Legal services in Russia
Market entry and successful business development in Russia require a careful and integrated approach to problems-solving related to proper legal registration of both intra-group relations and relations with third parties. SCHNEIDER GROUP experts have many years of experience in legal support in Russia. We advise our clients on various questions on the application of the Russian legislation and are glad to offer you our support.
- Design and analysis of various types of contracts and contractual structures with the assistance of a team of professionals in the sphere of law, taxation, customs registration, accounting and information technology
- Support for the negotiating process
Trial and claim work
- Pre-trial settlement of disputes
- Legal representation in arbitration courts and courts of general jurisdiction
- Debt collection
- Accompaniment of administrative and executive production
- Registration of companies, branches, representative offices
- Registration of changes of different nature
- Reorganization, liquidation of companies
- Preparation of decisions/minutes of participants
- Organization of general meetings of participants
- Establishment of subsidiaries
- Deal structuring
- Performing of the responsibilities of the sole executive body of the company
Company registration and business setup in Russia
SCHNEIDER GROUP can help you register a company in Russia and help you to choose the most suitable form of the legal entity (LLC, JCS) (What is an OOO?) for your foreign business in Russia. We are also ready to consult you on various legal matters associated with the set-up of your subsidiary.
Also, we can provide you with the support concerning the accreditation of your representative office or branch office in Russia.
Our services include:
- Preparation of the required necessary documents to open a company in Russia (including translations),
- Submission of the documents to the State Registration Chamber or other accrediting institutions and collecting them after the registration,
- Obtaining the company seal,
- Registration of the company with the Russian tax authorities,
- Registration with the Russian statistics office,
- Registration of founded company in the Russian Social Insurance Fund and Pension Fund,
- Opening a bank account.
What should you pay attention to when you found your business in Russia?
Foreign investors can conduct their activities in Russia (importing goods, rendering services, etc.) in different ways:
- Without registration of their companies in Russia,
- Via a representative office or a branch of a foreign company in Russia,
- Via a legal entity established in accordance with Russian legislation (a subsidiary).
Exporting goods to Russia or rendering services to Russian clients without the registration of a company seems to be quite a simple method to conduct business at first sight. However, in the process of rendering services, there can be such problems as obtaining necessary permits. Some tax questions also may need clarification (for example, the defining the exact place where services are rendered is important for VAT calculation). Often services are rendered by temporarily hired employees can eventually lead to the set-up of a permanent representative office. Also, when goods are delivered to Russia, it is essential to fulfill tedious requirements of the customs office.
For quite a long time, representative offices and branches were the most popular forms of a foreign companies’ presence in the Russian market. Today they still play an important role in the sales of goods and also in the implementation of large construction and assembly projects. However, they are not suitable for importing goods and their subsequent sales to clients.
The necessity of setting up a Russian legal entity (a subsidiary) arises when you want to participate personally in such processes as importing and selling goods in Russia. While deciding the form of a legal entity, it is essential to define in advance the way your subsidiary will be financed.
Which documents are required to register your subsidiary in Russia?
What do I need to found a company in Russia?
1. Foundation Agreement of the parent company (a notarized copy with an apostille).
2. Charter of the parent company (with the notarized signature of its founders and an apostille).
3. Decision / minutes of the subsidiary (with the notarized signature of the founders and an apostille).
4. Extract from the trade register of the parent company (certified by the issuing authority with an apostille).
5. Guarantee letter for the provision of a legal address and a notarized copy of the Certificate of real estate ownership (we can provide you with our address to be used as your address)
6. A copy of an applicant’s passport (scanned copy)
7. Power of attorney for our employees to open a temporary bank account in Russia
8. Receipt for payment of the state duty in the amount of 4,000 RUR (signed by an applicant)
9. Power of attorney for our employees to submit the constituent documents to the registration authorities and collect them after the registration.
Process and registration period of companies in Russia (LLC)
After obtaining the required information and documentation, we will prepare the Charter and the Decision documents on the establishment of a legal entity and agree them with you.
On the basis of these documents, we will open a temporary account in a Russian bank that you choose, submit the documents for the registration and we will receive the certificate of registration.
