On July 17, 2024, a new draft law No.11405, “On Amendments to Some Legislative Acts of Ukraine Regarding the Improvement of the Foreigners’ Employment Procedure in Ukraine,” was submitted to the Parliament.
The draft, according to its authors, is aimed at creating a legal basis for increasing Ukraine’s attractiveness for foreign workers, which the economy needs. Also, it harmonizes Ukrainian legislation in accordance with the requirements of the EU Directive 2003/109/EC concerning the status of third-country nationals who are long-term residents, Directive 2011/98/EU on a single application procedure for a single permit for third-country nationals to reside and work and Directive 2016/8012 on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing (recast).
The draft law introduces changes to several legislative acts, namely the Laws of Ukraine “On employment of the population,” “On the legal status of foreigners and stateless persons”, and “On immigration.”
Major changes proposed by the draft include:
1. The state employment service will be responsible for making a list of shortage professions (occupations) that have not been filled by Ukrainian citizens for one or more years and can be filled by foreign workers.
2. A work permit will no longer be needed for:
• EU citizens
• foreigners and stateless persons who were issued with a certificate of application for protection in Ukraine for the period of validity of such certificate
• foreigners and stateless persons who arrived in Ukraine for the purpose of studying in institutions of higher education and are employed within 9 months after graduation
3. Increasing the period from 90 to 180 days, during which a foreigner must arrive in Ukraine and sign a labor contract.
4. Exempting migrants from suffering consequences of job loss due to the fault of the employer. For example:
• An employer will be obligated to inform the employment center in case of annulment of the labor contract with a foreigner only if it is the foreigner’s fault, thus preserving the work permit in other cases.
• Foreigners’ permits will also not be canceled if the employer fails to submit the agreement to the employment service or pay social security.
• Moreover, in case the employer is no longer permitted to employ foreigners, the migrant’s residence permit will be in force for 6 months giving the ability to seek other employment.
Additionally, the draft aims at:
• Creation of conditions for encouraging foreign graduates of Ukrainian higher education institutions to seek employment in Ukraine.
• Replacing the present quota mechanism for labor immigration with a priority order according to the list of shortage professions (occupations) that have not been filled for one or more years and may be filled by foreign workers.
The Parliament is now processing the draft law; if it is adopted, more detailed analyses may be provided.
