KAZAKHSTAN
The legal status of labor migrants in Kazakhstan is regulated by the laws "On Migration of the Population" (1997), "On Foreign Investments" (1994), "On Employment of the Population" (1998); decrees of the President of Kazakhstan "On the Legal Status of Foreign Citizens in the Republic of Kazakhstan" (1995), "On Licensing" (1995), "On the Civil Service" (1995); a government resolution "On Approval of Rules for Licenses for Activities Related to Attracting Foreign Labor and Exporting Labor from the Republic of Kazakhstan Abroad" (1999); an order of the Minister of Labor and Social Protection of the Population of Kazakhstan "On Approval of the Instruction on the Procedure for Collection and Expenditure of Compensation Payments for Occupying Jobs by Foreign Specialists, Accumulation of Economic Fees and Deposit Contributions Collected for Imported and Exported Labor from the Republic of Kazakhstan" (1997); and the agreement on cooperation in the field of labor migration and social protection of labor migrants (1994).
Foreign citizens engaged in labor activities in Kazakhstan have the same rights and obligations as citizens of the Republic of Kazakhstan. However, they cannot be appointed to certain positions or engage in certain types of activities related to citizenship of the Republic of Kazakhstan. Social protection of citizens of CIS states is regulated by the agreement on mutual recognition of rights and compensation for harm caused to workers.
The Ministry of Labor and Social Protection of the Population annually establishes a quota for the import of foreigners to work in the Republic of Kazakhstan. For filling jobs with foreign specialists and workers in organizations located on the territory of Kazakhstan, the employer pays a social tax (26% of the salary if the foreigner permanently resides in the republic). If the foreigner temporarily resides in Kazakhstan, the amount is 5 monthly calculation indices for each specialist and 10 for each worker).
52 Ukrainian citizens work under contract in Kazakhstan.
RUSSIA
Employment issues in the Russian Federation are regulated by the Decree of the President of Russia "On the Attraction and Use of Foreign Labor in the Russian Federation" (1993). The status and rights of foreign citizens working in Moscow are regulated by the Moscow Government Resolution "On the Responsibility of Employers for Violations of Rules in the Use of Foreign Labor" (1999). These issues are also regulated by international agreements within the CIS, bilateral arrangements, and the national legislation of Russia (laws and by-laws).
According to the Embassy of Ukraine in Russia, the conditions of stay for officially employed Ukrainian citizens in that country do not meet the norms and requirements of international law. Ukrainians receive lower wages than Russians for the same work. Work bonuses are not paid, medical care is absent, there is no free medical insurance, and the Russian side constantly introduces new restrictions on the stay of Ukrainian citizens in Russia. The Russian side often violates the provisions of bilateral Ukrainian-Russian agreements, which is manifested in the refusal of temporary registration based on internal passports of Ukrainian citizens for those arriving to work in the Russian Federation.
Non-fulfillment by the Russian side of obligations arising from international agreements on labor activity and social protection of citizens of Ukraine and Russia working outside their countries (Agreement of January 14, 1993) was recorded in 1997-1999 mainly at enterprises of the oil and gas complex located in the regions of Western Siberia.
Currently, 63 thousand Ukrainian citizens work in the Russian Federation. According to the Passport Department of the Main Internal Affairs Directorate of Moscow, 68,157 Ukrainian citizens received temporary registration in Moscow. According to the Moscow Migration Service, 33,380 Ukrainian citizens applied for permanent registration in 2000. A significant number of workers from Ukraine work illegally in the Russian Federation.
TURKMENISTAN
The main legislative acts regulating the employment of foreigners on the territory of Turkmenistan are the Law "On the Legal Status of Foreign Citizens in Turkmenistan" (1993) and the Regulation "On the Procedure for Inviting and Hiring for Temporary Work of Citizens Arriving from Outside Turkmenistan", approved by a decree of the President of Turkmenistan (1998).
The Regulation defines the conditions and procedure for issuing permits for inviting and hiring for temporary work of citizens arriving from outside Turkmenistan, as well as confirmations to these citizens for the right to carry out labor activities on the territory of Turkmenistan. The work permit is issued for a period of up to one year and may be extended, but no more than one year. In this case, established quotas for attracting and using foreign citizens in general and by professional groups are taken into account.
