MainPublications of our law firmComments on legislationHOW CAN AN INTRACORPORATE ASSIGNEE OBTAIN A WORK PERMIT?

HOW CAN AN INTRACORPORATE ASSIGNEE OBTAIN A WORK PERMIT?

Nowadays the issue of employment of foreign citizens in Ukraine becomes more and more topical. Thanks to the signing of the Partnership and Cooperation Agreement between Ukraine and the European Communities (their member states), as well as due to the accession to the World Trade Organization, Ukrainian legislation has been widened with new definitions.

In particular, we are talking about the addition of the Law of Ukraine “On Employment” and the appearance of the term “Intracorporate Assignee”.

Today we will try to give answers to the main questions related to this topic:

  • How to apply for a work permit for this category of workers?
  • What documents need to be prepared?
  • How long can such a permit be issued for?

Related article: Got residence permit for a Turkish citizen in Ukraine

 

What is an “intracorporate assignee”?

 The definition of this concept includes third-country nationals or stateless persons transferred to work by the appropriate decision of a foreign business entity and on the basis of a labor contract concluded between them, under which the terms of work in Ukraine should be determined.

Employment of intracorporate assignees by a Ukrainian employer

To obtain a permit to use the labor of persons falling into the above-mentioned category of employees, as well as their further employment, you need to provide the following documents to the competent authorities (in this case, these include basic and regional employment centers and their branches):

  • a statement confirming the fact that the position claimed by a foreigner or stateless person does not require access to state secrets and is not related to belonging to Ukrainian citizenship;
  • certified copies of the pages of the passport of the applicant for the position with personal data translated into Ukrainian;
  • a photo 3.5 x 4.5 cm;
  • a  copy of the draft contract certified by the employer;
  • a decision of a foreign business entity on transferring a foreigner / stateless person to work in Ukraine;
  • a copy of the agreement concluded between them on the transfer to work in Ukraine, with clearly defined time frames.

Important! One of the main conditions for obtaining a work permit for intracoprotе assignees is the payment of their labor in an amount of at least ten minimum wages.

It is also worth noting that the period for which a permit for the employment of intracorporate assignees is issued is determined by Ukrainian and foreign companies that enter into a similar agreement on the transfer of the aforementioned employee.

This type of agreement can only be concluded between a Ukrainian company and a company-representative of another state - a member of the WTO.

The process of drawing up a contract, as well as preparing documents for submission for permission, requires attention to detail, and ideally, specialized knowledge in this field.

Related topic: Some issues of employment of foreigners in Ukraine

The lawyers of our company have studied this topic in detail and can help you obtain a work permit for a foreigner, provide advice on obtaining a residence permit in Ukraine and give answers to all your questions.

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