MainPublications of our law firmComments on legislationEmployment of person with a disability. Part 1

Employment of person with a disability. Part 1

  • Author: Volodymyr Misyurak
  • Practice areas: Litigation
  • Date of publication: 07/11/14

The current laws clearly define the right of disabled people or people with disabilities to work. There is an obligation to employ these people by entrepreneurs for realization this right. The Fund on social defeat of disabled people controls abidance of laws. Fees for infringement of labor laws become unpleasant surprise for a lot of businessmen. That’s why a plenty of entrepreneurs and directors are interested in matters on abidance laws in this sphere.

The main legal act which regulates rights of disabled people to work is the Law of Ukraine “On principles of social defeat of disabled people in Ukraine” dated the 21st of March 1991 no. 875. The Law of Ukraine “On rehabilitation on disabled people in Ukraine” dated the 6th of October 2005 no. 2961, the Decree of the Cabinet of Ministers of Ukraine “On realization of the Articles 19 and 20 of the Law of Ukraine “On principles of social defeating of disabled people in Ukraine” dated the 31st of January 2007 no. 70 and the Decree of the Cabinet of Ministers of Ukraine “On realization of the Articles 18-1 of the Law of Ukraine ”On principles of social defeating of disabled people in Ukraine” dated the 27th of December 2006 no. 1836 are also important in this sphere.

Before we will continue analyzing the main clauses of abovementioned legal acts, we need to admit that there is no direct provision – who is obliged to provide enterprises with disabled people. However, it doesn’t let to avoid liability for infringement rules on employment of disabled people.

First of all, you have to be sure that there are 8 and more employees at your enterprise. Only if there is this amount then there are obligations to employ disabled people. We need to admit that the Law no. 875 led to liability if you don’t create working places for disabled people in a case you have 8 or more employees. It means that entrepreneurs must work the whole year and then calculate average number.  If this amount more than 8 persons then there is obligation for employment of disabled people at enterprise. You have to create a vacancy for a disabled person and submit this information to the State Employment Service of Ukraine. There is a form 3-PN “Report on vacancies” which is approved by the Order of the Ministry of Social Policy of Ukraine dated the 31st of May 2013 no.316 for this.

In order to it, the State Employment Service of Ukraine must transfer a disabled person. At the same time you have to register in the Fund on social defeat of disabled people and submit report until the 1st of March. Unfortunately, you have to calculate and pay fee until the 15th of March because there wasn’t a disabled person among your workers.

As follows paying a fee is unwelcome, we recommend to define a potential number of working places which are intended for disabled people in the first place. According to the clauses, it is 4% of amount of workers and if there is from 8 to 25 employees then there must be one working place for a disabled person. For example:

There are 35 employees. Calculate amount of vacancies: (35*4%)/100% =1,4. Round to the whole number. There is a necessary norm – 1 vacancy. If there are 38 employees this amount is 2 vacancies (38*4%)/100%=1,52. Keep in mind that it doesn’t include part-time workers but employers, who work not the whole working day, are considered as a whole unit. This principle is related to disabled people. Even if they get only 0,1 rate their coefficient is the whole one.

You have to admit that you can hire not only a person which was sent to you firm by the State Employment Service of Ukraine but also a person who wants to get this position.

You can find out other features on employment of disabled people in the next article.

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