Programmes and Welfare Benefit Systems

1. Non-discrimination legislation

The equal treatment of disabled and non-disabled citizens is stated in two amendments both introduced in 1997.

• Article 7 of the Austrian Constitution states that: ”Nobody may be disadvantaged due to his or her disability. The Republic (Federation, Provinces and Local Authorities) is committed to ensuring the equal treatment of disabled and non-disabled persons in all fields of daily life”.
• The Introductory Law to the Law on Administrative Procedure and Trade Regulation also states that discrimination on various grounds (amongst others also disability) is subject to legal penalty.

However, anti-discrimination legislation has only a weak impact on the vocational integration of disabled people (EIM, 2001).

2. Quota obligations

An employer with more than 25 employees is generally obliged to employ a registered disabled person for every 25 employees. This quota can be altered by the Federal Minister for particular areas of economic activities. Blind persons and some other target groups are counted as two. If an employer does not completely fulfil his obligation he has to pay a compensation levy (‘Ausgleichstaxe’) gathered in a fund used to promote the vocational integration of disabled persons.

3. Routes to employment (including special assessment)

A (federal) law with a major impact on employment policy in Austria is the Disabled Persons Employment Act (‘Behinderteneinstellungsgesetz”). It regulates the integration of disabled persons of working age. People, who have a degree of disability of at least 50% determined by a medical examination, will be admitted the status of ‘registered disabled person’. They are granted specific benefits such as allowances for transport, labour costs, education benefits. They are also subject to the quota scheme and are protected against dismissal.

 
In addition, each of the nine Austrian ‘Bundesländer’ has a legal framework concerning disability and integration into the labour market, which supplements the federal framework. It regulates the integration of people with a degree of disability of less than 50%. These regional laws are very alike and differ only in the level of financing and the duration of the integration measures.

 
The route to employment and professional integration starts with a clearing procedure (called ’clearing‘ when it concerns school leavers and ‘BI-plan‘ in the case of working people). This is done by schools or by an ‘Arbeitsassistent‘. The aim is to establish an adequate individual job conception and to avoid mismatches between subjective expectations and reality. The clearing procedure results in an action plan for orientation and job placement. After this procedure there are 3 possibilities:

• Orientation: in special schools (‘Berufsvorbereitungsschulen or BVP’)
• Education: apprenticeship, adapted apprenticeship or qualification programmes (‘Qualifizierungsprogramme’). The adapted training differs from the general training. In adapted training the classes are adjusted to the capabilities and talents of the participants. This way, people with learning difficulties can also complete their training. The qualification programmes are mainly focussed on training manual work. This way the participants can enter the labour market after three years of courses as qualified assistant workers.
• Job placement: either in ‘Werkstätte’, in integration enterprises (‘Integrative Betriebe’) or in open employment.

Those programmes are mainstream programmes for the group of unemployed as a whole and disabled people constitute only a small fraction of the total number of participants. Nothing is known about the participation of people with learning disabilities.

4. Vocational training

Vocational training programmes in Austria include four (mainstream) programmes: qualification (‘Qualifikation’), training for the unemployed (‘Training von Arbeitslosen’), apprenticeships in companies and apprenticeships in institutions. Moreover companies qualifying and training a disabled person receives a bonus for vocational training amounting to the compensatory levy.

• ‘Qualification’ provides further education for unemployed people (financial accounting, English, IT skills …) or vocational retraining (carpenter, secretary …). The participation rate of disabled people here is low. The measures are mostly only provided in specialised institutions and do not take place in the open labour market. There are in some Länder initiatives and programmes in the open labour market.
• ‘Training for the unemployed’ provides a trial period in a potential new job in the open labour market. Following the orientation phase, the qualification, the active job finding and training, it is the last step in a programme of integration.
• The programme ‘apprenticeships in companies’ tries to make apprenticeship more attractive to companies by subsidising it (see infra). About 8000 disabled people participated in this scheme in 1998, which makes it, in quantitative terms, the most important LMP for disabled people in Austria.
• ‘Apprenticeships in institutions’ give financial support to ensure apprenticeships in specialised institutions for young people who would otherwise have difficulties to find an apprenticeship.

The bonus for vocational training is used for about 7000 disabled persons (of all kinds), which makes it also an important tool for labour market integration.

5. Subsidised employment

A ‘company integration subsidy’ (‘Betriebliche Eingliederungsbeihilfe’) for disabled people has existed in Austria since 1993 and in several regions since 1978. Funding agencies may be regional governments (‘Bundesländer’), the federal government (the ‘Bund’), the public employment service (‘Arbeitsmarktservice or AMS’), or social security agencies. The measures are always based on the rehabilitation plan.

The scheme includes several measures:

• Job trial (‘Arbeitserprobung’): this measure provides a wage cost subsidy of 50% of the gross wage during a period of 3 months
• Wage cost subsidies (‘Lohnkostenzuschuss’) are income-related subsidies (of between 20% to 50% of the gross wage with an upper limit) to compensate the reduced productivity of disabled workers. During the rehabilitation period the subsidy can even be higher.
• Integration subsidies (‘Integrationsbeihilfe’) are aimed at unemployed disabled people (with at least 30% disability) to support their labour market reintegration. The subsidy is independent of the degree of disability and may amount to 30% to 70% of the gross wage. It runs digressively and can, varying from region to region, cover one to three years.
• Apprenticeship subsidies (‘Lehrstellenförderung’) provide financial support for youngsters and young adults with disabilities.
• Integration job places (‘Integrativer Arbeitsplatz’): this measure targets people with intellectual or multiple disabilities with more than 50% reduced productivity.

6. Subsidies to offset the cost of adaptations to the workplace, on-the-job support and transport

Companies can apply for funds taken from the Compensatory Levy Fund to adapt the working place. A mobility aid to go to work exists for people who cannot use the usual means of transport. The Compensatory Levy Fund has other tasks in reimbursement of costs as well.

7. Sheltered ‘employment’
Integration enterprises (‘Integrative Betriebe’) aim to prepare the disabled for the open labour market. If possible, integration enterprises have to meet a quota of 80% disabled clients. Disabled people who work in integration enterprises are granted social insurance and dismissal protection. They are paid in accordance with the collective agreement for the line of business that corresponds to the principal production range of the factory in which they work. If a person with a disability wishes a change of employment from an integrated factory to employment in a free enterprise, the position in the integrative factory will be kept open for up to three months to avoid the risk of losing it. For people with disabilities who cannot work in the general labour market, permanent positions are created in integrative factories (‘Bundesministerium fur Soziale Sicherheit an Generationen, 2003’). Employees are offered an intensive social, psychological and medical care programme.

