A work permit for a foreign worker in Ukraine was canceled. What to do?
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Employment of a foreigner in Ukraine is a complex procedure, which has a lot of subtle aspects, and therefore requires significant attention of the employer to its execution. The question of correct registration of a foreign worker is relevant for any Ukrainian companies that use the work of such employees, or, for example, foreign companies that open branches in Ukraine and invite foreign specialists.
It is not enough just to get a work permit - you also need to get a residence permit for the employee, to monitor changes in the organization of work, which will be used in the permit, and to organize the entry of a foreigner into the country during coronavirus quarantine. Moreover, it is important not to lose the work permit due to bureaucratic errors.
Our lawyers provide assistance both in obtaining permits and in situations where the permit of your foreign worker has been revoked.
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What are the main reasons for cancelling a work permit in Ukraine?
Unfortunately, permission revocation is a common occurrence. At the same time, there is a difference between the cancellation of the permit, which occurs on a voluntary basis at the request of the employer, and the forced one, which is associated with non-fulfillment of legal obligations. Let's deal with the reasons for such cancellation and the consequences for the employer.
According to the legislation, after obtaining the permit, the employer is obliged to:
Enter into an employment contract with a foreigner within 90 days from the date of adoption of the decision on extradition;
Send a copy of the concluded labor agreement/contract, gig contract to the Employment Center within 10 days from the moment of conclusion;
In the future, send to the Central Committee relevant information on labor relations, including termination of relations (to make changes to the permit in the event of a change of position, change of name of the employer, etc.).
Pay taxes on a foreigner's salary, including ESV (single social tax).
Failure to fulfill any of these obligations is an independent basis for the cancellation of the permit. At the same time, according to the registers of revoked permits, which are regularly published by employment centers, the most common reason for the cancellation of a permit against the will of the employer is late submission of a copy of the employment contract.
Also, grounds for canceling an employment permit are:
detection of unreliability of data in documents, which could not be detected at the time of consideration of the application;
a decision on forced return or expulsion of a foreigner from Ukraine,
employment of a foreigner under conditions other than those established by the permit,
conviction of a foreigner for committing a crime, or at the request of the National Police, Security Service of Ukraine or another state body.
The decision to cancel the employment permit is usually taken by the employment centers within three days from the date of establishment of the corresponding fact of violation. However, sometimes such a decision can be made within a month or much later. Therefore, if you submitted a copy of the employment contract in a timely manner and within a week you did not receive a letter with a notice of cancellation of the permit to the contact address - do not be happy, such a letter may come after three months.
What happens after cancellation of a work permit in Ukraine?
As a result of the permit cancellation, the foreigner cannot continue the employment relationship with the employer (in fact, the employment agreement is terminated). The legislation does not provide for any additional time for termination of the employment relationship, the employer must do so on the day the order is cancelled.
If an employee does not hold a managerial position, there will be no technical difficulties to discharge him/her. However, if a permit is obtained for a foreigner who holds a managerial position, such release may paralyze the work of the company until a new candidate is approved.
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Please note! The failure to terminate the employment in due time is a violation of law and implies a penalty in the amount of 20 minimum wages (as of 2020, the total amount of the fine is UAH 94,460).
Another possible consequence of the cancellation of the permit is the loss of grounds for legal stay in Ukraine. Given the changes in legislation introduced in December 2019, the cancellation of a work permit means the revocation of a residence permit in Ukraine, issued on the basis of employment. In this case, this type of a residence permit will be canceled and the foreigner is obliged to leave Ukraine within 7 calendar days (to surrender the residence permit, cancel the registration of the place of residence, leave Ukraine).
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What to do if your work permit is revoked?
Given the existing legislative mechanisms, we don’t have a lot of options:
- Apply for a new permit;
- Appeal against the decision on the permit revocation.
The employer can appeal against the decision:
- to a higher authority (the State Employment Service);
- to the District Administrative Court.
Administrative appeal to the State Employment Service is mostly unpromising, since the practice of interpreting the grounds for cancellation is unified for both local employment centers and the central authority. Thus, only knowingly unlawful or erroneous decisions can be cancelled.
With respect to judicial appeal, today there is almost no such judicial practice, since in the overwhelming majority of situations an employer clearly fails to fulfill its obligations and the court interprets the legislation in the same way as the employment center.
Considering this, appeals are promising only in single cases. It is more realistic to obtain a new permit, but with professional legal assistance, which will help you avoid negative situations.
Understanding the current situation in this area, our lawyers are always ready to provide clear instructions to the employer during and after obtaining the necessary permits for its employees. After all, it is better to act proactively and simply to prevent the loss of a permit. In 99% of cases, a permit is cancelled due to a lack of understanding of responsibilities.We offer our Clients the following services:
- Migration Lawyer's Consultation on Employment Permit for Foreigners in Ukraine;
- Extension of Employment Permit for Foreigners in Ukraine;
- Obtaining a new Work Permit for Foreigner in Ukraine;
- Disputing the annulment of a work permit for foreigners in Ukraine;
- Finding alternative ways of solving the problem in the Client's situation.
The standard of our lawyers’ work involves legal support of the Client until the termination of employment, including advice on further actions and situations to which the employer should respond.
If you want to employ a foreigner without any problems, or need assistance in cancelling a work permit for a foreigner in Ukraine, don’t hesitate to call us.
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