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

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

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.

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

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.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Articles 2 and 3 of the Convention. Adoption and periodic review of a national policy on vocational rehabilitation and employment of persons with disabilities. The Committee notes the information supplied in the Government’s report received in July 2009, in reply to the direct request of 2006. The Government has supplied information on the adoption of a new national programme extending until 2011 for the development of a system of vocational rehabilitation and employment for persons with a physical or mental disability. The Government states that it periodically revises its national policy on the rehabilitation of persons with disabilities, including through analysis of the effectiveness of existing legislation. As regards the access of persons with disabilities to the employment market, the Government refers to sections 17 and 18 of the Law concerning the basic principles of social protection for persons with disabilities, which guarantee the right to work of persons with disabilities. It indicates that the number of working persons with disabilities` totalled around 565,200 in April 2009, with 257,200 women and 307,600 men. Between January and April 2009, a total of 2,287 persons with disabilities were placed in employment by the employment service and 624 received vocational training out of a total of 20,013 persons with disabilities registered with the employment service. The Social Protection Fund for Disabled Persons planned the creation of 3,066 new posts for persons with disabilities in 2009, 376 of which had already been created in May 2009. The setting up in 2008 of socio-economic enterprises in the context of rehabilitation centres for persons with disabilities made for an increase in employment for persons with disabilities who have gained qualifications from these centres. In May 2009, within these 28 enterprises, a total of 45 persons with disabilities were recruited to temporary employment and 189 to permanent employment. The Committee notes that a Decent Work Country Programme was signed by the ILO and the Government of Ukraine for 2008–10, the objectives of which include improving services provided by the National Employment Service for persons with disabilities. The Committee requests the Government to continue to supply information in its next report on the results of the national programme for the development of the system of vocational rehabilitation and employment for persons with disabilities, in terms of the integration of persons with disabilities in the employment market, and also the results achieved in relation to the employment of persons with disabilities in the framework of the Decent Work Country Programme.

Article 4. Equality of opportunity and treatment. The Government refers to article 24 of the Constitution, according to which equality is ensured between men and women workers with disabilities. The Committee again requests the Government to supply further information on the special positive measures taken or contemplated with a view to ensuring effective equality of opportunity and treatment between workers with disabilities and other workers.

Article 5. Consultation of the social partners. The Government refers to the social partners who are involved in the preparation and examination of draft regulations and legal instruments relating to the social protection of persons with disabilities, such as the Federation of Employers of Ukraine and the Federation of Trade Unions of Ukraine. It indicates that representatives of the Ukrainian Association of Disabled Persons are also involved in this process and that, within the Council for Disabled Persons, urgent matters and problems relating to the protection of persons with disabilities are discussed. The Committee requests the Government to supply further information on the activities of the Council for Disabled Persons.

Article 7. Providing and evaluating services for persons with disabilities. The Government again refers to section 17 of the Law concerning the basic principles of social protection for persons with disabilities, according to which jobs are reserved for persons with disabilities on the basis of vocational rehabilitation programmes and their occupational skills are updated. The Committee again requests the Government to supply information in its next report on the evaluations made and the adaptations proposed, adopted or contemplated, in order to enable persons with disabilities to secure, retain and advance in employment.

Article 8. Services in rural areas. The Government indicates that the network of 12 vocational rehabilitation centres for persons with disabilities is operational for persons with disabilities living in rural areas. The Committee requests the Government to describe the activities of these vocational rehabilitation centres aimed at promoting employment for persons with disabilities in rural areas and remote communities.

Article 9. Training of suitably qualified staff. The Government indicates that two new occupations have been added to the list of existing occupations in Ukraine, namely those of rehabilitation instructor and assistant instructor, who are professional persons responsible for the vocational rehabilitation of persons with disabilities and are required to take refresher courses every two years. The Committee requests the Government to continue to supply information on the measures taken to ensure that staff who are suitably qualified in vocational rehabilitation are made available to persons with disabilities.

Part V of the report form. Application in practice. The Government indicates that information is compiled from centres for the vocational rehabilitation of persons with disabilities every six months or one year. The Employment Research Institute within the Ministry of Labour conducts annual research into issues connected with the employment of persons with disabilities and makes proposals for improving the national legislation in practice and for encouraging employers to recruit persons with disabilities. The Ministry of Labour also establishes international cooperation projects on the rehabilitation of persons with disabilities and publishes recommendations and results relating to such projects. The Committee requests the Government to provide further information in its next report on the application of the Convention in practice, including statistics, extracts from reports, studies or inquiries concerning the matters covered by the Convention.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the Government’s first report received in September 2005, including the concerns on the application of the Convention in practice raised by the Confederation of Free Trade Unions of Ukraine (CFTUU). It notes that, in the framework of the National Programme on Vocational Rehabilitation and Employment for People with Disabilities, 2001-05, two institutions were created – the Centre for the Vocational Rehabilitation of Disabled Persons and the State Complex for the Early Rehabilitation of Disabled Children – with the aim of integrating or reintegrating persons with disabilities in society. According to the Act concerning the Basic Principles of Social Protection for Disabled Persons in Ukraine, in enterprises employing eight to 25 workers, one position is to be reserved for workers with disabilities. In other enterprises, the objective is to employ four workers with disabilities. The Committee asks the Government to provide further information in its next report on the manner in which the national programme is implemented and periodically reviewed. It also requests information on the draft bill submitted to the legislature (the Disabled Persons’ Rehabilitation Bill No. 5688 of 15 September 2004) and the results attained through the ILO assistance provided. Please also provide further specific practical information on the impact of the measures so far adopted by the Employment Service, together with the Centre for the Rehabilitation of Disabled Persons and the State Complex for the Early Social Rehabilitation of Disabled Children, to ensure that appropriate vocational rehabilitation measures are available in practice to all categories of persons with disabilities however that disability may have been caused. The Committee would like to be informed of the provisions made for giving access to persons with disabilities to employment service centres, places of employment and information regarding employment opportunities (Articles 2 and 3 of the Convention and Part V of the report form).

2. Effective equality of opportunity and treatment between men and women workers with disabilities, and other workers. The Committee notes the Government’s statement indicating that disabled men and women in Ukraine enjoy equal rights and its reference to article 24 of the 1996 Constitution. It asks the Government to indicate in its next report any special positive measures aimed at effective equality of opportunity and treatment between men and women workers with disabilities and other workers (Article 4).

3. Consultation of the representative organizations of employers and workers. The Government indicates in its report that four working groups have been created in the framework of the Ministry of Labour and Social Policy in which all Ukrainian public organizations of persons with disabilities are represented. The Council of Ministers has also established a Council for Disabled Persons in which all public organizations of disabled persons are represented. The Committee asks the Government to indicate whether representative employers’ and workers’ organizations are also consulted on the matters covered by the Convention. Please include information on the activities held by the Council for Disabled Persons and the work done by the four working groups mentioned in the Government’s report (Article 5).

4. Providing and evaluating services to workers with disabilities. The Government’s report refers to section 19 of the Act concerning the Basic Principles of Social Protection of Disabled Persons indicating that employment is provided or retained for persons with disabilities. The Committee asks the Government to further report on the arrangements made to provide and evaluate vocational guidance, vocational training, placement and employment services for all categories of persons with disabilities to enable them to secure, retain and advance in employment (Article 7).