Publication date: 25.04.2024
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Labor rights of persons with disabilities: caveats of the labor inspectorate
Persons with disabilities in our country have the full range of socio-economic, political, personal rights and freedoms enshrined in legislative acts.
In accordance with the Law of Ukraine of March 21, 1991 No. 875-XII "On the Basics of Social Protection of People with Disabilities in Ukraine" (hereinafter - Law No. 875), in order to realize the creative and productive abilities of people with disabilities and taking into account individual rehabilitation programs, they are provided with the right to work at enterprises, institutions, organizations, as well as engage in entrepreneurial and other labor activities that are not prohibited by law.
Guarantees for persons with disabilities and obligations of employers
Article 18 of Law No. 875 stipulates that enterprises, institutions, organizations, and natural persons that use hired labor are obliged to allocate and create workplaces for the employment of persons with disabilities, in particular special workplaces. In addition, create working conditions for persons with disabilities taking into account individual rehabilitation programs and provide other social and economic guarantees provided for by current legislation. In accordance with Article 19 of Law No. 875, a standard of 4% of the average number of full-time employees of the accounting staff per year is established for enterprises, and if they employ from 8 to 25 people, then one workplace.Article 12 of the Law of Ukraine dated October 14, 1992 No. 2694-XII "On Labor Protection" stipulates that enterprises that use the labor of persons with disabilities are obliged to create working conditions for them, taking into account the recommendations of the medical and social expert commission and individual rehabilitation programs , take additional labor safety measures that correspond to the specific characteristics of this category of workers.
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Providing information about health status during employment
In accordance with the second part of Article 24 of the Labor Code of Ukraine (hereinafter referred to as the Labor Code), when concluding an employment contract, a citizen must submit a passport or other identity document, an employment book, and in cases provided for by law, also documents about education ( specialty, qualification), about the state of health and others, then a person with a disability at the time of employment must submit documents that confirm the disability, namely: a certificate from the medical and social expert commission (hereinafter referred to as the MSEK) and an extract from the inspection report at the MSEK; individual rehabilitation program for a person with a disability.
About an individual approach to setting the work mode
Also, according to Article 172 of the Labor Code, a person with a disability may, at will or according to the requirements of an individual rehabilitation program, have a working regime under the conditions of a part-time working day (part-time working week) and preferential working conditions.If the MSEK recommendations indicate that a person with a disability can work at his position under the conditions of reduced working hours, the employer is obliged to set him part-time working hours at the request of the employee. For this, the employee must submit an application to establish part-time working hours, and the employer must issue a corresponding order.
If the employee does not agree to transfer him to part-time work, the employer does not have the right to unilaterally set him part-time. Part-time working hours can be established by reducing the duration of daily work, the number of working days during the week, or simultaneously by reducing both the number of working hours per day and the number of working days.
The employer is obliged, at the request of the employee entitled to part-time work, to establish working hours of the duration requested by the employee. In these cases, wages are paid in proportion to the time worked or depending on production.
In accordance with Article 56 of the Labor Code, part-time work does not entail any restrictions on the scope of employees' labor rights.
