SWEDEN
In Sweden, the employment of foreigners is regulated by the provisions of the Law "On Foreigners". A work permit is granted by the Swedish Migration Agency. However, the final decision is made by the Public Employment Service together with the regional employment office. Such a decision is made taking into account the presence or absence of candidates for the profession requested by the employer in Sweden itself.
Preference in hiring is given to own citizens, immigrants already living in Sweden, as well as citizens of other Scandinavian countries and EU countries. A work permit is issued for a maximum of 4 years and is valid only for the profession for which the employment contract was signed.
If a decision on a work permit is made, the foreigner enjoys the same rights in the field of labor law as a Swedish citizen. Working conditions for workers in Sweden meet the highest world standards. Foreigners who have obtained a work permit in Sweden are provided with insurance and medical care on a par with Swedish citizens.
According to the Swedish Migration Agency, 207 Ukrainian citizens registered in Sweden have the status of migrant workers.
DENMARK
The issue of employment of foreigners in Denmark is regulated by the Law "On Foreigners". Special work permits are not required for citizens of EU countries and Norway. Citizens of other countries need to obtain a residence and work permit from the Directorate for Foreigners under the Ministry of Interior of Denmark.
Denmark does not officially recognize foreign educational diplomas (including higher education). For almost all specialists, including citizens of EU member states, it is almost impossible to get a job in their field in Denmark. This is primarily due to the requirement to know the Danish language.
Issues of social and legal protection of Ukrainian citizens in this country are regulated by legal acts of the Kingdom of Denmark.
According to the consular department of the Ukrainian diplomatic mission, as of the end of November last year, 47 Ukrainian citizens officially worked and were registered with the consulate in Denmark.
UNITED STATES OF AMERICA
The issue of employment in the USA is regulated by the Immigration and Nationality Act (1952). Foreign specialists are allowed to work in the USA on a temporary or permanent basis.
The right of foreign citizens to work in the USA is limited. To obtain a temporary work permit in the USA, a foreign worker must either have an American employer (in which case the foreigner is only allowed to work for that employer) or have a permit for a specific type of work.
Before entering the USA, most foreign citizens undergo two checks. Before issuing a visa to enter the United States, the consular officer at the embassy decides whether the purpose of entry corresponds to the purpose provided for the relevant visa category and whether the applicant meets all criteria for admission to the USA. Officially, a work visa is required for employment in the USA. Immediately upon arrival in the USA, at the border, all nonimmigrants are checked by an officer of the Immigration and Naturalization Service (INS) to confirm their qualification for entry, determine the appropriate nonimmigrant classification, and authorize the specified duration of stay in the USA. Foreign workers sponsored by American employers must have a pre-approved INS petition for a work visa.
In most cases, temporary foreign workers must prove that they intend to return to their home country after the end of the period specified by the immigration service. Employment can be carried out only after obtaining permission from the US Department of Labor, to which certain employer guarantees are attached.
Under US laws, if a foreigner has been in the country for 6 months and is caught for illegal employment, they are deported from the country without the right to enter for the next three years. If a foreigner has worked illegally for a year or more, they will be banned from entry for the next ten years.
Most citizens who come to work in America do not return home. They extend contracts and legalize their status in the USA.
The system of preferences in employment allows some foreigners to obtain permanent residence ("Green Card") in the USA on the basis of a "job offer in the USA". Currently, US immigration law provides 140,000 immigrant visas per year to foreigners who have an invitation to work in the USA.
Section 214 of the Immigration and Nationality Act of 1952 regulates the provision on the possibility of obtaining an H-1B professional visa, which provides the opportunity for employment in the USA. This visa category grants foreigners who have a bachelor's degree or equivalent degree or good theoretical and practical knowledge of the profession the temporary right to work.
Foreign citizens who work in the USA legally have a high level of social protection and normal working conditions. A significant number of Ukrainian citizens are in the USA illegally. In this regard, obtaining information about their working and living conditions is practically impossible.
According to the Consulate General of Ukraine in New York, about 1,000 Ukrainian citizens who have obtained work permits are in the USA. No complaints about working or living conditions from this category of citizens have been received by the Consulate General.
POLAND
According to the Law of the Republic of Poland "On Employment and Prevention of Unemployment" (extract from Appendix 1) and the Regulation of the Minister of Labor and Social Policy of August 17, 1993, a foreigner who intends to work legally in Poland must, upon submission of a corresponding application, obtain a work permit from the Voivodeship Labor Office, and on the basis of the work permit, he/she receives a visa with the right to work at the representations of the Republic of Poland abroad.
The main problems faced by Ukrainian citizens legally working in Poland are the lack of medical insurance, careless familiarization with contract terms, and wages 3-4 times lower than those of Polish citizens.
