Legal regulation of the labor migration

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Legal regulation of the labor migration 10.08.2016 17:14

There are internal and external labor migrations. Internal migration is implemented within a country, while foreign migrant workers involve leaving the territory of the country, to take up well-paid employment abroad. Recently, the popularity of external labor migration began to increase. Nowadays almost every average Ukrainian thinks about it. There are a lot of factors of such situation in our country: political, economic, social, living conditions and salaries. Accordingly, people decide to go abroad for better conditions.

The labor migration

Until recently, one of the problems of the labor migration was the absence of the only legal act that would regulate all organizational issues of movement, employment and social protection of citizens of Ukraine who are abroad. The adoption of the Law of Ukraine «On external labor migration» from 5.11.2015 № 761-VIII, which came into force on 01.01.2016 (Law number 761) had solved this problem.

Another way of regulation of the labor migration is the direct conclusion of international legal contracts between the countries. It is established that, both in Ukraine and in most countries, the priority of international law over national legislation is recognized. During recent years Ukraine has entered into agreements with such countries as Poland, Germany, Czech Republic, Israel, Russia and Moldova.

Adjusting the volume and structure of migration flows, the formation and implementation of the state policy in the sphere of the labor migration are the duties of Cabinet of Ministers of Ukraine, central executive bodies and local state administrations and local governments.

Migrant worker

According to the P.4 Act.1 of the Law №761, the migrant worker is a citizen of Ukraine who is, or was conducting paid work in the other State, not prohibited by the laws of that state. A person is considered to be a migrant worker if he is working under an employment agreement (contract), independently provides a work, providing paid services or provides other remunerated activity not prohibited by the legislation of the host country.

At the same time it is noted that the Law does not apply to:

citizens of Ukraine who seek asylum or to take asylum in the host country;
persons who receive education, training and professional skills abroad;
employee of Diplomatic Service and other state authorities working in foreign diplomatic institutions of Ukraine;
people who are on a business trip abroad.

Migrant worker has the right to appeal to the central authorities to get information about the issues of the labor migration, including:

the legal requirements on the labor migration;
the extent, direction and dynamics of the labor migration in Ukraine;
the labor market;
sample of the documents issued by the authorized state bodies of Ukraine or a foreign country and proof of citizenship, identity bearer, entitling them to enter or leave the state and recognized Ukraine as well as documents that give the right to pursue employment in country of residence;
detected illegal channels of foreign labor migration and human trafficking. (Art. 17 of the Law №761).

Protecting the rights of migrants

According to the Section V of the Law №761, central authorities within their powers exercise state control over observance of legislation on the labor migration. Central and local authorities within their powers take measures to prevent illegal foreign labor migration. Entities that provide mediation in employment abroad under license in the event of negative consequences for migrant workers and their families are responsible under the law.

The main documents required for emigration

In order to go abroad legally for a long period for employment you must obtain a long-term visa. One can apply for this visa to the Point for application form (PAF) or to the Embassy/Consulate of the country in which you intend to work in Ukraine. Along with the application you must provide the following documents:

Visa application form filled out in Latin letters (in Polish, English or Ukrainian in transliteration) and signed personally by the applicant.
Two (in case of submission to PAF in Kiev) color photographs.
A passport signed by applicant that meets the following requirements:

- Valid at least for 3 months after the last scheduled departure from the country (applies only to EU countries);

- Contain at least two blank pages (for visas) issued not earlier than 10 years ago.

- In the case of other passports, they need to be added to the application (original and copy).

Additionally, you must provide a statement of absence / presence of other passports.
Copies of the first information page of the passport, copies of Schengen visas in the past 3 years, national visas for the last 5 years, and copies of the all stamps of entry / exit visas on these.
Internal passport - original and copy of all pages with notes. According to Art.16 and Art.18 of the Supreme Council of Ukraine passports within 1 month from the date of change of surname, passport must be changed.
The original and copy of medical insurance that meets the following requirements:

- Coverage area - Europe, Schengen or the world, the amount of coverage per person - € 30,000, the amount of the franchise should not exceed 150 €;

- Insurance should only be printed typewritten;

- All details of the applicant in the insurance policy must be correct (name, full home address of residence, number of the passport and birth date).

- The insurance policy shall state the information that the «Insurance coverage is provided under a foreign health insurance according to the country you are traveling to».

Employment of migrant workers

According to Art.16 of the Law №761, employment of migrant workers in the receiving state can be:

executive agencies pursuant to signed international treaties ratified by the Verkhovna Rada of Ukraine;
entity that provides services for mediation in employment abroad under a license issued pursuant to law;
labor migrants by themselves.

When hiring by the executive agencies according to signed international treaties ratified by the Verkhovna Rada of Ukraine or hiring by the entity that provides services for mediation in employment abroad under a license issued according to law, the project of the labor agreement (contract), certified by the foreign employer, is issued to migrant workers leaving the state to the host country, by the party that promotes employment.

The project labor agreement (contract) is given in Ukrainian and one or more of the languages used in the State, and contains the commitments assumed by the foreign employer, in particular regarding:

working conditions (including the provision of safe and harmless working conditions);
remuneration (including the size of the guaranteed salary), deductions from wages;
hours of work and rest periods;
the term of the employment agreement (contract) and the conditions for its dissolution;
social and medical assistance, the implementation of social security;
damages caused to health as a result of an industrial accident or temporary disability;
repatriation of migrant workers.

So, given the above, we can conclude that the process of moving to another country for work pretty is long and hard, that’s why without the help of experienced professionals who know all the nuances of the law of our country and are able to investigate the specific laws of foreign countries it will be difficult to do. Moreover, there is a risk to get into trouble or even dangerous situation, so you should take care about your security. None will help you better in this, then qualified lawyers of «AРС» company.

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