Annex G. Practical aspects of doing business in Ukraine

G4. Employment of Foreigners in Ukraine 

Foreigners may be officially employed in Ukraine subject to the national legislation.

In accordance with the Law of Ukraine “On Employment of the Population” ("the Law”), employers are entitled to employ foreign nationals and stateless persons in Ukraine on the basis of a permit issued by an employment centre.

It is permissible to employ foreigners and stateless persons in a variety of roles with one or more (two or more) employers, provided that the requisite permit has been obtained for each position.

Foreign professionals may be employed in part-time positions without a work permit if the term of the employment contract for the part-time position does not exceed the term of the work permit for the main place of employment.

A foreign employee may assume the duties of a temporarily absent employee in addition to those outlined in their permit, provided that the combined workload does not exceed 60 calendar days in a single year.

No permit is required for employment of:

• Foreigners who are permanent residents of Ukraine.
• Foreigners who have been granted refugee status in accordance with Ukrainian legislation or have obtained a permit to immigrate to Ukraine.
• Foreigners recognized as persons in need of additional protection or granted temporary protection in Ukraine.
• Representatives of foreign marine (river) fleet and airlines that serve such companies in Ukraine.
• Employees of foreign mass media accredited to work in Ukraine.
• Athletes who have acquired professional status, artists, and art workers to work in Ukraine in their specialty.
• Employees of emergency services to perform urgent work.
• Employees of foreign representative offices registered in Ukraine as established by law.
• Clergymen being foreign nationals temporarily residing in Ukraine at the invitation of religious organizations to perform canonical activities exclusively within the confines of such organizations, with the official approval of the body that registered the charter (regulations) of the relevant religious organization.
• Foreign nationals who have arrived in Ukraine to participate in the implementation of international technical assistance projects.
• Foreign nationals who have arrived in Ukraine to conduct teaching and/or research activities in professional higher education institutions at their invitation.
• Other foreigners in cases stipulated by the laws and international treaties of Ukraine, ratified by the Verkhovna Rada of Ukraine.

A document confirming the right of a foreigner or stateless person to permanent residence in Ukraine is a permanent residence permit. A document confirming the granting of refugee status is a refugee certificate.

Furthermore, the employer is required to obtain a permit for the following categories of individuals, unless otherwise provided for in international treaties of Ukraine that have been ratified by the Verkhovna Rada of Ukraine:

• Seconded foreign employees;
• Internal corporate assignees;
• Foreigners and stateless persons in respect of whom a decision has been made to process documents to resolve the issue of recognition as a refugee or a person requiring complementary protection.

The following categories of foreign nationals and stateless persons are eligible to apply for employment in Ukraine:

• Foreign highly paid professionals;
• Founders and/or participants and/or beneficiaries (controllers) of a legal entity established in Ukraine;
• Graduates of universities included in the top hundred in the world university rankings, according to the list determined by the Cabinet of Ministers of Ukraine;
• Foreign creative workers;
• Foreign IT professionals.

In order to obtain the permit, the employer is required to file with the employment center at the location of an entity or institution the list of documents specified in Article 42 of the Law.