The improvement of legal regulation in Ukraine of the realization of the rights of persons with disabilities in the field of labor relations

Abstract

The article provides an insight into the prospects for improving the legal regulation of the implementation of the rights of persons with disabilities in the field of labor relations. It puts forward specific proposals for enhancing the existing legal framework in this area. The author suggests the development and adoption of a draft law in Ukraine, titled “On Ensuring the Social Security of Persons with Disabilities in the Field of Labor Relations.” This proposed draft law suggests the addition of a new paragraph to Paragraph 1 of Part 1 of Art. 20 of the Law of Ukraine “On the Cabinet of Ministers of Ukraine”. This new paragraph will outline the responsibilities of the government in relation to the approval of draft strategies and concepts aimed at improving the social security level for the general population and specifically for persons with disabilities. Additionally, the draft law proposes the addition of Chapter VIII to the Labor Code of Ukraine consisting of two articles: Art. 129-1, “Approval and Implementation of Annual Strategies for Ensuring Social Security of Certain Categories of Employees at Enterprises, Institutions, and Organizations,” and Art. 129-2, “The Activities of the Commissioner for Ensuring the Rights of Persons with Disabilities at the Enterprise, Institution, and Organization”. Additionally, the proposed draft law suggests supplementing the Law of Ukraine “On Employment of the Population” with Art. 26-1 (“Intervention programs in the field of employment”). This article will incorporate relevant and useful social and legal practices that are already in use in Ukraine, based on the Decree of the Minister of Labor and Social Policy of Poland dated 24th June, 2014. To ensure the comprehensive nature of the relevant legislative changes, the author also highlights the need for amendments to the Criminal Code of Ukraine. Taking into account the experience of legal regulation in the French Republic, the necessity of supplementing parts 3 and 4 of Art. 172 (“Gross violation of labor legislation”) of the Criminal Code of Ukraine is justified. The norms will strengthen legal responsibility for gross violations of labor legislation committed through discriminatory actions, as well as for such acts committed by a public official. The article concludes with a summary of the study’s results.