 
Integration enterprises are supposed to earn most of their budget from handcrafted products or commissioned work for companies of the first labour market (the open labour market). In terms of number of participants and compared to other countries this is a rather small sector. In 2002 only 1400 disabled people were employed. However nothing is known about the participation of people with learning disabilities.

 
8. Supported employment

The main tools in Austria to integrate disabled people in the regular labour market are the clearing project and the ‘Arbeitsassistenz’-project (job placement worker). The clearing project aims to profile the strength and weaknesses of people coming from school, to define further steps. The Arbeitsassistenz supports disabled people in finding suitable employment and provides assistance if problems occur at the workplace. It started on a federal level in 1992 as an experimental project for people with mental health problems, who are still the main target group (In some Länder for example Vorarlberg they started with those initiatives in 1971). This target group was broadened in 1995 to include unemployed persons with disabilities or people who were in danger of losing their jobs due to physical or mental impairment. Since 1995 it was co-funded by the European Social Fund (ESF) and it remains an important part of Austria’s ESF-target III programme up to 2006. The programme achieved legal status as it has been implemented in the Disabled Persons Employment Act.

 
The ‘Arbeitsassistenz’-project is interesting because some studies were carried out about the effectiveness of the programme and some data are available about the use of the programme by people with learning disabilities. The programme was also already subjected to international debate (see Blumberger, 2001).

 
In 1999, 83 projects were running in several regions of Austria with a total staff of 174 people (FTE). Providers are mainly non-profit organisations. 339 out of 2127 persons (16%) ‘in care’, who were effectively job-coached while employed, were people with learning disabilities (data for 1997). Moreover about 6000 persons received intensive counselling in preparation of employment of which also 16% were people with learning disabilities. Finding jobs is easier in smaller firms who don’t have an elaborate system of personnel management and gratefully accept the offer of Arbeitsassistenz.

 
The job-assistant is a vital link in the programme. Most of them are social workers and some are academics (psychologist and pedagogues). The professional background of job-assistants, who have hardly any practical experience in private companies, was a point of discussion at the beginning. This problem could be solved through experience and through increasing the number of job assistants with a professional history in private industry. On average a job-assistant has a case-load of 20 persons. When people with learning disabilities are taken care of the case-load is reduced to 13 persons.
A survey of employers or personnel managers in companies revealed that half of the respondents knew the Arbeitsassistenz-programme and 3% of Austrian companies had practical experience with the programme. However, 4 out of 10 who know the programme would not like to take on further co-operation. Survey of disabled people using the services showed that the programme is very well accepted among this group. Finding acceptance with service providers in the field of vocational integration through qualification was not easy because it established the policy that placement can be done without lengthy job finding in training schemes.

9. Commentary on legislation, policy, almp’s and funding from providers

(by Dr. Michael Himmer, Institut für Sozialdienste, Vorarlberg, Österreich)

Legislation: role of authorities

At the moment there are different responsibilities for vocational integration, which leads to confusion among companies, users and supporting agencies. There should be one clear and transparent incentive measure programme for people with special needs and learning disabilities.

 
Many employers are ready to hire people with disabilities but are worried by bureaucratic measures. A closer co-operation between the authorities of the federal and provincial government is required. The key competence for people with disabilities should remain with the provincial governments e.g. a one stop office for vocational integration of people with disabilities.

 
The distinction between people with a 50% degree of disability and 50% productivity is wrong (in relation to the ‘Behinderteneinstellungsgesetz’).

 
Knowing the importance of monitoring and documentation for authorities, it seems that documents are more important than results. Since results are successful integration models for human beings it is not always possible to write it down. Partnership between authorities, users and providers should be built on trust and confidence.

 
To have effective co-operation between providers and authorities, long term arrangements with guaranteed rights and duties for both sides should be agreed upon. Moreover both sides should stick to these agreements.

Role of providers

Providers should aim at transparency and planning in the integration process with their users and partners.

 
Specialisation of providers should not prevent the users’ choice for and right to independent living. The provider must guarantee that the overall objective is to empower the user for independent living.

 
Financing systems for providers

Providers have to fight every year for the necessary subsidies, sometimes even monthly. On the one hand, it is only fair to demand professional management of providers and they have to change their systems. On the other hand, providers need a confirmation of the financial support they may receive to help them in long term planning. Only clear and fair agreements about costs and services between authorities and providers will guarantee high quality.

Protection against dismissal

Some of the people with learning disabilities are protected against dismissal. This may also be a reason for employers not hiring people with disabilities (not always the real reason). So at least the first phase (three months) of working together should be without any obligations for companies.

Vocational training

Training programs should start early, if possible at school. It is a waste of time and knowledge that co-operation between services and teachers is not very much developed. To fill this gap, either the school system must face the needs of the labour market more intensively, or the labour agencies (providers and authorities) should start to work in schools with people with learning disabilities. Social skills are the preconditions to getting paid work. Sometimes authorities do not consider training programmes as a part of vocational training.

Apprenticeship

We have to invest significant time and effort in redesigning the systems of apprenticeship to empower people for their first step into labour market. Companies need qualified people. If people with disabilities are not able to make the first step they will increasingly lose the chance to participate in the labour market and will continue to have problems throughout their life.

References

Blumberger W. (2001), “Arbeitsassistenz” Support for the Integration of Disabled People into the Labour Market, http://peerreview.almp.org/pdf/ind-exp-paper-AUST-jan01.pdf

Bundesministerium fur Soziale Sicherheit und Generationen (2003),
http://www.bmsg.gv.at/

Bundesministerium fur Soziale Sicherheit und Generationen (2004), Bericht über die Lage der Behinderten Menschen in Österreich, March

Federal Ministry of Social Security and Generations, (2002), Reorganisation of Integrative Corporations. Summary Final Report. Federal Ministry of Social Security and Generations, Wien, Austria.