The issue of signing an agreement between the Ministry of Health of Ukraine and the relevant authority of the Republic of Poland remains unresolved.
BULGARIA
The legal status of foreign migrants, the procedure for their employment, the level of social protection, and working conditions in Bulgaria are regulated by the Law "On Foreign Citizens in the Republic of Bulgaria", the Law "On Protection against Unemployment and Promotion of Employment", and the Regulation "On the Procedure and Conditions for Granting Permission for Employment in Bulgaria to Foreign Citizens".
The hiring of a foreign citizen by an employer is carried out after obtaining a permit from the Ministry of Labor and Social Protection of Bulgaria exclusively under a relevant contract and for full-time work. First of all, although this is not provided for by the country's regulations, citizens of other countries are dismissed.
According to the Embassy of Ukraine in Bulgaria, currently 9 Ukrainian citizens are working with properly issued permits, 5 of whom are members of the management staff of trading companies. During 2000, the competent authorities of the Republic of Bulgaria deported 78 Ukrainian citizens who were temporarily staying in Bulgaria in search of work.
ROMANIA
The issue of employment in Romania is regulated by the Law "On Work Permit" (No. 203/1999) and the Decision of the Government of Romania "On Approval of Methodological Norms for Issuance and Cancellation of Work Permits" (No. 434/2000).
The employment permit is issued by the Ministry of Labor and Social Protection, on the basis of which a foreigner can be employed in Romania under an individual contract or otherwise in accordance with Romanian legislation. A work permit may be issued to foreigners who meet the statutory conditions for employment and who have an employment visa in their foreign passports. Such visas are issued by diplomatic missions or consular offices of Romania abroad on the basis of an agreement of the Romanian employer regarding the employment of the foreigner.
When issuing a work permit, the employer pays a tax of $200, and when extending the contract, an additional $100. The work permit is issued for a period of 6 months, with the possibility of renewal upon the request of the owner every subsequent 6 months. Within ten days from the date of issuance of the work permit, the employer undertakes to formalize the employment of the foreigner with an individual labor agreement, and the foreigner must register with the territorial labor inspectorate.
Currently, 20 Ukrainian citizens have employment permits in Romania and work in the trade sector.
HUNGARY
A foreign citizen who arrives in Hungary with the intention of being employed or registering his own company is obliged to obtain a work permit. The procedure for obtaining such a permit is defined by the Order of the Minister of Labor of the Republic of Hungary No. 7/1991 (X.17) of 1991.
A foreigner has the right to employment in Hungary only on the basis of a permit issued by the employment office – regional or capital – at the place of residence in Hungary. Permits are issued in the following cases:
– in the given region there is no qualified workforce among Hungarian citizens to perform similar types of work;
– the employment of a foreigner is motivated and beneficial for a specific enterprise, cooperative, or company;
– if the foreigner wishes to obtain permission to carry out such work activity that is not on the list of prohibited ones.
A permit may also be issued if:
– interstate or intergovernmental agreements define a quota for the employment of foreign citizens and the total number of permits does not exceed the quota;
– to the spouse or children of a foreign citizen who has been working in Hungary for at least 8 years, and they have been living with him in the country for at least 5 years;
– the petition for obtaining a permit for the employment of a foreigner is submitted by the employer who wishes to hire him. The petition specifies the exact details of the employer and the employee, defines the scope of his future activities, place of work and position, start and end dates of the contract, amount of basic salary, as well as a detailed justification for employment. Attached to the petition are: an officially certified translation of the document confirming the professional qualification of the employee; an officially certified translation of the medical certificate on the health status of the foreigner.
For the employment of a group of foreigners, the employer must submit a petition for a "group permit". In this permit, the Office determines (broken down by each individual specialty) the number of foreigners who can be employed to perform the work specified in the petition. A group permit is valid until the expiration of the contract concluded with the foreigners.
Control over compliance with the rules regulating the procedure for issuing employment permits in Hungary is carried out by the employment center. If an inspection establishes that the employer has hired a foreigner without the appropriate permit, the center imposes a fine on the employer in the amount of double the foreigner's salary.
An employer may establish an employment relationship only with a foreigner who has a work record book, an employment permit, and a work visa. After entering Hungary, the foreigner applies to the police department at the place of work to obtain a residence permit (a temporary permit is issued on the basis of the work permit and contract and, as a rule, does not exceed 1 year, but may be extended in accordance with the validity period of the permit and the employment contract).
As of November 1, 2000, over 300 Ukrainian citizens were temporarily registered at the Embassy of Ukraine in Hungary for the purpose of employment.
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