Turkmenistan does not belong to the "attractive" countries for labor migration. Moreover, it is quite difficult for foreigners to find a job and get employed in Turkmenistan. The strict visa regime and enhanced control over the stay of foreigners also do not contribute to the influx of foreign labor into Turkmenistan.
Currently, only Ukrainian citizens work in Turkmenistan, who are seconded from Ukrainian enterprises (ATF "Ukrgasbud" - 42 people, and JSC "Sumy Machine-Building NPO named after Frunze" - 74 people) to work on the implementation of investment projects based on contracts concluded with the Turkmen side.
UZBEKISTAN
The labor activity of foreigners in Uzbekistan is regulated by the government resolution "On the Professional Activity of Citizens of the Republic of Uzbekistan Abroad and Foreign Citizens in the Republic of Uzbekistan" (No. 408 of October 19, 2000).
To carry out labor activities on the territory of the Republic of Uzbekistan, a foreigner must obtain a confirmation of the right to work, which is issued by the Ministry of Labor, regional and Tashkent city departments of labor, employment, and social protection of the population.
According to the Ministry of Labor of the Republic of Uzbekistan, the number of Ukrainian citizens who worked in the country in 1999 and 2000 was 13 and 23 people respectively. None of the Ukrainian citizens working in Uzbekistan have applied to the Embassy of Ukraine for protection of their labor rights violated by Uzbek employers.
ARGENTINA
The procedure for employment under a contract in the Argentine Republic is regulated by Laws No. 20744, 24013, 25013, 25250 and regulations of the unified system of registration of the working population. The application of these laws depends on the date of the employment contract signed by the parties (i.e., it is necessary to consider from when the worker started working).
Employment in Argentina is only possible with a work permit. Such a permit is a 'residencia temporaria' visa, which is issued at the Argentine Embassy in Ukraine. After arrival, the foreigner must obtain from the Ministry of Labor of Argentina an identity card for employment, which is valid for social security bodies (CUIL). The validity of this document is 2 years.
When hiring a foreigner, the employer must prove that no Argentine citizen is applying for that job. The unemployment rate in the country is 17%. Currently, there are more than 3 million unemployed people in Argentina.
A mandatory condition is the signing of an official employment contract. Argentine legislation establishes fines for hiring immigrants without a contract (up to $30,000).
MEXICO
Mexico is not among the countries with a large number of Ukrainian migrant workers. There are 78 Ukrainian citizens registered with the Embassy of Ukraine, while their total number is estimated at about 150-200 people. Most of them are scientists, university lecturers, musicians, circus artists, athletes and coaches who work in Mexico under direct contracts.
The level of social protection of our citizens and working conditions directly depend on the terms of the contract and, as a rule, are quite high for this category of employees.
ISRAEL
Employment issues in the State of Israel are regulated by the Israeli Law 'On Foreign Workers'. In Israel, labor migration matters are handled by the Employment Department of the Ministry of Labor and the Visa Issuance Department of the Ministry of Internal Affairs of Israel.
The Israeli government annually compiles a list of specialties for which foreign workers can enter Israel at the invitation of interested Israeli firms without coordination with the Employment Department for each worker individually. Such lists usually include specialties related to capital construction and, to a very limited extent, agriculture.
Firms wishing to hire foreign workers must obtain from the Employment Department a limit on the maximum number of jobs for each half-year, based on the overall limit of foreign labor determined by the Israeli government. After receiving the quota from the Ministry of Labor, construction contracting firms submit applications to the Ministry of Internal Affairs of Israel, which, after conducting appropriate checks, sends information to Israeli embassies abroad about permission to issue visas for workers.
Regarding the social protection and working conditions of Ukrainian workers who work legally in Israel, it should be noted that they, if necessary, can exercise the right to leave, in case of illness they receive necessary medical care at the expense of insurance provided by the employer, etc. In the event of a worker's death, the shipment of his body to Ukraine is also covered by insurance.
