1.  Whether the mediator operates as a legal entity or as an individual entrepreneur?
2. What are the documents of authorisation of the mediator's operations? You have the right to request access to a copy of the mediator's license for mediation in employment abroad; the Statute or a copy of the State Registration Certificate that specifies "mediation in employment abroad" as a type of business activities; supporting documents on registration in a local Employment Centre in the district of the mediator's office location as a payer of mandatory unemployment insurance charges to the Fund of Mandatory Social Insurance.
3. Whether the mediator has foreign economic contracts with foreign businesses (e.g. an employer or a mediator) on mediation in employment abroad?
4. Whether the Ministry of Labour of Ukraine has information on the above foreign economic contracts?
5. Is there a copy of a permit for employment of Ukrainian nationals, issued to a foreign employer by an authorised body of the country of employment (if the foreign economic contract is concluded with an employer) or a copy of a permit/license issued by an authorised governmental body of the country of employment to a foreign mediator (if the foreign economic contract is concluded with a mediator)?
6. Are these permits legalised?  
7. How and when will payments be made for services of mediation in employment abroad?
8. Is it possible to get contact details of the prospective foreign employer, the mediation company, or the state employment service agency of the country of employment?
   

MANDATORY CONDITIONS FOR BUSINESS OPERATIONS IN THE SPHERE OF MEDIATION IN EMPLOYMENT ABROAD

Mediator means an economic actor, who is duly licensed to provide mediation services in employment abroad according to legislatively set procedures.

Mediation in employment abroad means provision of search for employment services by economic actors, according to employers' job offers (information on vacant jobs) and provision of information and consultative services on employment opportunities, labour conditions, wages (inc. terms of payment), names and locations of employers.

Mediation services in employment abroad may be provided by legal entities and individuals.

Mediation in employment abroad, as a type of business activities must be specified in statutory documents of the economic actor (in the case of a legal entity).

If an individual entrepreneur operates as a mediator, he/she also must have a license on mediation in employment abroad. In addition, the individual entrepreneur must have the Certificate of Registration of the Economic Actor and the Certificate of Payer of the Single Tax. 

The mediator is obliged to register in a local Employment Centre in the district of the office location as a payer of mandatory unemployment insurance charges to the Fund of Mandatory Social Insurance. In the reception office of the mediator, clients should have easy access to relevant legislative acts and phone numbers of the local office of the State Employment Service of Ukraine and the office of the State Committee of Ukraine on Regulation Policy and Businesses.

Mediators provide services in employment abroad at the base of documentary (written) contracts.

A foreign economic contract with a foreign economic actor (an employer or a mediator) on mediation in employment abroad should comply with the due legislation of Ukraine, in particular with Law of Ukraine on Foreign Economic Activities.

In the case of conclusion of a foreign economic contract, the mediator should receive the following documents from a relevant foreign partner:

• a copy of a permit for employment of citizens of Ukraine, issued to the employer by the authorised body of the country of employment if the foreign economic contract is concluded with an employer (except cases of mediation in employment of sailors at ships of foreign owners);

• a copy of a permit/license for provision of mediation services in employment of citizens of Ukraine issued by an authorised governmental body of the country of employment to a foreign mediator (if the foreign economic contract is concluded with a mediator).

The above documents should be certified according to the due legislation of the country of issuance and legalised by a Consulate of Ukraine (besides that, the above documents may be certified by the country's Embassy in Ukraine and legalised by the MFA).

• a draft labour contract, approved by the foreign employer. The draft labour contract must comply with the due legislation of the country of employment and international agreements of Ukraine, it should specify main details of the employer, professional requirements to an employee, information on nature of the job, labour conditions, remuneration, living accommodations at the territory of the country of employment, social welfare arrangements (including insurance), validity terms of the contract, conditions of its renewal and termination, arrangements to cover travel costs, etc.

Documents in foreign languages must be translated to the Ukrainian language and certified by a notary.

In the course of provision of mediation services in employment abroad, the mediator is obliged to conclude a written contract with the client. The contract must include the following information:

• the contract's number, date and location of signature;
• name of the mediator, the number and date of issuance of the license for mediation in employment abroad, address of the mediator;
• information on the client (name, family name, patronymic, place of residence, etc.);
• the subject matter of the contract: provision of services in search of employment abroad;
• place of signature of the labour contract with the employer;
• rights, obligations and liabilities of the parties;
• conditions of amending, termination and annulling the contract;
• dispute settling procedures;
• Force Majeure and actions of the parties under Force Majeure circumstances;
• the list of additional paid services, that may be provided by the mediator;
• terms of validity of the contract;
• official and bank details of the parties.
  

The contract should be made in two copies - one for the client and one for the mediator.

It is necessary to note that the contract should be concluded directly with a mediator in foreign employment, duly licensed for provision of mediation services - not with any other person, who may mediate between you and the mediator in foreign employment. 

In the course of provision of mediation services in employment abroad, the mediator must comply with some particular requirements, set by the due legislation of Ukraine, namely:

• it is prohibited to demand any advance payments for mediation services in employment abroad prior to the final signature of the labour contract between the client and the foreign employer (IMPORTANT! It should be the contract with foreign employer, not with a mediation company!);

• it is prohibited to sell clients contact details of foreign employers, mediation companies, employment agencies of other countries, that are published in mass media sources (including the ones posted on the Internet).