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On External Labour Migration

Original Language Title: Про зовнішню трудову міграцію

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LAW OF UKRAINE

About External Labor Migration

(Information Of The Verkhovna Rada (VR), 2015, No. 49-50, pp. 463)

This Act defines legal and organizational reasons for the state regulation of foreign labour migration and the social protection of Ukrainian citizens abroad (labour migrants) and their families.

Section I
GENERAL PROVISIONS

Article 1. Term Definition

1. In this Act, the following are the following:

(1) The state of stay-the state on which a labor migrant has exercised, commits or intends to exercise, is not prohibited by the legislation of that state;

(2) The external labor migration is the displacement of citizens of Ukraine, associated with the crossing of the state border, with the aim of making paid activities in the state of stay;

3) The reintegration into society is a complex of social, legal, economic and other activities aimed at promoting adaptation in the society of labour migrants and members of their families after returning from the state of stay;

(4) A working migrant is a citizen of Ukraine who exercised or undertake paid activities in a state not prohibited by the legislation of the state;

5) members of a labour migrant family are individuals who are with a labor migrant in marriage, children and other persons who are on his own and are members of the family according to Family Code of Ukraine .

Article 2. Scope of the Act

1. The action of this Act applies to the labour migrants who:

(1) Work on the basis of the employment contract (contract);

(2) self-ensure their work;

(3) provide paid services (work done);

4) carry out other paid activities not banned by the legislation of the state of stay.

2. The action of this Act also applies to the family members of labour migrants.

3. The action of this Act does not apply to:

1) of citizens of Ukraine seeking asylum or received asylum in the state of stay;

(2) Persons who receive education, vocational training and increase qualification abroad, in particular within the educational curricula;

(3) Employees of the diplomatic service and workers of other public authorities working in foreign diplomatic institutions of Ukraine;

(4) persons held by businesses, institutions and organizations to perform work in the state of stay.

Article 3. Legislation on External Labour Migration

1. External labor-migration legislation consists of Constitution of Ukraine , this Act, other acts of legislation governing relations in the sphere of foreign labour migration, as well as international treaties of Ukraine, consent to the duties of the Verkhovna Rada of Ukraine.

2. If the International Treaty of Ukraine, which is granted by the Verkhovna Rada of Ukraine, established a higher level of guarantees than those stipulated by the Act, the norms of the international treaty of Ukraine apply.

Chapter II
STATE REGULATION ON FOREIGN LABOUR MIGRATION

Article 4. The establishment of public policy in the sphere of foreign labour migration

1. Foreign labour policy is based on the principles of ensuring the rights and legitimate interests of labour migrants and members of their families and is carried out on the basis of effective public regulation of the foreign labour processes. Migration.

2. The State provides the implementation of the prescribed rights migrants and members of their families regardless of the traits of race, skin color, political, religious, and other beliefs, gender, ethnic and social origin, property, locations, language, or other features.

Article 5. Public policy on foreign labour migration

1. The State policy on foreign labour migration is carried out in the following areas:

1) to implement effective public regulation of foreign labour migration;

2) to ensure the social and legal protection of the labour migrants and members of their families;

3) implementation of cooperation with the state bodies of foreign states, international and public associations, to be involved in addressing the issues of foreign labour migration;

4. Measures to prevent illegal foreign labour migration;

5) create conditions for return to Ukraine and reintegration into the society of labour migrants and members of their families;

(6) The strengthening of the institutional capacity of foreign diplomatic institutions of Ukraine on the granting of legal, information and other assistance to labour migrants and members of their families in the territory of the state of stay;

7) the failure of the research and information and information activities in the field of foreign labour migration;

8) to improve the building and process of statistical information on the labour migrants and members of their families, as well as monitoring the state of foreign labour migration;

9) promote the pleasure of the national cultural, educational and language needs of the labour migrants and members of their families;

(10) concluded international treaties on the protection of the rights of migrant workers and members of their families in the state of stay.

Article 6. The Executive Committee, which provides the formation and implementation of state policy in the field of foreign labour migration

1. Forming and implementing public policies in the sphere of foreign labour migration within their powers ensure the Cabinet of Ministers of Ukraine, the central authorities, as well as local government administration and local governments. Self-government.

2. The main body in the executive branch system that provides the formation and implementation of state policy in the sphere of foreign labour migration is the central executive body providing formation and implementation of state law. policies in the fields of labour and social policy, employment of population and labour migration.

Article 7. International cooperation in the field of foreign labour migration

1. Central and local executive bodies within their powers ensure the development of cooperation in the sphere of foreign labour migration with the bodies of state of stay and international organizations.

