GUINEA
In Guinea, the employment of foreigners is regulated by the Labor Code of the Republic of Guinea (1988), Presidential Decree No. 48/PRG/86 of 01.02.86, and Order of the Ministry of Economy and Finance No. 1313/ME.F/CAB of 19.03.86.
The hiring of a foreigner is carried out after obtaining a work permit issued by the Guinean employment and labor service. To obtain a work permit for foreigners, a tax of $300 must be paid annually, for which the employer is responsible. This tax is paid at the beginning of each year if there is an employee.
In Guinea, there is no control over the social protection of migrant workers. Insurance of Ukrainian citizens working in Guinea is carried out by the company they work for or by an intermediary insurance company. Ukrainian workers have to pay for the insurance policy themselves.
According to the Embassy of Ukraine, 115 Ukrainian citizens work in Guinea.
INDONESIA
The legal status of foreigners in Indonesia is regulated by the law of the Republic of Indonesia that governs visa processing, entry permits, and immigration permits.
In Indonesia, Ukrainian labor migrants are practically absent. One Ukrainian citizen works at the American non-governmental organization "International Republican Institute" in Jakarta, and another works as a lecturer at a university in Brunei.
The absence of Ukrainian migrant workers is explained by Indonesia's distance from Ukraine, low wages, specific climate, political instability, etc.
Currently, there are 36 million unemployed people in Indonesia with a relatively high level of education. Since the economic crisis and political instability in Indonesia continue, the situation with the number of migrant workers from Ukraine is unlikely to change soon.
INDIA
The issues of hiring foreigners and stateless persons in state institutions and the private sector, including issues of remuneration, export and import of capital investments, and opening of firms and companies, are regulated by the general law "Foreign Exchange Regulation Act" (1973). The law is also subdivided into separate by-laws that regulate the labor of foreign citizens and its payment.
The "Equal Remuneration Act" (1976) regulates issues of "equal remuneration." The "Minimum Wages Act" (1978) regulates issues of "minimum wages." The "Payment of Bonus Act" (1965) regulates issues of bonus payments.
Separate by-law documents also include "Employment in India" (employment of foreigners in India), where a separate section "Foreigners Act" (1946) establishes all basic provisions regarding employment and guaranteed remuneration for foreigners temporarily staying in India.
Holders of work visas have the right to work only at those facilities specified in contracts or agreements.
VIETNAM
The employment of foreigners in the Socialist Republic of Vietnam is regulated by the "Labor Law" and other normative acts regulating labor relations between employees and enterprise owners. Foreigners permanently working in commercial or private enterprises with foreign investment are required to obtain a work permit from the Ministry of Labor of the SRV in the established manner.
Certain categories of foreigners are exempt from obtaining a permit (members of the board of directors; the general director of a joint venture or enterprise with foreign investment, or his deputy; foreigners working in diplomatic missions of international economic, cultural, information, educational, or scientific organizations). The duration of the work permit depends on the term of the labor contract (no more than 3 years). Payment of wages and bonuses to foreign workers is made by transferring money to bank accounts.
Foreigners staying in Vietnam for more than 183 days per year pay taxes on all income of Vietnamese and foreign origin. Foreigners staying in Vietnam for less than 183 days per year but more than 30 days pay taxes on all income of Vietnamese origin at a rate of 10%. Foreigners staying in Vietnam for less than 30 days per year are exempt from paying taxes on income received in Vietnam.
IRAN
The stay, employment conditions, and social protection of foreign workers in Iran are regulated by the constitution, civil code, and labor code of this country. The issuance of work permits for foreign citizens in Iran is carried out by the Ministry of Labor and Social Affairs of the Islamic Republic of Iran. All foreign citizens arriving in Iran for work receive a special status; they are issued a corresponding work card and a residence permit in the country for up to one year.
According to the Ministry of Labor of Iran, 637 Ukrainian specialists work in the country. The vast majority of Ukrainian migrant workers work under Russian contracts at closed facilities.
Ukrainian citizens carry out their labor activities according to a contract (agreement) that specifies the terms of labor relations and the level of social protection of workers. As a rule, the Iranian side provides Ukrainian specialists with the opportunity to use the services of medical, educational, cultural, sports, health, and other institutions, which generally coincide with the working conditions of Iranian workers.
In most cases, the Iranian side registers the stay of Ukrainian workers in violation of existing regulatory rules in Iran (i.e., without coordination with the Ministry of Labor of Iran and without obtaining a work visa). In turn, Ukrainian citizens who come to work in Iran under such contracts usually do not contact the embassy. But after the expiration of the assignment, when the issuance of an exit visa to Ukrainian specialists by the Iranian side is usually delayed until the clarification and documentary confirmation of the payment of taxes for them by the employer, they seek help from the embassy. Significant difficulties also arise when a citizen of Ukraine transports earned money and personal belongings across borders.
