Draft bill #5344-д of November 18, 2022 

Sponsor: MP Halyna Tretiakova from the Servant of the People faction 

Status: adopted in full 

Who is affected: people with disabilities, the State Fund for Social Protection of People with Disabilities, the State Employment Service, and state, municipal, and private enterprises and institutions 

Summary: 

  • the bill stipulates that the state must ensure that people with disabilities can exercise all rights and freedoms without discrimination. Any form of discrimination, including the refusal to employ a person due to the need to create or pay for special working conditions, will be prohibited 
  • a special-purpose contribution to support the employment of people with disabilities will be introduced. The employer will have to either pay this contribution or hire a person with a disability. Administrative fines for non-compliance with employment quotas will be removed 
  • special-purpose contributions will not be taxed and will go to accounts opened in the State Treasury Service 
  • the State Fund for Social Protection of People with Disabilities will be part of the government budget of Ukraine 
  • revenue for the State Fund for Social Protection of People with Disabilities will come from the following sources: 
    • contributions from employers, as well as fines and penalties if these contributions are not paid timely or are paid with violations 
    • charitable contributions 
    • other contributions not prohibited by law 
  • money from the State Fund for Social Protection of People with Disabilities will be used for: 
    • programs that help people with disabilities to find work 
    • support during their employment 
    • social services related to employment 
    • other programs that ensure the protection and support for persons with disabilities 
    • people with disabilities will be provided with social services that help them work. This will include workplace support, personal assistance, sign language interpretation, etc. 
  • all legislative restrictions will be removed, allowing individuals to work in any job except those explicitly contraindicated due to health conditions 
  • the same rules for the employment of people with disabilities will apply both in the private and public sectors 
  • private agencies will be involved in employing people with disabilities, funding their education and retraining 
  • state standards for workplace adaptation for various types of disabilities will be introduced. Employers will be eligible for compensation for adapting the workplace for a person with a disability. Individuals with disabilities working as private entrepreneurs will also be eligible to receive compensation to adapt their workplace. This money will be provided from a fund accumulating special-purpose contributions 
  • financial support will be available to a broader range of enterprises that create jobs for people with disabilities. Currently, such benefits and compensations are mainly provided to enterprises founded by NGOs of people with disabilities 
  • any enterprises that employ a certain number of people with disabilities (defined by law) will be eligible to receive: 
    • financial benefits 
    • compensation for workplace adaptations 
    • support for creating labor integration enterprises or sheltered employment. In Ukraine, there are enterprises established by NGOs, such as the Ukrainian Association of the Blind (UTOS) and the Ukrainian Society of the Deaf (UTOH), which create jobs for persons with disabilities. They receive state support for the production of goods and services. 

What is right: 

  • more job opportunities will be provided for people with disabilities via including relevant lists of state bodies and local self-government bodies 
  • fines for not employing people with disabilities will be replaced with special-purpose payments for jobs created. This will encourage businesses to actively involve people with disabilities, expanding their employment opportunities and increasing the level of social integration. Fines are a punitive tool that does not solve the problem. Special-purpose payments, on the other hand, are directed at financing real job creation, yielding practical results. Moreover, the money that entrepreneurs paid in fines went to the government budget but was not always used to support people with disabilities. Special-purpose payments will be spent specifically on adapting workplaces and creating conditions for employment 
  • payments aimed at job creation allow for more effective overcoming of barriers to employment (for example, financing the adaptation of premises or special equipment). 

What is wrong: 

  • the draft bill offers benefits and compensations, but they may be insufficient to cover the costs of adapting workplaces and equipment. There is a risk that the financial burden will be passed on to entrepreneurs, especially small and medium-sized businesses, which may not have adequate resources 
  • the draft bill pays little attention to the need for a comprehensive approach: rehabilitation, training, and psychological support for people with disabilities are not addressed 
  • there may be situations where enterprises formally comply with the law, employing people with disabilities without creating suitable conditions for their work and development. 

Alternative solution: 

  • to extend benefits and compensations, especially for small businesses 
  • to ensure comprehensive support for people with disabilities 
  • to conduct an educational campaign to explain the benefits of employing people with disabilities to businesses and society.