What salaries do employees with disabilities receive: from July 1, this will be checked by employers
Employers in Ukraine will begin to be inspected under new rules regarding the fulfillment of the quota for jobs for persons with disabilities.
The Cabinet of Ministers has effectively created a separate control mechanism that defines exactly how the State Labor Service will inspect enterprises, how often inspections can be conducted, which documents officials have the right to request, and in which cases the employer may deny inspectors access.
The new rules also specify which indicators will be analyzed during inspections — from the number of employed persons with disabilities to their salary levels and working conditions.
All this was established by government resolution No. 659, and the control under the new procedure will begin to apply to periods starting from July 1, 2026.
New procedure for employer inspections
The Cabinet of Ministers approved a new procedure for monitoring compliance with the quota of jobs for employing persons with disabilities and for conducting inspections of employers regarding its observance.
The document defines the mechanism for conducting scheduled and unscheduled inspections by the State Labor Service and its territorial bodies. At the same time, the government established that state supervision measures in this area will be conducted for periods starting from July 1, 2026.
The resolution also cancels a number of previous government decisions that regulated these issues from 2007 to 2023.
What exactly the State Labor Service will check
According to the new procedure, the subject of inspections will be employers' compliance with the quota of jobs for employing persons with disabilities, as provided by the Law "On the Fundamentals of Social Protection of Persons with Disabilities in Ukraine."
Inspections will be conducted at the place of the employer's activity or its separate subdivision. In cases defined by law, the inspection may also take place at the premises of the State Labor Service or its territorial body. All measures must be carried out during working hours and in the presence of the employer or an authorized person.
How often scheduled inspections will be conducted
Scheduled inspections will be conducted according to annual plans, which the State Labor Service will approve no later than December 1 of the year preceding the planned year. If the employer has separate subdivisions, inspections may be conducted simultaneously in all subdivisions or each may be included in the plan separately.
During a scheduled inspection, the period from the date of the previous inspection will be controlled, but not more than the last three years.
The frequency of inspections will depend on the risk level:
- high risk level — no more than once every two years;
- medium risk level — no more than once every three years;
- low risk level — no more than once every five years.
The employer must be notified in writing about the scheduled inspection no later than 10 days before its start. The notification will be sent by registered mail or handed over against signature.
The duration of a scheduled inspection cannot exceed 10 working days, and for micro and small enterprises — five working days. Extension of the term is not allowed.
When unscheduled inspections are possible
Grounds for conducting unscheduled inspections are separately defined. Among them are:
- a written application from the employer;
- failure to comply with an order to eliminate violations;
- appeals from individuals about violations of their rights;
- information from the Pension Fund of Ukraine about possible signs of violation of the legislation regarding quota compliance.
An unscheduled inspection can be conducted regardless of the number of previous inspections, but a repeated inspection on the same fact is prohibited.
The duration of an unscheduled inspection is also limited: up to 10 working days, and for small enterprises — up to two working days.
What rights the State Labor Service inspectors will have
To conduct an inspection, the State Labor Service or its territorial body must issue an order and prepare a referral. Before the inspection begins, officials are obliged to present their official IDs and provide a copy of the referral to the employer.
During the inspection, inspectors will have the right to:
- familiarize themselves with documents and registers;
- receive explanations and copies of documents;
- use information from state registers;
- with the employer's consent, conduct photo and video recording;
- involve representatives of trade unions, employers' organizations, state bodies, and other legal entities.
What rights employers will have
The employer will have the right to be present during the inspection, involve third parties, provide explanations and objections, appeal orders and actions of officials, and demand non-disclosure of confidential information or trade secrets.
The employer may also deny inspectors access to the inspection in cases defined by law, including:
- if the inspection is conducted in violation of the inspection frequency;
- if a copy of the referral was not provided;
- if there was no proper notification about the scheduled inspection;
- if the inspector did not make an entry in the inspection log;
- if a repeated unscheduled inspection on the same fact is being conducted.
At the same time, the employer will be obliged to allow officials to conduct the inspection, provide documents, and comply with orders to eliminate violations.
What documents will be drawn up based on the inspection results
Based on the inspection results, an act will be drawn up in the form approved by the Ministry of Economy.
The act will indicate:
- calculation of compliance or non-compliance with the quota;
- the number of employed persons with disabilities;
- their salary level;
- the number of jobs with heavy or hazardous working conditions;
- the number of employed persons with disabilities of group I and certain categories of group II.
If violations are found, within five working days after the inspection is completed, an order to eliminate them will be drawn up. The employer will be able to appeal such an order in the manner prescribed by law.
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