Mediation in employment abroad: how to obtain a license?
For many activities in Ukraine it is necessary to obtain a license in advance. To find out whether a certain type of business is licensing, you should refer to Article 7 of the Law of Ukraine “On Licensing Types of Economic Activities.”
Mediation in finding a job abroad is just one of these activities.
The carrying out of such activities without obtaining a license entails liability in the form of a fine of twenty times the minimum wage established at the time of detection of a violation (74,460 UAH in 2018).
For example, if you want to be a mediator in employment in a Polish company – you need to prepare.
In addition to the Law, it is also necessary to carefully study the licensing conditions for the conduct of such activities. By the way, such conditions are approved for every single type of activity that needs a license. For mediation in employment, licensing conditions were approved by the Cabinet of Ministers from December 16, 2015, No. 1060.
Then you need to understand the procedure. It includes the preparation of the necessary documents, their submission to the licensing authority, obtaining a license and payment for its receipt.
Where do you need to go? The Ministry of Social Policy is the licensing body for mediation in employment abroad. Resolution of the Cabinet of 05.08.2015 № 609 contains a list of all licensing authority, and therefore problems with the definition the necessary authority does not arise. You can submit documents either personally or through an intermediary, by mail with a list of attachments or through the portal of electronic services. If you chose the latter method – it requires the imposition of an electronic digital signature, as well as a PDF-format for all documents.
What documents do I need to provide? The main document that must be submitted to the Ministry of Social Policy is an application for a license. Its form is approved by license terms.
In addition to the application, it is necessary to submit documents confirming the place of business, the presence of the office, some documents of the foreign counterparty and also a cooperation agreement.
The license applicant must have an office on the right of ownership or lease.
All documents can be divided into two groups. The first – documents from the license applicant – a business entity in Ukraine:
- a document on the ownership of the premises or the lease;
- a contract on cooperation with a foreign counterparty with an annex in the form of a draft employment contract, agreed with a foreign employer;
- information on the lack of control – in an arbitrary form signed by the head of the license applicant.
The second – from a foreign counterparty:
- A document on its registration in the country where the activity is carried out (similar to the extract from the Unified State Register of Legal Entities in Ukraine);
- A copy of the permit or a license for the employment of foreigners (in some countries it is not necessary, then you need to file a document on the types of activities that the employer is engaged in);
- A copy of the license or permit for mediation of employment in a foreign country (if the contract is concluded with the intermediary, and if the laws of the foreign state require such a license);
- A copy of the document confirming the relationship between the foreign intermediary and the foreign employer (in case of concluding a contract with the intermediary);
- A copy of the contract with the union (collective agreement) or a certificate stating that such an agreement was not concluded by the employer.
The documents are submitted according to the inventory, which is made in two copies.
It should be remembered that all “foreign” documents should be legalized in Ukraine. Copies of documents compiled in a foreign language must be translated. The quality of translation should be approached very responsibly. Translation and the translator’s signature must be notarized.
The type of activity – mediation in employment abroad – must be specified in the constituent documents (for the legal entity), and in the register of legal entities and individuals-entrepreneurs.
The foreign economic agreement must comply with the requirements of the law on foreign economic activity and the provision on the form of foreign economic contracts (contracts).
After this, the Ministry of Social Policy makes a decision within ten working days and publish it on its website. And only after publishing the decision to issue a license you need to pay a fee for it. So in case of refusal to issue a license, no fee is charged. Since the beginning of 2018 the fee is 1762 UAH.
This license is valid for an unlimited period.
However, in carrying out activities, the license conditions must be followed. For their violation, administrative liability is established in the form of a fine from one thousand to two thousand non-taxable minimum incomes of citizens (17000 – 34000 UAH) with confiscation of manufactured products, tools, raw materials and money obtained as a result of the commission of this administrative violation, or without it.
It is important to distinguish personnel requirements to complete the company by a lawyer or to conclude a legal service contract.
If you are interested in this type of business, but you do not know where to start – BK partners can provide high-quality assistance and full legal support in obtaining a license to carry out intermediary activities in employment abroad.