How soon can a license for employment mediation abroad be obtained?
In March 2019, our Company received a Client’s request for obtaining a license for employment agency services abroad. According to the Client, his partner was located in Poland and it would be the one to employ the Ukrainian citizens. The Client wanted us to analyze the documents of the Polish company in order to determine whether they are legally sufficient for obtaining the license, as well as to answer the following questions:
- What are the eligibility requirements to be met by the license applicant;
- How long does it take to get a license for employment agency services abroad.
As a part of consultation, our lawyers analyzed the documents of the Polish company. Since we have Polish-speaking employees in our team, we didn’t demand the official translation of the documents. It was found out that the Client’s partner is a limited partnership (LP) established by a limited liability company (LLC). And according to our previous experiences, the licensing authority requires to submit the registration documents not only of the foreign partner, but of its founder as well. Therefore, we advised the Client to immediately ask his partner to send us the registration documents of the parent company. We also emphasized that the registration documents of both Polish companies shall be certified notarilly. Simple electronic printouts wouldn’t be legally sufficient.
While providing legal counselling, our lawyers also replied the Client’s abovementioned questions, namely:
What are the eligibility requirements to be met by the license applicant?
The legislation does not stipulates any specific requirements directly for the license applicants, other than that they shall be registered business entities submitting documents for obtaining a license according to the list specified in paragraph 4 of the licensing regulations. You can find more information on the documents required to obtain the license, and the document certifying procedures here.
The licencing regulations, however, contain a number of requirements for a licensee (a person who holds a licence). For example, this type of activity is permissible only in non-residential premises. Thus, one should think in advance of obtaining a lease for such a premise or any other grounds for its lawful use. In addition, the licensee shall have a full-time lawyer. Another option is an outsourcing lawyer. The licensee may conclude a legal services agreement with any law firm. This option is more cost-effective than a full-time lawyer.
How long does it take to get a license for employment agency services abroad?
The law stipulates that the licensing authority shall process the documents and decide on the licence issuance within ten (10) working days. But in fact, due to the strict requirements to the submitted documents, there are usually numerous remarks and comments on the documents that may cause significant delays in processing the applications. License applicants shall amend the documents according to the remarks. And if the remarks relate to the registration documents of a foreign partner or those that are to be signed by the foreign company, it may take the Client much time to get the modified documents certified and sent back. Thus, if the documents for obtaining a license are professionally drafted at the start, it will save you a lot of time and allow for quick obtainment of the license - within ten working days.
Being aware of the details, the Client provided our lawyers with all the necessary documents certified in a proper manner. This allowed us to obtain a license in two weeks.
If you want to get a license for employment agency services abroad as quickly as possible, you should be aware of all the license application requirements, the legal status of your foreign partner, whose documents you will use to obtain a license, and many other details. It is necessary to avoid any remarks and comments on the documents from the licensing authority so that your foreign partner doesn’t have to re-sign them.
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