Our lawyers helped to get employment agency license for a client with foreign counterparty in Czech Republic

At the beginning of March of 2018 our firm was retained by a client, who wanted to start a foreign employment agency business. As of that moment the client already had a signed foreign economic contract with a Czech counterparty, as well as draft of employment contract. Thus, he wanted our lawyers to provide legal support of subsequent obtainment of license for employment agency in foreign countries.

First of all, we offered the Client analysis of the signed foreign economic contract with a Czech counterparty and the draft of employment contract submitted by the foreign company. According to the results of the analysis, there were only a few amendments to be made to the foreign economic contract; however, the draft of employment contract did not fully correspond to the law. Although the draft of employment contract is provided by a foreign company, it must comply with Ukrainian legislation, in particular, the Law of Ukraine "On Foreign Employment Migration". The fact caused sincere surprise from our Client, but our lawyers explained that the license is issued by Ukraine and the state must take care that its citizens work in proper conditions.

Therefore, we offered the Client to develop such a draft of employment contract for him, which would not raise questions by the Ukrainian public authorities and would comply with requirements of a foreign employer, since Ukrainian legislation does not put any rigid framework for an employer. Provision of proper work environment is stipulated in many international legal acts and in many countries of the world, including European ones, and it is implemented in national legislation. This explains rather simplified form of employment contracts, which is quite common in Europe. According to the legislation of Ukraine, all norms stipulated by the Law of Ukraine “On Foreign Employment Migration” have to be observed in the contract.

Before starting with the preparation of documents for signing, we also informed the Client that new Licensing Conditions for the intermediary services in employment abroad were adopted on February 17, 2018 and came into force on March 17, 2018. Therefore, by the time of documents signing by the Czech counterparty, the changes would most likely take effect and the package of submitted documents would already be considered by the licensing authority under new Licensing Conditions. Thus, our lawyers prepared the documents in compliance with the new Licensing Conditions. It was a right decision, since the documents from the Czech Republic came just a few days after the entry into force of the new Licensing Conditions.

Consequently, our Client became one of the first, who obtained a license under the new Licensing Conditions. The Client was very pleased. In turn, we were glad to meet the client’s expectations.