A work permit for a foreign worker in Ukraine was canceled. What to do?
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Our lawyers provide assistance both in obtaining permits and in situations where the permit of your foreign worker has been revoked.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, revocation of a permit is quite widespread. At the same time, you should distinguish between the cancellation of a permit, which occurs on a voluntary basis at the request of the employer, and forced, which is due to failure to comply with legal obligations. Let’s elaborate on the reasons for such cancellation, and the consequences for the employer.
According to the law, after obtaining a permit, the employer must:
- Pay for the issue of the permit within 10 business days following the date of the decision to issue the permit;
- Тo conclude an employment agreement with the foreigner within 90 days from the date of the decision to issue the permit is made;
- To send to the Central Election Commission (Employment Center) a copy of the concluded labor contract within 10 days from the date of conclusion;
- Send to the Employment Center actual information on employment relations (to make changes in the permit, in case of change of position, change of employer name, etc.).
Failure to comply with any of these obligations is a separate ground for revoking a permit. At the same time, according to the registers of revoked permits, which are regularly published by the employment centers, the most common reason for cancelling a permit other than by the employer’s will is late submission of a copy of the employment agreement.
As a rule, the decision to cancel a work permit is made by the employment centers within one week from the date of establishing the relevant fact of violation. However, sometimes such a decision can be taken within a month or much later. Therefore, if you submitted a copy of your employment contract on time and did not receive a letter within a week notifying you about the cancellation of a work permit at your contact address, don’t walk upon air, as the letter may arrive three months later.
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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