Implementation of the regulation on employment of persons with disabilities

People with disabilities are a special category that needs additional social protection. One of the elements of this social protection is assistance to such persons in employment.

For this purpose, the norms of employment of disabled people are fixed by law. That is, depending on the capacity of the enterprise, there are special quotas for the employment of persons with disabilities.

For example, if the staff of the enterprise is from 8 to 25 people, then at such an enterprise there should be at least one workplace for persons with disabilities.

If the number of employees is more than 25, then the norm for disabled people is at least 4% of the average registered number of full-time employees.

To whom does this regulation apply?

The regulation on the employment of persons with disabilities applies to all enterprises without exception.

That is, regardless of the form of ownership or the taxation system, everyone must comply with the specified standard regarding workplaces for such persons.

Exceptions are only those enterprises in which no more than 7 people work, as well as representative offices of foreign companies that do not have the status of a legal entity.

Fulfillment of the standard will be considered fulfilled under the following conditions:

• For persons with disabilities, this place of work is the main one. Accordingly, part-time employees are not included in the standard;
• The disability of employees must be confirmed by a copy of the certificate to the MSEK inspection report; a copy of a pension certificate or a certificate of a recipient of state social assistance paid instead of a pension.

It should be noted that it does not matter with which disability group the employee works, as well as the length of his working hours. If an employee is assigned a disability group while working at the enterprise, and such an employee continues to work, this is also included in the norm.

Reporting

Prior to the amendment to Article 19 of Law No. 875 on employer compliance/non-compliance with the Social Protection Fund for Persons with Disabilities standard, the employer had to submit a Report (form No. 10-POI). But today this form of reporting has been canceled.

Therefore, compliance with the specified standard is mandatory. Failure to comply with it may result in sanctions and liability.

If there are questions about the correct implementation of this provision of the Law, you can always get professional advice from labor law specialists.