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LAW OF UKRAINE

of November 5, 2015 No. 761-VIII

About external labor migration

(as amended on 20-03-2023)

This Law determines legal and organizational basis of state regulation of external labor migration and social protection of citizens of Ukraine abroad (labor migrants) and members of their families.

Section I General provisions

Article 1. Determinations of terms

1. In this Law the terms below are used in such value:

1) the state of stay - the state in the territory of which the labor migrant made performs or intends to perform the paid activities which are not forbidden by the legislation of this state;

2) external labor migration - the movement of citizens of Ukraine connected with crossing of frontier for the purpose of implementation of paid activities in the state of stay;

3) reintegration into society - complex of the social, legal, economic and other actions directed to assistance of adaptation in the company of labor migrants and members of their families after return from the state of stay;

4) the labor migrant - the citizen of Ukraine who performed performs or will perform the paid activities in the state of stay which are not forbidden by the legislation of this state;

5) members of the family of the labor migrant - persons who are with the labor migrant in scrap, children and other persons who are in its dependence and family members according to the Family code of Ukraine.

Article 2. Law coverage

1. Operation of this Law extends to labor migrants who:

1) work at the basis of the employment contract (contract);

2) independently provide themselves with work;

3) render the paid services (performing works);

4) perform other paid activities which are not forbidden by the legislation of the state of stay.

2. Operation of this Law extends also to members of families of labor migrants.

3. Operation of this Law does not extend on:

1) citizens of Ukraine who look for shelter or were granted asylum in the state of stay;

2) persons who get education professional training and improve skills abroad, within educational programs;

3) employees of diplomatic service and employees of other public authorities which work in foreign diplomatic organizations of Ukraine;

4) persons sent by the companies, organizations and the organizations for performance of work in the state of stay.

Article 3. Legislation on external labor migration

1. The legislation on external labor migration consists of the Constitution of Ukraine, this Law, other acts of the legislation governing the relations in the sphere of external labor migration, and also international treaties of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine.

2. If the international treaty of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine determines higher level of guarantees by what those which are provided by this Law regulations of the international treaty of Ukraine are applied.

The Section II State regulation in the sphere of external labor migration

Article 4. The principles of state policy in the sphere of external labor migration

1. State policy in the sphere of external labor migration is based on the principles of providing the rights and legitimate interests of labor migrants and members of their families and is performed on the principles of effective state regulation of processes of external labor migration.

2. The state provides realization of the rights of labor migrants and members of their families provided in this Law irrespective of signs of race, skin color, political, religious and other convictions, floor, ethnic and social origin, property status, the residence, language or other signs.

Article 5. State policy in the sphere of external labor migration

1. State policy in the sphere of external labor migration is performed in the following directions:

1) implementation of effective state regulation of external labor migration;

2) providing social and legal protection of labor migrants and members of their families;

3) implementation of cooperation with state bodies of foreign states, the international and public associations interested in the solution of questions of external labor migration;

4) implementation of measures for prevention of illegal external labor migration;

5) creation of conditions for return to Ukraine and reintegration into society of labor migrants and members of their families;

6) strengthening of institutional capability of foreign diplomatic organizations of Ukraine concerning provision of legal, information and other assistance to labor migrants and members of their families in the territory of the state of stay;

7) implementation of research and information and explanatory activities in the sphere of external labor migration;

8) enhancement of system of collection and processing of statistical information of rather labor migrants and members of their families, and also monitoring of condition of external labor migration;

9) assistance to satisfaction of national and cultural, educational and language needs of labor migrants and members of their families;

10) the conclusion of international treaties concerning protection of the rights of labor migrants and members of their families in the state of stay.

Article 6. The executive bodies providing forming and realizing state policy in the sphere of external labor migration

1. Forming and realization of state policy in the sphere of external labor migration within the powers are provided by the Cabinet of Ministers of Ukraine, the central executive bodies, and also local public administrations and local government bodies.

2. The principal organ in system of the central executive bodies providing forming and realizing state policy in the sphere of external labor migration is the central executive body which provides forming and realizes state policy in the sphere of work, employment of the population and labor migration.

Article 7. International cooperation in the sphere of external labor migration

1. Central and local executive bodies within the powers provide development of cooperation in the sphere of external labor migration with bodies of the state of stay and the international organizations.

Section III of the Right and social guarantees of labor migrants and members of their families

Article 8. Rights of labor migrants to proper working conditions and social protection

1. The rights of labor migrants, in particular on proper working conditions, remuneration, rest and social protection, are regulated by the legislation of the state of stay and international treaties of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine.

2. Labor migrants and members of their families can voluntarily participate in system of obligatory national social insurance according to the laws of Ukraine.

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