Regarding foreigners who seek employment in Israel in a specialty not included in the preferential list of shortage occupations, a strict procedure for obtaining a work permit has been introduced to protect the interests of Israelis in the labor market. The interested Israeli organization or firm must apply to the Employment Department of the Ministry of Labor to obtain a permit for employing a specific foreigner. A special commission, after an appropriate investigation, gives an opinion on the production necessity of hiring a foreigner for a specific position. Only in the case of a positive response can the interested organization apply to the Ministry of Internal Affairs of Israel for a work visa for the foreigner, the candidate for employment.
CYPRUS
According to the norms of current legislation, a permit system for employment of foreigners is established in Cyprus. For a foreigner to obtain a visa to enter Cyprus with the right to work, the employer must first obtain permission from the Ministry of Labor and Social Security to hire the foreigner. As a rule, this requires justification of the impossibility or difficulty of employing a Cypriot citizen for that job.
There is a quota system – recommendations of the Ministry of Labor and Social Security to immigration authorities regarding the number of work visas issued to foreigners, which is determined by the unemployment rate in a given period, and in general by the desire to protect the domestic labor market.
The legislation provides for liability for both illegal employment and illegal hiring, including sanctions such as fines and imprisonment – for both the employer and the employee.
TURKEY
The right of foreigners to work in general terms is enshrined in the Constitution of Turkey. Turkey's domestic legislation contains provisions that restrict foreigners' right to free employment in favor of 'society, public safety, public health and public order'.
Thus, according to paragraph 7 of Article 8 of Law No. 5682 of July 15, 1950 "On Passports", "entry into Turkey may be denied to foreigners who have stated their intention to reside in Turkey but have not submitted documents confirming the possibility of employment in a specialty that is permitted for foreigners residing in Turkey." This provision is also enshrined in Article 7 of Law No. 5683 of July 15, 1950 "On Residence and Movement of Foreigners in Turkey", according to which "a residence permit in Turkey is not issued to foreign specialists who wish to perform types of work that are reserved by law exclusively for Turkish citizens." According to Article 15 of Law No. 5683, "foreigners may perform only those types of work that are not prohibited to them by law." Law No. 2007 of June 11, 1932 "On Crafts and Services That Are the Prerogative of Turkish Citizens on the Territory of Turkey" almost completely restricts the right of foreigners to employment, as it lists almost all types of work that only Turkish citizens can apply for.
In order to attract specialists from various countries, the procedure for obtaining work permits for foreigners who wish to work in the service sector has been eased. From this perspective, a very important legislative act is the "Instruction on Attracting Foreign Workers and Representatives of Artistic Professions to Work in Licensed Tourism Enterprises" adopted in 1983.
A foreigner who wishes to work in Turkey must submit an application to the consular department of the Turkish embassy or General Consulate, which, in turn, through the channels of the Turkish Ministry of Foreign Affairs, notify the Ministry of Tourism and the Ministry of the Interior. If there are no objections to this foreigner working in Turkey, a work visa is granted.
After arriving in Turkey on the basis of a work visa, the foreigner must obtain a residence permit within 1 month from the date of entry into the country before starting work. The residence permit (Ikamet Tezkeresi) is issued by the departments for foreign affairs of the Turkish Security Service directorates at the place of future temporary residence. The validity period of such permits is from 6 months to 1 year. After the expiration of the employment permit, it can be extended upon first request for 1 year, upon second and third requests for 2 years, and then for 5 years.
Foreigners must notify the competent authorities (departments for foreign affairs of the Turkish Security Service) at their place of residence no later than 15 days from the start of work and obtain a corresponding mark in the residence permit. Also, corresponding obligations for registering foreigners who have been given work are placed on employers.
Law No. 5683 stipulates that foreigners may reside only in places specified in the issued residence permit. According to Article 14 of the same law, "if foreigners who have a residence permit in Turkey change their place of residence, they must within 48 hours notify the competent authorities, either in person or through another person, of both the new and the old address."
As of now, the Embassy and the Consulate General of Ukraine in Istanbul have 55 persons registered who legally work on the territory of Turkey.
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