Draft law 5795 on changes to the employment of foreigners

Draft law 5795

In September 2022, the Law on Amendments to the Law of Ukraine “On Employment of the Population” was adopted and many new things were introduced in terms of foreigners obtaining employment permits, namely:

• the procedure for submitting documents and issuing permits for the employment of foreigners and stateless persons was improved (previously it was possible only through TsNAP, and now the employer can personally submit documents to the employment center, send them by mail, or electronically);
• equal pay conditions were improved for both Ukrainian citizens and foreigners (previously, the minimum wage for
• foreigners was 10 times higher than for Ukrainian citizens, with some exceptions);
• now foreigners can work in different positions at different employers at the same time, provided they obtain an employment permit for each employer;
• foreigners will be able to work part-time for one employer without an employment permit (previously this applied only to highly qualified specialists);
• employment of foreign students in Ukraine will be allowed and after graduation without re-entry to Ukraine on a work visa, no fee will be charged for it);
• the provisions regarding the list of documents submitted by employers to obtain or extend the validity period of the employment permit for certain categories of foreign workers will be improved and access to the specified administrative service will be simplified.

Also, the procedure for paying the administrative fee for an employment permit has been changed, previously the payment was made within 10 days of the issuance of such a permit, now it will be necessary to pay before submitting the documents and attach the payment receipt to the documents (in case of refusal to issue the permit, the fee for it will be returned to the employer ).

Failure to pay taxes will lead to serious problems.

Among other amendments, it is very important to pay attention to the fact that the authorities will refuse to extend the work permit if it is established that the employer did not pay taxes for the foreign worker during the previous period of work.

The fee for a work permit in Ukraine has increased.

The law provides for higher rates for issuing and extending work permits compared to those previously.

• For a permit for 1-3 years — ten subsistence minimums (25,080 hryvnias), there were six (15,048 hryvnias);
• For a permit for 6 months – 1 year – five subsistence minimums (12,540 hryvnias), there were four (10,032 hryvnias);
• For a permit of up to 6 months — three subsistence minimums (7,524 hryvnias) were two (5,016 hryvnias).

Hired foreign workers who want to work in Ukraine will not be able to issue a permit for 3 years as it was before, this term has been reduced to 1 year. (for 3 years, only seconded foreign workers and foreigners who were transferred to work in Ukraine in intra-corporate assignees will be able to get a work permit).

Also, employers will be required to report the loss or damage of a work permit. In case of loss of the permit, the employer shall notify the territorial bodies of the employment center, the State Border Service of Ukraine and the State Migration Service of Ukraine.

Previously, in case of loss or damage of the employment permit, the legislation did not provide for the issuance of Duplicates, which caused many problems in the event of its loss, and this happened often, and in this case it was necessary to submit documents all over again, pay an administrative fee, etc.

This deficiency will be corrected and to obtain a Duplicate it is enough for the employer to submit an application in an arbitrary form and within 7 working days the employment center must issue a Duplicate.

I hope the information was useful for you, for details you can contact in private messages or write to e-mail.