Assisted a client with employment agency license obtainment in Ukraine

Recently, licensing of employment agency services has gained a high popularity among our Clients. We are being contacted by a wide range of employment agencies that need corresponding licenses. Since 2008, we have been closely monitoring all changes on licensing regulation and aware of all the requirements for successful results.

At the beginning of March our firm was contacted by a Ukrainian, who had been living in Lithuania for a long time and wanted to act as a middleman between his Lithuanian partners and Ukrainian job seekers willing to work in Lithuania. Our lawyers were challenged to obtain a license for employment agency services abroad as soon as possible.

The basic requirement for the preparation of documents, especially agreements, is due diligence and deadly concentration, as they are usually drawn up in two languages. Given the fact that all information on foreign partners is obtained from the translations of the partners’ original documents, it may contain some deficiencies and errors. The licensing authority carefully reviews all the submitted documents. Thus, any slightest mistake, for example, an excessive or missing letter in proper names, can result in your filing being rejected. This will cause inconsistency between the original documents and their translations. The licensing authority pays particular attention to the draft employment agreement. It shall fully comply with all the requirements of the Law of Ukraine on External Labour Migration. This is due to the state policy in the field of combating trafficking in human beings, as well as providing workers with adequate working conditions and social protection.

Having analyzed the Client’s draft employment agreement, we realized that it didn’t meet the requirements of the Ministry of Social Policy of Ukraine. That’s why we offered the Client to properly draft a new employment agreement, which the Client agreed to.

When all the documents were prepared and agreed upon, we faced another challenge: the Client couldn’t reach his Lithuanian partner, who had to sign the partnership agreement and certify the draft employment agreement. We had to find a new partner or other solutions. As we were pressed for time, our lawyers suggested the Client to make his Lithuanian company a final employer until he found other partners. The Client agreed to our proposal, as it was important to save time.

Despite the fact that the Client was in Lithuania, the documents were delivered without any delays. The Client transferred the documents by bus from Vilnius and the next day they were in Kyiv. On the same day, having reviewed the documents once again, we submitted them to the licensing authority.

Thanks to our lawyers’ extensive experience and careful preparation of documents, the Client received a positive decision by the Ministry of Social Policy of Ukraine upon the issuance of a license within the period stipulated by law.