Chapter III
RIGHTS AND SOCIAL GUARANTEES OF LABOUR MIGRANTS AND MEMBERS OF THEIR FAMILIES

Article 8. Rights of employment migrants for proper labour conditions and social protection

1. The rights of labour migrants, in particular on the proper conditions of labour, reward, recreation and social protection, are governed by the legislation of the State of Ukraine and the international treaties of Ukraine.

2. Labour migrants and members of their families can voluntarily participate in the system of public social insurance under the laws of Ukraine.

3. The pension of labour migrants is carried out in accordance with the laws established by the pension provision, and international treaties in the field of pension provision, which is the duty of which provided by the Verkhovna Rada of Ukraine.

4. Pickering about the children of labour migrants and other members of their families who are on their own and remain in the territory of Ukraine is carried out in accordance with the legislation and international treaties of Ukraine, the consent of which provided Verkhovna Rada of Ukraine.

5. Citizens of Ukraine who have carried out paid activities in the State to enter into force under this Act are equal to their rights and the legitimate interests of the labour migrants and their family members.

Article 9. The right of labour migrants and their families to education and confirmation of the results of informal professional training

1. The overall average, vocational and technical and higher education, employment of the migrant workers and members of their families abroad is recognized in Ukraine in accordance with the legislation.

2. Labour migrants and members of their families have the right to confirm the results of informal professional training in accordance with the legislation.

3. Labour migrants and members of their families have the right to gain education in Ukraine in accordance with the legislation.

4. The Central Executive Body, which provides the formation and implementation of public policy in education and science, provides international cooperation on education and ensures the implementation of constitutional law on mandatory general secondary education. the education of the labour migrants and members of their families.

Article 10. State guarantees for consular assistance to labour migrants

1. Ukraine's border diplomatic institutions take measures to ensure that the migrant workers and their families are in full use of the rights provided to them in accordance with the legislation.

2. Consular institutions of Ukraine abroad on a permanent basis are carried out by the reception of citizens, providing free advisory and legal assistance from consular matters, as well as information on international law and national law of foreign countries.

Article 11. Activities in Ukraine established abroad by the foreign community of labour migrants

1. Public associations of labour migrants formed abroad have the right to fail their activities in the territory of Ukraine in accordance with the legislation.

2. Public associations of employment migrants formed abroad can exercise cooperation with the central and local executive and international non-governmental organizations in accordance with the legislation.

Article 12. Promoting the pleasure of national cultural, educational, spiritual and language needs of migrant workers

1. The State promotes the satisfaction of the national and cultural, educational, spiritual and language needs of the migrant workers regardless of the state of stay.

2. The Central Executive Body, which provides the formation and implementation of state policy in the sphere of culture and art, state language policy, provides measures to promote the popularization of the national cultural gain Ukrainian people outside Ukraine.

Article 13. Ensuring the right of labour migrants and their families to information

1. Labour migrants and members of their families have the right to obtain from the central and local executive bodies, to the authority of which belong to the issue of labour migration, information on the conditions of exit and employment abroad, the risks of getting into in situations related to human trafficking, conditions of international treaties of Ukraine regarding labour migration and any other information that raises the level of awareness of citizens on employment issues abroad with regard to the requirements Law of Ukraine "Access to Public Information".

2. Central and local executive bodies within their authority undertake the dissemination of information provided by the first of this article.

Article 14. Reintegration into the society of labour migrants

1. The State promotes reintegration into the society of labour migrants and their families by implementing a complex of social, legal, economic and other measures provided by legislation.

2. Responsible for reintegration of labour migrants is the central executive body that provides the formation and implements government policies in the fields of labour and social policy, employment of population and labour migration.

3. Central and local executive authorities within their powers contribute to the reintegration of labour migrants who have found the intention to return or return to Ukraine.

4. To provide the employment of migrants, the opportunity to familiarize themselves with the state of stay with the terms of return of an informed person is given information on:

1) opportunities and conditions of employment in Ukraine;

2. Assistance provided for economic reintegration;

(3) The preservation of rights acquired abroad in the area of social welfare;

(4) Public-compulsory public social insurance;

5) measures to be made to facilitate the search for housing;

6) to establish the equivalence of professional qualifications received abroad as well as any examinations that need to be compiled to ensure their official recognition;

7) establish the equivalence of educational qualifications to provide children of labour migrants the opportunity to be accepted to school in the same class they attended in the state of stay.

Article 15. The right to migrant labour for damages inflicted during labour in the state of stay.

1. The right of employment migrants to harm in the state of stay (crippling, vocational disease or other health care) is regulated by the law of the state of stay and/or the conditions of the labour force. contract.

