Just as there are rules on how the work permit in Ukraine is issued, there are rules regulating the cancellation or revoking of the work permit in Ukraine.
There are two main paths on how the work permit in Ukraine is revoked:
a – based on the employer’s request and
b – based on employment office decision.
The Ukrainian employer is obliged to apply to the employment office for the revocation of the work permit in the following circumstances:
1) The employment contract (contract) with a foreigner or stateless person has been terminated. Suppose the expat left the company and is not working anymore (it can be due to various internal company reasons). In that case, the employer shall return the work permit to a government office and abolish it. The company shall submit the application (to nullify the work permit) within 10 days from the date when the employee left the company.
2) If the contract based on which the employee was sent to Ukraine to work by the foreign company has been terminated or cancelled. Under Ukrainian legislation, Ukrainian employers can hire personnel from an overseas company. This is processed based on the contract for an outstuffing of the personnel or other similar contract. However, a work permit is required to use such foreign labour. So, suppose the agreement with an overseas company is terminated or the employee leaves the Ukrainian company. In that case, informing the employment service about it and cancelling the work permit is necessary.
3) If the foreign employee has been recognized (based on the decision of the Ukrainian migration authority) as a refugee or obtained the status of a person in need of additional protection. Foreigners who have the official status of a refugee or have a status or an individual in need of extra protection can be hired without needing a work permit. Also, if a foreign employee acquires permanent residence in Ukraine, the employer can revoke the work permit while maintaining the employment. This is consistent with Ukrainian law, which generally states that foreigners with permanent residence status do not require a work permit
The Ukrainian Employment Service will revoke the work permit in the following cases.
1) If the employer hasn’t submitted the concluded original employment contract with the foreigner, the law requires that within 90 days of the work permit being issued, the employer conclude with the foreign employee and submit to the government the original employment contract.
2) If the migration authority issued the decision to process the forced return or forced expulsion of a foreigner or stateless person for breaching the migration legislation.
3) If employment services have discovered that the employee’s job and work conditions significantly differ from those mentioned in the application when the work permit was issued. For example, if the job position, salary, and/or actual employee’s role were different from the information related to the employment office by the company.
4) If the foreign employee is found guilty of a crime in Ukrainian court (there are no specialized local criminal courts in Ukraine) proceedings and that court’s decision has officially taken effect. Importantly, administrative offences (like most traffic violations or breaches of stay terms in Ukraine) are not considered crimes and, therefore, will not lead to Ukrainian permit revocation.
5) Based on a request from the National Police of Ukraine, the Security Service of Ukraine, or any other state body authorized to uphold laws concerning the legal status of foreigners and stateless persons. The head of that body must sign this request, and it is typically issued if the foreigner’s actions:
- Violate legislation on the legal status of foreigners and stateless persons.
- Contradict Ukraine’s national security interests or public order.
- Are deemed necessary for protecting public health or the rights and legitimate interests of Ukrainian citizens.
6) If the employer doesn’t pay social security tax on the employee’s salary for two or more consecutive months, this is another reason to cancel the work permit. We always inform our clients about this requirement during company registration in Ukraine. Honestly, this is the most popular reason to revoke a work permit.
7) If a foreigner who is a student has been expelled from a Ukrainian higher educational institution. The fact is that Ukrainian companies have the right to employ foreigners studying at Ukrainian universities only after obtaining a work permit. However, there is no state fee for obtaining a work permit for such a foreigner. Accordingly, the employment service cancels the work permit after such a student is expelled from the university.
If you have a work permit issued in your name under Ukrainian legislation, or if you own a company in Ukraine that has a work permit issued in the name of your foreign personnel, we believe the information in this article will be helpful.