After registration, we will order the seal for your subsidiary and organize the opening of the company’s bank accounts. Then, we inform all appropriate government bodies about the formation of the new company. The entire process of a company registration in Russia takes, as a rule, 2-3 months.
Legal support in marketing & e-commerce
- Development and analysis of the marketing activities conducting rules
- Development and analysis of documentation required for the implementation of electronic commerce
- Registration and protection of rights
- Registration of know-how, trade secrets and confidential information handover
- Legal support of franchise deals
- Implementation of compliance function
- Regulatory compliance
- Compliance audit
- Personnel training
- Check of contractors’ reliability
- Development and analysis of contracts and changes thereto
- Development and analysis of local normative acts
- Mediation in disputes with employees
- Oral and written consultancy
- Human resources audit
Assessment of employees’ competencies
- Search for and interviewing of candidates
- Evaluation of the effectiveness of staff legal function
- KPI development
- Preparation of work permits to work in the Russian Federation
- Visa support
- Oral and written consultancy
Work Permit in Russia
Unless you are a Belarusian or Kazakh citizen, you will need a work permit in order to work in Russia. There are generally two types of work permits available for foreigners from western countries:
Work permit for High Qualified Specialists
The law foresees that highly qualified specialists with an annual gross income of over 2 000 000 Rubles who are employed at a Russian company or a foreign company branch in Russia are entitled to obtain a 3-year work permit.
Neither quota, authorization from the employment center, nor a permission to hire foreign staff are required with this permit. As the labour permit is not transferable, it is exclusively valid for the employer-employee relation with the respective company. After the work permit (plastic card) and a visa invitation have been obtained, you will have to apply for a 3-year working visa at the Russian consulate in your home country.
Every time you enter or depart from the Russian Federation you as a foreigner have to register with the migration authorities. With a 3-year work permit for highly qualified specialists however, you do not need to register for a visit of less than 90 days.
How long will it take?
The application processes for a work permit and respective visa invitation takes 14 – 16 working days after all documents have been submitted to the Federal Migration Services. Issuing a work visa at the Russian consulate might take up to 10 days.
Work permit for one year
A 1-year work permit can be applied for when the foreigner is to work at a representative office in Russia or if his annual salary is less than 2 000 000 Rubles. The process of obtaining this permit is more complex and time-consuming since it consists of several steps and usually takes up to 3 – 4 months. As quotas are needed for this type of work permit, with some exceptions, the employer is required to start the process one year in advance.
Most foreigners need a visa to come to Russia, granting permission to enter and leave the country while differing in type depending on the purpose of the visit. In order to apply for a visa at the Russian consulate in your home country, you need to have a visa invitation issued by an authorized Russian company. We offer our clients invitations for different kinds of visas.
When doing business in Russia, there are usually two visa types that are most interesting: business visa and working visa. While the later enables you to work in Russia, a business visa does not allow you to be officially employed in this country. It is restricted to business trips and even though it might be issued with a validity of 1 year, it allows you to stay in the country for 90 days only within a 180-days period. For a year this means a stay of maximum 180 days.
SCHNEIDER GROUP would be delighted to advise you on immigration issues in Russia, to obtain work permits for you and your employees and offer support in visa matters.
- Personalized monitoring of changes in the legislation
- Monitoring of judicial and executive proceedings
- Trainings on actual legal topics
Intercompany agreements in Russia
Any economic transaction, including those between related parties, has certain tax and legal implications and must be supported with the relevant documentation, the main of which is a competently prepared agreement. In accordance with Russian legislation, any agreement between legal entities must be concluded in written form.
It is important to note that, despite the fact that international companies often need to conclude intercompany agreements on the proportional distribution of costs among the companies of the holding, according to Russian legislation such transfers of costs between related parties is prohibited.
Costs transfer can be carried out exclusively within the frame of services rendered or works executed, that is, such costs must be directly linked with the specific services or works provided or performed in accordance with the agreement.
Frequently, newly created Russian subsidiaries of foreign companies or holdings start their activities on the Russian market by providing advertising and marketing services to their foreign parent company or group of companies, as well as searching for customers and promoting their goods and services on the new market.
