SLOVENIA
The legislative framework and administrative rules of Slovenia regarding the employment of foreigners do not fundamentally differ from those of Hungary. The status of foreigners and labor migrants in the Republic of Slovenia is determined by the following legal acts: the Law on Regulation of Labor Relations, the Law on Employment of Foreigners, the Law on Worker Participation in Management, and the Law on Foreigners.
According to the Law on Employment of Foreigners, the main working conditions are stipulated in individual contracts between the employer and the worker. The new Law on Foreigners, which came into force in July 1999, established quantitative quotas for citizens of certain countries. For Ukrainian workers, such quotas are not provided due to the relatively small number of actual employment cases.
According to current legislation, the main conditions for employing a foreigner in Slovenia are the possibility of employment within the defined quotas and confirmation that no Slovenian worker claims the specific position. After the relevant regional structures of the Ministry of Labor, Family and Social Affairs (employment agencies in the Republic of Slovenia) are informed of such conditions, they issue the employer a permit to hire a foreigner or a group of foreign workers in the company, valid for one year.
Entry into Slovenia for the purpose of performing taxable activities is based on a work visa, which is issued only at a Slovenian diplomatic mission (visa issuance at the border has been prohibited since September 1, 1999) and subject to the availability of the original invitation from the relevant company and an employment permit. Ukrainian citizens can obtain a work visa at the Embassy of Slovenia in Hungary (also accredited in Ukraine).
Currently, Ukrainian citizens in Slovenia are mostly employed in construction and in the entertainment business. A small number work in cultural institutions (theaters in Ljubljana and Maribor) and sports clubs. As of November 1, 2000, over 60 Ukrainian citizens were registered temporarily at the Embassy of Ukraine in Hungary for employment purposes.
CZECH REPUBLIC
Despite the intergovernmental Ukrainian-Czech agreement "On Mutual Employment of Citizens of Ukraine and the Czech Republic" signed in 1996, which set a quota of 30,000 Ukrainian citizens for 2000 who could officially obtain work permits in the Czech Republic, during the first half of the year there continued to be a massive uncontrolled influx of Ukrainian citizens who, taking advantage of the visa-free entry regime to the Czech Republic, were illegally employed by Czech employers.
According to state statistics of Ukraine, during 11 months of 2000, about 4,500 work permits were issued to Ukrainian citizens; according to the Ministry of Labor and Social Affairs of the Czech Republic, over 16,000. Estimates of illegal employment range around 100,000 people.
The introduction of a visa regime between Ukraine and the Czech Republic in June of last year also has positive consequences – it opened up the prospect of regulating the labor migration process and thus increasing the social protection of Ukrainian citizens. The labor legislation of the Czech Republic provides for compulsory health and social insurance for workers, including foreigners.
To improve the implementation of the agreement on mutual employment of citizens of Ukraine and the Czech Republic, the embassy, together with specialists from the Ministry of Labor of Ukraine, developed several options for amending the existing principles of organizational and technical support of this agreement. In particular, the real situation regarding obtaining official work permits in the Czech Republic, the distribution of functions of the employer, worker, and intermediary in employment during document processing, etc., was studied.
LATVIA
The employment of foreigners, the level of social protection of migrant workers, health insurance, and other issues are regulated by the Law on Acquisition of Citizenship of the Republic of Latvia by Foreign Citizens and Stateless Persons, the procedure for registration and registration of foreigners with the internal affairs bodies of Latvia, and two annexes to it.
Permits for employment of foreigners in Latvia are issued by the Ministry of Welfare of Latvia based on applications from relevant firms and companies that hire foreigners. Only after obtaining a permit from the migration authorities of Latvia is the issue of granting permission for the diplomatic mission of Latvia abroad to issue a corresponding visa with the right to work resolved.
According to information from the migration authorities of Latvia, 167 Ukrainian citizens received work permits – one citizen is engaged in entrepreneurial activity, 11 citizens are students, and 12 people work as firm managers, leading specialists, and consultants of accredited foreign companies. The latter category of citizens receives work permits free of charge.
It has been established that most Ukrainian citizens work at branches of a shipbuilding plant in Riga. They have been provided with appropriate working conditions, and the average salary is 465 lats (equivalent to $750). Some Ukrainian citizens have contracts with Latvian football clubs, particularly in Riga and Ventspils.
LITHUANIA
The employment procedure is regulated by the Law of the Republic of Lithuania "On the Legal Status of Foreigners" (1998) with amendments and supplements, which governs the procedure for employing foreigners in Lithuania and determines their working conditions. A work permit in Lithuania is issued to foreigners by the Ministry of Social Security and Labor of Lithuania in accordance with the annual quota for the employment of foreigners established by the government of that country and the needs of the domestic labor market.
The rights and interests, social guarantees of labor migrants (including from Ukraine) are ensured in strict accordance with the legislation of the country. Responsibility for compliance with such rights is vested in the Ministry of Social Security and Labor of the Republic of Lithuania and the State Social Insurance Fund (SODRA). Payment of taxes by the employee to this fund is mandatory.
According to the data of the Lithuanian Republican Labor Exchange, as of November 2000, 278 citizens of Ukraine work in Lithuania. The main contingent consists of ship repair specialists working in the ports of Klaipėda. Working conditions meet necessary requirements. According to the Ukrainian embassy, no complaints or applications from Ukrainian migrant workers regarding violations of their rights and interests have been received.
AZERBAIJAN
Employment issues are regulated by the laws of Azerbaijan "On Immigration", "On Entrepreneurial Activity", "On the Legal Status of Foreign Citizens and Stateless Persons", the labor code and the Constitution of this country, as well as the resolution "On Approval of the Rules for Issuing a Special Permit (License) for Attracting Foreign Labor and Its Use".
