Cancellation of guarantees and dismissal for lack of work: what the new draft law prepares for civil servants
19 November 2024 13:53
The Verkhovna Rada Committee on Social Policy has recommended adopting government draft law No. 12209 in the first reading. This document proposes a number of changes, in particular to the Law “On Civil Service”, and also provides for the introduction of new approaches to determining the ability to work, "Komersant Ukrainian" reports
What will change for civil servants
The draft law proposes to update Article 87 of the Law “On Civil Service”, which regulates the termination of civil service at the initiative of the appointing authority. Two main innovations are proposed.
- New grounds for dismissal. A civil servant may be dismissed if he or she has been absent from work for more than 485 consecutive calendar days during the year due to temporary disability (except for maternity leave). This is possible if the results of the performance evaluation show that the employee is unable to perform his or her duties.
- Cancellation of job security. It is proposed to exclude from the law the provision that provides for the retention of a position for employees who have become incapacitated in the performance of their duties until they recover or are diagnosed with a disability.
Ability to work: a new approach
The draft law introduces the concept of “working capacity status”, which will assess a person’s functional limitations in performing labor activities. At the same time, the status of “disability” will remain unchanged.
The work capacity assessment will be part of a comprehensive rehabilitation process that will include
- an individual approach to health recovery;
- provision of free medicines, social services, and rehabilitation aids;
- the possibility of retraining or acquiring a new profession.
The assessment will be conducted after the rehabilitation is completed and will determine a person’s ability to return to work.
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New categories of working capacity status
- “Persistent total disability”. The person will automatically receive a monthly insurance payment.
- “Persistent partial disability”. It provides for assistance in returning to work, studying or retraining, as well as a monthly payment provided that the person facilitates his or her own employment.
- Able-bodied persons. If the assessment determines that a person is able to work, he or she will be considered to be in need of social support and able to provide a decent standard of living on his or her own.
How the assessment will be conducted
The assessment procedure will be remote and anonymous. Data about a person will be provided without specifying a name or surname. You can apply for a work capacity assessment in electronic or paper format after completing rehabilitation. An independent expert will determine the status of working capacity on the basis of a rehabilitation referral.
According to its initiators, the adoption of this draft law is aimed at improving the social protection system and optimizing the work of the civil service.
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