Publication date: 28.04.2024
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Regarding employers' fulfillment of workplace standards for employment of persons with disabilities
According to Article 19 of the Law of Ukraine of March 21, 1991 No. 875-XII "On the Basics of Social Protection of Persons with Disabilities in Ukraine" (hereinafter - Law No. 875-XII) for enterprises, institutions, organizations, including enterprises, organizations of public associations of persons with disabilities, natural persons who use hired labor, the norm of workplaces for employment of persons with disabilities is established in the amount of 4 percent of the average number of full-time employees of the accounting staff for a year, and if there are 8 to 25 people employed, in the amount of one worker places
Thus, enterprises, institutions and organizations, private entrepreneurs who use hired labor, with an average number of full-time employees of the accounting staff per year from 8 to 25 people must provide one workplace for the employment of persons with disabilities.
If the average registered number of full-time employees is 25 or more people, then the standard of workplaces for employment of persons with disabilities is 4% of the average registered number of full-time employees of the accounting staff for a year. If the average annual number of full-time employees is 7 (or less than 7) people, then such an employer does not fall under the standard, and accordingly, is not obliged to create workplaces for the employment of persons with disabilities.The procedure for calculating the average accounting number of full-time employees is defined in the Instruction on statistics of the number of employees, approved by the order of the State Committee of Statistics dated September 28, 2005 No. 286 (hereinafter - Instruction No. 286).
Official clarifications regarding the calculation of the average accounting number of full-time employees
Additional explanations regarding the calculation of the average accounting number of full-time employees at the time were provided:
• in the letter of the State Committee of Statistics dated March 27, 2006 No. 09/3-9/116;
• in the letter of the Ministry of Social Policy dated May 4, 2016 No. 108/19/71-16 (contains examples of calculations);
• in the letter of the State Statistics Service dated July 4, 2014 No. 09.3-6/145-14 (order of inclusion in the accounting number of employees undergoing military service under conscription during mobilization).
The question of whether there is an obligation to fulfill the standard of workplaces for the employment of persons with disabilities should be decided directly by the employer, taking into account the change in the number of employees in accordance with the requirements of Art. 19 of Law No. 875-XII.Separately, we draw your attention to the fact that, in accordance with the amendments of November 6, 2022, Article 19 of Law No. 875 establishes that the Pension Fund of Ukraine in the order and in the form established by the Pension Fund of Ukraine in agreement with the central executive body, which ensures the formation of state policy in in the field of social protection of the population, provides the Fund for Social Protection of Persons with Disabilities with information:
• about employed persons with disabilities;
• on the creation of workplaces for persons with disabilities by enterprises, institutions, organizations, and individuals who use hired labor, on employment and employment of persons with disabilities;
• necessary for calculating the number of jobs for the employment of persons with disabilities by enterprises, institutions, organizations, individuals who use hired labor, in accordance with the standard established by the first part of Article 19 of Law No. 875.Control over the implementation of the standard and sanctions payable in connection with the non-fulfillment of the standard of workplaces for employment of persons with disabilities
Every year until March 10, the Fund for Social Protection of Persons with Disabilities identifies enterprises, institutions and organizations, including enterprises, organizations of public associations of persons with disabilities, natural persons who use hired labor, who did not ensure the fulfillment in the previous year of the standard of workplaces, determined in accordance with the first part of Article 19 of Law No. 875-XII, and sends them the calculation of the amounts of administrative and economic sanctions to be paid in connection due to non-fulfillment of the standard of workplaces for employment of persons with disabilities for the previous year, calculated in accordance with Article 20 of Law No. 875-XII.
The calculation is sent in the form of an electronic document through the electronic offices of enterprises, institutions and organizations, individuals who use hired labor, to the web portal