LIBYA
Employment, residence, and legal status in Libya are regulated by the Law "On Labor" (No. 58, 1970; as amended), the "List of Categories of Contract Specialists" (1971), and the "List of Medical Specialists Working under Contract." Municipalities handle the employment of foreigners.
The employment of foreign specialists at Libyan enterprises and state institutions is temporarily regulated by Decision No. 25 "On Certain Measures Regarding the Use of Foreign Specialists" (2000). According to this decision, the procedure for inviting foreigners for employment in Libya is to be revised in the near future. Temporary additional recruitment of specialists from abroad is allowed only after coordination with the Higher People's Committee, except for those working in the oil and gas sector, as well as those employed in the Great Man-Made River project.
According to the Ukrainian embassy, about 800 Ukrainian citizens (almost all doctors) are currently temporarily staying in Libya, working under private contracts in Libyan hospitals.
As a rule, the employment of Ukrainian citizens in Libya is paid, as it occurs through the mediation of certain private Ukrainian firms (the embassy knows two of them – "Ibn Sina" and "Vice-Admiral"), which undertake the processing of the necessary documents on the basis of contracts with doctors. At the same time, Ukrainian specialists additionally undertake to transfer a fixed percentage of their future salary to the relevant firm. After arrival, the mentioned category of specialists again enters into private contracts with individual Libyan medical institutions, which define the rights and obligations of the parties.
In practice, the Libyan side does not fulfill the terms of contracts – neither in terms of ensuring living conditions, nor in granting regular leaves, paying for air tickets, etc. Ukrainian citizens have to live in premises unsuitable for living, sometimes without centralized supply of drinking water, gas, without air conditioners and even necessary furniture. Moreover, they feel completely helpless in the event of any complications in their professional activities. This is evidenced by numerous criminal cases that have been opened against a number of Ukrainian doctors and which last in some cases for several years. At the same time, the Ukrainian embassy is not informed at all about such cases by the state authorities of Libya.
SOUTH AFRICA
A work permit is issued to applicants for entry into the Republic of South Africa for the purpose of employment, as well as to fill vacant jobs in the field, through an interview with a potential candidate, during which the correspondence of his profession to one in demand in the country is determined. The data provided on qualifications and experience are also checked, after which a corresponding contract is signed.
The application is considered by the department of the main directorate together with representations in the regions, so the applicant must immediately clearly indicate the region where the vacant job exists. The type of activity of the applicant, which is specified in the approved submission, cannot be changed to another. If the applicant is interested in changing the profession previously indicated and for which permission was obtained, he must return to his homeland and re-send a petition for a temporary work permit abroad.
The applicant must submit a general and additional application together with certified copies of higher education documents and other necessary papers and work references from previous employers.
Having an employment invitation (employment on commission or for a part-time position is not considered), it is necessary to send a submission for a work permit and only then the term and start date of employment should be determined. Such submission may be considered by any regional or provincial representation of the Department of Home Affairs of South Africa. The employment petition must be completed in accordance with all requirements as stipulated by the department's policy on work permits.
JAPAN
Japan is one of the few countries in the world where the entry of labor migrants is prohibited. In this regard, there are no immigration visas and legislation in this area at all. The stay of foreign citizens in Japan is regulated by the Law "On Registration of Foreign Citizens."
The rules for entering the country for the purpose of long-term stay (more than 3 months) of foreign citizens in Japan are regulated by the Law "On Entry-Exit and Refugee Status." The basis of this law is the system of requirements for foreign citizens who have arrived in Japan for the purpose of long-term stay or permanent residence.
Every foreign citizen arriving in Japan has an appropriate status for the period of stay in the country. The status must indicate the type of activity that the foreign citizen will engage in during the entire period of stay in the country. To change status, it is necessary to notify the Ministry of Justice of Japan in advance and obtain appropriate permission for this.
To enter the country, you must obtain a visa at the Embassy or Consulate General of Japan abroad. When crossing the border, an immigration service stamp is placed on the visa. At the same time, having a work permit does not automatically entitle you to a visa. The guarantor handles obtaining the work permit and corresponding status in Japan.
The relevant Japanese authorities, taking into account the status of residence of foreign nationals, monitor the type of their activities. It should be noted that foreign nationals are not entitled to engage in any activity other than that stipulated by their status of residence. To change the status, period of stay, or type of activity, permission must be obtained.
Currently, 20 Ukrainian citizens hold the status of migrant workers. As a rule, these are Ukrainian scientists working in Japan under short-term contracts and have proper social and legal protection.
Overview prepared based on materials from
the Ministry of Foreign Affairs of Ukraine.
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