 
Iser W., (2001), Institutional Background of the “Arbeitsassistenz”, Federal Ministry of Social Security and Generations, Wien, Austria, 

Lassnigg L., Scheibelhofer E., (2002), Employment Policies for disabled people. Country report Austria. EIM Business & Policy Research, Zoetermeer, the Netherlands

 
National Summary Questionnaire Austria, LABOr Project 2003

 
Schuster G., (2001), Development and Perspectives of the “Arbeitsassistenz”, Federal Office of Social Affairs, Wien, Austria

van Lin M., Prins R., de Kok J. (2002), Active Labour Market Programmes for People with Disabilities. Fact and figures on use and impact. EIM Business & Policy Research, Zoetermeer, the Netherlands

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1. Quota obligations in the public sector

There are several levels of governments (federal - regional - local) for which quota have been set. A previous government had the intention to change the system at the federal level but the proposed new regulations have not yet been issued. Therefore the federal situation remains confused. The regional governments have set new quota in the 1990's and although they have not been met, there is some progress. At the local level some municipalities exceed the quota whereas others employ no disabled people at all. There is no data on the type of disability of the persons that have been hired under the quota system. However, the qualifications that are required of new job-applicants makes it almost impossible for people with an intellectual disability to obtain a civil service job.
There are no quota obligations in the private sector.

2. Non-discrimination legislation

In 2002 the Flemish parliament approved a decree on employment equity and the Belgian parliament approved a law to combat discrimination. This legislation is too recent to evaluate what the impact on the employment of people with an intellectual disability will be.

3. Medical Rehabilitation

Medical rehabilitation measures are financed by the federal health insurance or by private insurance companies. There are rehabilitation centres for people with an intellectual disability, but only for children and youngsters and not for adults. Therefore the direct contribution of medical rehabilitation to the employment of adults with an intellectual disability is rather limited.

 
Many measures are taken on the regional level and are administered separately in Flanders, in the Walloon region, in Brussels or in the (small) German-speaking community. The same types of measures are available in all the regions, although they may have other names and differ in the details.

 
FLANDERS

The following measures may be taken when a person has officially been labelled as 'disabled' by the Flemish Agency for Disabled Persons and has been diagnosed as in need of help to participate in the labour market. None of these measures is exclusively aimed at people with an intellectual disability but those people may use them all.

1. Pathways to Work (Arbeidstrajectbegeleiding - ATB)

Every disabled person who registered with the Flemish Fund and is in need in the field of work is referred to a special service (ATB - Pathways to Work). This service will guide the person through the various stages towards the labour market. There are five such services (one in each province) and they provide guidance to about two to three thousand people a year. It is estimated that at least one third are people with an intellectual disability. The ATB-service provides the guidance in close collaboration with the general employment office (the ATB-offices are in one-stop centres) and in collaboration with the specialised services, which are discussed hereafter.

Special assessment

When there is need for a special assessment to find out what sort of training is appropriate or what kind of work a person is capable of, the person is referred to one of 17 assessment centres. They all serve people with an intellectual disability as well as others, but the proportion of the intellectual disabled is not exactly known.

2. Vocational training

Specialised vocational training is offered 12 centres. In recent years most of the training was provided at the workplace, with the assistance of a job coach. Each year some 1000 people who are registered with the Flemish Fund are trained, but other people with a disability also receive training. About one third of the trainees are people with an intellectual disability.

3. Subsidised employment

There are two wage-subsidy schemes. The first one (Collectieve ArbeidsOvereenkomst 26) is meant to compensate the employer for the lower productivity of a disabled worker (between 5% and 50% of the labour-cost), the other scheme (Vlaamse InschakelingsPremie - 30% of the labour-cost) is meant to compensate for the start-up problems when a disabled person enters the labour force, for assistance at the workplace and for loss of productivity. The CAO-26 subsidy is given to employers for about 3000 people with a disability; the more recent VIP-subsidy is given for some 1500 people. The VIP-subsidy is permanent; the CAO-26 is reviewed each year but in many cases is awarded as long as the person stays with the employer. It is estimated that about one third of the people in each scheme have an intellectual disability.

4. Subsidies to offset the cost of adaptations to the workplace

This scheme covers material workplace adaptations and special equipment. Each year there are a few hundred interventions in this field, but it is assumed that very few concern people with an intellectual disability.

5. Subsidies for the travel cost (home-work traffic) of the person with a disability and if necessary also of his personal assistant

This scheme is also used by people with an intellectual disability, but it is not known by how many.

6. Sheltered employment

Many people with an intellectual disability have a job in a sheltered workshop, where they have a regular employment contract and earn at least the minimum wage. There are 68 workshops, with some 13 000 disabled employees, of which three out of four are people with an intellectual disability.

7. Supported employment

For the moment there is no supported employment scheme in Flanders for people who hold a paid job. People may have the assistance of a job-coach, but only during the period of vocational (on-the-job) training. There are also job-coaches who support intellectually disabled people who perform unpaid work in not-for profit settings, mostly for a limited time during the week, while they spend the rest of the week at the day-centre, which also provides the work support. A few hundred people with an intellectual disability 'work' under this scheme, but in fact there are many more people in day-centres who perform non-paid work-like activities.

For more information (in Dutch) about the situation in Flanders visit:http://www.vaph.be
For more information (in French) about the situation in the Walloon region visit: http://www.awiph.be

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1. Non-discrimination legislation

The ‘Legislation of the Rights for Mentally Handicapped 117-1989, Ministry of Labour, Cyprus’ provides for a special committee supporting the rights of mentally handicapped.

2. Quota obligations

According to the existing legislation there are no quota obligations in relation to people with disabilities.

3. Routes to employment (including special assessment)

The Christos Stelios Ioannou Foundation plays a central role in the Cyprus labour market program for people with learning disabilities. It provides vocational training, sheltered employment and vocational placement in the open market mainly through supported employment. So far the Foundation has helped 69 people to be placed in the work force. Hundreds of other persons with learning disabilities have been offered a variety of services including care, education, accommodation, therapies, employment … The yearly budget amounts to 1,700,000 Euro.

4. Vocational training

Persons with disabilities, who cannot find and/or keep a job without external help and support are entitled to vocational training. In the past when segregation was the dominating philosophy vocational training was mainly taking place in special schools and institutions. Today integration and mainstreaming are emphasised and a small but increasing number is trained with other groups although this integrated training is not yet organised correspondingly.
Most of the Special Schools, operating under the Ministry of Education, offer a rather general vocational training and do not offer on-the job-training or find jobs for their students. Rehabilitation Centres, like the Christos Stelios Ioannou Foundation and some other facilities, especially those using supported employment, do include in their curriculum on-the job-training as an integral part of the whole vocational rehabilitation procedure.
Depending on the kind of training, the body which offers it, the individual who receives it and the level of success of the vocational training, the trainee receives a recognised qualification. Usually, Training Centres for persons with physical disabilities, mental illness, deaf and blind persons have more chances to obtain results which will justify a recognised qualification. This is usually not the case with Training Centres for people with intellectual disabilities which do not offer a recognised qualification. What helps a person with intellectual disabilities to get and keep a job are not only his skills and/or qualifications but also the support he receives through supported employment, employers incentives, legislative measures etc.