Moreover, at the initial stages of their activity, Russian subsidiaries often do not yet have sufficient capital for the full implementation of market development activities. In this case, they need to build a proper financial system, including the involvement of their parent company.
SCHNEIDER GROUP’s experts have extensive professional experience in the preparation of such agreements, and offer consulting on all matters related to their conclusion. We can also thoroughly analyze the requirements of accounting, taxation and currency legislation, taking into account each client’s specific needs. Also, we constantly monitor any changes in legislation and inform our clients on the most important updates and their business consequences.
With regard to related parties, we can provide support for the preparation of the following types of agreements:
- service agreements, such as information, consulting, marketing, advertising services, and IT support services;
- agency agreements on the search for and acquisition of clients;
- goods supply agreements between Russian and foreign companies, both import and export (we can also offer consulting services on customs clearance under such agreements);
- license and sublicense agreements, for example on the transfer of rights to use trademarks or software;
- lease and sublease agreements, for example if a subsidiary company or a representative office leases space from another Russian subsidiary of the same holding;
- loan agreements between a parent company and its subsidiary to finance the latter
Labor Law in Russia
Throughout the talent acquisition process, companies doing business in Russia must strictly follow the requirements of labor law and have documentation, as stipulated by Russian legislation.
SCHNEIDER GROUP will assist you in resolving any questions associated with employer-employee relations. You can click on the bullet points below for more information:
- Employment contracts as well as any other additional with a General Director, highly qualified specialist or any other category of employee.
SCHNEIDER GROUP provides its clients with services related to the preparation of labor contracts between employees and General Directors. We offer the preparation of employment contracts as well as additional agreements for foreign nationals and highly qualified specialists.
Employment contracts with foreign nationals fully comply not only with the requirements of labor and migration laws, but also with the requirements of the Federal migration service.
SCHNEIDER GROUP assists its clients in making changes to existing labor contracts and additional agreements.
- Internal regulations of the company (internal labor rules and regulations, regulations on bonuses and business trips).
In accordance with the labor legislation of the Russian Federation, every company should have a list of local normative acts regulating labor relations with employees.
SCHNEIDER GROUP offers its clients services connected with the development of the following mandatory local normative standards:
- Internal Labor Rules
- Regulations related to Equal Payments and Compensations
- Regulations on the Protection of Personal Data.
SCHNEIDER GROUP offers services connected also with the development of other local normative standards, regulating the following important key areas:
- Business trip regulations
- Employment protection legislation, among others
- Employment contract termination and workforce reduction (including negotiations with employees)
- Workforce reduction
- Agreement of the parties
- Repeated failure to meet the requirements of the employment agreement, without valid explanation. numerous breach of employment duty without a valid reason and other.
- Consultancy services on the provision of personnel under secondment (including questions on taxation and social insurance) and preparation of relevant documents
- Consultancy services for the provision of personnel (services of a private employment agency SCHNEIDER GROUP Human Management for the provision of personnel)
SCHNEIDER GROUP offers its clients consultancy services for talent acquisition. We provide services for contract preparation and analysis.
SCHNEIDER GROUP is accredited as a private employment agency and ready to offer its clients temporary employee services.
- Consultancy services on issues related to personal data (including issues on customer database localization)
SCHNEIDER GROUP offers consulting services that address such issues as personal data, and which include customer database localization.
- Consultancy services and assistance on issues related to the investigation of occupational accidents (including the preparation of relevant documents)
SCHNEIDER GROUP provides consultancy services and supports clients with the investigation of accidents in production. Our support includes preparation of all required documents and notification of public authorities in full compliance with the requirements of the legislation
- Consulting on various issues related to employment law
SCHNEIDER GROUP provides clients with additional information on labor law issues that a company may face within the context of employer-employee relationship.
Other services we offer in Russia
Legal services in Kazakhstan
SCHNEIDER GROUP experts can provide you with competent support with the registration of your company in Kazakhstan, in migration issues, help you get a work permit as well as in visa matters. Moreover, our legal services include assistance with intercompany agreements and consultation in labor legislation.
