How to get a license for a recruitment agency in Ukraine?
In Ukraine, staffing agencies can be registered as either individual entrepreneurs or legal entities. However, in order to provide both informational services and employment opportunities for foreign workers to Ukrainian citizens legally, a license is required. Depending on the specific situation, working without a permit can result in a fine ranging from UAH 17,000 to UAH 34,000.
The license only needs to be obtained once and its validity is not limited in the future. Additionally, in some cases, the license continues to be valid in the event of inheritance by an individual entrepreneur who received the license, by the inheritor.
However, it is important to remember the obligation to re-register the license or notify the relevant licensing authority of changes in the information contained in the documents submitted for obtaining the license.
To obtain a license for employment abroad, a statement and accompanying documents should be submitted to the relevant licensing authority. Currently, the Ministry of Economic Development issues licenses for staffing agencies.
Our lawyers have gathered up-to-date information on what to keep in mind and what documents are required to obtain a license for a staffing agency.
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What documents do you need to gather in advance to open a staffing agency?
According to licensing conditions, you must submit an application in accordance with the current legislation's form. Additionally, you need to include the following list of documents:
- Information on the location of your business activities.
- A document confirming the registration of the foreign employer.
- A document confirming that the foreign company has permission or a license to employ foreign citizens. If such a document is not provided, you should attach a document indicating what types of business activities the foreign partner is authorized to engage in;
Please note! The aforementioned documents, except for information on the location of the activity, must be legalized in accordance with the current legislation if there is no relevant international agreement between Ukraine and the employer's country to simplify the legalization process. If these documents are written in a foreign language, they also require translation, and the copies and the translator's signature must be notarized.
- A certificate from the employer stating that there are no collective agreements with trade unions (or a copy of the agreement, if applicable);
- A copy of the foreign economic contract and the employment contract project;
- A description of the documents attached to the license application in two copies;
- A certificate confirming the absence of foreign control.
If the future recruitment agency plans to collaborate with employers through a foreign mediator rather than directly, the list of documents will differ. For example, an additional requirement is to attach the foreign mediator's permit to employ Ukrainians in their country, if such a permit is obtainable in the mediator's country of residence, as well as a copy of the agreement between the foreign mediator and the foreign employer.
If the foreign employer hires workers for ships, a list of their vessels must be attached to the application.
The official fee for issuing a license does not exceed one subsistence minimum for able-bodied persons.
The documents for obtaining the license are reviewed within 10 days, after which the licensing authority decides whether to grant the license or refuse it. Depending on the number of foreign partners, the readiness of the documents, the employment status of individuals, the procedure can take from 20 business days or more.
Please note! Due to the COVID-19 pandemic, licensing authorities may delay the process of reviewing documents, and in practice, the application review may take up to a month or more.
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How do we help staffing agencies obtain a license?
In addition to the licensing service, we offer a range of supplementary services to our clients, including assistance with the development of foreign trade contracts, employment agreement projects, and other necessary documents.
During the licensing process, we:
- provide consultations on the process of obtaining a license and starting the activity of a staffing agency in Ukraine, depending on the specifics of the personnel with which the client plans to work;
- develop a public offer agreement for further work of the agency with those wishing to find employment abroad;
- develop foreign trade contracts and other necessary documents;
- conclude an agreement for the provision of legal services, if the agency does not have its own lawyer, for further company activity;
- obtain a turnkey license within the required timeframes;
- assist in finding and verifying foreign partners.
If you plan to open a staffing agency in Ukraine, contact us. We have already helped to open many intermediary companies, crewing agencies, and even model search agencies. We will not only obtain a license for you but also provide useful recommendations for further safe activity.
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