions.

In addition, the Verkhovna Rada provided equal working conditions for citizens of Ukraine and other states on the territory of our country.

Now the provision of mediation services in employment abroad will be carried out after the conclusion of an agreement on the provision of mediation services in employment abroad between a citizen and a business entity.

A business entity providing mediation services in employment abroad is obliged to provide citizens of Ukraine with information and advice free of charge on the benefits of legal employment abroad, on the nature of future work, conditions and amount of remuneration, living conditions in the host state, the existence of international agreements in the field of employment and social security, concluded between Ukraine and employment.

At the same time, an intermediary in employment abroad is prohibited from receiving fees, commissions and other remuneration from citizens who have been provided with these services. Payment for mediation services in employment abroad is made by the employer, in whose interests the search for qualified personnel is carried out in Ukraine.

Important in the conditions of martial law are the following provisions of the adopted act:

  • state protection against the penetration of criminals and criminal gangs into the territory of Ukraine under the pretext of employment, in particular, from the territory of Russia and Belarus.
  • the issuance and extension of a permit for the use of labor by citizens of the Russian Federation, the Republic of Belarus, as well as other states recognized as posing a threat to state sovereignty, territorial integrity and democratic constitutional order and other national interests of Ukraine, is carried out in agreement with the regional authorities of Ukraine.

From now on, the issuance and extension of the permit for the use of labor of citizens of the Russian Federation, the Republic of Belarus, as well as other states recognized as posing a threat to state sovereignty, territorial integrity and democratic constitutional order and other national interests of Ukraine, is carried out in agreement with the regional authorities of Ukraine.

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