5. Subsidised employment

Based on the existing legislation, till now, there is no such provision. Although, after the first of May, when the legislation of Cyprus will be harmonised with that of the European Union, Cyprus will have the same legislative provisions as other EU-members including subsidised employment of people with disabilities.

6. Subsidies to offset the cost of adaptations to the workplace, on-the-job support and transport

All employers who employ people with disabilities, are entitled to a special allowance enabling them to make the necessary adjustments and modifications at the work place. This includes purchase of special equipment, and making the work place accessible to people with disabilities.
Transport of all people with any kind of disability and of any age is subsidised by the Government through a special “transport allowance.”

7. Sheltered ‘employment’

Sheltered employment is only offered by the Christos Stelios Ioannou Foundation to about 110 persons with intellectual disability. Legally, workers are not considered or recognised as employees, because the legislation in Cyprus does not provide any such recognition. They receive a weekly allowance and not a salary, the height of which is decided according to an evaluation of their production based on several criteria including hours of employment, quality of result, degree of disability and productivity. In addition to this allowance they still receive their disability allowance which completes their income to a level which in some cases discourages many of them to seek a real job.
There are several kinds of jobs ranging from repetitive work such as packing to more sophisticated work such as woodwork, laundry, kitchen and garden work, depending on the abilities of each worker.

8. Supported employment

The Supported Employment Scheme of the Ministry of Labour helps persons with learning disabilities to find and maintain a job in the open market under support, supervision and coaching. The Government finances the employment of job coaches by non-governmental service providers. 92 people with learning disabilities were helped by this LMP. The budget is 9000 Euro per programme per year.
The Christos Stelios Ioannou Foundation is a main provider. So far the Foundation placed 69 people in the open market mainly through supported employment. It is the rehabilitation officer's job to be in close contact with the market and possible employers, to visit them quite often and to discuss with them the possibility of employing a person with disabilities. His findings are discussed with the other members of the team and the job coaches and after a series of orientation visits of the possible work places, clients are helped to choose the job they prefer and which is relevant to their abilities and skills. Work trial visits of increasing length and frequency are arranged and, with the support of the job coaches, an on-the job-training period starts which hopefully leads to permanent employment.
The jobs usually found for workers with intellectual disability are those for unskilled or semiskilled workers. They are mainly related to the production, assembling and packing of goods as well as the provision of several kinds of services in factories, store rooms, supermarkets, restaurants, hotels, gardens and nurseries, offices, municipalities etc.
Because of the limited abilities of the workers and the usually increased requirements of employers, workers with disabilities are more vulnerable to loose their jobs, especially in the case of a crisis. As already mentioned, there is no provision in the legislation to oblige employers to employ or keep their workers with a disability. Also it is the policy of the Foundation that her clients get jobs which they deserve and can keep with their own strengths and efforts. Therefore, in Cyprus, there is a large turnover of disabled staff.

9. Commentary on legislation, policy, ALMP’s and funding from providers

(by Demetrios L. Neophytou, Director Christos Stelios Ioannou Foundation, Nicosia, Cyprus)

Supported Employment Scheme

Strengths: people with disabilities can get back to the society on an equal basis with the rest of the population. Several jobs are good paying.

Weaknesses: the high costs for administering these programs at a time when the government experiences budgetary problems.

Important changes that could be made in the area of active Labour Market Policies

The following measures are important: enhance the motivation of the employers for hiring disabled people, provide tax incentives to the employers for hiring disabled people, give compensation for co-workers who help and assist persons with disabilities, provide free transportation to and from work, enhance the accessibility of the place of employment and improve the buildings

The service provider funding system

The Government pays all the expenses of the programmes: administrative, building maintenance and other relevant costs to run the program (Christos Stelios Ioannou Foundation). The advantages are that the Government always pays and covers the expenses. The disadvantages are that when money is needed in advance or new programs are to be funded it takes time to get it. Possible changes of the system could be:

• special committees should look after special funding programmes
• more flexibility to accommodate the needs of the programmes
• incentives to the employees of these programs (salary, car, telephone meals etc)
• enhance motivation of employers for hiring disabled people
• tax incentives for the employers

References

National Summary Questionnaire Cyprus, LABOr Project 2003

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1. Non-discrimination Legislation

Finland has no specific law that outlaws the discrimination of disabled people in employment. However, there are three ways in which the non-discrimination guidelines are included in Finnish law:

• Criminal Law - The Finnish Penal Code punishes employment-related discrimination, and discrimination with respect to goods and services for the general public.
• Constitution - The constitution of Finland, section 6, states that; "No-one shall, without an acceptable reason, be treated differently from other persons on the grounds of [disability] among other grounds."

The Law on the Services and Supportive Actions organised on the basis of a Disability (380/1987) provides a general framework for municipalities to organise a whole range of services for disabled people. More specifically, it allows for the creation of services that offer:

• Rehabilitation instruction
• Adaptation courses
• Other necessary services
• Reasonable transport services
• Interpreting
• Service housing if necessary
• Personal assistant

The Municipalities are required to compensate partly or totally the costs of hiring a personal assistant and any extra costs that are caused by the need for special clothing or diet. Compensation of a reasonable level is also required for any adaptations or special equipment that is necessary in the homes of the disabled.

In 2001 there was a major revision of a number of basic laws, using the Motion on the Promotion of the Employment of the Disabled (HE 169/2001). The aim of this motion is to enable disabled persons to become employed more easily. The focus of these changes is to gain more flexibility within the overall social insurance and pension system and to try and neutralise the possible hindrances within the law that make it more difficult for disabled persons to become employed. The motion brought in changes to:

• Employment Law (275/1987)
• Health Insurance Law (364/1964)
• Rehabilitation Allowance Law (611/1991)
• National Pension Law (47/1956)
• Social Welfare Law (710/1982)
• Disability Allowance Law (124/1988)
• Law on the Services and Supportive Actions organised on the basis of a Disability (380/1987)

In 2002 Finland introduced the Law on Employment Services (1295/2002). This law states who is and who isn't eligible as a client for the services of the employment office. Those who receive Invalidity Pension are not able to register as unemployed job seekers at the employment office. However, an exemption to this rule is in the National Pension Law (347/1956) 22§ 2 subsection that states there is the possibility of stopping the Invalidity Pension for a restricted period.

