How and why is it important to correctly submit a foreigner's work permit in Ukraine?

Ensuring the proper return of a foreign worker's work permit in Ukraine, to facilitate the seamless acquisition of a new permit in the future, is a critical process demanding meticulous attention and the accurate execution of a series of steps. There are various potential reasons for the rescinding of a foreigner's work permit in Ukraine, contingent on specific circumstances and conditions. Let's delve into the most common reasons:

1. Expiry of the employment agreement term. This occurs when the agreement explicitly specifies its termination date.
2. Premature termination of the employment agreement. This could result from a mutual agreement between the parties, at the initiative of the employer, or the employee.

These two reasons may arise during a foreigner's employment in Ukraine, and it is imperative to take them into account when planning and managing employment relationships with foreign workers.

If it is crucial for you not only to understand how to properly engage a foreign worker in your company or terminate employment relations with them without violating the law but also to entrust this matter to the oversight of a reliable professional, feel free to contact us. Our experienced lawyers are always prepared to provide you with professional assistance, anticipate potential risks, and ensure the correct course of actions in accordance with Ukrainian law.

You may also like: Your Reliable Partner for Obtaining a Work Permit for a Foreigner in Ukraine: Our Partner Program

How to Properly Return a Foreign Worker's Work Permit

The process of returning a work permit does not involve submitting the permit document itself. The employer must notify the Employment Center in writing of the termination of the employment contract with the foreigner by submitting an application in any convenient format.

Specifically, the employer can do this through the following methods:

а) by email;

b) by registered mail with a description of the enclosure and a delivery notification;

c) by personally registering it at the office in the Employment Center. This is the most reliable method since it allows obtaining an incoming document number immediately, serving as confirmation that the Employment Center has received the notification.

There is no standard form for this application, so the employer can use any format. However, the notification must include the following information:

• Full name of the foreign worker;
• Nationality of the foreigner;
• Passport details of the foreigner;
• Permit number;
• The termination date of the employment agreement.

The deadline for notifying the Employment Center is 10 calendar days from the day of termination.

The result of this notification is the Employment Center's decision to cancel the work permit in Ukraine. This decision can be monitored using the number on the official website of the employment center to which the notification was submitted.

If the foreigner also obtained a temporary residence permit in Ukraine based on employment, they must contact the migration service to return the permit and obtain a decision on its cancellation. Additionally, they should visit the Center for the Provision of Administrative Services to deregister their place of residence. The final step is to leave the territory of Ukraine within 7 days of receiving a copy of the decision on permit cancellation from the migration service. 

Consequences of Non-Compliance with Work Permit Cancellation Requirements

Failure to adhere to the proper procedure for canceling a work permit may result in fines being imposed on the company. Beyond potential fines, there's a chance that the permit could be revoked for other reasons, such as non-payment of social security contributions for the foreign employee. In such a scenario, if the foreigner decides to reapply for a similar permit, they will only be eligible to obtain it after a year.

Therefore, strict adherence to the rules and procedures for canceling work permits for foreigners becomes a critically important and obligatory step, to be executed in accordance with Ukrainian legislation. All employers utilizing foreign workers and foreigners working based on permits must conform to these established norms. This conscientious approach helps avoid legal complications, ensuring a lawful opportunity to return and secure employment in Ukraine in the future.

Our legal experts consistently provide clients with comprehensive information about potential risks associated with obtaining permits for foreign labor, explaining the correct steps to fulfill all requirements. Additionally, we take control of such aspects when our clients engage our legal or accounting services. This proactive approach enables you to mitigate risks and, most importantly, operate within the bounds of the law!

Looking to obtain a Work Permit for a foreigner in Ukraine? The cost is available here.

Interested in obtaining a Temporary Residence Permit in Ukraine? The cost is available here.