ISSUE REGARDING THE EMPLOYMENT OF DISABLED PEOPLE ON THE WAY TO EUROPEAN INTEGRATION
DOI:
https://doi.org/10.33042/2522-1809-2023-1-175-189-195Keywords:
employment, disabled people, labor protection, accessibility, European integrationAbstract
The article examines problems that, in connection with the increase in the number of disabled people as a result of the war in Ukraine, are becoming even more urgent and indicate the need for a comprehensive approach to their solution, taking into account European experience and European Union standards.
The right to work of persons with disabilities is guaranteed, first of all, by the Constitution. In addition, today laws are in force in Ukraine and a number of international acts have been ratified, which should prevent discrimination of persons with disabilities in the field of employment.
As of September 1, 2017, the Association Agreement between Ukraine and the European Union entered into force, namely: in accordance with Annex XL of the Agreement, Ukraine undertakes to gradually bring its legislation closer to the legislation within the established deadlines.
Of the total number of persons with disabilities, almost half are of working age and need rehabilitation and further employment. Therefore, the nature of the workplace, the method of adapting it to the needs of a person with a disability comes to the fore.
One of the main obstacles in a full-fledged social life and, in particular, in the employment of disabled people, is the lack of accessibility. Social accessibility involves ensuring decent conditions for the participation of individuals and social groups in the life of communities. Access to education is one of the main barriers to access to employment.
Special attention should be paid to the organization of workplaces for the disabled by the state, which organizes professional and labor rehabilitation taking into account the experience of European countries. Now, in the period of digitalization, there are unique opportunities for training the disabled, in particular remotely, and obtaining new professions, including in the field of IT technologies. The transition of a number of businesses to remote work opens up new opportunities for organizing workplaces for people with disabilities at home for remote work, while taking into account all the recommendations of the Medical and Social Expert Commission.
Given the status of a candidate for the European Union, Ukraine faces the task of accelerating the adaptation of the legislative framework to European standards. It is necessary to strengthen cooperation in solving the issues of professional rehabilitation of disabled people and their employment between medical experts, labor and social protection bodies, employers, with the aim of coordinating and consolidating joint efforts to solve the tasks of creating an effective system of promoting the employment of disabled people.
References
About the basics of social security for persons with disabilities in Ukraine (ed. 2022). Verkhovna Rada of Ukraine. Retrieved from https://zakon.rada.gov.ua/laws/show/875-12
Standard rules for ensuring equal opportunities for the disabled (December 20, 1993). Resolution 48/96 of the UN General Assembly. Retrieved from https://zakon.rada.gov.ua/ laws/show/995_306
On the organization of workplaces and employment of disabled people (ed. 2007). Resolution of the Cabinet of Ministers of Ukraine. Retrieved from https://zakon.rada.gov.ua/laws/show/314-95-%D0%BF
On approval of the Procedure for payment by enterprises (associations), institutions and organizations of fines to branches of the Fund for Social Protection of the Disabled, accumulation, accounting and use of these funds (ed. 2007). Resolution of the Cabinet of Ministers of Ukraine. Retrieved from https://zakon.rada.gov.ua/laws/show/1767-2001-%D0%BF#Text
Convention on the Rights of Persons with Disabilities (2016). Verkhovna Rada of Ukraine. Retrieved from https://zakon.rada.gov.ua/laws/show/995_g71#Text
On Occupational Safety (ed. 2022). Verkhovna Rada of Ukraine. Retrieved from https://zakon.rada.gov.ua/laws/show/2694-12#Text
Program of Ukraine's integration into the European Union (2000). Verkhovna Rada of Ukraine. Retrieved from http://zakon.rada.gov.ua/laws/show/n0001100-00
Convention on Vocational Rehabilitation and Employment of the Disabled (2003). Verkhovna Rada of Ukraine. Retrieved from https://zakon.rada.gov.ua/laws/show/993_065#Text
Association Agreement between Ukraine and the European Union (2014). Government portal. Retrieved from https://www.kmu.gov.ua/diyalnist/yevropejska-integraciya/ugoda-pro-asociacyu
Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation. Retrieved from https://www.refworld.org/docid/583d783a7.html
Danova K.V., Khvorost M.V., Malysheva V.V. (2020). Employee reliability analysis by criteria of life activities limitations. Bulletin of the Dnipro State Academy of Construction and Architecture, 6 (271-272), 87-94.
Directive No. 89/391/EEC of the Council on the introduction of measures to encourage the improvement of safety and health protection of workers at work (ed. 2008). Verkhovna Rada of Ukraine. Retrieved from https://zakon.rada.gov.ua/laws/show/994_b23#Text
Danova K., Malysheva V. (2020). Taking into account functional limitations in assessing the risk of injury of employee with disability. Municipal Economy of Cities, 3(156), 165–169.
On the approval of the Concept of reforming the labor protection management system in Ukraine and the approval of the plan of measures for its implementation (ed. 2018). Verkhovna Rada of Ukraine. Retrieved from https://zakon.rada.gov.ua/laws/show/989-2018-%D1%80?lang=ru
Danova K., Khvorost M. (2018). The role of the professional-labor rehabilitation of persons with disability in the context of occupational safety. Municipal Economy of Cities, 142, 119-123.
State Statistics Service of Ukraine. Retrieved from https://www.ukrstat.gov.ua/
Basilenko A., Talanchuk I., Davydenko H. & others; edited by A. Basilenko (2022). Employment of people with disabilities: the best practices: method. manual. «Ukraine» University, 198 р. Retrieved from https://uu.edu.ua/upload/Nauka/Electronni_naukovi_vidannya/Inkljuzivne_osvitn_seredovische/pracevlashtuvannja_ludej_z_invalidnistu_kraschi_praktiki.pdf
Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services. Retrieved from http://data.europa.eu/eli/dir/2019/882/oj
On approval of standard forms of employment contracts on home and remote work (2021). Ministry of Economy of Ukraine. Retrieved from https://zakon.rada.gov.ua/laws/show/z0886-21#Text
Danova K., Malysheva V., Bogatov О., Chencheva О. (2020). Research of the occupational risk at workplaces of workers with disabilities. Journal of Scientific Papers «Social development and Security», 10(6), 9-18.
A new procedure for determining disability will be introduced in Ukraine: the reform of the MSEK will start. (2023). Court-legal newspaper. Retrieved from https://sud.ua/uk/news/publication/260885-v-ukraine-budet-vnedrena-novaya-protsedura-ustanovleniya-invalidnosti-startuet-reforma-msek
Zubchenko S.O., Kaplan Y.B., Tyshchenko Yu.A. (2020). Creating a barrier-free environment and social inclusion: world experience for Ukraine: analytical report, 24 р.
Tyshchenko O.V. (2014). Law of social security of Ukraine: theoretical and practical problems of formation and development of the industry: monograph. SE «Print Service» 394 p.
On making changes to some laws of Ukraine regarding the protection of social, labor and other rights of individuals, including during martial law, and simplifying the registration of workplaces for persons with disabilities (2022). Verkhovna Rada of Ukraine. Retrieved from https://zakon.rada.gov.ua/laws/show/2682-20#Text
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