Legal Consulting in Kazakhstan
The SCHNEIDER GROUP provides it’s clients in Kazakhstan with the full scope of legal consulting. We provide legal support from set-up of a company and throughout a company’s operation in Kazakhstan.
The SCHNEIDER GROUP’s legal professionals provide advice in various matters pertaining to:
- Civil law
- Labor law
- Corporate law
- Tax law
- Migration law
We are highly concerned about the quality of legal consulting services that we provide. That is why our legal professionals are lawyers with work experience in reputable international consulting and legal firms.
Company Registration in Kazakhstan
SCHNEIDER GROUP can help you to register a company in Kazakhstan and help you to choose the most suitable form of the legal entity (LLC, JCS) for your foreign business in Kazakhstan. We are also ready to consult you on various legal matters associated with the set-up of your subsidiary.
Also, we can provide you with the support concerning the registration of your representative office or branch office in Kazakhstan.
Our services include:
- Preparation of the required necessary documents to open a company,
- Submission of the documents to the state authorities and collecting them after the registration,
- Obtaining the company seal,
- Opening a bank account.
What should you pay attention to when you found your business in Kazakhstan?
Foreign investors can conduct their activities in Kazakhstan (importing goods, rendering services, etc.) in different ways:
- Without registration of their companies in Kazakhstan,
- Via a representative office or a branch of a foreign company,
- Via a legal entity established in accordance with Kazakhstani legislation (a subsidiary).
Exporting goods to Kazakhstan or rendering services to Kazakhstani clients without the registration of a company seems to be quite a simple method to conduct business at first sight. However, in the process of rendering services, there can be such problems as obtaining necessary permits. Some tax questions also may need clarification (for example, the defining the exact place where services are rendered is important for VAT calculation). Furthermore, services rendered may lead to the set-up of a permanent establishment. Also, when goods are delivered to Kazakhstan, it is essential to fulfill tedious requirements of the customs office.
For quite a long time, representative offices and branches were the most popular forms of a foreign companies’ presence in the Kazakhstani market. Today they still play an important role in the sales of goods and also in the implementation of large construction and assembly projects. However, they are not suitable for importing goods and their subsequent sales to clients.
The necessity of setting up a Kazakhstani legal entity (a subsidiary) arises when you want to participate personally in such processes as importing and selling goods or certifing them in accourdance with local legislation. While deciding the form of a legal entity, it is essential to define in advance the way your subsidiary will be financed.
The entire process of a company registration in Kazakhstan takes, as a rule, about 4 weeks.
Work Permit and Visa for Kazakhstan
Work permit in Kazakhstan
Foreign citizens who are seeking to be employed in Kazakhstan must obtain the work permit. A foreign citizen may sign an employment contract with Kazakhstani employer only after obtaining the work permit.
The SCHNEIDER GROUP may provide our assistance in work permit obtaining for a foreign employee. The need for a work visa will be researched by us on the basis of local regulations and double treaties on visa regimes. We may provide you the following services:
- Consulting with respect to the whole procedure of work permit/work visa obtaining,
- Assisting in the proper choice of a job title and qualifications of the foreign employee,
- Review, amendment and preparation of all necessary documents to be submitted to Kazakhstani labor/migration authorities based on information provided by the company,
- Negotiating and contacting the labor/migration authorities on any issues related to the work permit/work visa,
- Submission of documents required by the labor/migration authorities for the work permit/work visa,
- Obtaining original work permit/work visa to Kazakhstan from labor/migration authorities.
The whole process of work permit obtaining usually takes from 2 to 4 months, while obtaining of work visa takes up to one week on the basis of a valid work permit.
Work / Business visa
Visa is required for foreign citizens and persons without nationality for entry to the territory of the Republic of Kazakhstan, unless other procedure is established by international treatis of the RK. The RK visa is stuck in the passport or another document acknowledged in the RK and certifying the identity, and gives the right to entry to and stay in the RK as well as exit from it or crossing the territory of the RK in transit. The basis of issuing visas of the Republic of Kazakhstan and extension of the term of their validity are letters-invitations executed in the established procedure from the inviting party — Visa Support.
