Social insurance for foreign workers in Ukraine: legal safeguards

The protection of workers’ rights through the introduction of insurance is a key element of the state’s social policy. Human capital is the most important factor in development, having a direct impact on the economy. In the context of globalisation and the international mobility of workers, the issue of social insurance for foreign nationals is becoming increasingly relevant.

Undoubtedly, the war against Ukraine has led to an outflow of labour from Ukraine, with foreign workers returning to their countries of citizenship. However, as of 2024, a significant number of foreign nationals continue to work in our country in official positions and make a substantial contribution to the national economy. As regards the recruitment of new foreign workers, according to official statistics for 2023, 2,330 work permits were issued in Kyiv to citizens of Turkey, Uzbekistan, China, the USA and the United Kingdom. Among the types of economic activity in which foreigners are most frequently employed, the following predominate: wholesale and retail trade; repair of motor vehicles and motorcycles; construction; information and telecommunications; professional, scientific and technical activities; and temporary accommodation and catering services.

The trend towards recruiting foreign workers is on the rise and requires comprehensive and relevant regulation.

In this article, we will examine the mechanism for providing social insurance to foreign workers in Ukraine, the difficulties associated with this, and the guarantees provided by the state.

What is social insurance?

Social insurance is a system of rights, obligations and guarantees that provides for insurance payments and the provision of social services in connection with temporary incapacity for work, accidents at work and occupational diseases that have resulted in incapacity for work.

In Ukraine, the main legislative acts governing social insurance are the Law of Ukraine ‘On Compulsory State Social Insurance’, the Labour Code of Ukraine (LCU) and other regulatory and legal acts.

Specifics of social insurance for foreign nationals

Foreign workers are persons who are not citizens of Ukraine but work within its territory. To regularise their status in Ukraine, foreign workers must obtain a work permit.

In accordance with the Constitution of Ukraine, foreigners and stateless persons lawfully residing in Ukraine enjoy the same rights and freedoms and bear the same obligations as citizens of Ukraine, subject to the exceptions set out in the Constitution, the laws or international treaties of Ukraine.

Author: Maksym Kinash
. Read the full article on the ‘Yurydychna Gazeta’ website here.