Ukraine: Updated Regulations for Employing Persons with Disabilities

Key changes

• The employer is required to provide the person with disabilities with reasons for the refusal to conclude an employment agreement or to transfer such person to another position (i.e., a promotion).
• Employers are required to provide reasonable accommodation in the workplace for persons with disabilities (e.g., purchase special equipment, change the scope of duties, etc.) at their own expense, at the expense of the State Fund For Social Protection of Persons with Disabilities, or using other financial sources not prohibited by law.
• If an employee has become disabled due to an accident or occupational disease, the relevant employer is obligated to take measures to ensure the employee's return to work by taking all necessary measures for the reasonable accommodation of the employee within four months from the date of notification by the employee of readiness to resume work or from the date of the employee's actual return to work. If the employer fails to fulfill this obligation, they must compensate the employee for lost earnings in an amount equal to three times the average salary at the employer's enterprise for the entire period of non-fulfillment of those obligations (but capped at six months).
• Employers may choose between the following options to support persons with disabilities:
  • Employing persons with disabilities in accordance with the following quotas: one workplace for employers with 8 to 25 employees; 4% of workplaces for employers with more than 25 employees; 2% of workplaces for employers whose main business is rehabilitation, training, or care for persons with disabilities; or
  • Paying a contribution to support the employment of persons with disabilities ("Contribution"), which will replace the currently existing fine for noncompliance with the above quotas.
• The amount of the Contribution is to be calculated by the employer as a product of the following indicators for the relevant quarter:
  • 40% of the average monthly salary at the enterprise in the relevant calendar quarter
  • The number of months in the quarter
  • The difference between the quota of the workplace for disabled persons and the average number of employees with disabilities at the enterprise in the relevant quarter (with due regard to the salary requirements established by the Law).
• Non-payment of the Contribution within the time limits established by the Law will trigger accrual of penalties and fines.
• Violations of laws on the employment of persons with disabilities may trigger audits by the State Labor Service and result in the imposition of fines.
• The list of companies eligible for financial assistance for the employment of persons with disabilities has been supplemented with the following types (specific criteria to obtain this status must be met):
  • Labor integration companies: to qualify, at least 50% of the average number of full-time employees should be persons with disabilities, or the premises and workplaces must be accessible to persons with disabilities through reasonable accommodation, etc.
  • Protected employment companies engaged in non-commercial business activities: at least 50% of the average number of full-time employees should be persons with disabilities of Grade 1 and/or Grade 2, or the company's revenues must be used solely to further the statutory (non-commercial) activities of the company, etc.

Recommendations

The Law will take effect on 1 January 2026, with certain exceptions. We recommend that employers consider these changes when planning their future business activities. Additionally, for your information, we have prepared a brief overview of key hiring models in Ukraine.

By Lina Nemchenko, Partner, Mariana Marchuk, Counsel, Baker McKenzie