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There can be one step closer to the reform for employment of persons with disabilities

29/ 11/ 2022
  Draft Law No. 5344-d on ensuring the rights of persons with disabilities to work has been registered in the Verkhovna Rada. In fact, the document is a consolidated version of several draft laws to promote the employment of persons with disabilities, which were registered and actively considered in 2021. For almost 2 years, the European Business Association has been actively cooperating with government officials to study the best international practices of employment of persons with disabilities and their optimal application in Ukrainian realities. So, what problems does draft law No. 5344-d solve? It is proposed to leave the norm of employment of persons with disabilities at the level of 4%, but to exempt from its implementation enterprises with less than 25 employees. This will help support the development of micro and small businesses. There are more possibilities to meet the standard for the employment of persons with disabilities which now includes internships, but the standard does not include employees whose work is associated with difficult, harmful, or dangerous working conditions, according to the definition of the Cabinet of Ministers. It is proposed to return the obligation for employers to submit annual reports on the employment of persons with disabilities, as well as to introduce quarterly reporting. It should be recalled that the recently adopted Law №2682-IX on simplification of accounting of jobs for persons with disabilities abolished the obligation to submit such a report, which on the one hand is a step of deregulation, but at the same time makes the employer vulnerable to automatic fines for non-compliance with the quota and at the time of inspection by the controlling authorities of compliance with the quota for the employment of persons with disabilities. The system of administrative and economic sanctions for employers for failure to meet the standard of jobs is replaced by the payment of a monthly contribution to support the employment of persons with disabilities. The amount of the contribution will be calculated based on 40% of the average salary at the enterprise and the difference between the number of employees to be employed in accordance with the quota and the actual number of employed persons with disabilities. Compared to the current approach, the employer will have to pay less for not employing persons with disabilities, and for the period of martial law, the contribution will be 50%. It is proposed to create a separate State Trust Fund for the Social Protection of Persons with Disabilities within the State Budget of Ukraine. It will be filled, among other things, by contributions and fines for violations of the law from employers and will be used exclusively for the needs of promoting the employment of persons with disabilities. This will help to increase the consistently low funding of measures in the field of vocational rehabilitation and employment of persons with disabilities, which previously went to the Fund for Social Protection of Persons with Disabilities. Meanwhile, the draft law has some provisions that need to be improved. Thus, we are talking about clarifying the deadlines for submitting reports on a quarterly basis, as well as regulating the process of staff optimization at enterprises due to the difficult economic situation during the war and the possibility of preferential employment of persons with disabilities. According to our information, draft law No. 5344-d is planned to be voted on in the first reading this week. Therefore, the European Business Association appeals to MPs to support the document and ensure its qualitative revision before the second reading.

Draft Law No. 5344-d on ensuring the rights of persons with disabilities to work has been registered in the Verkhovna Rada. In fact, the document is a consolidated version of several draft laws to promote the employment of persons with disabilities, which were registered and actively considered in 2021.

For almost 2 years, the European Business Association has been actively cooperating with government officials to study the best international practices of employment of persons with disabilities and their optimal application in Ukrainian realities.

So, what problems does draft law No. 5344-d solve?

  1. It is proposed to leave the norm of employment of persons with disabilities at the level of 4%, but to exempt from its implementation enterprises with less than 25 employees. This will help support the development of micro and small businesses.
  2. There are more possibilities to meet the standard for the employment of persons with disabilities which now includes internships, but the standard does not include employees whose work is associated with difficult, harmful, or dangerous working conditions, according to the definition of the Cabinet of Ministers.
  3. It is proposed to return the obligation for employers to submit annual reports on the employment of persons with disabilities, as well as to introduce quarterly reporting. It should be recalled that the recently adopted Law №2682-IX on simplification of accounting of jobs for persons with disabilities abolished the obligation to submit such a report, which on the one hand is a step of deregulation, but at the same time makes the employer vulnerable to automatic fines for non-compliance with the quota and at the time of inspection by the controlling authorities of compliance with the quota for the employment of persons with disabilities.
  4. The system of administrative and economic sanctions for employers for failure to meet the standard of jobs is replaced by the payment of a monthly contribution to support the employment of persons with disabilities. The amount of the contribution will be calculated based on 40% of the average salary at the enterprise and the difference between the number of employees to be employed in accordance with the quota and the actual number of employed persons with disabilities. Compared to the current approach, the employer will have to pay less for not employing persons with disabilities, and for the period of martial law, the contribution will be 50%.
  5. It is proposed to create a separate State Trust Fund for the Social Protection of Persons with Disabilities within the State Budget of Ukraine. It will be filled, among other things, by contributions and fines for violations of the law from employers and will be used exclusively for the needs of promoting the employment of persons with disabilities. This will help to increase the consistently low funding of measures in the field of vocational rehabilitation and employment of persons with disabilities, which previously went to the Fund for Social Protection of Persons with Disabilities.

Meanwhile, the draft law has some provisions that need to be improved. Thus, we are talking about clarifying the deadlines for submitting reports on a quarterly basis, as well as regulating the process of staff optimization at enterprises due to the difficult economic situation during the war and the possibility of preferential employment of persons with disabilities.

According to our information, draft law No. 5344-d is planned to be voted on in the first reading this week. Therefore, the European Business Association appeals to MPs to support the document and ensure its qualitative revision before the second reading.

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