New Procedure for Assessing Companies for Purpose of Granting Inclusive Benefits

On 10 February 2026, the Ministry of Economy, Environment and Agriculture of Ukraine published a Draft Resolution of the Cabinet of Ministers of Ukraine “On Approval of the Procedure for Assessing and Providing Conclusions on Compliance with the Criteria Entitling Enterprises/Entrepreneurs Engaged in the Labor Integration of Persons with Disabilities and/or Protected Employment Enterprises Engaged in Non-Commercial Economic Activities to Benefits”.

The Draft Resolution was developed in accordance with Law of Ukraine No. 4219-IX dated 15.01.2025 with the aim of introducing a clear mechanism for confirming entitlement to state benefits.

In particular, the Procedure provides that:

  • compliance assessment will be carried out by the State Labor Service of Ukraine and its territorial bodies;
  • the procedure will be initiated upon request of the employer or the Pension Fund of Ukraine;
  • the inspection period is limited to 20 working days from the date of registration of the request;
  • the analysis may take place either in the form of an on-site inspection or remotely by reviewing documents and information provided.

The criteria for enterprises integrating persons with disabilities into the workforce include:

  • employment of persons with disabilities at a level of at least 50% of the staff (or at least 30% of persons with disabilities in groups I or II);
  • ensuring that persons with disabilities are paid above the minimum wage established by law (as of 01 January 2026 – 8 647 UAH);
  • compliance of production and office premises with accessibility and safety requirements;
  • adaptation of workplaces to the needs of employees, if necessary, with the involvement of social support or a personal assistant.

Similar requirements are stipulated for sheltered employment enterprises engaged in non-commercial economic activities, but in such enterprises, the number of employees with disabilities of groups I or II must be at least 50% of the staff (or 30% if they are persons with visual impairments or mental disorders).

In addition, these enterprises must not be profit-oriented and must not produce excisable goods, and all income received must be used exclusively to ensure statutory activities.

We will closely monitor further developments in this area and report on them in the future Legal News.