On January 15, 2025, the Verkhovna Rada of Ukraine adopted in the second reading the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on Ensuring the Right of Persons with Disabilities to Work” (draft law reg. No 5344-д). The Law is aimed at implementing international standards related to ensuring the rights of persons with disabilities to employment, in particular those enshrined in the provisions of subparagraphs (g) and (i) of paragraph 1 of Article 27 “Labor and Employment” of the UN Convention on the Rights of Persons with Disabilities. In this issue, we will briefly review the main changes in the legislation. The Law provides for its entry into force on January 1, 2026.
Smart adaptation and universal workplace design
The UN Convention on the Rights of Persons with Disabilities introduces the concepts of “reasonable accommodation” (the provision, where necessary in a particular case, of necessary and appropriate modifications and adjustments not imposing a disproportionate or undue burden, to ensure the realization or exercise by persons with disabilities on an equal basis with others of all human rights and fundamental freedoms) and “universal design” (meaning the design of objects, environments, programs and services to make them, to the greatest extent possible, usable by all people without the need for adaptation or specialized design). The adopted draft law notes that the relevant terms are used within the meaning of the Convention, and the principles, criteria and boundaries of reasonable accommodation and universal design are determined by the Cabinet of Ministers of Ukraine.
The new version of Article 17 of the Law of Ukraine “On the Fundamentals of Social Protection of Persons with Disabilities in Ukraine” establishes the right of a person with a disability in the field of ensuring reasonable accommodation of the workplace. Article 17-1 establishes the procedure for implementing reasonable accommodation measures - such measures are carried out in case of need, determined by the employer, at his own expense, at the expense of the state trust fund, as well as at the expense of other sources not prohibited by law, in accordance with state standards for the equipment (arrangement) of the workplace for various types of functional loss (if any), in order to create equal conditions for persons with disabilities to obtain employment, labor, undergo vocational training and advance in work (service). Such measures may include, but are not limited to: modifications of existing and acquisition of additional equipment and/or aids necessary for the performance of work (service) by a person with a disability; transfer of the workplace or study place to another room convenient for the person with a disability or to another floor, introduction of home and remote work; development of work printed information in an accessible format, as well as provision of oral information (its repetition) with a regularity determined depending on the needs of the person with a disability, using simple language; narrowing the content and/or reducing the scope of work duties in the position held by the person with a disability, which cannot be a basis for reducing the amount of remuneration; changes in the work or training schedule of a person with a disability, in particular, the introduction of reduced working hours while maintaining the amount of remuneration at the level of full working out of the general norm of working hours, flexible work schedules, providing additional breaks for physical exercise or rest included in working hours, etc.; making changes to production procedures, curriculum and standards approved by the employer; transferring a person with a disability with their consent to another job or position, in particular in cases where no reasonable accommodation is capable of enabling the person with a disability to effectively and independently perform the work duties in the position held; providing an assistant / engaging the social service of a personal assistant or engaging other employees to provide assistance during the performance of work duties by a person with a disability, making decisions, and carrying out work communications; providing sign language translation services; carrying out redevelopment, repair work, and re-equipment of premises in order to bring them into a condition suitable for persons with disabilities, in accordance with the procedure established by the Cabinet of Ministers of Ukraine.
Funds for the implementation of reasonable accommodation measures may be received from a state institution implementing social protection measures and providing social services to persons with disabilities (in the form of compensation or subsidies), while at least 10 percent of the cost of implementing reasonable accommodation measures must be covered by the employer. The law provides for an exhaustive list of grounds for refusal to provide such compensation or subsidies.
Change of approaches to stimulating the employment of persons with disabilities
The standard of jobs for the employment of persons with disabilities is set in a quantity that depends on the number of full-time employees of the relevant enterprise of the accounting staff for the quarter. Such a standard is not set for enterprises with fewer than eight full-time employees. Within the specified standard of jobs, employment of persons with disabilities suffering from mental disorders is also carried out in accordance with the Law of Ukraine "On Psychiatric Care".
At the same time, the approach to enterprises that for certain reasons do not meet such standards has been changed - unlike the previous approach, according to which the enterprise was obliged to pay a fine, under the new approach, such employers pay contributions to the state fund for social protection of persons with disabilities. Such a contribution is paid quarterly, in the amount of 40 percent of the average monthly salary (remuneration) in the relevant calendar quarter, calculated per employee, multiplied by the number of months in the quarter, and by the number of unfilled jobs for persons with disabilities. Sanctions in the form of fines are imposed on employers in case of failure to meet the standard for employment of persons with disabilities and untimely or incomplete payment of the contribution to the state fund.
Additional employment guarantees for people with disabilities
The new wversion of Article 17 of the Law of Ukraine “On the Fundamentals of Social Protection of Persons with Disabilities in Ukraine” enshrines the rights of a person with a disability in the field of labor relations, in particular, the right to: work and employment, which includes the ability to freely choose a job (service) taking into account functional capabilities, professional training and interests or to engage in entrepreneurial and other activities not prohibited by law; maintaining a job with an employer where an accident occurred at work or whose working conditions caused an occupational disease or occupational injury of an employee, which led to the establishment of a disability in such a person, in accordance with the recommendations of the individual rehabilitation program of a person with a disability; promotion in work (service), as well as assistance in maintaining a job and returning to work (service).
Refusal to conclude an employment contract or to promote a person in the service, dismissal at the initiative of the employer, transfer of a person with a disability to another job without his/her consent on grounds of disability are not allowed, except in cases where the person's health condition prevents the performance of professional duties, threatens the health and safety of other persons, or continuation of work activity or change in its nature and scope threatens the health of a person with a disability and may lead to its deterioration. In order to more effectively protect the rights of persons with disabilities during employment, as well as during promotion, the law provides that in the event of an application by a person with a disability to an employer regarding the conclusion of an employment contract or promotion in the work (service), submitted in writing or in the form of an electronic document in accordance with the Law of Ukraine "On Electronic Documents and Electronic Document Management", the employer, in the event of refusal, is obliged to notify such a person with a disability of the reasons for the refusal in the same manner and form in which the person with a disability applied to the employer.
Persons with disabilities after graduation have the right to use the first job program in accordance with the laws of Ukraine “On Employment of the Population” and “On the Basic Principles of Youth Policy”. In the event of refusal to hire, failure to provide work in the specialty to a person with disabilities who exercised the right to the first job in accordance with part one of this article after graduation, or in the event of failure to comply with other terms of the employment contract, provisions of labor legislation, the employer shall reimburse the person with disabilities for travel expenses to the place of work and return to the place of residence, as well as the travel expenses of an accompanying person (if necessary).
Pragma Consulting Group actively participated in the finalization of the draft Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on Ensuring the Right of Persons with Disabilities to Work" for the second reading, in particular, in terms of clarifying the norms for calculating the amount of contributions to the State Fund for Social Protection of Persons with Disabilities in order to avoid possible double readings.
The general information provided in this Newsletter is not legal advice, cannot be cited as legal authority, and cannot replace the advice of a lawyer who has reviewed the facts of your case. The information provided is intended to be accurate as of the date of publication, but please be aware that laws are constantly changing.