Declaration of Conformity for overseas recruitment activity

Previously, a license was required to employ citizens abroad. On October 14, 2023, a declarative principle was introduced at the legislative level to replace mandatory licensing for this activity. Additionally, a transition period was established: companies holding existing licenses were required to submit a new declaration by April 14, 2024, after which the old licenses ceased to be valid.

YOUR GOAL

• Employ the citizens of Ukraine in foreign companies,
• Employ seafarers on foreign vessels,
• You have to employ the citizens of Ukraine in foreign companies, but want to work legally,
• You are recruitment agency and you are looking for foreign partners for employment of Ukrainian citizens abroad,
• You are the foreign company and want to open a representative office (branch) in Ukraine for employment of Ukrainian citizens outside Ukraine.

In this case, you need to open a company with a Declaration of Conformity for mediation in employment for work abroad.

 OUR OFFER

We offer you a range of services for opening companies with a Declaration of Conformity for brokering in employment for work abroad with the assistance of qualified specialists of LC EUROVECTOR.:

• Registration of the company, representative office (branch) in Ukraine;
• Conclusion of lease contract;
• Support for the purchase of real estate transactions in Ukraine;
• A permit for the advertizing billboard, advertising design;
• Bringing the material and technical base of the customer in accordance with the law;
• Obtaining an international certificate (required for crewing companies);
• Search for counterparties abroad for the conclusion of the contract;
• Search for foreign employers; 
• Conducting negotiations on behalf of Customer with the employer; 
• The conclusion of international contracts with the employer on behalf of the Customer; 
• Obtaining from the employer a set of documents required to obtain a Declaration of Conformity for employment for work abroad; 
• Legalization or apostil of documents; 
• Translation of documents into Ukrainian, notarization of documents; 
• Transfer of documents and data to the Customer contact employers; 
• Submission of documents to the licensing authority; 
• Registration of the Declaration of Conformity;
• Accounting and legal services;
• Work permit and residence permit for foreigners living in Ukraine.

Including:

• Assistance in the preparation of the court petitions and direction them to the court. 
• Representing clients in courts, including cases of appeals against unlawful actions (inaction) of state authorities and their illegal decisions, full support in these cases until the final court decision. 

 MORE INFORMATION

Declaration of Conformity to Mediation in employment for work abroad - a permission document, allowing business entity to provide the following services:

• Provision of information and consulting services to the population about employment opportunities on vacant jobs in the foreign entity, information on the conditions of labor and amount of payment, etc .; 
• Promote the signature of the employment contract (contract of employment), according to the orders of a foreign employer with respect to available jobs (vacancies).

Many businessmen mistakenly believe that they do not need the Declaration of Conformity for intermediary activity at recruitment for work abroad, as they only provide advice regarding jobs. We would like to warn you that free advice on vacancies by a foreign employer with a subsequent trip to the employer or intermediary company is brokering employment. We will explain later what the risks for the work without a Registration of the Declaration of Conformity are.

Registering IE(PE), representative body,(branch) of a foreign company to mediation in employment of seafarers (crewing) on foreign vessels, mediation in employment at the construction companies, transportation, agricultural and other foreign companies consists of the following steps:

1 st stage.

Registration of the business entity:

• IE(PE) - (only residents of Ukraine), individual (private)entrepreneur,
• Ltd. - (for foreigners and citizens of Ukraine) - limited liability company,
• Branch of a foreign company in Ukraine.

2 nd stage.

Rent or purchase of office rooms.

3 rd stage.

Bringing material and technical base to conformity with legal norms.

4 th stage.

Search counterparties abroad to sign a contract.

• Searching for foreign companies (potential employers) is one of the most labor-intensive stages. 

Such companies need to pass certain requirements: 

• The employer or the intermediary has to be registered in the manner prescribed by law; 
• Have all required permits allowing the employment of foreigners (citizens of Ukraine), if the legislation of the country of the foreign company has established such a permit; 
• Have required permits, allowing to carry out mediation activities in employment of foreigners (citizens of Ukraine), if the legislation of the country of the foreign company has established such a permit (for intermediary companies, agencies); 
• Have a collective agreement between the foreign employer and the trade union or professional association, if such collective agreement is provided, and in its absence
• certified notification of employer that the agreement was not concluded.

If you do not have a business partner, this step may take a long time and slow down the work; the reason is that you do not have a experience. Practice shows employers do not show the desire to enter into a contract with the newcomers.

After a preliminary agreement on cooperation with the employer or agent you have to gather the documents required to obtain the Declaration of Conformity for employment abroad and to conclude an agreement. 
In practice it\s not always possible to get all the documents required by law because of the differences between conditions the Registration of Declarations of Conformity and the laws of the country of the employer. 

Legalization of documents of the employer. In practice, the average cost varies from 1,000 euros. As a rule, it depends on the number of documents, pages, and charges for consular and other agencies responsible for legalization, translation of documents. If it is a ship-owner, the amount increases many times, but in the near future there may be some changes in the legislation that would facilitate this process. 
Conclusion of an international contract. 
The contract is concluded in accordance with the Law of Ukraine "On Foreign Economic Activity" and other laws of Ukraine in accordance with international treaties of Ukraine. Of course, contracts should be drafted by experts!

5 th stage. 
Submission of documents to the licensing authority. 
On this stage all the required documents are gathered and submitted to the licensing authority. 
If you have done everything correctly, after submitting documents you get Registration of the Declaration of Conformity, and if the review board finds mistakes, you will have additional trouble and expense of sending and legalizing additional documents.

6 th stage.

Accounting and legal services:

• Accounting arrangements.
• Personnel records arrangements. 
• Occupational health and safety. 
• Preparation of internal documents of the enterprise. 

7 th stage.

Open Day.

8 th stage. 

• Obtaining work permits for foreigners and residence permits for foreigners living in Ukraine.

This step is necessary for foreigners who open a company in Ukraine and will work in it as part of the managers. For employees of foreign affiliates it's only required to get a residence permit.

 DOCUMENTS

DOCUMENTS PROVIDED BY CUSTOMER TO OPEN EMPLOYMENT AGENCY ABROAD:

LC – can be provided by  LC EUROVECTOR 

F – provides counterparty "foreign company"

C – provides "CUSTOMER"

ATTENTION! The final list of documents required for obtaining a Declaration of Conformity is made ​​by experts of the legal company after signing the contract.

 PRICE

OPENING OF THE EMPLOYMENT AGENCY ABROAD, TIME AND COST OF SERVICES.

Obtain a Registration of Declarations of Conformity for employment abroad.

 GUARANTEES

Law company EUROVECTOR has been providing sevices in the sphere of law for 8 years. Our clients satisfied with one service continue to cooperate with us on may others.

LAW COMPANY EUROVECTOR OFFERS SAFETY OF DEALINGS:

Performance of parties' obligences is guaranteed by fixation of all the agreements on paper. Conclusion of the contract in the company's office and payment of remuneration to company's account ensures maximum safety for both parties.

@  ADDRESS

LAW COMPANY EUROVECTOR