How to get a crewing license in Ukraine?
Crewing companies are agencies involved in recruiting and employing Ukrainian seafarers on foreign ships. Ukraine is a maritime state and can offer a large number of highly qualified maritime personnel. There are many maritime colleges and schools in the south of the country. They graduate workers of various professions, and shipowners looking for a relatively inexpensive but good workforce can find one in Ukraine. Crewing agencies in this situation are the link between them.
There is a constant demand for the services of crewing agencies, and contractors will be large international companies with contracts for many years, which is very attractive to many entrepreneurs.
In order to start crewing activities, it is necessary to obtain an Overseas Employment Agency License. This license is issued by the Ministry of Economy, and the company, which plans to obtain the license, must meet a number of requirements. Today, we are going to discuss them.
Please note! The licensing regulations do not include the word “crewing”. That is to say, the license is applied for under the general licensing regulations on employment mediation. But in practice when the Ministry of Economics receives the documents of crewing agencies, it may present additional requirements.
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What documents are needed for a crewing license in Ukraine?
In order to obtain the license, you need to prepare a fairly standard package of documents, which we have already indicated here. However, there are differences in the essence and nuances of the information submitted.
So, the applicant for a license is obliged to provide information on the list of vessels, which the employer owns or uses on other legal grounds, as well as about the crews managed. This data must be certified by the foreign employer.
Particular attention should be paid to the draft of the employment agreement, it will be checked very carefully by the licensing authority. Such a draft is prepared in advance and must be certified by the foreign employer.
The main condition for the employment agreement is considered to be the observance of working conditions for workers. In spite of the fact that the draft employment agreement is signed by a foreign employer, who would like to conclude it according to the legislation of its country, the mentioned draft must be compiled according to the requirements of Ukrainian legislation.
One of the most typical situations leading to mistakes in the draft is mistranslation of the document on registration of the foreign company through a translation agency. The licensing authority is very picky about such details, and if there is at least one mistake, the licensing authority may leave the case without consideration or deny the license.
You should also pay attention to such details of the agreement as the procedure for resolving possible misunderstandings and disputes between the employees and the employer. The dispute resolution process prescribed in the agreement.
Lawyers of our company will qualitatively prepare the necessary documents so that the licensing authority doesn’t have any observations about the execution or content of documents.
One of the most difficult stages of crewing company setup is to find counterparties abroad in order to conclude the agreement. It is not only necessary to find a foreign partner, i.e. ship owner, but also to check its reliability. You must check all its documents, and first of all its constituent documents.
What is the procedure of obtaining the Crewing License?
In simple terms, the process of getting the license and starting the crewing agency will be as follows:
- First, the company must be registered - the registration procedure takes 1-3 days, but you need to take care in advance about the development of constituent documents, and decide on the appropriate KVEDs (types of economic activity) (No.78.10 activities of employment agencies).
- Next, you need to buy or rent office premises, and to place information about the name of the company and business house at the entrance.
- The premises must be provided with the material and technical basis, according to current legislative norms - this includes office equipment (an Internet connected computer, printer), as well as means of telephone communication.
- Develop the draft agreement with a foreign partner, in accordance with the requirements of Ukrainian legislation.
- Prepare to submit a set of documents to the licensing authority, including the correct execution of information, applications and attached documents.
- Submit the documents to the Ministry of Economy where they are examined within 10 business days (though in practice due to the quarantine conditions the examination period can be longer), after which the licensing authority issues or denies the license.
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Legal services for obtaining a Crewing License in Ukraine
Our company offers you the following services:
- Consultation on the process, cost and timing of obtaining a Crewing License;
- Analysis of the case and available documents, recommendations on obtaining the missing documents;
- Development of a draft agreement on employment mediation with a foreign contractor and a draft employment agreement for the purpose of obtaining a Crewing License;
- Translation and notarization of the documents for submission to the licensing authority;
- Submission of the documents to the Ministry of Economy and obtaining of a Crewing License on a turnkey basis.
Please view the cost of a Crewing License here, or contact our specialists for a personalized service package.
Do you want to start crewing activity in Ukraine? Don’t hesitate to contact us. We will help you to prepare all documents and check the reliability of your partner.
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Everything about obtaining an Employment Agency License here.