1. General provisions
1.1. The licensing conditions for conducting economic activity in mediation in employment abroad (hereinafter - the Licensing Conditions) are developed in accordance with the Laws of Ukraine "On Licensing Certain Types of Economic Activity", "On Employment of the Population", "On Foreign Economic Activity".
1.2. The Licensing Conditions establish a list of organizational and other special requirements mandatory for fulfillment when conducting economic activity in mediation in employment abroad.
1.3. In these Licensing Conditions, terms and definitions are used in the following meaning:
mediator - a business entity that, in accordance with the procedure established by law, has obtained a license for mediation in employment abroad;
mediation in employment abroad - the provision by business entities of job search services in accordance with employers' applications for vacant jobs (vacant positions) and the provision of informational and consulting services regarding employment opportunities, conditions and amounts of remuneration, names and locations of employers;
client - any person who contacts a mediator for the purpose of employment abroad;
working conditions - a set of factors of the production environment that affect the health and work capacity of the employee in the process of work, as well as the established duration of working time and rest time, provision of leaves, remuneration, as well as measures in the field of social security in accordance with the labor legislation of the country of employment;
processing of client's personal data - collection, storage, selection, dissemination by the mediator of information concerning the client's qualifications and professional experience, or any other information regarding his employment.
1.4. The type of economic activity - mediation in employment abroad - must be specified in the constituent documents of the business entity (for a legal entity).
1.5. The licensing authority for this type of economic activity is the Ministry of Labor and Social Policy of Ukraine (Ministry of Labor).
1.5.1. The Ministry of Labor issues, re-issues and annuls licenses, issues copies and duplicates of licenses, maintains licensing files and licensing registers.
1.5.2. To resolve issues of licensing mediation in employment abroad, the Ministry of Labor creates a commission, approves the Regulation on it and its composition. Meetings and decisions of the commission are documented in minutes.
1.6. A license for conducting mediation in employment abroad is the sole permissive document that gives a business entity the right to carry out this type of activity within the territory of Ukraine provided that it complies with the Licensing Conditions.
The term of validity of the license is three years.
2. Issuance, re-issuance and annulment of licenses; issuance of copies and duplicates of licenses
2.1. A business entity intending to conduct mediation in employment abroad shall apply in person or through an authorized body or person to the Ministry of Labor with an application of the established form for issuance of a license (Annex 1). The said application and the documents attached to it are accepted according to an inventory (Annex 2), a copy of which is issued to the applicant with a mark on the date of acceptance of documents by the Ministry of Labor and the signature of the responsible person.
2.1.1. Attached to the application for issuance of a license are a copy of the certificate of state registration of the business entity or a copy of the certificate of entry into the Unified State Register of Enterprises and Organizations of Ukraine, certified by a notary or the body that issued the original document, as well as documents, the list of which is approved by Resolution No. 756 of the Cabinet of Ministers of Ukraine dated 04.07.2001.
2.2. In case the applicant has branches or other separate subdivisions, their location shall be indicated in the application for issuance of the license. In case of creation of a new branch or another new separate subdivision, the mediator submits an application for issuance of a copy of the license (Annex 3), as well as the documents specified in sub-clause 2.1.1.
In these cases, the Ministry of Labor issues a certified copy of the license, which confirms the right of the branch or separate subdivision of the mediator to conduct mediation in employment abroad.
2.3. The mediator may not transfer the license or its copy to another legal entity or individual for conducting mediation in employment abroad.
2.4. In case of changes in the data specified in the documents attached to the application for issuance of the license, the mediator shall, within ten working days, submit a written notification to the Ministry of Labor together with documents or their notarized copies confirming the said changes.
2.4.1. In cases of grounds for re-issuance of the license due to a change in the name of the legal entity (if the change of name is not related to reorganization of the legal entity) or the surname, first name, patronymic of the individual - business entity; location of the legal entity or place of residence of the individual - business entity - the mediator shall, within ten working days, submit to the Ministry of Labor an application for re-issuance of the license (Annex 4) together with the license subject to re-issuance and the relevant documents or their notarized copies confirming the said changes. The term of validity of the re-issued license may not exceed the term of validity specified in the license that was re-issued.
