How to employ a foreign IT specialist in a Diia City resident company in Ukraine?
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About 400 enterprises and startups have already registered as Diia City residents. The main direction of their activities is mainly IT projects, so many attract specialists from other countries.
In this case, it is necessary to take into account that the employment of foreign citizens without appropriate permission is a violation of Ukrainian legislation and entails the imposition of an administrative fine. Penalties are imposed both on the foreign worker and the employer. At present, the amounts of fines are established from UAH 1,700 to UAH 8,500.
In this article our lawyers will tell you how to avoid penalties and properly organize the work of your company, taking into account all the changes in the legislation, to do everything on time and without violations.
We use an individual approach to each client, we take a concrete situation, we study the documents and only after that we select the option that suits you.
Peculiarities of employment of foreigners by Diia City residents
Pursuant to the current Ukrainian legislation, foreigners are employed on the basis of a permit issued by the Employment Center, the validity of which does not exceed two years. Based on such a permit a visa and a temporary work permit are obtained.
Only foreigners with a permanent residence permit or refugee status, representatives of foreign mass media, and some other categories defined by the Law can work without obtaining such a document.
To apply to the Employment Center, you need to prepare a draft employment agreement (contract) or gig contract, if the employer is a resident of Diia City. Our specialists will also advise you on the specifics of each of these documents and the mandatory requirements they must meet, and will prepare templates if necessary.
Employers should note that after making changes to the Law of Ukraine "On Employment" from October 15, 2022, specialists working under gig contracts must also have a work permit.
Also according to the changes, the fees have been increased and the maximum term of the work permit was reduced to 2 years.
Our lawyers have many years of experience in the employment of foreigners. We accompany clients at every stage:
- preparing and submitting documents to the Employment Center;
- obtaining a work permit;
- preparing the package of documents for obtaining a visa, including registering the electronic application form;
- preparing the documents for crossing the state border;
- preparing the package of documents and accompanying the client in applying for a temporary residence permit.
Please note! If a foreigner works for several companies, each employer must obtain a work permit.
It is mandatory to obtain a permit for foreign students who intend to work during their studies.
Often we are approached by companies that have in-house lawyers and HR specialists, but due to constant changes in legislation, and difficulties in executing documents, invitations, visas, etc., they cannot independently handle the employment of a foreign worker in accordance with all the requirements. Most often it is, of course, startups and new residents of Diia City, for which it does not make sense to hire a separate employee for one or two foreign specialists.
That's why we offer different types of assistance and an individual approach to each client. Our lawyers can offer:
- full support at each or individual stage;
- consulting assistance and/or development of a road map;
- preparation of document templates, etc.
If you are planning to become a Diia City resident and are thinking about hiring foreign specialists, don't hesitate to contact us. We will help both with registration as a Diia City resident and with hiring the employees you need.