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Penalties for non-compliance with the employment quota for people with disabilities will be abolished

16/ 12/ 2021
  Instead, employers are offered either to create jobs at the level of 4% of employees or to pay a target contribution to support the employment of people with disabilities in the amount of 40% of the average monthly salary in the company. This was announced by the EBA representatives during a meeting with Tetyana Lomakina, Advisor – Commissioner of the President of Ukraine for the Barrier-Free Environment, and Oksana Zholnovich, Head of the Department of Social Policy and Health at the Office of the President of Ukraine. Besides, the participants discussed other novelties included in the working version of the updated draft law on the reform of employment of persons with disabilities (the draft law has not yet been registered in Parliament), namely: ·       compliance with the standard of jobs for the employment of persons with disabilities, except for direct employment or payment of contributions, will be possible (in part) by purchasing goods and services from companies of labor integration of persons with disabilities, as well as taking persons with disabilities for internships; ·       the calculation of the standard of jobs will not include full-time employees whose work is associated with dangerous or harmful working conditions, but persons with disabilities of group I and persons with disabilities of group II with visual and/or hearing impairments or intellectual or mental disorders will be counted as one an employee with a disability for two full-time employees; ·       the finance of the State Fund for Social Protection of Persons with Disabilities (which are planned to replace the existing Fund for Social Protection of Persons with Disabilities) can be used by the employer to provide social services of social support for employment and workplace; ·       the concept of smart adaptation of the workplace for a person with disabilities, which must be provided by the employer, namely: modification of buildings and premises, modification of existing and purchase of new equipment and compensating devices, permission to perform certain work from home, etc. It will be recalled that in the spring of this year, four draft laws were registered in the parliament to increase employment among people with disabilities. We are talking about draft law №5344 On Amendments to Certain Laws of Ukraine on Creating Favorable Conditions for Employment of Persons with Disabilities and three alternatives. Each of them contained progressive positive novelties but at the same time had a range of contradictory provisions that could upset the balance of interests of different stakeholders. On June 30, the Verkhovna Rada Committee on Social Policy and Protection of Veterans Rights decided to take as a basis an alternative draft law №5433-3 and set up a working group to develop a new document, which included representatives of the European Business Association. The Association thanks the representatives of the Office of the President of Ukraine for taking into account business proposals. We hope that the ongoing dialogue will continue, and the draft law with the proposed changes and some other amendments will be shortly registered in Parliament.   Be the first to learn about the latest EBA news with our Telegram-channel – EBAUkraine.

Instead, employers are offered either to create jobs at the level of 4% of employees or to pay a target contribution to support the employment of people with disabilities in the amount of 40% of the average monthly salary in the company. This was announced by the EBA representatives during a meeting with Tetyana Lomakina, Advisor – Commissioner of the President of Ukraine for the Barrier-Free Environment, and Oksana Zholnovich, Head of the Department of Social Policy and Health at the Office of the President of Ukraine.

Besides, the participants discussed other novelties included in the working version of the updated draft law on the reform of employment of persons with disabilities (the draft law has not yet been registered in Parliament), namely:

·       compliance with the standard of jobs for the employment of persons with disabilities, except for direct employment or payment of contributions, will be possible (in part) by purchasing goods and services from companies of labor integration of persons with disabilities, as well as taking persons with disabilities for internships;

·       the calculation of the standard of jobs will not include full-time employees whose work is associated with dangerous or harmful working conditions, but persons with disabilities of group I and persons with disabilities of group II with visual and/or hearing impairments or intellectual or mental disorders will be counted as one an employee with a disability for two full-time employees;

·       the finance of the State Fund for Social Protection of Persons with Disabilities (which are planned to replace the existing Fund for Social Protection of Persons with Disabilities) can be used by the employer to provide social services of social support for employment and workplace;

·       the concept of “smart adaptation” of the workplace for a person with disabilities, which must be provided by the employer, namely: modification of buildings and premises, modification of existing and purchase of new equipment and compensating devices, permission to perform certain work from home, etc.

It will be recalled that in the spring of this year, four draft laws were registered in the parliament to increase employment among people with disabilities. We are talking about draft law №5344 “On Amendments to Certain Laws of Ukraine on Creating Favorable Conditions for Employment of Persons with Disabilities” and three alternatives. Each of them contained progressive positive novelties but at the same time had a range of contradictory provisions that could upset the balance of interests of different stakeholders. On June 30, the Verkhovna Rada Committee on Social Policy and Protection of Veterans’ Rights decided to take as a basis an alternative draft law №5433-3 and set up a working group to develop a new document, which included representatives of the European Business Association.

The Association thanks the representatives of the Office of the President of Ukraine for taking into account business proposals. We hope that the ongoing dialogue will continue, and the draft law with the proposed changes and some other amendments will be shortly registered in Parliament.

 

Be the first to learn about the latest EBA news with our Telegram-channel EBAUkraine.

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