Preparation and submission of reports related to foreign manpower
Please note that pursuant to Kazakhstani legislation an employer employing a foreign employee should submit special reports. These reports should be submitted to the labour authority of appropriate district till 25th of each month.
Please also bear in mind that according to Kazakhstani labor legislation a company has to provide its employees with an agreement of compulsory insurance of employee during performance of labor activity. Any kind of internal changes, mostly related to salary have to be amended in form of additional agreements.
Registration with the migration police department
A residence permit is a document confirming the foreigner’s right of permanent residence in the Republic of Kazakhstan. Residence permit receiving is preceded by receiving the permanent stay permit. This certificate is issued for a term of 5 years and allows extension after expiration. A residence permit allows a foreign citizen to carry out labor activities at the whole territory of the RK and also releases the employer from fulfillment of special conditions.
Labor Law in Kazakhstan
Entering the Kazakhstani market can be challenging for foreign companies as they do not know all pitfalls of conducting business in Kazakhstan. We understand that foreign companies need an understanding of Kazakhstani business realities and how to organize their business in Kazakhstan in an efficient way.
We offer services related to HR-administration, which consists of set-up services and reoccuring administrative tasks. We will include the following services into the set-up of each employee:
- Collection of all required personal data of the employees (ID, tax registration, social code, home and registration address, etc.)
- Preparation of T-2 personal cards for each employee
- Preparation of employment order
- Preparation of staff and vacation schedules
- Filling out labor books
Once the set-up is completed, it is followed by regular HR support, which includes the following:
- Consulting with respect to and preparation of forms of internal HR orders regarding employees’ vacation, salary changes and bonuses, training, additional expenses, transfers, etc. based on the information provided by you
- Keeping of orders registers
- Consulting with respect to cases when addendums to employment agreements, notifications and applications are required from/to employees,
- Filling out labor books
- Introduction of changes into staff and vacation schedules
We would like to note that the HR documentation will be prepared in Russian. We also recommend you to conduct HR documentation in Kazakh language.
Labor relations normally arise out of labor contracts which must be conducted in written form. By general rule, a person may enter into labor relations upon reaching the age of 16. However, with written consent of one of the parents, trustees, guardians or adoptive parents, labor contract may be signed with:
- Citizens who have reached the age of 15 years, if they are gaining secondary education in a secondary education institutions
- Students who have reached the age of 14 years to perform work during extracurricular hours which is not a harmful to health and does not interfere with studies
- Persons under age of 14 years in cinematography, theaters, theater and concert organizations, and circuses to participate in the production and/or performance, without causing damage to the health and moral development, extracurricular work which is not harmful to the health and does not interfere with studies.
Labor contracts may not be entered into with foreign nationals and stateless persons temporarily staying in the Republic of Kazakhstan until the employer or the foreign worker obtains a foreign work permit from the local executive authority.
According to law, labor contracts may be signed for the following terms:
- For an indefinite term
- For a fixed term of no less than one year. If a labor contract is extended it is deemed to have been
- concluded for an indefinite term. If a labor contract which is signed for a set period exceeding one year for such worker’s job duties, such contract is also deemed to have been entered for an indefinite term
- For the term of performance of a particular work
- For the term of replacement of a temporarily absent employee
- For the term of performance of seasonal work
Labor contracts with chief executives of legal entities (Director, General Director, etc.) and other members of their executive bodies are normally signed by the owner of the legal entity’s property – the employer – or its authorized representative. Such labor contracts, as opposed to labor contracts with other employees, may be terminated at the option of the owner of the legal entity’s property – the employer.
Labor contracts may be signed for multiple employments/ secondary/ part-time employment. Labor contracts may be signed for multiple employments/ secondary/ part-time employment either with the CEO’s current employer (at the place of primary employment) or with several employers.
Employers may terminate labor contracts at their discretion subject to one of the following grounds: liquidation (winding-up), stuff reduction, the employee’s being until for the position, employee’s misconduct, etc. Employees, however, are permitted by law to terminate employment at their discretion subject to at least 1-month written notice to the employer.
Please note that a job description is not an obligatory HR document in Kazakhstan. However, we recommend you to develop job descriptions for each job title in the staff schedule due to describe in details all job duties of each employee. Please note that each title of the staff schedule requires a unique job description.
