27/07/2020
According to the Constitution of Ukraine, foreigners and stateless persons legally staying in Ukraine have the same rights and freedoms, as well as citizens of Ukraine.
This guarantee also applies to the right to work of foreigners and stateless persons.
Thus, the Labor laws of Ukraine stipulates, in particular, that labor relations of foreign citizens working at enterprises, institutions, organizations of Ukraine are governed by the legislation of the state in which the employee was employed and international treaties of Ukraine.
The Law of Ukraine "On the Legal Status of Foreigners and Stateless Persons" stipulates that foreigners and stateless persons permanently residing in Ukraine, as well as who have been granted refugee status in Ukraine, have the right to work at enterprises, institutions and organizations or engage in other employment activities on the grounds and in the manner prescribed for citizens of Ukraine.
It should be noted that the document confirming the right of a foreigner or stateless person to permanent residence in Ukraine is a permanent residence permit, and the document confirming the granting of refugee status to a person is a refugee certificate.
Thus, as can be seen, all rights and obligations provided by the labor legislation of Ukraine apply to foreign citizens, unless otherwise provided by international agreements.
It should be noted that the Law of Ukraine "On Employment" defines the features of employment of foreigners and stateless persons.
Thus, Article 8 of this Law stipulates that employers have the right to use the work of foreigners and stateless persons under an employment contract only in the presence of a permit issued by the state employment service to use the work of foreigners and stateless persons, unless otherwise provided by international treaties of Ukraine. consent to the binding nature of which was given by the Verkhovna Rada of Ukraine.
It should be noted that the Procedure for issuing, extending and revoking work permits for foreigners and stateless persons was approved by the Resolution of the Cabinet of Ministers of Ukraine.
This Procedure determines the procedure for issuing, extending and revoking work permits for foreigners and stateless persons (hereinafter - foreigners).
Ex*****on of documents required to obtain a work permit for foreigners is carried out by the employer who invites the foreigner to work.
A work permit for a foreigner is issued by the employment center of the Autonomous Republic of Crimea, oblasts, cities of Kyiv and Sevastopol at the place of registration of the employer as a payer of insurance contributions to the Compulsory State Social Insurance Fund of Ukraine in case of unemployment. relevant work, or the presence of sufficient justification for the feasibility of using the work of a foreigner.
This permit entitles the employer to temporarily use the work of a particular foreigner in a particular job or position.
However, it should be remembered that foreigners and stateless persons may not be appointed to certain positions or engage in certain employment activities if, in accordance with the legislation of Ukraine, appointment to these positions or engagement in such activities is related to Ukrainian citizenship.
The use of a foreigner's work is the basis for a foreigner to obtain a visa of the appropriate type, registration of a place of temporary residence in Ukraine and registration of a temporary residence permit for the period of validity of the permit.
Thus, duly certified copies of a foreigner's work permit shall be submitted by the employer to the foreigner, sent to the consular office of Ukraine at the foreigner's place of permanent residence for the purpose of issuing a visa for entry into Ukraine, and to the migration service for temporary residence of the foreigner. in Ukraine.
One more our client received the work permit!