Job coach services in legislation

At the beginning of 2003 the Decree on the Benefits of the Public Employment Service (1346/2002) came into force. It enables the employment agencies to purchase job coach services from qualified service providers for their customers. The maximum duration is 60 days, but this service can, for example, be combined with work trials where the period can be longer.

Finland also has a law, the Law on Vocational Education (630/1998), governing vocational training for people with disabilities. It allows for disabled people to have special arrangements made for them and services provided to assist in training towards jobs. Special education is also provided for those who need special services. Those who receive special education in vocational institutions have a right to an assistant (helper) and any special equipment that is required. Other materials needed for studying (books) and housing are cost-free.

The Act on Social Enterprises

The Act on Social Enterprises (1351/2003) came into force on 1.1.2004. A social enterprise is above all a business just like any other. It is entered in the trade register. Its purpose is to make a profit by providing produces or services for the market. A social enterprise can operate in any sector at all.

The only difference is that a social enterprise is entered in the register of social enterprises maintained by the Ministry of Labour. To be accepted into this register, an enterprise must fulfil the following criteria:

• at least 30 % of the enterprise’s personnel must be either persons with disabilities or a mix of those and long-term unemployed persons
• all employees must be paid the ordinary salary fixed in the relevant collective bargaining agreement
• the enterprise has not violated any laws in its business

A national support structure network has been created, led by VATES Foundation, to advise and support start up social enterprises and to help them with networking. The network is financed by the Ministry of Labour and the Slot Machine Association.

Non-Discrimination Act

The purpose of this Act (21/2004) is to foster and safeguard equality and to enhance protection provided by law to those who have been discriminated against in cases of discrimination that fall under the scope of this Act.

According to this Act nobody may be discriminated against on the basis of age, ethnic or national origin, nationality, language, religion, belief, opinion, health, disability, sexual orientation or other personal characteristics. In order to improve the access to employment and training of persons with disabilities, a person commissioning work or arranging training shall where necessary take any reasonable step to help a person with disabilities to gain access to work or training, to cope at work and to advance in his/her career.

2. Quota Obligation

There is no obligation for any ordinary company to employ a certain percentage of people with disabilities.

3. Routes to Employment

When a person with disabilities has made the decision to seek assistance in finding and keeping a job there are two initial routes for them to follow:

• The Public Employment Service (PES) services can provide employment counselling and assessment;
• Or there are more general vocational guidance services available. Vocational guidance is a form of psychological assessment that is then followed by an individualised plan for vocational rehabilitation. These services are based within approximately half of all job centres in Finland.

After following either of these initial routes, the individual is then presented with the following routes to choose from:

The specialist disability options:

• Vocational Rehabilitation - Special education and training that covers practically all qualifications available to the general populace are provided for disabled people in both separate and mainstream institutions. This basic and vocational training is funded by all sectors of the Finnish rehabilitation system, but the main contributions come from the PES. Trial work placements and work adjustments, both in work clinics and ordinary places of work are included in the repertoire of traditional forms of vocational rehabilitation. These services are also funded by numerous schemes and authorities.
• Supported Employment - Supported Employment was introduced in Finland along with a number of other projects in 1995.
• Provisions of aids and adaptations in the workplace - Disabled people are entitled to various forms of adaptations and adjustment within the workplace and these changes are funded by both the Social Insurance Institution and various employment authorities.
• Sheltered Workshops - Sheltered workshops can define themselves as social firms and enterprises and are funded by municipalities.

The mainstream options:

• Labour Market Training - takes place mainly in regional adult training centres and provides a wide range of skill-developing options ranging from basic literacy to advanced skills for particular professions. This route is available to the general population and only a small, but nonetheless significant, number of disabled people pass through it.
• Maintenance of Work Ability - Involves special rehabilitation courses that assist people who are at risk of reduced work ability due to the onset of disability.
• Employment subsidy for Practical Training - Allows people who are entitled to benefits other than the basic unemployment benefit, to gain practical on-the-job experience without losing their benefit eligibility.
• Trainee work with labour market support - The labour market support (basic unemployment allowance) that is paid during unemployment is also paid during on-the-job training.
• Subsidised employment into private sector jobs - A traditional policy measure where the employer is paid a monthly subsidy as compensation for the employee's potentially lower productivity due to disability.
• Combined subsidy - is available in both public and private sectors and is paid for only one year. In the second year the level of subsidy is reduced to that of ordinary subsidised employment.
• Job creation: subsidised employment into the public sector - Subsidised employment in central government institutions or the municipal sector has been classified as direct job creation. Although there are no exact figures, experts have suggested that people with intellectual disabilities in Finland are very under-represented in both the mainstream and specialist disability programs for vocational rehabilitation. 

4. Vocational Training

The Finnish Education Administration funds the education and training of people within institutions across Finland with the aim of gaining employment prospects. The cost of adjustments made during training is met by the Social Insurance Institution. However, the basic and vocational training of people with disabilities is funded by almost all parts of the Finnish rehabilitation system. The PES is the major contributor to the mainstream forms of vocational rehabilitation. Other contributors to provide funding for the training of people with disabilities include:

• The National Social Security Scheme
• The Employment Pension Scheme
• And some specialised institutions.

The Finnish education and training system provides large scale special education and training for disabled people in both separate and mainstream institutions. The training provided offers the same qualifications that are available to the general populace but only the qualifications associated with the labour market are considered relevant to the Active Labour Market Policies. Therefore, in theory, any training that is available to the general population is available to people with disabilities, as long as they have the necessary qualifications to take part, and the training they are going to have will contribute to employment. The curricula and length of the training that is provided for people with disabilities varies significantly.

Work try-outs are another form of vocational training as they offer on-the-job training and experience in work clinics, often run by NGO's, or in ordinary work places.

