Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

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 acknowledges the extremely difficult situation in the country since February 2022. It notes the brief information provided by the Government in reply to some points raised in the previous comments. The Government indicates that the Ministry of Economy has developed and submitted for consideration two draft resolutions of the Cabinet of Ministers of Ukraine. The first draft addresses the provision of compensation to employers for the actual costs incurred in arranging suitable workplaces for employed persons with disabilities. The second draft focuses on the compensation of employers for the actual labour costs associated with employing persons with disabilities. These draft initiatives aim to increase employment opportunities for persons with disabilities in the labour market. Furthermore, they seek to stimulate the employment of persons with disabilities by employers by ensuring reasonable workplace adaptations, promoting work experience in an open labour market, and safeguarding the rights of persons with disabilities to engage in work on an equal footing with others. The Government indicates that the draft resolutions will be submitted to Cabinet after receiving input from the relevant stakeholders and completing agreed procedures. The identification of suitable employment for persons with disabilities is carried out in accordance with the Law 'On the Basics of Social Protection of Persons with Disabilities in Ukraine'. The employment service provides continuous information and consultation to both the public and employers, focusing on legislative provisions and specifics regarding the employment of persons with disabilities, as well as facilitating job searches for individuals seeking employment. To address and change negative stereotypes about persons with disabilities in the labour market, and to elevate employer awareness regarding the unacceptability of labour discrimination, as well as the importance of ensuring the principle of inclusivity in employment, the employment service regularly holds thematic seminars for employers on these issues. In 2020, 61,000 individuals with disabilities utilized the services of the State Employment Service, leading to the employment of 12,000 individuals. This number increased in 2021, with 68,000 persons with disabilities receiving employment services and 14,000 successfully gaining employment. In 2022, 51,000 people with disabilities received services of the State Employment Service, resulting in 9,000 in job placements. The Committee notes from the 2024 concluding observations on Ukraine’s combined second and third periodic reports that the Committee on the Rights of Persons with Disabilities is concerned about the low rate of employment of persons with disabilities, including internally displaced persons with disabilities (as confirmed by the monitoring of the Ukrainian Parliament Commissioner for Human Rights on the right to work of persons with disabilities (dated 2019)), and that important obstacles persist(CRPD/C/UKR/CO/2-3). The Committee observes that the ongoing armed conflict in the country will have a direct consequence on the number of persons living with disabilities and that formulating and effectively implementing a national policy aimed at fully integrating persons with disabilities in the labour market and in society more generally will prove crucial for engaging in the rebuilding and recovery process. In this respect, it wishes to draw the Government’s attention to the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205), which contains specific provisions suggesting the measures to be taken in this context, including as regards persons with disabilities. The Committee requests the Government to continue providing 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 requests the Government to provide information on the impact of the measures taken to increase the employment rate of persons with disabilities in the open labour market.

Article 5. Consultation with the social partners. The Committee notes that the Government’s report does not include any updated information regarding Article 5. It also notes from the 2024 concluding observations on Ukraine’s combined second and third periodic reports (CRPD/C/UKR/CO/2-3) that the Committee on the Rights of Persons with Disabilities is concerned about the lack of consultation and active involvement of persons with disabilities in the formulation of plans and programmes for their inclusion in the open labour market. The Committee refers to its previous comments and requests the Government to provide more specific information on the manner in which it collaborates with the representative organizations of employers and workers, as well as with representative organizations of and for persons with disabilities, on the matters covered by the Convention.

Article 7. Providing and evaluating services for persons with disabilities. The Government indicates that, in accordance with the laws 'On the Employment of the Population' and 'On the Basics of Social Protection of Persons with Disabilities in Ukraine', the State Employment Service promotes labour rehabilitation and supports employment for persons with disabilities in adapted workplaces in enterprises and organizations, guided by the recommendations from the medical and social expert commission. The Committee requests the Government to provide more detailed information on the services available to persons with disabilities to secure, retain and advance in employment.

Article 8. Services in rural areas. In its previous comments, the Committee noted the Government’s submission of a revised order of interaction between state bodies and institutions with respect to vocational rehabilitation, employment and work of persons with disabilities, which includes numerous activities for the employment of persons with disabilities in rural areas and smaller provincial towns. The Committee notes that the Government’s report does not include any updated information in this respect. The Committee therefore once again 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 Committee previously noted the Government’s indication that in 2013, more than 800 individuals participated in training programmes offered by employment centres for managers and specialists, alongside the implementation of various training programmes for persons with disabilities. The Committee notes that the Government’s report does not include any updated information on the application of Article 9. The Committee once again requests the Government to provide information on the measures and activities implemented to ensure the availability of suitably qualified staff responsible for the vocational guidance, vocational training, placement and employment of persons with disabilities.

Application of the Convention in practice. The Committee notes the statistical data provided by the Government regarding the number of persons with disabilities employed in public works or covered by the vocational guidance services during the reporting period. In 2020, 3,000 individuals with disabilities participated in public works and other temporary employment opportunities. Additionally, in 2020, vocational training sessions were provided for 3,000 unemployed individuals with disabilities at the request of employers, and 51,000 unemployed persons with disabilities benefitted from vocational guidance services. The Committee notes that, in 2021, more than 2,000 individuals with disabilities were involved in public works and other temporary employment opportunities. Vocational training for 3,000 unemployed persons with disabilities was again provided at the request of employers. Moreover, 58,000 unemployed persons with disabilities utilized vocational guidance services during that same year. In 2022, more than 1,000 persons with disabilities participated in public works and other temporary employment, while vocational training for 2,000 unemployed persons with disabilities was conducted upon employer request. In 2022, 45,000 unemployed persons with disabilities received vocational guidance services. The Committee requests the Government to continue providing updated information on the application of the Convention in practice, including statistics, extracts from reports, studies or inquiries concerning the matters covered by the Convention.