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

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

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.