5. Subsidised employment

Subsidised employment can be divided into two main sub categories:

• Subsidised employment into private sector jobs
• Combined subsidy

Subsidised employment into private sector jobs is a traditional policy measure where the employer is paid a monthly subsidy as a compensation for any potential reduced productivity due to disability. The compensation level remains the same for the entire period of employment. The amount of compensation provided for an employer depends mainly on negotiations between them and the PES.

The combined subsidy is available in both the public and private sectors and includes increased compensation for the first year of employment. From the second year the compensation level is decreased to match the standard levels. Although subsidised employment is traditionally used to support the labour market status of disabled job seekers, it is also used in all the other target groups of Finnish employment policy. The amount of compensation includes the employee’s basic unemployment allowance and a certain amount of the usual employment subsidy. These subsidies usually cover all employment costs and the employee wage may even be higher as the employer is receiving higher compensation in the first year.

However, subsidised employment in the public sector has been criticised for creating a lack of job permanence as wage subsidies lead to circulating unemployment.

Therefore, while subsidised employment in the private sector has been classified as an employment incentive, subsidised employment in central government institutions or the municipal sector has been classified as direct job creation.

Another employment incentive available to people with disabilities in addition to the subsidised employment is the employment related disability allowance. The Social Insurance Institution provides the employment related disability allowance and it is paid during work, training and unemployment. Therefore there is the opportunity for the disabled employee to receive Labour market support while undergoing on-the-job training or continuing to earn while receiving these extra financial benefits. The benefit is paid in three levels depending on the individual’s level of disability.

Since the late 1990's work tryouts at the workplace have been increasingly used as the first step towards subsidised employment. This means a level of vocational rehabilitation for the jobseeker and a possibility for the employer to become acquainted with a potential employee before a long-term work is decided upon.

6. Subsidies to offset the cost of adaptations to the workplace, on-the-job support, and transport

Disabled people are entitled to receive certain one-off grants for adaptations to the work place and to the working conditions. Adaptations range from the addition of ramps, to contributions towards transport costs. The main funding for these ergonomic benefits come from the Social Insurance Institution. Despite the availability of these benefits, the use of them by disabled people is limited which may imply a lack of information being provided to make people aware of the funding that is available to them.

7. Sheltered Workshops

Sheltered workshops are municipality-funded organisations that provide jobs primarily for people with disabilities. The majority of the workshops' employees would be considered unable to work at an appropriate level of productivity to be employed within the ordinary jobs market. The workshops produce a range of products and services that contribute to the running costs of the organisation. Although the Finnish Sheltered Workshops are considered, on average, to be very good, there are still a number of problems regarding the payment system. The pay continues to be relatively low and the interaction of the benefits, pensions and wages has caused some issues previously. However, there is recent legislation that allows a pension to be stopped for a limited amount of time if an individual decides to try employment.

8. Supported Employment

Supported Employment wasn't introduced in Finland until 1995 when a number of new forms of employment for people with disabilities were introduced by means of various projects. The supported employment project in Finland has been based on the Anglo-American models. More specifically, the training of staff in supported employment was organised, and the curricula prepared, by the Rehabilitation Foundation who based their guidelines on the Irish model of supported employment. VATES is an important organization that promotes supported employment in Finland.

Supported employment involves the continued support of a job coach throughout the whole process of getting a job. The support includes assessments of working ability, on-the-job support and service guidance. Unlike other systems of vocational rehabilitation, financial support does not end when an individual has found employment. Receiving this extra financial support is considered elementary in encouraging a person to stay in a job.

However, although respondents considered there are many benefits to supported employment, the system has not yet been well established in Finland and is therefore not as widely used as other forms of vocational rehabilitation.

9. Commentary on Legislation, Policy, ALMP's and funding from providers

Legislation and Policy

Included in other laws - Many countries, such as Finland, include their disability discrimination guidelines within their traditional social welfare laws for disabled persons. Many anti-discrimination provisions that are included in social welfare legislation seem to be vague and limited to the area of public employment or public education. Except for the Finnish 1992 Act on the Status and Rights of Patients, which entitles every resident in Finland to health and medical care without discrimination, these many laws are focussed mainly on enacting and enforcing social services and integration principles rather than rights-based anti-discrimination provisions.

Active Labour Market Policies

Sheltered Workshops - Although the Finnish Sheltered Workshops are considered, on average, to be very good, there are still a number of problems regarding the payment system. The pay continues to be regarded as relatively low and the interaction of the benefits, pensions and wages has caused some problems previously. However, there is recent legislation that allows a pension to be stopped for a limited amount of time if an individual decides to try employment.

Supported Employment - The system has not yet been well established in Finland and is therefore not as widely used as other forms of vocational rehabilitation. Funding and Benefits

Subsidised Employment - Subsidised employment in the public sector has been criticised for creating a lack of job permanence as wage subsidies lead to circulating unemployment.

Subsidies to offset the cost of adaptations - Despite the availability of these benefits, the use of them by disabled people is limited, which may imply a lack of information being provided to make people aware of the funding that is available to them.

Welfare benefit system - Previously, when disabled people were receiving pensions and other benefits, they were less inclined to find employment as wages were often less than the benefit money being awarded. This possible reduction in income, added to a fear of not being able to reapply for benefits once employed, lead to people being disinclined to go into employment. The recent pension legislation has therefore made it easier to leave and return to pension and benefit schemes, while trying and after leaving employment. Suggestions for possible change to the welfare benefit systems include preventing young people from entering the pension system when work is available which may encourage employers to pay a full and unsubsidised wage to disabled employees.

Funding from Municipalities - Municipalities fund services for people with intellectual disabilities. The state pays the municipalities different amounts depending on the age structure of its population and general inhabitants within their constituency. As the criteria for the amount of funds made available to the municipalities is not based on the number of disabled people, the amount of money available for services for them is not always appropriate.

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1. Non-discrimination legislation

The law of 12 July 1990 “Protection of people against discrimination based on their health condition or disability” 

2. Quota obligations

The law of 10 July 1987 imposes an enforceable obligation on public and private sector employers of at least 20 eligible staff to employ a minimum of 6% of people defined as disabled by the law. Weighting is accorded to disabled employees in certain categories, notably those who are more severely disabled. Contracting with sheltered workshops counts towards the target. Enterprises who are subject to the obligation can fulfil it according to four modalities which can be combined:

• Direct employment
• Sub-contracting work to sheltered employment workshops (les CATs –Centres d’aides par le Travail- and les APs -Ateliers Protégés-)
• A contribution to the AGEFIPH (Association pour la Gestion des Fonds pour l’Intégration Professionelle des Personnes Handicapés – Association for the Management of Funding for Integration of Disabled Persons) according to the size of the company by not employed handicapped worker
• Company agreements between social partners on a plan for disabled workers

The law has the particularity of generating funds for financing specific actions for disabled persons. About one third of the enterprises employ only part of their quota and pay a contribution to AGEFIPH (on the whole more than 300 million EUR a year).

