According to expert estimates, currently 3-3.5 million Ukrainian citizens work abroad. 2-3% of the total number of labor migrants find employment through business entities licensed to mediate employment abroad. As of today, there are 625 licensees in Ukraine.
Pursuant to the Law of Ukraine "On Licensing of Certain Types of Economic Activities," economic activities involving mediation in employment abroad are subject to state licensing. By Resolution of the Cabinet of Ministers of Ukraine No. 1698 of November 14, 2000, "On Approval of the List of Licensing Authorities," the Ministry of Labor and Social Policy was designated as the licensing authority for mediation in employment abroad.
Activities involving mediation in employment abroad are regulated by the following regulatory acts:
- Law of Ukraine "On Licensing of Certain Types of Economic Activities";
- Law of Ukraine "On Foreign Economic Activity";
- Resolution of the Cabinet of Ministers of Ukraine No. 756 of July 4, 2001, "On Approval of the List of Documents Attached to the Application for a License for a Separate Type of Economic Activity";
- Order of the State Committee for Regulatory Policy and Entrepreneurship and the Ministry of Labor No. 155/534 of December 19, 2001, "On Approval of Licensing Conditions for Conducting Economic Activities Involving Mediation in Employment Abroad";
- Order of the State Committee for Regulatory Policy and Entrepreneurship and the Ministry of Labor No. 78/141 of June 24, 2004, "On Approval of the Procedure for Monitoring Compliance with Licensing Conditions for Conducting Economic Activities Involving Mediation in Employment Abroad."
In order to ensure effective and transparent conduct of activities involving mediation in employment abroad, a business entity intending to engage in this type of activity must first familiarize itself with the Order of the State Committee for Regulatory Policy and Entrepreneurship and the Ministry of Labor No. 155/534 of December 19, 2001, "On Approval of Licensing Conditions for Conducting Economic Activities Involving Mediation in Employment Abroad" (hereinafter referred to as the licensing conditions). The licensing conditions establish a list of organizational and other special requirements mandatory for conducting economic activities involving mediation in employment abroad. The licensing conditions, in particular, provide for the following documents:
- application for a license (Appendix 1 to the licensing conditions);
- list of documents attached to the application for a license to conduct mediation in employment abroad (Appendix 2 to the licensing conditions);
- application for a copy of the license (Appendix 3 to the licensing conditions);
- application for re-issuance of the license (Appendix 4 to the licensing conditions);
- application for a duplicate license (Appendix 5 to the licensing conditions);
- register of unified client records for clients provided with mediation services in employment abroad (Appendix 6 to the licensing conditions).
The list of documents required to start activities involving mediation in employment abroad is provided in paragraph 54 of Resolution of the Cabinet of Ministers of Ukraine No. 756 of July 4, 2001, "On Approval of the List of Documents Attached to the Application for a License for a Separate Type of Economic Activity." These are the following documents:
- a certified copy of the education document (for an individual);
- a certified extract from the founding documents indicating the type of economic activity - mediation in employment abroad (for a legal entity);
- a certified copy of the document confirming the business entity's ownership or lease of premises for conducting activities involving mediation in employment abroad;
- 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)*;
- a copy of the permit (license) for conducting intermediary activities in 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 registration of the foreign business entity in the country of its location (if the foreign economic contract provides only for mediation in employment of seafarers on vessels of foreign owners)*.
* these documents must be certified in accordance with the legislation of the country of issuance and legalized at the consular office 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).
Pursuant to Article 10 of the Law of Ukraine "On Licensing of Certain Types of Economic Activities," a business entity intending to conduct activities in mediation in employment abroad shall apply in person or through an authorized body or person to the licensing authority with an application of the established form for a license. The documents provided for in paragraph 54 of Resolution of the Cabinet of Ministers of Ukraine No. 756 of July 4, 2001, "On Approval of the List of Documents Attached to the Application for a License for a Separate Type of Economic Activity," are attached to the application for a license.
Pursuant to Article 11 of the Law "On Licensing of Certain Types of Economic Activities," the Ministry of Labor decides to issue or refuse to issue the license.
According to Article 14 of the Law of Ukraine 'On Licensing of Certain Types of Economic Activities', for each branch, each separate subdivision of the licensee that will conduct economic activities on the basis of the license obtained by it, the licensing authority issues to the licensee certified copies of the license, which are registered in the logbook of applications and issued licenses. A copy of the license certified by the licensing authority is a document confirming the right of a branch or other structural subdivision of the licensee to carry out activities of mediation in employment abroad on the basis of the obtained license.
According to Article 16 of the Law of Ukraine 'On Licensing of Certain Types of Economic Activities', the grounds for reissuance are:
- change of name of a legal entity (if the change of name is not related to reorganization of the legal entity) or surname, first name, patronymic for a natural person – business entity;
- change of location of a legal entity or place of residence of a natural person – business entity.
In case grounds for reissuance of the license arise, the licensee is obliged within 10 working days to submit to the licensing authority an application for reissuance of the license together with the license to be reissued and relevant documents or their notarized copies confirming the said changes.
According to Articles 14, 15, 16 of the Law of Ukraine 'On Licensing of Certain Types of Economic Activity of Certain Types of Economic Activities', paragraphs 1, 5 of Resolution of the Cabinet of Ministers of Ukraine No. 1755 dated November 29, 2000 'On the Validity Period of a License for Carrying Out Certain Types of Economic Activities, Amounts and Procedure for Crediting the Fee for Its Issuance' (as amended on October 15, 2004), the fee for issuing a license is charged in the amount of 20 non-taxable minimum incomes of citizens; the fee for issuing a copy of a license is charged in the amount of 1 non-taxable minimum income of citizens; the fee for reissuance of a license is charged in the amount of 5 non-taxable minimum incomes of citizens, if the licensing authority is a central executive body and is credited to the State Budget of Ukraine. The validity period of the license is five years.
Receipt of documents and consultations on obtaining a license for mediation in employment abroad are held every Thursday from 9:00 to 18:00 in the premises of the Ministry of Labor and Social Policy of Ukraine at the address: Kyiv, Esplanadna Street, 8/10 (room 1820). Contact tel.: (044) 289-50-97.
For questions regarding the legitimacy of the activities of business entities offering services of mediation in employment abroad, consultations are held from Monday to Thursday from 17:00 to 18:00, on Friday from 16:00 to 16:45 (weekends Saturday and Sunday) by tel.: (044) 289-50-97, 289-87-83.
Information on business entities that have obtained a license for mediation in employment abroad is posted on the Internet on the official website of the Ministry of Labor (www.mlsp.gov.ua), which is constantly updated.