“Everyone has the right to work…”
Article 43 of the Constitution of Ukraine
There are more than 3 million people with disabilities in Ukraine today. According to the Ministry of Social Policy, the number has increased by 300,000 in just two years. This is 10% more than before. And this is not just a number. These are people with experience, professions, and talents who are willing and able to work.
But a logical question immediately arises: How can an employer organize the conditions for an employee with a disability without getting lost in the paperwork and rules? Let’s find out…
What does the law say?
It’s simple. If your company employs or plans to employ a person with a disability, you must create comfortable conditions for them in accordance with medical recommendations.
Until 2025, everything was standard:
- the person underwent a medical and social examination (MSEC),
- the person received a certificate with clear (or not so clear) instructions on working conditions,
- the same information was duplicated in the individual rehabilitation program.
From January 1, 2025, according to the order of the Ministry of Health No. 2067, the system changed:
- instead of the MSEC certificate there is now an extract from the decision of the expert team for functioning assessment,
- and recommendations – which are part of an individual rehabilitation program.
And here’s the kicker. The new document forms do not contain a single specific word about what exactly needs to be created in the workplace. Most often there is just a phrase: “can work in specially created conditions”. Without any explanation of what these conditions are. And the employer is left alone with this wording.
Specially created working conditions” – what does it mean?
There is currently no clear definition in Ukrainian legislation. Therefore, we are guided by common sense and Article 38 of the Law “On Rehabilitation of Persons with Disabilities” and logic, and from January 1, 2026, by the new Law No. 4219.
If the employee’s documents contain a phrase about special conditions, you must create them. What can be included in such “specially created working conditions”?
It could be:
1. Equipment and machinery: adapted computers, programs that read text from the screen, special mice, keyboards, furniture, chairs.
2. Location: ramps, wide doors, handrails, convenient lighting, less noise, simple layout.
3. Working schedule: flexible schedule, the ability to work from home, additional breaks.
4. Tasks: adapted scope of work, redistribution of functions in the team.
5. Support: accompaniment of a fellow mentor (supervisor), an assistant or a sign language interpreter, if necessary.
All of this must be enshrined in an order, defined in the job description of such a person, and specified in the employment contract with him or her.
How to employ a person with a disability – a complete guide.
STEP 1: Get the documents.
The candidate must have:
- MSEC certificate (until 2025) or an extract from the decision of the expert team (from 2025).
- Individual rehabilitation program (IRP).
Pay attention to phrases in documents like:
“Can work in specially created conditions”, “Not recommended for use in high noise/stress/temperature conditions”.
STEP 2: Study the recommendations.
It is important to make sure that the recommendations in the documents do not contradict the duties of the job. For example, if it says “work at heights is contraindicated” and the job description is for an installer, this is a potential problem.
STEP 3: Involve specialists.
We recommend assembling an internal “expert mini-team”:
An HR specialist, an occupational health and safety specialist, a lawyer, and, if necessary, a psychologist or medical consultant. The team’s task is to assess whether it is feasible to create the necessary conditions and how to do it correctly, both legally and technically.
STEP 4: Medical examination (if needed).
Article 17 of the Labor Protection Law stipulates that a preliminary medical examination is mandatory for:
employees under the age of 21,
those who will work in harmful or dangerous conditions
or in jobs requiring professional selection.
If one of these conditions is present, a medical examination is a mandatory procedure. We told you how to conduct a medical examination in our article. Link to the article.
STEP 5: Discuss the details with the candidate.
This may include:
flexible or reduced hours;
additional breaks;
remote work format;
reduced workload;
a special workplace;
assistant/supervisor.
It is better to discuss everything with the person directly – what they really need, what is important and will create additional comfort for them.
STEP 6: Document everything.
The package of documents, in addition to personnel documents, should include:
- an order on the implementation of special conditions,
- job description with adaptations,
- an employment contract with a prescribed schedule, terms and conditions, and scope of duties,
- schedule of possible medical examinations.
STEP 7: Conduct trainings.
Introductory, initial – all according to labor protection and fire safety standards. Just like for any other employee.
STEP 8: Create conditions for adaptation.
The onboarding of a new employee, especially when it comes to a specialist with a disability, is indeed an investment that requires attention and resources. However, it should not be seen as an additional burden, but as a strategic advantage. By opening your doors to talented professionals, regardless of their physical abilities, you not only enrich your team with valuable skills and experience, but also demonstrate leadership in creating a fair and inclusive work environment.
If you have any questions, we are always here to help you cross your t’s and dot your i’s and move forward.”
Kateryna Grimovych
Occupational health and safety engineer
