Departure of a foreigner abroad: what should an employer do?

The actions of an employer when a foreign employee travels abroad depend on whether the employment relationship with the employee continues or is terminated.

• Departure Without Termination of Employment

If the employment agreement (contract) or gig contract remains in effect despite the employee's departure abroad, the employer must consider several key aspects:

1. Notification of Departure: The employer should receive an official notification from the employee about the planned departure, particularly if it will impact the performance of their job duties.

2. Document Verification: Ensure the employee has all necessary documents for travel and return, including a valid residence permit and work authorization.

3. Leave or Business Trip: Determine whether the departure constitutes leave, a business trip, or another form of absence, and prepare the appropriate documentation in accordance with labor laws.

4. Compliance with Legislation: Ensure that the employee’s departure does not violate the terms of the employment agreement or the requirements of Ukrainian legislation.

5. Work Process Planning: Organize the work process in a way that the employee’s absence does not adversely affect the company’s operations.

• Departure With Termination of Employment Relationship

If the employment agreement (contract) or gig contract with the foreign employee is terminated due to their departure abroad, the employer must:

1. Notify the State Employment Service: Inform the State Employment Service about the termination of the employment relationship.

2. Initiate Revocation of Work Authorization: Termination of the contract serves as grounds for canceling the foreign worker's permit to work.

3. Inform the State Migration Service (SMS): Notify the SMS about the termination of the agreement or contract.

4. Submit an Application to Cancel the Temporary Residence Permit: File an application with the SMS to cancel the temporary residence permit due to the employee’s dismissal. It is recommended to state reasons, such as urgent departure due to personal circumstances or martial law.

5. Return the Temporary Residence Permit: Return the permit to the state by submitting it to the regional SMS office.