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    1. Answer the following question:

    1. Is it possible to transfer an employee to another job or position without his or her consent?

    2. Can the employer dismiss the employee if he refuses to accept the new position in case of reorganization of a company?

    3. What is deadline for payment to a dismissed employee?

    4. What are the necessary actions of an employer regarding an employee in case of staff reduction?

    5. Could you name the persons who have preferential rights to continue their work in case of staff reduction?

Scanning reading

    1. Scan the text and find information about:

  • documents which are necessary for foreigners to receive a work permit

  • a process of getting a work permit by foreigners

  • persons who do not need a work permit to work legally in Ukraine

Permits for employment for foreigners

Ukrainian foreign nationals have the same employment and labor rights as Ukrainian citizens, unless otherwise provided by Ukrainian law or international agreements. However, Ukrainian law restricts employment in certain positions to Ukrainian citizens.

Foreign citizens immigrating to Ukraine to work for a definite period must receive an employment permit. An employment permit may be issued to a foreign national if there are no Ukrainian nationals in the region (or, in certain cases, in the entire country) capable of performing the work or there are sufficient grounds for using foreign labor.

A Work permit is made and issued by the State Centre of Employment at the Ministry of Ukraine for Labour, or under its instructions, by the corresponding Employment Centres of the Autonomic Republic of Crimea, regions, Kiev city and Sevastopol city.

To receive a permit, the employer submits to the corresponding Employment Centre the following documents:

  1. application (in free form);

  2. grounds for the necessity of employing foreigner(s) and the ability to establish for him(them) the necessary conditions;

  1. notarized copies of the Statute of the company and its Certificate of State Registration;

  2. list of foreigners with full name, sex, date of birth, passport number and job title;

  3. copy of the draft of the labour agreement between said employer and said foreign employee(s);

  4. act (Order, Protocol, Power of Attorney) authorizing a representative of the employer to represent its interests at the employment centre;

  5. copies of documents on education and qualification of said foreign employee(s);

  1. extract from the State Tax Authority confirming due payment by employer of taxes and duties;

  2. receipt confirming payment of fees for the application amounting to 10 non­taxable minimum salaries (170 UAH ).

Upon submission, the Centre considers the said documents and issues a decision whether to allow or refuse an issue of the work permit within 30 working days.

The permit is valid for the term mentioned therein but not usually for longer than a year. Upon expiry, the permit may be extended for a further one year. To receive such an extension, the employer resubmits the above mentioned documents not later than one month before the expiration of the period of validity of the work permit.

The work permit is cancelled if the labour agreement between employer and foreigner is terminated beforehand or where some incorrect or false information was submitted in order to receive the work permit or the foreigner is deemed to be undesirable for a stay in Ukraine.

The following categories of foreigners do not need a work permit to work legally in Ukraine:

  • persons being permanent residents and in possession of a special permit;

  • persons with refugee status;

  • persons working on projects connected with the exploration for and production of mineral resources under concession agreements;

  • persons working in Ukraine under international treaties (e.g. the Treaty between the governments of Ukraine and the USA for humanitarian and technical and economical assistance. Article 2 of tie Treaty gives to foreigners the status of administrative and technical personnel under the Vienna Convention on Diplomatic Relations, Article 47 of which exempts administrative and technical personnel of diplomatic and consulate institutions from any work permit requirement);

  • persons working in not-for-profit and charitable organisations;

  • representatives of foreign mass media;

  • executive directors of duly registered representative offices;

  • actors and actresses, as well as other "artistic employees" working in Ukraine under their specialty;

  • employees of foreign emergency relief services performing urgent works in Ukraine;

  • representatives of foreign sea (river) fleets;

  • service and technical staff of foreign airline companies.

Section F

Test

(Time limit: 45 minutes)

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