Publication date: 14.05.2024
What documents reflect the standard of workplaces for persons with disabilities?
The regulation on workplaces for persons with disabilities is reflected in the report, which is submitted annually to the Fund for the Social Protection of the Disabled at the place of registration of the enterprise, institution, organization or individual entrepreneur. The reporting form was approved by the Ministry of Social Policy of Ukraine.
The regulation of workplaces for persons with disabilities applies both to enterprises, institutions, organizations, and to individual entrepreneurs.
In accordance with Article 19 of the Law of Ukraine dated March 21, 1991 No. 875-XII "On the Basics of Social Protection of Persons with Disabilities in Ukraine", for enterprises, institutions, organizations, including enterprises, organizations of public associations of persons with disabilities, individuals , who use hired labor, the norm of workplaces for employment of persons with disabilities is established in the amount of 4% 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 workplace.
Who provides employment for persons with disabilities at the expense of standards?
Enterprises, institutions, organizations, including enterprises, organizations of public organizations of persons with disabilities, natural persons who use hired labor, independently carry out employment of persons with disabilities at the expense of workplace standards.
Is an individual entrepreneur included in the average number of employees for the calculation of the standard?
No, it is not included. After all, a natural person - an entrepreneur is an employer.In particular, part 1 of Article 19 of the Law of Ukraine "On the Basics of Social Protection of Persons with Disabilities" provides that the norm is calculated for FOPs that use hired labor, with the average number of full-time employees in the accounting staff.
Does the standard for employment of persons with disabilities apply to an individual entrepreneur?
The regulation of workplaces for persons with disabilities applies to enterprises, institutions, organizations, and to individual entrepreneurs.
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If the number of full-time employees changes at the company during the year, how to correctly calculate the average number of employees for the year in order to correctly calculate the number of jobs?
According to Part 5 of Article 19 of the Law of Ukraine "On the Basics of Social Protection of Persons with Disabilities", employment by an enterprise, institution, organization, including an enterprise, organization of public organizations of persons with disabilities, individuals who use hired labor, persons with disabilities for whom this place of work is the main one, regardless of whether the person with disabilities is employed full-time or part-time.That is, in order to comply with the standard, it is necessary that this is the main place of work for a person with a disability.