3. Routes to employment (including special assessment)

Central in the recent French labour market policy for disabled people is the three year convention between the state and the AGEFIPH launched on the 1st January 1999. This convention was part of the National Action Plan for employment in conformity with the objectives of the law of 10 July 1987 and of a special program of the AGEFIPH. This convention aimed at:

• reinforcing and developing personalised assistance of disabled people looking for employment. In support to the ANPE (National Agency for Employment), an individual follow up was offered to 90,000 disabled workers called “nouveau départ” totalling 180,000 disabled people (of all disabilities) in three years;
• developing evaluation and orientation procedures for 20,000 people a year that are orientated by the COTOREP (Commission technique d’orientation et de Reclassement Professionnel) toward “normal” employment or professional training;
• improving qualifying professional training for disabled people;
• developing continuous professional training;
• large communication action addressed to the firms that are the less in compliance with the employment objectives set in the law;
• developing alternatives to sheltered employment.

To achieve these objectives the public employment service has developed state aids for employment and professional training within the framework of the National Action Plan for Employment, fight and prevention of exclusions.

Several PDITH (Departmental Inclusion Plans for Workers with Disabilities) constituted the framework of the joint action of the public employment service, the AGEFIPH and the different partners involved. The PDITH (Programmes départementaux d’intégration des Travailleurs Handicapés –Departmental Programmes for Integration of disabled workers) were created in 1992 and provide a structured framework for defining a concerted departmental policy of integration of disabled workers in regular employment situations (open employment). They provide in the articulation between national priorities and local realities and between mainstream measures and specific measures.

 
In every department (‘département’) the ANPE (Agence Nationale pour l’Emploi -the national employment service) disposes of a occupational integration counsellor for disabled people.

 
CAP EMPLOI is a network of providers of specific services for the accompaniment and placement of disabled persons, comprising 140 structures and 1100 enterprise advisers an reintegration technicians. These advisors work throughout France in complement to the action of the national employment service (ANPE). They operate in the framework of the (dedicated) mission of the public placement service. They are mainly financed by the AGEFIPH. The services offered are free of charge an consist of:

• aids to recruitment
• assistance with integration –internal and external- of employees recognised as incapable of performing their jobs
• personalised accompaniment of recruiting and reintegration with long-term follow-up
• assistance with administrative formalities
• mobilisation of aid from the State, the ANPE’s and the AGEFIPH

Services for labour market integration and accompaniment are specific services aimed at people with learning disabilities administered by service provider associations. They are not officially acknowledged and are financed case by case by AGEFIPH and by the departmental government (Directions départementales des affaires Sanitaire et Sociale).

 
The COTOREP (Commission technique d’orientation et de Reclassement Professionnel –Technical commission for Vocational Guidance and Reintegration of Disabled workers) assess the status of disabled workers and make decisions orienting them towards regular employment, sheltered employment or labour market training.

 
4. Vocational training

In France people with disabilities can participate in the mainstream provisions (for the long term unemployed …) or at training programs in specialised institutions.
Also there are two apprenticeship-programs offering on-the-job training: CFA (Centre de formation d’apprentis) or CFAS (Centre de formation d’apprentis spécialisé). Those institutions are co-financed by the AGEFIPH for their work with disabled persons. Employers receive a lump sum of 1,524.49 EUR per year and per apprenticeship-contract. Tutors in the enterprise can follow training courses.

5. Subsidised employment

There are two wage-subsidy schemes implemented by the AGEFIPH.
One scheme (prime à l’insertion) is meant to compensate for the start-up problems when a disabled person enters the labour force. It is a lump sum of 2,286.74 EUR paid to the employer who hires a disabled person with a permanent contract or with a fixed-length contract of more than a year. The working time should be at least 16 hours a week. The disabled person receives also a lump sum of 1,524.49 euro. Only enterprises with more than 20 employees can apply.
A second scheme is meant to compensate the employer for the lower productivity of a disabled worker (as established by the DDTEFP –Direction Departementale du travail, de l’ Emploi et de la Formation Professionnelle). The employer pays a normal wage and is reimbursed on a trimestrial basis.

It is estimated that about one third of the people in each scheme have a mental disability.

6. Subsidies to offset the cost of adaptations to the workplace, on-the-job support and transport

Subsidies to offset the cost of adaptations to the workplace cover material workplace adaptations and special equipment as well for the employed as for the people in training.
Subsidies for the travel cost (home-work traffic and hotel costs) are also meant for people in employment or in professional training.

7. Sheltered ‘employment’

In France there are two institutions providing sheltered ‘employment’: the CAT’s (Centres d’aides par le Travail) and the AP’s (Ateliers Protégés). The CAT’s are the largest and encompass actually (2000) about 96,000 places of which 75% are occupied by people with learning disabilities. AP’s have about 18,000 places of which 50% are people with learning disabilities.

Les CAT’s (Centres d’aides par le Travail):

CATs are not really enterprises but rather medico-social institutions.
Workers are not formally employed but benefits form the legislative regulations of workers in general (in the field of hygiene, medicine, safety …). The income of the workers partly comes from the commercial activity and partly from the welfare benefit system. The financial burden is therefore lightened for the CATs which makes it possible to employ workers and offer them medical and psychological assistance. The working hours a week are 35 tot 39 hours.
People are admitted from the age of 20 years and after a screening procedure of the COTOREP (Commission technique d’orientation et de Reclassement Professionnel –Technical commission for Vocational Guidance and Reintegration of Disabled workers).
The outflow to regular employment is very limited and can be estimated at only 0,5%.

The APs (Ateliers Protégés):

Workers have an employment status very similar to a regular status. The outflow to regular employment is rather limited and can be estimated at only 4%. (Réadaptation, N° 502, Juillet-Aout 2003, p. 25).