There are 110 citizens of Ukraine registered at the consular office of the Ukrainian embassy. 37 persons are employed and have a guaranteed salary. About 40 Ukrainian citizens have temporary work in Azerbaijan, are studying, etc.
BELARUS
The procedure for employment of foreigners is established by the law "On External Labor Migration" (1998). At the end of 1998, the Ministry of Labor approved the regulation "On the Procedure for Granting Special Permits (Licenses) to Business Entities for Attracting Foreign Labor to the Republic of Belarus and for Carrying Out Activities Related to the Employment of Citizens of the Republic of Belarus Abroad". Annually, the Council of Ministers of the Republic of Belarus, taking into account the situation on the domestic labor market, sets quotas for attracting labor from other countries. For Ukraine, this quota ranges around 10,000 people.
The law ensures the principle of equality of rights of foreign workers with citizens of Belarus. They are entitled to benefits and compensations established for citizens of the Republic of Belarus. Legislation also regulates the payment of taxes, import and export of personal property, earned funds and products, and the responsibility of business entities for working conditions and industrial safety. In 1999, the fee for business entities to obtain licenses was abolished, which facilitated a greater influx of foreign workers into this country.
According to the data of the Passport and Visa Service of the Ministry of Internal Affairs of the Republic of Belarus, in the first half of 2000, 589 citizens of Ukraine employed under licenses were registered. According to the Ukrainian embassy, there were no appeals from Ukrainian citizens working in Belarus to consular offices with complaints about violations of their rights or unsatisfactory working conditions.
ARMENIA
Employment of the population in the Republic of Armenia is regulated by the law "On Employment of the Population" (1996). A document that largely regulates the terms of employment of Ukrainian citizens in Armenia is the "Agreement between the Government of Ukraine and the Government of the Republic of Armenia on Labor Activity and Social Protection of Citizens of Ukraine and the Republic of Armenia Working Outside Their States" dated June 17, 1995. According to Article 3 of this agreement, citizens of Ukraine may carry out labor activities on the territory of Armenia on the basis of:
1) an employment contract (contract) concluded between the employer and the employee for a fixed term;
2) an agreement concluded between business entities of both parties, the purpose of which is to perform a specified scope of work or services on the territory of the employing party.
Employment is carried out only with a work permit. However, the requirement provided for by the agreement to obtain a work permit and the stipulated periods of stay in the country of employment are not in effect, since Armenia currently lacks a mechanism for granting work permits.
According to Article 7 of the agreement, documents necessary for carrying out labor activities, as well as their translations into Armenian or Russian certified in accordance with the established procedure in Ukraine, are recognized (without legalization). Upon expiration of the contract, the employer is obliged to make an appropriate entry in the work record book and issue a monthly salary certificate.
The agreement stipulates that social security (except for pension provision) of Ukrainian citizens working on the territory of Armenia under a contract is carried out on the basis of the legislation of Armenia, and all related costs are borne by the employing party. Medical care for Ukrainian workers is provided at the employer's expense and on equal terms with Armenian citizens. In addition, paragraph 5 of Article 3 of the Law of the Republic of Armenia "On Mandatory Social Insurance Payments" dated December 26, 1997, states that "foreign citizens and stateless persons who carry out entrepreneurial and other activities in the Republic of Armenia do not make social payments." The issue of pension provision for Ukrainian citizens who worked in Armenia under a contract is regulated by the Agreement on Guarantees of the Rights of Citizens of the CIS Member States in the Field of Pension Provision of March 13, 1992.
The procedure for entry, residence, movement, exit, rights and obligations, and legal status of foreign citizens in Armenia are determined by the law "On the Legal Status of Foreign Citizens in the Republic of Armenia" (1994). According to Article 16 of the law, "registration of foreign citizens located in the Republic of Armenia is carried out by the bodies of the Ministry of Internal Affairs at the place of residence based on documents confirming his right to reside in the Republic, as well as on the living space he occupies. Registration of foreign citizens who have arrived at a hotel, rest home, sanatorium or other tourist base is carried out by this institution in the manner established by the Ministry of Internal Affairs of the Republic of Armenia. A fee is charged from the foreign citizen for registration."
GEORGIA
The main document that determines the legal status of any person (a citizen of Georgia, a citizen of another state, or a stateless person) on the territory of Georgia is the Constitution of Georgia, adopted on August 24, 1995. According to the Constitution, foreigners have the right to work. Foreigners permanently residing in Georgia can hold any position or engage in any labor activity not prohibited by the legislation of Georgia, except for positions and types of activities for which, according to the law, citizenship of Georgia is mandatory. Similar rights are enjoyed by foreigners temporarily residing in the territory of Georgia.
Foreigners have the right to defend their rights in court and other state bodies of Georgia, and have the right to contact their diplomatic or consular mission at any time.
There are 124 Ukrainian citizens registered at the Ukrainian embassy. 90% of citizens are on temporary consular registration. Given that the unemployment problem in Georgia is very acute, it should be said that there are also unemployed among Ukrainian citizens, although very few. None of the unemployed are registered with the consulate.
Given the Georgian-Abkhaz conflict and the difficult economic situation, since the early 1990s there has been an outflow of population from Georgia. Therefore, Ukrainian labor migrants in Georgia are a rather rare phenomenon. Mostly Ukrainian citizens work in Georgia under contract. These are fishermen who work seasonally catching fish in the territorial waters of Georgia, sailors of a Ukrainian ship serving the port of Poti, power engineers from Kharkiv who work in Gardabani on repairing power units.
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