Posting/Secondment of Employees in Ukraine

Posting of employees
in Ukraine
Date of issuance 1st November 2016
Posting of employees in Ukraine / Legislation

Date of
issuance 1st
Nov. 2016
Applicable legislation
Minimum
legislation
requirements
Law 5067-VI dated 05.07.2012;

Cabinet of Ministers Resolution 437 dated 27 May 2013 - the questions of the
issuance, extension and revocation of a permit for the employment of foreigners
and stateless persons.
Minimum period of posting
Maximum period of posting
NO
NO
The Ukrainian law does not define the minimum period of posting.
The Ukrainian law does not define the maximum

period of posting. The work permit for the
foreigners is valid 1 year then annual update.
Posting of employees in Ukraine / Obligations

Date of
issuance 1st
Nov.2016
Obligations
Obligation of foreign employer to notify a local authority where

the employees are posted
Obligation to have a designated

liaison person for the delivery of
documents and decisions who is
present in the local country
Obligation to maintain
documentation in the
workplace in the local
country
Other special
obligations
Obligation to pay taxes in

the local country
NO
YES
YES
n/a
The employer will pay all the

contributions for the state
budget, in the country of
residence.
Ukrainian company must have a permit for the employment of foreigners! In order to get it,
It is recommended to have a contact
this company must give these documents to the State Employment Service of Ukraine:
person.
The application of the employer;

.
Explanation of the employer of necessity to use the labour of the foreigner;
2 colour photos 3,54,5;
The power of attorney on the person authorized by the employer to represent its
interests in the Centre of Employment;
The original of the certificate from State Tax Administration about absence of debts
of the enterprise, about payment of certain taxes and tax collections (issued in
regional department of Tax Administration);
The certificate confirming that the employer has no debts before the States
Employment Fund (issued in the regional Centre of Employment);
The paid receipt for services of the Employment Centre (4 minimum salaries);
The draught copy of the contract of the employer with the employee (the foreign
citizen);
The inquiry from the employer, confirming that a post of the foreigner does not
demand the admission to "classified information" or the Ukrainian citizenship;
The certificate of criminal record clearance of the foreigner in Ukraine;
The copy of the Charter of the enterprise certified by a notary;
The original of an extract from the General State Register from an enterprise
places of registration (the extract can be received in local department of State
Administration);
Copies of education documents of the foreigner, translated into the Ukrainian

language in a bureau of translations and notarially certified;
Copy of the passport of the foreigner (translation of 1st page of the passport into
the Ukrainian language, certified by a bureau of translations).
The employer is obliged

to maintain the employment
contract and all the
documents in related
with the labour contract,
decisions of posting,
posting contracts, the
evidence of working hours
and the salaries paid to the
employees.
Working conditions ("hard core conditions")*

Date of
issuance 1st
Nov.2016
Working
conditions
("hard core
conditions")*
Working time
Break at work
Continuous daily rest
Minimum wage
Vacation
Max.40 hours per week.
For all the employees are established max. 2 hours

for lunch break and rest, but this break is not
included in the working time. Usually the break must
be after 4 hours of working time.
For people who work in shifts. The

duration of the break in between shifts
should be at least double the length
of working time in the previous shift
(including a break for lunch).
UAN 1450 ( EUR 50).

From December 2016 the
minimum monthly
remuneration will amount
to UAN 1600) each
employee is entitled to
additional payments for
overtime hours.
Each employee is entitled to have 24 working days

of paid holiday per calendar year. Persons under
the age of eighteen can have 31 calendar days
of paid holidays. For some categories of employees
Ukrainian legislation may provide other duration of
the annual basic leave, but it can be less than
24 working days.
* Working conditions are regulated by the law of the country to which the employee is posted to work. Please note that there might be many exceptions depending on the type of work so we recommend to review every case individually.
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Posting of employees

Posting of employees in Ukraine / Legislation

Law 5067-VI dated 05.07.2012;

Minimum period of posting

Maximum period of posting

The Ukrainian law does not define the maximum

Posting of employees in Ukraine / Obligations

Obligation of foreign employer to notify a local authority where

Obligation to have a designated

Obligation to pay taxes in

The employer will pay all the

The application of the employer;

Explanation of the employer of necessity to use the labour of the foreigner;

2 colour photos 3,54,5;

The certificate of criminal record clearance of the foreigner in Ukraine;

The copy of the Charter of the enterprise certified by a notary;

Copies of education documents of the foreigner, translated into the Ukrainian

The employer is obliged

Working conditions ("hard core conditions")*

Continuous daily rest

Max.40 hours per week.

For all the employees are established max. 2 hours

For people who work in shifts. The

UAN 1450 ( EUR 50).

Each employee is entitled to have 24 working days

How may we help you?

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