All necessary knowledge for licensees in mediation of employment abroad
Mediation in employment abroad is regulated by the Law of Ukraine "On Licensing of Types of Economic Activity" and Licensing conditions "Conducting economic activities in mediation of employment abroad." It would seem that there are few regulations to study and just a couple of hours would be enough to read and understand them.
In fact, although these are the two main regulatory acts, there are also about ten other laws that directly regulate this area. For example, the Law of Ukraine "On Employment of the Population," the Law of Ukraine "On External Labor Migration," and even the Law of Ukraine "On Defense of Ukraine."
Separately, it is worth noting the procedure for working with foreign economic contracts and the tax nuances that arise from this. It is not directly written anywhere, in any law, but a licensee who is a private entrepreneur on the second group of the single tax does not have the right to work under foreign economic contracts. This is the main problem for business and the main work for lawyers – to find gaps and conflicts in the laws, and not just to find an answer to a question, but also to pose that question themselves.
Licensing conditions in the field of employment abroad can answer all questions, but not about the activity itself, only about the procedure for obtaining the coveted document and the procedure for complying with licensing requirements. An express analysis of the requirements for fulfilling licensing conditions will help take the first steps towards bringing your business into compliance with the laws of Ukraine.
Be that as it may, any business activity concerns the areas of contract law, intellectual property law, tax legislation, and labor legislation. Working with clients who are individuals, you need to be ready to respond to all their requirements in accordance with regulations in the field of consumer protection.
Obtaining licenses and conducting legal audits of licensees, we can note that with careful attention to the document management system and following all methodological instructions from the servicing legal company (which is mandatory under licensing conditions), you can be confident in the safety of your business and not fear inspections.
Recommendations for heads of companies that have obtained licenses for employment abroad: Familiarize yourself with the licensing conditions independently.
Conclude a subscription service agreement with a legal company professional in this field.
Obtain from them a list of methodological recommendations.
Independently check and monitor their implementation.
Undergo a legal audit if you understand there are increased risks and problems in document management.
As a result, having a reliable partner for organizing document management, you can fearlessly move forward and scale your business, open new branches, and organize a franchise network of companies.
Prepared by lawyers of OGP.UA
PR