13700

21.12.2015

Kyiv Employment Center refuses to issue work permit despite court rulings

Other issues Kyiv

Subject of Complaint: Kyiv Municipal Employment Center
Complaint in brief: On August 30, 2015, the BOC received a complaint from a private enterprise about the municipal employment center denying a work permit to a Korean citizen. The Complainant had provided the KMEC with all the necessary documents for a work permit in October 2014, but the request was rejected because the background check document was considered invalid. When the Complainant brought the case to the District Administrative Court of Kyiv in April 2015, the Court ruled in his favor. The KMEC appealed to the Kyiv Administrative Court of Appeal, which also ruled in the Complainant’s favor. The KMEC still refused to issue the work permit, preventing the Complainant’s company from operating normally.
Action taken: After reviewing work permit regulations, the BOC determined that the reason given for denying the permit was not valid. Because of the decision of the Kyiv Administrative Court of Appeal, the Complainant also had an enforceable court ruling in his favor. With these facts, the BOC held two meeting with the director of the State Employment Center, who agreed that the KMEC had acted inappropriately. In October 2015, the investigator brought all of this information to KMEC.
Result achieved: Due to BOC’s intervention, the Complainant received a work permit for one year less than in 2 months since submitting a complaint to the Council.

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