Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) - Ukraine (Ratification: 2003)

Articles 2 and 3 of the Convention. National policy on vocational rehabilitation and employment of persons with disabilities. The Committee notes the detailed information provided by the Government in reply to its 2010 direct request. It notes that, in addition to the 2012 amendment of the Law on Employment of the Population, a mechanism was adopted in 2013 guaranteeing that vocational training for unemployed persons with disabilities at employment centres is provided in accordance with the recommendations of the Medical and Social Expert Commission and with other special conditions. The Government indicates that in 2013 the Ministry of Social Policy introduced updated procedures for providing rehabilitation services which simplify the procedure for admitting persons with disabilities at vocational rehabilitation centres. In 2014, the Ministry conducted a project entitled “Twinning Light”, with the financial support of the European Union, to reform the legislation regarding vocational rehabilitation and employment of persons with disabilities to be closer to the EU standards. The Ministry of Social Policy of Ukraine also cooperated with the Federal Ministry of Labour and Social Welfare of Austria to set up 20 vocational rehabilitation centres for persons with disabilities at socio-economic enterprises. The Government indicates that two national conferences held in 2013 addressed the promotion of employment of persons with disabilities within the framework of improving the efficiency of the State Employment Service, as well as increasing the number of persons with disabilities offered assistance by vocational rehabilitation centres. Pilot projects were implemented following these conferences. The Committee notes that the number of employed persons with disabilities amounted to 749,600 in January 2014, with 348,300 women and 401,300 men. As at January 2014, the State Employment Service registered nearly 41,000 persons with disabilities. In 2013, employment services were utilized by 40,900 unemployed persons with disabilities, among which 12,200 were offered jobs, and 4,300 participated in vocational training. It also notes that 2,100 unregistered unemployed persons with disabilities were offered jobs in the same year. The Committee requests the Government to continue to provide information on the implementation of a national policy on vocational rehabilitation and employment of persons with disabilities, in cooperation with the social partners and other stakeholders. It also invites the Government to provide information on the measures taken to provide appropriate vocational rehabilitation and promote employment for persons with disabilities in the open labour market, including the impact of the measures implemented on the employment situation of persons with disabilities.

Article 5. Consultation with the social partners. The Committee notes that the Methodical Council for the Rehabilitation of the Disabled periodically reviews problematic issues concerning vocational rehabilitation and new techniques implemented after the approval of vocational rehabilitation facilities. The Committee requests the Government to continue to provide information on the activities of the Methodical Council for the Rehabilitation of the Disabled and the manner in which the social partners are involved in these activities.

Article 7. Providing and evaluating services for persons with disabilities. The Government refers to the services mainly provided by the State Employment Service for the employment of persons with disabilities, including improving access to all employment centres with special equipment for persons with disabilities and providing career guidance and vocational guidance services in collaboration with the Social Security Fund for Disabled Persons, the Department of Labour and Social Welfare and the organizations of persons with disabilities. The Committee notes with interest that, in 2013, 39,647 persons with disabilities, which accounts for over 96 per cent of all unemployed persons with disabilities, were afforded public employment services. Moreover, 4,281 persons with disabilities passed a professional training examination and received individual vocational consultation services, out of which 3,426 obtained employment. The Committee requests the Government to continue to provide information on the services available to persons with disabilities to secure, retain and advance in employment.

Article 8. Services in rural areas. The Government indicates that a new version of the order of interaction between the state bodies and institutions with respect to vocational rehabilitation, employment and work of persons with disabilities was submitted to the Ministry of Justice, which includes numerous activities for the employment of persons with disabilities in rural areas and smaller provincial towns. The Committee requests the Government to provide information on the activities of the vocational rehabilitation centres to promote employment for persons with disabilities in rural areas and remote communities.

Article 9. Training of suitably qualified staff. The Government indicates that, in 2013, over 800 people participated in training programmes offered by employment centres to their managers and specialists. Various plans and programmes for training workshops for persons with disabilities were implemented by the centres. The Committee requests the Government to continue to provide information on the measures and activities implemented to ensure that suitably qualified staff is made available to persons with disabilities.

Application of the Convention in practice. The Government indicates that the state labour inspectorate has been monitoring the implementation of legislation protecting the rights of persons with disabilities, including the Act on Social Security for Disabled Persons. In 2013, 10,800 employers were inspected and 4,000 employers were found to violate the Act. Some 4,800 violations were found with respect to section 19 of the Act which requires employers with more than eight employees to employ persons with disabilities for at least 4 per cent of total employees; 3,500 violations concerned the failure to comply with workplace standards for persons with disabilities; 600 employers were not registered with the Fund of Social Protection of the Disabled; and 700 employers had not submitted reports on employment of persons with disabilities. As a result of the inspections and of the imposition of penalties, including administrative orders and fines and disciplinary actions, 457 employers filed reports on employment of persons with disabilities and 615 persons with disabilities were employed. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including statistics, extracts from reports, studies or inquiries concerning the matters covered by the Convention.