On February 3, 2017, Resolution of the Cabinet of the Ministers of Ukraine No. 28 “On Amendments to Order on Issuance, Prolongation and Cancellation of Work Permits for Foreign Nationals and Stateless Persons”, dated January 18, 2017 (the "Resolution"), became effective.
Consequently, employers now can obtain more than one work permit for the same foreign national or stateless person (the "Work Permit"). Therefore, foreign nationals can be employed by more than one employer in Ukraine. In addition, the Resolution slightly amends the procedure for obtaining a Work Permit.
Work Permit for individuals holding more than one office
Under the Resolution, two or more employers can now obtain Work Permits for the same foreign national (for example, if such foreign national occupies the position of Director for several Ukrainian legal entities). Previously, such option was unavailable.
Extending the Work Permit
To extend a Work Permit, the employer must submit the required documents to the relevant territorial State Employment Center (the "Employment Center") no later than 20 calendar days (but not earlier than 40 calendar days) before the current Work Permit expires.
Consideration of the application
If an application for a Work Permit is incomplete and/or does not comply with legal requirements, the Employment Center will not consider the application. The Employment Center must notify this to the employer (applicant) no later than within three business days (after it receives the application) and return the application to the employer.
Among the new grounds for the refusal to issue a Work Permit is an employer's failure to submit a copy of documents identifying a copyright object and/or related rights and certifying copyright (provided submission of such documents is required to obtain a Work Permit for a particular category of individual).
Conclusion of employment agreement (contract)
According to the Resolution, the employer must submit a copy of the employment agreement (contract) concluded with a foreign employee to the Employment Center within 10 calendar days after its conclusion with the relevant foreign national for whom a Work Permit was obtained. In turn, an employment agreement (contract) must be concluded with a foreign national no later than within 90 calendar days after a Work Permit is obtained by the employer.
By Lina Nemchenko, Partner, and Mariana Marchuk, Counsel, Baker McKenzie,