How to obtain a license for employment mediation in Germany?

In June 2020, we were contacted by a representative of a German company that wanted to recruit employees in Ukraine and place them into the German market. This Client wanted to know how to better organize the process and what documents are required for this purpose.

Our specialists explained that in order to recruit personnel in Ukraine legally, they should find a local partner company, which has an Overseas Employment Agency License. But the German company did not want to look for a partner. The Client thought it would be more reliable to establish a subsidiary company and get the license for it.

So, our cooperation consisted of two stages:

  1. Registration of the Ukrainian-German company;
  2. Obtaining the Overseas Employment Agency License.

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How to register a subsidiary LLC of a German company in Ukraine?

The Client decided that the founding members of the company to be created should include a German company, as well as a trusted person from Ukraine, which will be not only the co-founder, but also the manager, and will personally run business in Ukraine.

What documents are required for registration of such company?

Our specialists explained that a German company will first of all need an extract from the Commercial Register of the Munich District Court (taken at the place of the company registration).

This document will be required both for registration of a subsidiary company in Ukraine and for obtaining the license for it. This document must be certified by the issuing authority and apostilled. Just a printout from an Internet resource is not suitable.

Besides, in order to carry out registration actions you need an apostilled power of attorney for the person who will carry out all registration actions - in this case, our lawyer. We always provide our Clients with a sample power of attorney, because it is in our best interests, so that there would be no surprises later.

How long does it take to register a subsidiary LLC in Ukraine?

Companies in Ukraine (in particular - in the form of LLC) are registered within one business day following the submission of documents to the registrar. So, the company may open an account and either work (if the activity is not subject to licensing) or apply for a license the next day after submission of the documents.

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The procedure for obtaining a license for employment in Germany

Our specialists developed bilingual draft agreements between German and Ukrainian companies, and between the German company and potential employees, and explained to the Client how to certify each of the documents.

We have already repeatedly talked about how the documents of a foreign company should be certified, so the details can be found here, Youcan also read about how a foreigner can start an employment agency in Ukraine here.

After getting the signed documents from Germany, the required license was obtained a little more than two weeks later. We informed the Client that due to quarantine, the licensing authority’s mode of operation is somewhat unstable, so the decision to issue the license may be made a bit later than in 10 business days. 

Nevertheless, the license was obtained within the shortest possible time and the Client was able to start its business activity.

Do you want to start an employment agency in Ukraine to deploy personnel in Germany or another country? We can help you with that!

Would you like to know more?

Find more information about the Employment License here

Publication date: 16/09/2020

About author

Name: Marina Losenko

Position: Associate

Education: National Aviation University

Knowledge of languages: Russian, Ukrainian

Email: [email protected]

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Marina Losenko
Associate
Maksym Postyka
Head of Client Managers Department
Sofia Korliuk
Legal assistant