Government allowed employing foreigners simultaneously for several positions in Ukraine

Legal Alert January 18, 2017

Government allowed employing foreigners simultaneously for several positions in Ukraine

On 18 January 2017 the Government amended the Procedure of Issuance, Extension, and Revocation of Permit for the Employment of Foreigners and Stateless Persons approved by the Cabinet of Ministers of Ukraine as of 27.05.2013 (hereinafter – “the Procedure”).

The important innovation of the amended Procedure is possibility for foreigners to take several senior or managerial positions concurrently. Definitely, this innovation will have a positive impact on operation of Ukrainian companies owned by foreign investors because owners of such companies usually appoint qualified foreign managers on the key leading positions.

At the same time, the Government remained unchanged requirements for protection of the national labor market from non-qualified foreign employees, and therefore the work permit will continue to be issued only to qualified foreign employees and only in case of absence of unemployed citizens of Ukraine of the relevant qualifications.

Another innovation is the possibility to appeal against regional employment centers’ decisions on refusal of work permits issuance, extension, and revocation. However, the proper appeal procedure shall be further approved by the Ministry of Social Policy.

In addition, amendments to the Procedure also established the employer’s obligation to conclude an employment agreement (contract) with a foreigner not later than 90 calendar days from the start of the work permit. The deadline for employers to submit to the employment center the copies of employment agreement (contract) concluded with a foreigner is prolonged from 7 working days to 10 calendar days.

We believe that all innovations and amendments to the Procedure are aimed to create more flexible conditions to employ qualified foreign specialists in Ukraine and could substantially increase the competition in the labor market among the citizens of Ukraine.

NEWS OF ANTIKA LAW FIRM

Antika Law Firm announced promotion of counsel Sergii Korniienko and senior associate Maxim Korchagin to partners of the firm

Counsel Sergii Korniienko and senior associate Maxim Korchagin have been appointed partners of the firm as of January, 2017

Sergii Korniienko is a recognized expect in the field of corporate law, antitrust, subsoil use, real estate and construction. He has experience in consulting clients on issues related to Ukrainian law application for the purposes of conducting court and arbitration proceedings in foreign

jurisdictions. Professional experience of Sergii also includes work and management of legal departments in foreign companies for more than 15 years.

Maxim Korchagin has been working in Antika Law Firm from the moment of its establishment. Holds a Ph.D. in Law degree. He is specialized in the field of dispute resolution. Maxim has a significant experience in consulting on issues related to the content of Ukrainian legislation for courts of foreign jurisdictions as well as experience in protecting clients in the arbitration institutions.

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This Legal Alert is intended as a general overview of latest changes in legislation of Ukraine and does not constitute a legal advice.

For further information please contact Antika Law Firm:

12, Khreschatyk Str., 2nd floor,

Kyiv, 01001, Ukraine

tel./fax: +38 044 390 09 20/21

office@antikalaw.com.ua