Replacing Mobilized Employees: How to Hire Foreign Workers for Your Company

The situation in the labor market in Ukraine has significantly complicated due to mobilization. For many enterprises, this has become a serious issue because the need to replace employees called up for military service creates additional workload. In such a situation, finding effective solutions to replace mobilized workers is a relevant and pressing topic for any company striving to ensure the continuity of its operations.

The labor market in Ukraine has become significantly more challenging due to mobilization. For many businesses, this poses a serious problem, as the need to replace employees called up for military service adds extra strain. In this context, finding effective solutions for replacing mobilized workers is a pressing and critical issue for any company seeking to maintain operational continuity.

How to replace a mobilized employee? One solution to this problem is hiring foreign workers. A significant advantage for employers is that foreign nationals are not subject to military conscription. This means there is no need to manage military record-keeping, handle reservations, update military registration data, or deal with deferments from mobilization. In this article, we will explore the legal and accounting aspects of this process.

However, if you're looking for more than just useful information and need practical assistance, we are ready to be your reliable partner. Our team will not only help you hire foreign workers and guide you on how to properly replace mobilized employees but also provide all the necessary legal and accounting support. You can focus on growing your business, relying on our professionalism and experience. With our assistance, you will gain all the knowledge and tools necessary for successfully replacing mobilized workers.

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How to Hire a Foreign Worker to Replace a Mobilized Employee

Today, Ukrainian businesses are increasingly employing foreign workers to replace employees called up for military service. This is especially relevant for occupations that predominantly employ men, such as construction workers, drivers, couriers, machinists, electricians, mechanics, welders, and more. Generally, these workers do not qualify as highly skilled specialists and, therefore, are not eligible for permanent residency. However, they are eligible for temporary residence permits in Ukraine.

How to legalize a foreign employee? To legally employ a foreign worker in Ukraine, you must first obtain a work permit. This process involves applying to the Employment Center and providing a range of required documents, including a draft employment contract with the foreign worker. Here are the key steps and considerations for this process:

1. Documents for obtaining a work permit must be submitted by the employer, either the company’s director or an authorized representative with a power of attorney. A foreign worker cannot submit these documents themselves.
2. The application must be completed using the prescribed form and must be accompanied by a clear list of documents required by the Law of Ukraine on Employment.
3. The conditions of the employment agreementwith the foreign worker must meet Ukrainian labor legislation. Specifically, the employer cannot offer a salary below the national minimum wage.
4. Citizens from certain countries must undergo a security check by the Security Service of Ukraine (SBU) before a work permit can be issued. This applies to citizens from the Russian Federation, Belarus, and other countries considered a threat to the state and national interests of Ukraine. The Employment Center can only issue a work permit to citizens of these countries after receiving approval from the SBU.

Once the work permit is obtained, the foreign worker can apply for a temporary residence permit in Ukraine for up to 2 years. This permit allows the foreign worker to legally reside and work in Ukraine for the duration of the permit.

Payment of Unified Social Contribution for Foreign Workers: How to Avoid Revocation of the Permit

After hiring a foreign worker, it is mandatory to pay the Unified Social Contribution (USC) for them and submit reports to the tax authorities regarding the payment of this tax. The Employment Center monitors compliance with this requirement. If the USC for a foreign worker is not paid for more than 2 months, there is a risk of the work permit being revoked, which also leads to the cancellation of the foreign worker’s temporary residence permit.

It is crucial to pay close attention to this matter because if the work permit is revoked specifically due to non-payment of the USC, the employer will face a one-year ban on obtaining work permits for any foreign workers. Therefore, it is essential to adhere to this requirement and avoid any violations. To help you avoid these legal risks and ensure full compliance with the law, we offer comprehensive support to our clients.

Our approach includes overseeing the payment of the USC and the timely submission of reports to the tax authorities. Our experts ensure that you comply with all legal requirements, maintain your employees' work permits, and protect your business from potential penalties.

Replacing Mobilized Employees: How to Properly Hire Foreign Workers for Ukrainian Companies

Replacing mobilized male workers with foreign employees can be an effective solution for many companies. This approach helps maintain stability and ensure the continuity of business processes, which is crucial in today’s challenging economic environment. Here are some steps and key considerations to keep in mind during the process of hiring foreign workers:

• Ensure that all legal requirements for obtaining work permits for foreign workers are met.
• Make sure that all documents are correctly prepared and submitted within the established deadlines.
• Collaborate with lawyers who specialize in labor law and immigration issues to avoid legal problems.
• Confirm that all employment agreements are legally binding and comply with Ukrainian labor laws.
• Submit all required information to the Employment Center and the tax authorities in a timely manner.
• Ensure timely and accurate payment of all taxes, including the Unified Social Contribution (USC), for foreign workers. Manage the submission of tax reports to the tax authorities.
• Follow all regulations related to the foreign worker’s stay in Ukraine (the duration of their stay in the country, obtaining a residence permit, registering their place of residence, etc.).

Adhering to these steps will help you effectively replace mobilized workers with foreign employees, ensuring stability and productivity for your business while maintaining full legal compliance.

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Employment of Foreign Workers in Ukraine: Comprehensive Legal Support

Replacing mobilized employees with foreign workers is becoming an increasingly relevant issue for many companies in Ukraine. However, the process of quickly and correctly hiring foreign workers requires a well-organized approach, clear communication, and collaboration with professionals in this field. A lack of experience can lead to significant financial and legal risks. Our legal experts are prepared to handle everything from A to Z – from obtaining work permits to preparing and submitting documents, registering residence, and managing accounting and HR tasks.

Sometimes employment relationships with a worker may not work out, which can create certain challenges. In such cases, we will assist you in correctly terminating the employment and managing all the necessary documentation. It is crucial to understand that failing to follow the approved procedures can result in your company being unable to obtain new work permits for foreign workers for a year. Additionally, as the inviting company, you are considered the host party. This means that if a foreign worker violates the rules of their stay in Ukraine, the financial costs associated with their deportation will be the responsibility of the inviting company.

It’s clear that hiring a full-time migration specialist can be economically unfeasible and doesn’t always guarantee the level of expertise you need. That’s why our company offers these services on an outsourcing basis, leveraging a team of migration lawyers with over 16 years of experience in the field. Our experts not only assist with the preparation of all necessary documents but also provide comprehensive legal support throughout the employment process. We assess potential risks associated with foreign worker employment, helping you avoid unforeseen issues and ensuring a smooth and compliant hiring experience.

Plan a consultation with our experts now to find out how we can support your company with the hiring and management of foreign workers. Reach out to us today to get started!