Chapter 1. Observing social rights
Findings of visits to monitor how the local executive authorities and local self-government bodies perform
functions on ensuring employment of persons with disabilities also showed low level of employment of
persons with disabilities, ineffectiveness of programmes to promote the employment of persons with
disabilities and of the measures taken by local authorities.
Considering the above, the national policy on ensuring the right of persons with disabilities to work
is not effective enough and needs improvement – in particular, it is about implementation of active
labour market policies for persons with disabilities, modern approaches to addressing the employment
of such category of persons, including individual needs-based approach to rehabilitation of persons
with disabilities, case management at the workplace, launch of new forms of supported employment
for people with intellectual and mental disabilities, improving mechanisms to encourage employers to
employ persons with disabilities and others.
The rights of workers to protection against unlawful dismissal are also violated. The applicants report
repeated cases of employers ignoring court decisions regarding reinstatement of employment.
Example
The Commissioner was approached by citizen P. who looked for protection of her right to enforce the
court’s decision to be reinstated at work at one of the territorial branches of the Social Insurance Fund
of Ukraine. The court ruled that the dismissal was unlawful and obliged the employer to reinstate P. at
work. However, the court’s decision was not enforced for a long time, since the position occupied by the
applicant had been reduced, which forced her to seek the protection of her rights with the Commissioner.
Due to the measures taken by the Commissioner, the right of P. to work was restored, the employer
created the new position to which the applicant was employed.
The results of the parliamentary oversight by the Commissioner showed systemic violations of labour
rights and a number of issues that need an urgent comprehensive solution.
The national labour policy should focus on priorities such as addressing the problems of wage arrears;
legalization of employment and wages; improvement of legal framework on labour that would contribute
to the effectiveness of legal support for labour relations.
20
Information of the State Statistics Service of Ukraine, www.dcz.gov.ua/analitics/67.
45
CHAPTER 1
According to the State Employment Service, during 2019, 47,900 unemployed persons with disabilities
received services from the State Employment Service. The number of persons with disabilities employed
during 2019 with the assistance of the State Employment Service amounted to only 13,800 persons,
which is 5% more than in 2018. 332 persons with disabilities were employed at newly-created workplaces,
and re-imbursement of single contribution was paid to their employers20.
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