HR policies related to business trips, medial insurance and / or meal allowance incl. internal labor policy
We understand that a lot of companies nowadays provide their employees with a various benefits. For this reason we offer our clients to elaborate HR policies related to different types of benefits and describe the process of benefits provision.
We would be happy to elaborate such policies for your company or customize the effective global policies in accordance to Kazakhstani labor and tax legislation.
HR Audit and restoring of HR Documentation
If your company is an established business, but you are uncertain whether your HR documentation has been developed in compliance with labour law requirements or you simply lack the time and/or resources to develop proper HR documents, then we are here to help you. Our HR expert will perform full or spot check audits of your documentation as requested.
In the process of an internal audit you may discover that your HR documents are not in order. We can assist you in restoring your documentation and bringing in line with both the local legislation and your corporate requirements.
Outstaffing services in Kazakhstan
SCHNEIDER GROUP can act as a legal employer of personnel seconded to your company, providing HR administration, payroll processing, tax calculations and payments for outstaffed specialist.
Liquidation of Companies in Kazakhstan
Although it is fast to register a company in Kazakhstan, the liquidation of a company in Kazakhstan might take some time. Usually, the most difficult part of the process of liquidation is the tax audit, which has its own pitfalls. That is why the liquidation of a company involves not only legal experts, but also accounting and tax experts who will supervise the tax audit. Our legal and accounting professionals act as a team to liquidate a company in the most convenient for the client terms.
SCHNEIDER GROUP has successfully liquidated more than 30 companies (LLP’s, branches and representative offices) in Kazakhstan.
Work Permit and Visa for Belarus
Unless you are a Russian, Armenian or Kazakh citizen, you will need a work permit in order to work in Belarus.
The application process for a working permission includes several steps and has to be planned in detail.
Depending on the purpose for which a foreign manager travels, he needs a special visa. For example, there is a differentiation between a working-visa and a business visa. The last one does not allow working, but is restricted to business-trips. Business visa may be issued with a validity of one year, but only allow 90 days of stay in the country within the whole year.
We would be delighted to advice you on the process and to take it over for you.
How long will it take?
The application processes for a work permit and respective visa invitation takes 14 – 16 working days after all documents have been submitted to the Migration Services. Issuing a work visa at the Belarusian consulate might take up to 10 days.
Most foreigners need a visa to come to Belarus, granting permission to enter and leave the country while differing in type depending on the purpose of the visit. In order to apply for a visa at the Belarusian consulate in your home country, you need to have a visa invitation issued by an authorized Belarusian company. We offer our clients invitations for different kinds of visas.
When doing business in Belarus, there are usually two visa types that are most interesting: business visa and working visa. While the later enables you to work in Belarus, a business visa does not allow you to be officially employed in this country. It is restricted to business trips and even though it might be issued with a validity of 1 year, it allows you to stay in the country for 90 days only within a 180-days period. For a year this means a stay of maximum 180 days.
SCHNEIDER GROUP would be delighted to advise you on immigration issues in Belarus, to obtain work permits for you and your employees and offer support in visa matters.
Legal services in Ukraine
SCHNEIDER GROUP experts can provide you with competent support with the registration of your company in Ukraine, in migration issues, help you get a work permit as well as in visa matters. Moreover, our legal services include assistance with intercompany agreements and consultation in labor legislation.
Company registration in Ukraine
When starting business in Ukraine, investors often choose to open a commercial/non-commercial representative office or to create a new legal entity (limited liability company). The final decision depends on the long – term goals of the new business, nevertheless the risk that it is not possible to convert a representative office into a company at a later date should be considered.
Representative office (RO) vs. Limited Liability Company
The two most popular ways of doing business in Ukraine due to its simplicity and flexibility are the Representative Office (RO) and the Limited Liability Company (LLC).
According to Ukrainian laws, a RO has neither status of a legal entity nor residential status but is deemed as a division of a foreign company that is registered in Ukraine. The head office of a foreign company assumes all rights and obligations of its RO and bears full liability for its actions.
