Entry regime to Ukraine for foreign citizens
The visa requirements in Ukraine vary based on the nationality of the foreigner. Ukraine maintains a visa-free regime with specific countries, whereas citizens of other nations are required to apply for a visa prior to their trips.
You can check whether you need a visa to enter Ukraine on the website of the Ministry of Foreign Affairs of Ukraine. Individuals from visa-exempt countries are entitled to a stay in Ukraine for a maximum of 90 days within any 180-day period.
In the absence of a visa-free arrangement, individuals from other countries must possess the necessary set of documents for entry, which includes a passport, evidence of the trip's purpose, financial means, and a visa.
Employment
According to the labour law of Ukraine, the possible ways of employment are as follows:
Typically, the standard duration of a workweek is limited to 40 hours, usually spread across five days. However, an employer has the option to implement a six-day workweek, with the condition that employees are not allowed to exceed seven hours of work per day.
An employment agreement or employment contract
Ukrainian labor law provides for several types of agreements between employees and employers. In some cases, a contract may be concluded instead of a standard employment agreement. By its nature, it is a type of employment agreement that provides for a higher degree of contractual freedom. An employment contract can only be concluded with certain categories of employees, such as a company director or a foreign employee. In such a contract, the term of its validity, rights, obligations and liability of the parties (including financial liability), conditions of material support and organization of work of the employee, conditions of termination of the contract, including early termination, may be established by agreement of the parties.
During the COVID-19 pandemic, Ukraine introduced more transparent and adaptive regulations for remote and home-based work. These changes continued to be in effect during the introduction of martial law.
Civil law contracts
Apart from an employment agreement or contract, companies have the option to engage personnel through civil law contracts. In such arrangements, the contractor commits to delivering specific services or completing designated tasks on behalf of the client, using either their own resources or materials provided by the client.
Under such agreements, private entrepreneurs are often involved who have been granted a simplified taxation system . It should be noted that the Engagement of personnel through civil law contracts falls within a regulatory grey area and involves significant risks related to potential sham employment situations.
Employment contract with non-fixed working hours
An employment agreement featuring variable working hours is a unique contract wherein no specific timeframe is predetermined for work completion. The employee's obligation to work arises only when the employer offers tasks outlined in the contract, without a guarantee of continuous work provision. However, terms of compensation are ensured to be met in accordance with the agreement.
Gig-contract
A Gig-contract refers to a unique type of civil law agreement that can be entered into between a gig-specialist, predominantly individuals in the IT field, and a company holding the Diia City resident status. Diia City represents a distinctive tax and employment framework for IT enterprises, applicable upon their registration as Diia City residents.
Work Permits for foreign employees
To legally employ a foreigner in Ukraine, the employer must obtain a work permit from the Employment Center, which remains valid for six months to three years and is indefinitely renewable upon expiration. The employer may be either a legal entity or an individual entrepreneur.
Additionally, ensuring the prompt distribution of salary and handling other financial transactions for a foreign employee, which includes covering their taxes and fees, usually requires obtaining a Ukrainian tax number issued by the tax authorities of Ukraine.
Hiring a foreigner without a valid work permit is against the law and carries legal consequences. Nevertheless, certain exceptions exist. Specifically, a work permit is not mandatory for the employment of:
In response to the assistance extended by Poland to Ukraine and the Ukrainian people amid Russia's invasion, Ukraine has streamlined the regulations for the employment and temporary residence of Polish citizens. For instance, a work permit is no longer a requirement.