The person without a place of registration. Is it legal to refuse it employment?
According to the provisions of the Labor Code of Ukraine, when entering into an employment contract, a citizen must provide a passport or other identity document, a work record, and in cases stipulated by law, also a document on education, health status and other documents.
Article 25 of the same Code states that when entering into an employment contract, it is prohibited to require people who are applying for a job to provide information about their party and national affiliation, origin, registration of their place of residence and documents that are not provided for by law.
In addition, the law "On freedom of movement and free choice of place of residence in Ukraine" states that registration of a person's place of residence or its absence cannot be a condition for the realization of rights and freedoms or a basis for their restriction.
Therefore, an employer cannot refuse to conclude an employment contract for a person just because they do not have a place of residence registration. If person does, it breaking the law.
However, it should be recalled that Ukrainians, as well as foreigners or stateless persons permanently or temporarily residing in Ukraine, are required to register their new place of residence within 30 calendar days after de-registering their place of residence. This rule is new. Previously, registration was given only 10 days.
For living without registration and for late "registration", a fine was previously imposed in the amount of 17 to 51 hrn. According to the new procedure, a citizen who violates the registration deadline for the first time faces a warning. If such an offense is repeated at the next change of place of residence within a year, then a fine is already imposed.
Is there a difference between the concepts of "registration of a place of residence" and the well-known "residence permit" since Soviet times?
There is a fundamental difference between these procedures. The Soviet residence permit was of a permissive nature. It served as a function of assigning the population to a certain administrative unit. The residence permit allowed additional residents to move in and stay, without taking into account the living space, only in relation to close relatives.
14 November 2001 the Constitutional Court of Ukraine abolished the administrative and permissive institution of registration. Now, when registering a place of residence, there are no restrictions on the necessary sanitary standards of living space and the number of registered persons in one residential building.
A person chooses own place of residence and only informs the state about it. The state does not have any powers restricting the right to freely choose a place of residence.
Всё очень доступно. Спасибо за розъяснение.
Add a review
Armadum Lawyers is a dynamic corporate organization focused on monitoring changes in the legal field and finding new solutions for our clients.