2.4.2. In case of re-issuance of the license, a decision is made to invalidate the license that was re-issued, with corresponding changes made to the licensing register no later than the next working day.
2.4.3 An intermediary who has submitted an application and relevant documents for the re-issuance of a license may carry out its activities on the basis of a certificate of acceptance of the application for re-issuance of a license for mediation in employment abroad, issued by the Ministry of Labor.
A license not re-issued within the established period is invalid.
2.5. An intermediary who has submitted an application for the issuance of a duplicate license (annex 5) instead of a lost or damaged one and the relevant documents may carry out its activities on the basis of a certificate of submission of the application for the issuance of a duplicate license for mediation in employment abroad, issued by the Ministry of Labor.
3. Organizational requirements for carrying out mediation in employment abroad 3.1. The intermediary shall:
3.1.1. Carry out mediation in employment abroad provided that it has a license, conclusion of a foreign economic contract and compliance with these License Conditions, legislation and international treaties of Ukraine.
3.1.2. Register with the local employment center at its location as a payer of insurance contributions to the Mandatory State Social Insurance Fund for Unemployment in accordance with clause 2 of Article 35 of the Law of Ukraine "On Mandatory State Social Insurance for Unemployment".
3.1.3. Fill out registration cards of Ukrainian citizens in the standard form No. 1-EM and submit statistical reporting in form No. 1-TM to local bodies of the state employment service and in the procedure established by Order of the Ministry of Statistics of Ukraine of 31.01.96 No. 28 "On Approval of Forms of State Statistical Reporting on External Labor Migration for the Ministry of Labor of Ukraine", registered by the Ministry of Justice of Ukraine on 06.02.96 under No. 54/1079.
3.1.4. Keep a journal of unified accounting of clients who have been provided with mediation services in employment abroad (annex 6). This journal must be sewn, numbered and certified with the intermediary's seal.
4. Requirements for the office premises
4.1. When carrying out mediation in employment abroad, the intermediary must have office premises (an office) and a document confirming the ownership right of the business entity or its lease of the premises for carrying out mediation activities in employment abroad.
4.2. At the entrance to the intermediary's office premises (office) there must be a sign indicating: its name (logo), according to the intermediary's constituent documents (except for natural persons - business entities); information about its working hours.
4.3. In the intermediary's office premises where client reception is carried out, in a place accessible to the client, there must be regulatory legal acts and documents, namely: * a copy of the certificate of state registration; * a copy of the license for mediation in employment abroad; * information about the full name of the intermediary, its address, phone numbers, surname, first name and patronymic of the head (owner); * phone numbers of the local body of the state employment service of Ukraine, representative office of the State Committee of Ukraine on Regulatory Policy and Entrepreneurship; * these License Conditions; * an extract from the Law of Ukraine "On Protection of Consumer Rights" regarding the provision of services; * a book of comments and suggestions.
4.4. In case of planned closure of the office premises (repair, sanitary treatment, change of location, suspension of intermediary activities, etc.), the intermediary notifies clients about this no later than five days in advance and posts a corresponding notice at the entrance to the intermediary's office premises.
5. Requirements for concluding contracts by the intermediary when providing mediation services in employment abroad
5.1. Intermediaries organize the provision of mediation services in employment abroad on the basis of contracts (agreements) concluded in writing.
5.2. The foreign economic contract (agreement) with a foreign business entity (employer or intermediary) on mediation in employment abroad must comply with the requirements of Ukrainian legislation, in particular, the requirements of the Law of Ukraine "On Foreign Economic Activity".
5.2.1. Upon conclusion of the foreign economic contract, the intermediary must obtain from its foreign partner: * a copy of the permit for employment of Ukrainian citizens, issued to the employer by the authorized body of the country of employment, if the foreign economic contract is concluded with the employer (except for cases of mediation in the employment of seafarers on vessels of foreign owners); * a copy of the permit (license) for carrying out intermediary activities in the employment of Ukrainian citizens, issued by the authorized body of the country of employment to the intermediary, if the foreign economic contract is concluded with the intermediary; * a copy of the document (extract from the trade, banking or court register) confirming the fact of registration of the foreign business entity in the country of its location, if the foreign economic contract provides only for mediation in the employment of seafarers on vessels of foreign owners.
