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CHANGES IN THE EMPLOYMENT OF FOREIGNERS

On May 23, 2017 the Verkhovna Rada of Ukraine adopted the Law of Ukraine No.2058-VIII On Amendments to certain Legislative Acts of Ukraine regarding Elimination of Barriers for Attraction of Foreign Investments (“The Law No.2058-VIII”) and on June 26, 2017 this Law was signed by the President of Ukraine. The Law introduced amendments to procedures for obtaining foreigner’s employment permit in Ukraine and legalization of staying in Ukraine.

THE LIST OF DOCUMENTS WAS REDUCED

The Law No.2058-VIII reduces the list of necessary documents for obtaining foreigner’s employment permit. In particular, there is no need to provide medical documents, criminal records, degree certificates (except for obtaining permits for graduates of top universities). Another issue – the statutory documents of the employer. Now in all cases the employment center shall independently receive necessary information from the Unified State Register.

COMBINING IS ALLOWED

The Law No. 2058-VIII allows combination of foreigner’s job in several positions with one or few Ukrainian employers. Obligatory condition is obtaining an employment permit for each position. There is an exception for highly paid professionals (with monthly salary of at least 50 minimum wages - as of today it is UAH 160 000), who shall not be obliged to obtain separate permits for the combined jobs.

SIMPLIFIED CONDITIONS

The Law No.2058-VIII determines specific categories of foreigners for whom the most simplified conditions for obtaining employment permit shall be applied (highly paid foreign professionals, founders / participants / beneficiaries (auditors) of a legal entity established in Ukraine, foreign employees in the art industry, foreign IT professionals, graduates of top 100 world universities).

TERM OF EMPLOYMENT PERMIT IS EXTENDED

For the abovementioned special categories of foreign employees a term of employment permit in Ukraine may be up to three years.

MINIMUM SALARY REQUIREMENTS

From now all employers must pay foreign employees a minimum salary amount. General rule - not less than 10 minimum monthly salary (currently, UAH 32 000 gross). Exceptions - not less than five minimum monthly salary (currently, UAH 16 000) for foreign employees of NGOs, charitable organizations and certain educational institutions.

RESIDENCE PERMIT FOR FOREIGN INVESTORS

The new ground for obtaining temporary residence permit for the period of two years with the right of further prolongation will be introduced to foreign investors making a contribution to the authorized capital of Ukrainian legal entity in the amount not less than EUR 100 000.

EFFECTIVE DATE

The abovementioned amendments shall come into effect on September 27, 2017.

MORE INFORMATION

For more information on the above innovations please contact KPD Consulting Law Firm (www.kpdconsulting.com.ua).

Kyrylo Kazak

Partner

KPD Consulting

 

 

Should you have any questions with respect to above or require any additional information, please do not hesitate to contact Mr. Kyrylo Kazak (k.kazak@kpdconsulting.com.ua). We will be pleased to assist You.

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