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Publication date: 19.05.2024
Draft Law No. 5344-d expands the possibilities of persons with disabilities to obtain work.
The Association of Retailers of Ukraine strongly supports draft law No. 5344-d, which is of great importance for expanding the rights of persons with disabilities in the labor market. This bill is an important step towards ensuring access to employment and decent working conditions for persons with disabilities, especially at a time when social integration and support for every member of society are critical.
On May 1, 2023, the Chairperson of the Committee of the Verkhovna Rada of Ukraine on social policy and protection of veterans' rights, Halyna Tretyakova, took part in a round table on the topic: "Employment of people with disabilities: European perspectives in Ukraine."
Round Table "Employment of People with Disabilities: European
The representative of the European Disability Forum Haydn Hammersley said during the round table meeting that the highest level of employment of persons with disabilities was recorded in the countries of Western and Northern Europe. "The highest level of employment of such people is observed in the Scandinavian countries - Sweden, Finland, Denmark, as well as Portugal, the Netherlands and France.In general, in Western and Northern Europe, we see a higher level of employment of people with disabilities, but it is still lower than the level of employment of people without disabilities," said the representative of the European Disability Forum. It was noted that more than 50% of people with disabilities are officially employed in Europe.
Taking an active part in the working group on the finalization of this draft law, we made proposals aimed at balancing the interests of employers and persons with disabilities. These proposals were taken into account in the drafting of the draft law prepared by the Committee of the Verkhovna Rada of Ukraine on social policy and protection of veterans' rights.You may be interested in the following articles: lawyer's consultation lawyer's consultation analysis of documents legal analysis of the situation written consultation verification of documents by a lawyer lawyers documents lawyer's help online lawyer online legal opinion legal opinion of a lawyer lawyer online
Proposals and Consideration of the Interests of Employers and Persons with Disabilities
We urge you to support this draft law aimed at expanding employment opportunities for persons with disabilities, promoting their integration and participation in the country's economy, especially during wartime.
We are convinced that the adoption of this draft law will significantly improve employment conditions for people with disabilities, provide them with wider opportunities for professional development and economic independence. This is not only a step forward in ensuring equal rights and opportunities for all citizens of our country, but also an important contribution to the development of an inclusive economy and socially responsible business.
Call for Support of Draft Law No. 5344-d
We urge you, dear People's Deputies of Ukraine, to support draft law No. 5344-d in the version approved by the specialized Committee, in order to help create conditions for the realization of the potential of every citizen of Ukraine.
In Ukraine, only slightly more than 16% of people with disabilities are officially employed, in EU countries this figure is on average 55%.Full-scale war led to an increase in the number of people with disabilities and exacerbated the issue of inclusivity. The purpose of draft law No. 5344-d is to create equal conditions for everyone who wants to work and bring the victory of Ukraine closer. Modern technologies allow people with significant physical impairments to realize their intellectual potential. People with mental disorders can also feel their involvement in society thanks to work.
Requirements for compliance with the employment quota for persons with disabilities provided for by draft law No. 5344-d
The draft law extends requirements for compliance with the employment quota for persons with disabilities not only to private sector enterprises, as it was before, but also to state bodies, state and communal enterprises, institutions and organizations. That is, both private and state and communal enterprises and institutions will have the obligation to employ persons with disabilities under the same conditions.
The categories of enterprises that can use financial support to ensure the employment of persons with disabilities are expanding. Socially oriented business will be able to create new enterprises of protected employment and labor integration. The priority in such enterprises will be the employment of people with severe forms of functional impairment (today these are only enterprises of public organizations of persons with disabilities).
At the same time, an incentive system for employment of people with disabilities is being implemented for employers. Thus, the draft law provides for compensation to employers for the costs of arranging "smart" workplaces for persons with disabilities.At the same time, the draft law provides a choice for employers:
•employ people with disabilities, providing them (if necessary) with an appropriate workplace:
– 1 workplace for employers with 8 to 25 employees;
– 2% of jobs – for employers whose main activity is rehabilitation of persons with disabilities, training of such persons or care for them;
- 4% of jobs - for employers with more than 25 employees
or
•pay a targeted contribution to support the employment of persons with disabilities to the Fund for Social Protection of Persons with Disabilities (for example, in case of impossibility to employ persons of the relevant category due to a high degree of industrial risk). It is also possible to buy goods produced at enterprises of labor integration or protected employment and credit their value against the payment of the contribution.
Requirements for Quota for Employment of Persons with Disabilities
In February 2023, the draft law No. 5344-d was returned by the Verkhovna Rada for a repeated first reading, after which a corresponding working group was created. The Association of Cities of Ukraine expressed its comments on the draft law as such, which extends to budgetary enterprises, institutions and organizations, as well as to local self-government bodies, the obligation to pay a penalty (contribution) for unemployment of persons with disabilities. According to the Associations of Cities of Ukraine, the implementation of this norm of the draft law will require about UAH 5.6 billion in additional expenditures from local budgets, for which no compensation from the State Budget has been provided.
Moreover, the employment of officials in local self-government bodies is carried out according to a competition, which puts citizens on equal terms and, in fact, excludes the possibility of choosing an employee by the employer based on the presence or absence of a disability. The Association of Cities of Ukraine hopes that, based on the results of the meetings of the working group, the draft law "On Amendments to Some Laws of Ukraine on Ensuring the Rights of Persons with Disabilities to Work", reg. No. 5344-d dated November 18, 2022, will be amended to ensure the interests of the disabled and without violating the rights of local self-government bodies.