A RO which carries out commercial activities (so called a commercial RO) creates a permanent establishment of the foreign company with tax consequences. A RO which undertakes preparatory or auxiliary activities (a non-commercial RO) does not create a permanent establishment and is not subject to corporate profit tax.
LLC (comparable to GmbH, SARL etc.) as a Ukrainian subsidiary established by a foreign company generally has both, legal entity and residential statuses which means it may be engaged in any type of commercial activity. An LLC is entitled to conclude agreements in its own name, assume any legal obligations, acquire property, sue and can be sued on its own behalf. Furthermore, an LLC provides its foreign owner full control, repatriation of income and limitation of responsibility.
SCHNEIDER GROUP can help you register your company in Ukraine and assist you to choose the most suitable form of the legal entity (LLC, OJCS etc.). We are also ready to consult you on various legal matters associated with the set-up of your subsidiary.
Also, we can provide you with the support concerning the accreditation of your representative office or branch office in Ukraine.
Work and Residence permit in Ukraine
Foreign nationals who want to work in Ukraine must have a work permit from the state authorities. This document should be obtained by a Ukrainian legal entity and the employer shouldn’t have any tax or state duty debts. A search should be performed for suitable Ukrainian candidates on the labour market prior to applying for the work permit. Foreign employees should not be under criminal prosecution in their country or residence and may only work for one Ukrainian employer.
Work permit lasts for usually one calendar year and it is issued only for one position. The Ukrainian employer should provide to the State Employment Service an application with a prescribed list of documents.
The list of documents required from the foreign national is standard:
- 2 colour photos measuring 3.5 x 4.5 cm;
- Copy of diploma or other document confirming the employee’s qualifications;
- Copy travel passport;
- Certificate confirming no criminal records which is issued by the respective authority in the foreigner’s country of residence.
Other documents should be prepared by the company-employer depending on the category of foreigners who should be employed in Ukraine.
A state fee of four minimum salaries (which is UAH 3,200 as of 01.01.2017, i.e. UAH 12,800) should be paid by the company-employer in case a work permit is approved and issued. The approximate term for receiving a work permit is two months. Upon obtaining a work permit and concluding a labour agreement with a foreign worker, the company-employer is obliged to provide the State Employment Service with a copy of such agreement within three working days; otherwise the work permit might be cancelled. The work permit may be prolonged for one year by submitting a shortened list of documents 30 days prior to the expiry date.
Temporary residence permit
A temporary residence permit is issued based on a work permit and allows the foreign employee to stay in Ukraine for the period of the work permit and freely cross the border. The foreigner may stay in Ukraine longer than 90 days within 180 days and can enjoy simplified border crossing procedures. Additionally, family members of the foreigner are able to receive temporary residence permits. However, a disadvantage of this document is that the foreigner might be recognized as a tax resident of Ukraine and have to pay personal income tax (PIT) on his/her global income to the Ukrainian budget and/or lose certain benefits connected with his/her residence in another country (such as pension or social insurance).
The temporary residence permit is issued by the Ukraine State Migration Service based on a passport with a long-term visa (Type-D which allows a stay in Ukraine for up to 45 days) and applications from the foreigner and its host party (usually the employer). The application for temporary residence should be accompanied by the list of documents confirming one’s stay in Ukraine (e.g. work permit), insurance and copies of some internal documents of the employer.
The usual document processing time is 14 days. After receiving a temporary residence permit, it is necessary to obtain a registration stamp at the local department of the State Migration Service within 10 calendar days; otherwise a foreigner will be subject to administrative penalty.
Legal services in Poland
SCHNEIDER GROUP experts can provide you with competent support with the registration of your company in Poland, in migration issues, help you get a work permit as well as in visa matters. Moreover, our legal services include assistance with intercompany agreements and consultation in labor legislation.
Liquidation of Companies in Poland
Although it is fast to register a company in Poland, the liquidation of a company might take some time. Usually, the most difficult part of the process of liquidation is the tax audit, which has its own pitfalls. That is why the liquidation of a company involves not only legal experts, but also accounting and tax experts who will supervise the tax audit. Our legal and accounting professionals act as a team to liquidate a company in the most convenient for the client terms.