The said documents must be certified in accordance with the legislation of the country of their issuance and legalized at the consular institution of Ukraine (they may also be certified at the embassy of the respective state in Ukraine and legalized at the Ministry of Foreign Affairs, unless otherwise provided by international treaties to which Ukraine is a party). * a draft employment contract certified by the foreign employer. This draft employment contract must comply with the legislation of the country of employment and international treaties of Ukraine and contain the main requisites of the employer, professional requirements for the employee, information about the nature of work, working conditions, remuneration and living conditions in the territory of the country of employment, social protection (including insurance), term of the contract, conditions for its renewal and termination, procedure for covering transport costs, etc.
5.2.2. Documents drawn up in a foreign language must be translated into Ukrainian and notarized in accordance with the Instruction on the Procedure for Performing Notarial Acts by Notaries of Ukraine, approved by Order of the Ministry of Justice of Ukraine dated 14.06.94 No. 18/5 and registered with the Ministry of Justice of Ukraine on 07.07.94 under No. 152/361.
5.2.3. A foreign economic agreement (contract) on mediation in employment abroad does not give a business entity the right to provide mediation services in employment abroad without holding an appropriate license.
5.3. When providing client services for mediation in employment abroad, the intermediary is obliged to conclude a written contract with the client, which must contain the following information: * number, date, place of contract conclusion; * name of the intermediary, number and date of issue of the license for mediation in employment abroad, location of the intermediary; * information about the client (surname, first name and patronymic, place of residence, etc.); * definition of the subject of the contract: provision of services for finding work abroad; * place of signing the employment contract with the employer; * rights, obligations and liability of the parties; * conditions for amending, terminating and cancelling the contract; * procedure for resolving disputes; * definition of force majeure circumstances and actions of the parties upon their occurrence; * list of additional services that may be provided by the intermediary for a fee; * term of the contract; * requisites of the parties to the contract.
This contract is concluded in two copies: one is issued to the client, and the other remains with the intermediary.
6. Requirements for informational and advertising activities of the intermediary
6.1. The basis for placing in advertising announcements information about the intermediary, his capabilities in providing mediation services for employment abroad is the availability of a license for mediation in employment abroad.
6. 2. The intermediary indicates in advertising its full name, address specified in the license, phone numbers, series, number and date of license issuance and the licensing authority - the Ministry of Labor.
6. 3. Advertising announcements of the intermediary in mass media must comply with the requirements of the Law of Ukraine "On Advertising". The intermediary is liable for unfair advertising, including information about non-existing jobs, in accordance with the procedure established by applicable legislation.
7. Special requirements for conducting mediation in employment abroad
7.1. When conducting mediation in employment abroad, the intermediary is obliged to fulfill the following special requirements:
7.1.1. Before concluding a contract with the client, provide him with information in written form (certified by this intermediary) about the nature of the future work, general working and living conditions in the country of employment.
7.1.2. Maintain confidentiality of information related to the provision of mediation services for employment abroad, in accordance with the legislation of Ukraine.
7.1.3. Provide citizens with reliable information regarding the nature of work, working and living conditions in the territory of the country of employment.
7.1.4. Not discriminate against clients on the basis of age, sex, origin, religious and political beliefs, nationality, place of residence and other characteristics.
7.1.5. Not to collect any types of advance payments for mediation services in employment abroad until the client finally concludes an employment contract with a foreign employer.
7.1.6. Not to sell to clients addresses of foreign employers, intermediary firms, state employment agencies of other countries, published in mass media (in particular, on the Internet).
7.1.7. Not to offer mediation in employment of citizens abroad for types of activities that are prohibited or the engagement in which entails liability in accordance with the current legislation of Ukraine or international norms.
Approved by the order of the State Committee of Ukraine on Regulatory Policy and Entrepreneurship, the Ministry of Labor and Social Policy of Ukraine dated 19.12.2001 No. 155/534. Registered with the Ministry of Justice of Ukraine on January 10, 2002 under No. 17/6305.