Empleo de extranjeros en Ucrania: qué riesgos y responsabilidades prevé la ley

El mercado laboral ucraniano está atrayendo cada vez más a extranjeros, pero las violaciones de los procedimientos establecidos pueden resultar en sanciones significativas. Discutimos las responsabilidades de los empleadores y empleados, la revocación de permisos y nuevas iniciativas legislativas. Descubre qué debes considerar para evitar problemas

Asesoría legal sobre cuestiones de entrada y estancia en Ucrania para ciudadanos extranjeros

OBTENER

Ukraine continues to actively attract foreign specialists to its labor market, but at the same time, the number of labor law violations is growing. The most common ones are working without a permit, fictitious employment, and non-compliance with the actual conditions of the work permit. Such actions have serious legal consequences for both the foreigner and the employer.

Correct and lawful registration of employment relations is a prerequisite for the legal stay and work of a foreigner in Ukraine. Failure to comply with the requirements may result in fines, cancellation of a temporary residence permit, deportation, or even a ban on entering the country.

Foreigners' liability for violating the rules of stay and work

Foreigners who work without a permit or violate the conditions of their stay are administratively liable under Article 203 of the Code of Administrative Offenses — “Violation by foreigners and stateless persons of the rules of stay in Ukraine.”

Sanctions include:

- a fine of 1,700 to 5,100 UAH;

- expulsion from Ukraine by court decision.

In addition, if a foreigner has obtained a temporary residence permit through fictitious employment (i.e., does not actually perform work), the State Migration Service may revoke the permit on the basis of Article 38 of the Law “On the Legal Status of Foreigners” — for submitting false information or forged documents.

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Employer liability: high fines and personal sanctions

The employer also bears a significant amount of liability in the event of a violation of labor legislation regarding foreigners.

1. Working without a permit

If a foreigner works without a work permit, the legal entity or individual entrepreneur shall pay a fine in the amount of:

20 minimum wages for each person at the time the violation is detected.

2. Violation of the terms of the issued permit

A fine of:

10 minimum wages for each person if a foreigner works under conditions other than those specified in the permit or for an employer other than the one who received the permit.

3. Personal liability of officials

In addition to financial sanctions for legal entities, the law also provides for administrative liability of officials who have committed violations in the registration of foreigners.

Together, these rules form a dual mechanism of liability:

- economic penalties for the company;

- personal sanctions for responsible persons.

Possible changes in legislation: criminal liability for illegal migration

The Verkhovna Rada has registered draft law No. 14186, which proposes to supplement the Criminal Code with Article 332³ — “Organization of illegal migration.”

The document provides for criminal liability for persons who facilitate:

- illegal border crossing by foreigners;

- staying in Ukraine without legal grounds.

The explanatory note states that the purpose of the bill is to strengthen the fight against illegal migration and increase national security.

Ukrainian legislation provides for strict and dual mechanisms for controlling the employment of foreigners. Lack of permission, non-compliance with conditions, or fictitious employment have serious consequences for all parties. Therefore, it is important for both employers and foreign workers to carefully follow the registration procedure and monitor changes in legislation.

Foreign citizens from any part of the world can get assistance on entry/stay/employment in Ukraine on the Visit Ukraine portal. Our lawyers are ready to provide comprehensive legal support, which will include not only consultations and answers to questions, but also assistance in collecting, submitting and receiving the documents you need.

We remind you! The issue of employment in Ukraine is quite common among foreigners, but finding a job is not the only part of the path you need to go through to stay in the country legally. Read what is required to obtain a residence permit on the basis of employment in Ukraine and how to obtain it in our previous article.

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