Ukraine

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Relevant Legislation: The UN Convention on the Rights of Persons with Disabilities is ratified  by the Verkhovna Rada of Ukraine (Parliament) and is part of the domestic legislation of Ukraine. The basic law that forms the domestic policy on ensuring the employment of persons with disabilities and incorporates most of the international norms and recommendations in this area is the On the Basics of Social Protection of Persons with Disabilities in Ukraine states that Persons with disabilities in Ukraine have full socio-economic, political, and personal rights and freedoms enshrined in the Constitution of Ukraine, laws of Ukraine, and international treaties ratified by the Verkhovna Rada of Ukraine. The system of social protection of persons with disabilities in terms of the implementation of their rights to work is formalised in the Constitution of Ukraine  and regulated by the provisions of the Code of Labour Laws of Ukraine, and other laws of Ukraine including On the basics of social protection of persons with disabilities in Ukraine, On rehabilitation of persons with disabilities in Ukraine, On labour protection  and other statutory instruments. C111 - Discrimination (Employment and Occupation) Convention, 1958 (No. 111) The 110th ILC session (2022) supervisory board comment of the ILO C111 - Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Ukraine (Ratification: 1961) reports in Article 1(1)(b), Other grounds of discrimination, Persons with disabilities, that pursuant to the Employment Act (2012) and the Act on social protection of persons with a disability (1991), the State Employment Service facilitates the employment of persons with a disability in jobs that are created or adapted for them in enterprises, institutions and organizations, taking into account the recommendations of the Medical and Social Expert Commission (MSEC). The employer cannot refuse to employ a person with a disability, based on this disability, except in cases where, according to the conclusions of the MSEC, their health status would impede the performance of their professional responsibilities or threaten the health and safety of other persons. Quota Legislation: Quota of 4% for employers with more than 25 employees, 1% for employers with 8-25 employees must be observed by enterprises, institutions, organizations, and individuals who use hired labour. The Fund for Social Protection of Persons with Disabilities and its territorial branches ensures the implementation of the workplace quota system for the employment of persons with disabilities.