How to get workers to work in a foreign mission?
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When opening a foreign representative office in Ukraine, take care not only about its correct registration, but also about providing the representative office with the necessary personnel.
We often receive requests from Clients, representatives of foreign companies, who wish to expand their business in Ukraine. Besides other working issues they are interested in how to employ employees to a foreign representative office.
Certainly, such a question arises, first of all, due to the necessity to understand the rules of doing business legally in another country with unfamiliar legislation. And secondly, the representative office is a special business structure in Ukraine, with its own rules of doing business, and therefore the rules of the solution of personnel issues may differ.
Also, a separate aspect is that entrepreneurs may want to relocate their trusted personnel to a foreign representative office from abroad, or to hire part of the staff in Ukraine. The employment procedure for these categories of persons will be different.
Today, we will elaborate on both options of the employment procedure for a foreign representative office in Ukraine. If you do not want to study the theory, and prefer to delegate the employment issues in Ukraine to professionals with the necessary skills - don’t hesitate to contact our experts.
How to employ a foreigner in a foreign representative office in Ukraine?
First, let's talk about employment of foreign persons in the representative office, because many companies prefer to have their own staff in Ukraine, at least top management staff. Sometimes this is dictated by the need, if for example the field of the company’s activity is specific, and it will be difficult to find the proper personnel in Ukraine.
A foreigner can work in Ukraine on the basis of a special Work Permit. Exceptions are rare types of activity, for example volunteers or representatives of religious organizations.
However, a representative office as a form of enterprise is somewhat different from Ukrainian companies in this regard. In order to employ a foreign worker in a representative office, it will be necessary to obtain a special service card for an employee of the representative office.
Having such a card, your employee can come to Ukraine and work legally in the representative office.
Please note! Having a service card or a Work Permit in Ukraine doesn't mean that a foreign national can stay in Ukraine without leaving the country. He/she will still have to leave Ukraine after the permitted period of stay (standard period is 90 days). If you need a foreign worker to stay for a longer period in Ukraine, your employee will need to apply for a Temporary Residence Permit. This can be done on the basis of a service card.
As for getting service cards, the procedure for obtaining them will take about 3 weeks. Documents to be submitted:
- a copy of the certificate of registration of the representative office;
- a list of foreign employees;
- two photos for each employee.
As practice shows, the Ministry of Economic Development may simultaneously issue service cards for no more than three foreign employees. If you want to employ more foreign employees - you either need to correctly organize your queries to the Ministry, or consider registering a Ukrainian company instead of a representative office. Read more here.
After getting the service cards, a foreign person can be employed in the representative office according to the standard procedure. We will elaborate on this procedure in the next block.
How to employ a worker in the representative office in Ukraine?
The employment procedure (both for a Ukrainian and a foreigner with a service card), consists of three stages:
- Drawing up an employment order;
- Execution of the employment agreement with the employee (in two copies for each party);
- Notification of the State Fiscal Service on the hiring of an employee.
Signing of the employment agreement is a mandatory stage. See the detailed information on this step here.
For employment the employee must provide you with the following documents:
- Passport or other identity document;
- TIN (a foreign worker must obtain it when applying for the service card);
- Employment record book, if you will be the primary employer for the employee.
The employment notification letter to the tax authorities o can be submitted online - this requires the prior issuance of an EDS.
It is important that the start dates in the notification, the employment agreement, and the hiring order coincide.
Of course, hiring employees is only the first step in organizing the personnel accounting system, which constantly requires attention. It is necessary to pay employees their salaries on time, paying the necessary taxes, executing out sick leave, vacations and layoffs.
If you do not want to do it yourself, our company will offer you basic legal services for the foreign representative office. They include:
- Tax accounting - filing of reports on the taxation of the representative office;
- Payroll - personnel accounting of the company. We take over the operation of the Client’s personal account, pay salaries, taxes for the Client, deal with vacations, bonuses, insurance costs, travel expenses, sick leaves, etc.
- Accounting - we communicate with the bank representatives about the incoming payments. We arrange the receipt of funds from the parent company, etc.
- Legalservising - services that require legal knowledge and skills - development of agreement, orders, internal documentation, everything you need for accounting.
The cost of the representative office servicing will depend on the amount of services for a certain period of time. You can find out the cost here or by contacting our specialists.
We can also help with registration of a foreign representative office in Ukraine. You can learn the cost of the services here.
Do you want to open a representative office in Ukraine? Don’t hesitate to contact us! We will not only help you to start your business, but also take full responsibility for the organization and support of your business activity.
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