2. In the case of the death of a migrant worker, which occurred during the failure of the labour force in the territory of the state of residence, transportation to Ukraine of the body (right) of the deceased is carried out in accordance with the legislation through diplomatic or Consular services in Ukraine.

Chapter IV
LEGAL AND LEGAL BASIS FOR THE IMPLEMENTATION OF PAID ACTIVITIES IN THE STATE OF STAY

Article 16. Employment of a migrant worker in the state of stay

1. The employment of a labour migrant in the state of stay can be carried out:

1) by the executive branch according to the outlined international treaties, the consent of which was provided by the Verkhovna Rada of Ukraine;

2) the subject of the host system, which provides mediation services in employment abroad on the basis of a licence issued under the law;

(3) A working migrant alone.

2. In the case of employment by the executive authorities in accordance with the established international treaties, consent to the obligation provided by the Verkhovna Rada of Ukraine, or the subject of the household, which provides mediation services for employment abroad Based on a license issued in accordance with the law, a Labour migrant before departing for the state, which contributes to the employment of employment, is issued by a contract of employment contract (contract), a foreign employer.

The contract of employment contract (contract) is taught in the Ukrainian language and one or more languages used in the state of stay, and contains obligations that take on a foreign employer, including:

(1) Labour conditions (including to ensure safe and non-harmful conditions), pay (including on the size of the guaranteed wage), the pay deductions;

2) the duration of the working time and time of rest time, the line of action of the labor contract (contract) and the conditions of its break;

3) providing social and medical care, the exercise of social insurance;

4) reimbursement of harm caused by accident in production or temporary inoperability;

5) The repatriation of a labor migrant.

Article 17. Exchange with states to be information on foreign labour migration

1. Central executive bodies within their powers are exercised with the states of being exchanged information on the issues of foreign labour migration, including:

1) the requirements of the legislation in the field of labour migration;

2) volume, directions and dynamics of the labour migration of citizens of Ukraine;

(3) Labour market status;

4) samples of documents issued by the authorized state authorities of Ukraine or foreign state and confirming citizenship, shall pay the identity of the parent, grant the right to enter or leave the country and recognized Ukraine as well as documents provided The right to work in the state of stay;

5) unearthed channels of illegal foreign labour migration and human trafficking.

Article 18. Refunds for migrant labour

1. The revocation of the funds of labour migrants is carried out in accordance with the legislation of the State of Ukraine, unless otherwise provided by international treaties.

2. The State contributes to the establishment of employment migrants conditions for money transfers to Ukraine, in particular part of the opening of the correspondence accounts of the banks of Ukraine in foreign banks and to conduct consultations with major international systems Cash transfers to reduce the number of remittances.

Article 19. Taxation of employment for migrant workers

1. The taxation of the income of labour migrants is carried out in order and size established by the state of stay if the other is not provided by international treaties.

Residents of Ukraine with regard to the norms of international treaties are entitled to account for taxes and fees paid outside of Ukraine, during the calculation of taxes and fees in Ukraine according to the norms set forth. Tax Code of Ukraine .

2. During the stay outside of Ukraine, a labour migrant is obliged to ensure the completeness and timely payment of taxes and property fees located in the territory of Ukraine belonging to it on the right of property or in rent, in particular. The appointment of an authorized person.

3. The avoidance of double taxation of the income of labour migrants is realized by the relevant international treaties of Ukraine.

Section V
STATE CONTROL AND RESPONSIBILITY FOR VIOLATIONS OF LABOUR MIGRATION LEGISLATION

Article 20. Monitoring and responsibility for violations of labour migration legislation

1. Central executive bodies within their own powers carry out state control of the legislation on labour migration.

2. Central and local executive bodies within their authority take measures to prevent illegal foreign labour migration.

3. Household entities that provide mediation services in employment abroad on the basis of a licence issued according to the law, media, other enterprises, agencies and organizations or individuals to spread abroad. The inappropriate information on foreign labour migration, which can cause negative consequences for the labor migrants and their families, is responsible for the law.

4. The officers are responsible for the violation of this Act under the law.

Chapter VI
FINAL POSITIONS

1. This Act is effective from 1 January 2016, except Item 2 This is the section that takes effect from the day of publication of this Act.

2. The Cabinet of Ministers of Ukraine in a two-month period from the day of publication of this Act:

To bring their legal and legal acts into compliance with the Act;

To develop regulatory and legal acts necessary to ensure the implementation of this Act;

Provide a revision and enforcement of the ministries and other central executive bodies of their normative acts in compliance with the Act.

President of Ukraine

PZERN

Um ... Kyoto
November 5, 2015
No. 761-VIII