8. Supported employment

Only a few organisations in France are exclusively aimed at placing people with learning disabilities in open employment (Réadaptation, N° 502, Juillet-Aout 2003, p. 26) using supported employment. One organisation (Service Plus from Pays du Montbéliard) succeeded in 2001 in placing 112 people (in a region of 194,500 inhabitants). It is financed by several bodies (PDITH, AGEFIPH …) and also the EU-program EQUAL. Candidates are recruited in medico-pedagogical institutions (the IMPro, about one third), sheltered workshops, the Services for labour market integration and accompaniment (about 40%), the COTOREP’s, or other social services. Not only people with limitations in intellectual functioning are included but also people with ‘psychiatric’ problems or other shortcomings in the working attitude. Service Plus found that about 5% of the people of the sheltered workshops (AP) can be inserted in open employment.
The insertion process in the regular enterprises runs stepwise. People start with an apprenticeship contract of 3 months, then have a ‘contrat de détachement’ (dispatching contract) of 3 months to 1 year that is renewable once and finally a permanent contract. About 85% of the starters end up with a permanent contract.
Salaries are mainly on the level of those in the sheltered workshops (Atelier Protégés) which means that other incentives are necessary to convince people to exchange the ‘sure’ environment of the sheltered workshop for the ‘unsure’ environment of the enterprise. People can always return to the sheltered workshop if they fail in the open employment situation.
Service Plus also provides accompaniment during the whole professional life. In the enterprise ‘tutors’ are appointed who develop a personal relation with the handicapped worker.
Jobs are found in all the main economic sectors of the region: restaurants, building, environment, automobile construction …Recent trends show that employers become more and more demanding complicating things for service providers and disabled job seekers.

9. Commentary on legislation, policy, ALMP’s and funding from providers

Three year convention between the state and the AGEFIPH

The strengths of this approach for people with learning disabilities are: the convention identified the necessity of involving different stakeholders from the public sector as well as the private sector. Some financial means have been dedicated to this plan. Its weaknesses: this convention could benefit to people with intellectual disabilities but no specific attention has been offered to their specific assistance needs, in terms of technical or human assistance.

ALMP’s

Strenghts

• Importance of financial means (subsidies for start-up-primes à l’insertion)
• The possibility to personalise budgets in subsidised employment

Weaknesses

• Subsidies for start-up (primes à l’insertion) can only be used for enterprises of more than 20 employees
• There is still a lack of knowledge on the new LMP’s with the employers despite the intensive communication campaigns
• The capacity of the CAT’s is too low
• CAT’s can’t provide professional training which could facilitate the outflow to regular employment

The most important changes that could be made in the area of ALMP’s

• There is an urgent need for new ALMP’s which should take into account the insufficiency of the results of the previous plans. There should be better communication actions around the new ALMP’s.
• In general, associations and NGO’s should be more involved in the elaboration and implementation of new ALMP’s. Specifically, services for labour market integration (Services d’ insertion Professionnelle et d’ Accompagnement) should get an official acknowledgement (and legal status) and recurrent financial support. Every organisation offering vocation training of job placement should dispose of a ‘référant handicap’ e.g. a person who can translate mainstream actions into specialised actions for disabled people (and people with learning disabilities).
• More bridges (‘dispositifs passerelles’) should be build between sheltered employment and the open labour market. Sheltered workshops (Ateliers Protégés) should offer professional training, it should be made possible to allocate subsidies to personal support especially for people with intellectual disability moving into paid jobs and, there should be a possibility for people with intellectual disabilities who moved into paid jobs to return to sheltered employment when necessary (this return possibility should receive financial assistance too).

References

National Summary Questionnaire France, LABOr Project 2003

van Lin M., Prins R., de Kok J. (2002), Active Labour Market Programmes for People with Disabilities. Fact and figures on use and impact. EIM Business & Policy Research, Zoetermeer (the Netherlands)

Descolonges P. (2002), Employment Policies for disabled people. Country report France. EIM Business & Policy Research, Zoetermeer (the Netherlands)

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According to Book 9 of the Social Code 'disabled persons' are persons whose physical functions, mental or intellectual capacities or psychological health are highly likely to deviate for more than six months from the condition which is typical for the respective age and whose participation in society is therefore restricted. Some of these people are 'severely disabled' (Schwerbehinderter Menschen). This status is given after an assessment by which it is established that they have a degree of at least 50% on a disability scale. In some cases people with a degree of more than 30% but less that 50% are also considered to be severely disabled. The status of severely disabled person is important because many services are only awarded to people with this status. From the guidelines for the assessment one may infer that even a mild intellectual disability may often lead to the status of severely disabled person and people with a moderate or severe intellectual disability will nearly always obtain this status. In 2002 about 200,000 people between the ages 15-65 and with an intellectual disability as their main type of disability, were registered as severely disabled (that is 6.4% of the 3,117,000 severely disabled people in that age-range).

1. Quota obligations

All public and private employers with at least 20 employees have a duty to fill 5% of the positions with severely disabled persons or pay a compensatory levy for the unfilled compulsory places. In recent years the fulfilment of the quota varies between 3.7% and 3.9%. This means that around 750,000 severely disabled people have such a job. Probably few of these people are intellectually disabled, given the small share of people with an intellectual disability in the total of severely disabled persons and, as we will see, the huge number of intellectually disabled people in sheltered employment.

2. Non-discrimination legislation

The constitution (1994) forbids any discrimination on the ground of disability, without further specification. According to the Social Code an employer may not refuse employment to a severely disabled person on the ground of a disability, unless this disability makes it impossible for the person to perform the essential functions of the job.

3. Pathways to work

Helping people with a disability on their way to the labour market is the responsibility of the Employment Service (Arbeitsamt) and a special public service for the severely disabled (Integrationsamt). For people with an intellectual disability these public services rely mostly on third party services (Integrationsfachdienste), which exist in every region of the employment service. These services guide the person through the various stages towards the labour market: assessment, looking for a training- or workplace, work-preparation, information and support for employers and colleagues.

4. Special assessment

When necessary the 'Integrationsfachdienste' make use of the 'profile method' to find out about the capabilities of the person and the most suitable job. This method is a combination of the IMBA and MELBA assessment methods. The assessment may continue for about a month when the person starts to work (Arbeitserprobung), and even three months when a person is referred to a sheltered workshop (Eingangsverfahren).

5. Vocational Training

The primary objective of vocational training for disabled persons is training in an officially recognised occupation. This is to take place, whenever possible, in a company or organisation along with non-disabled persons. For people with a mild intellectual disability this may be an option, when no extra support is needed or it is provided for (e.g. supported employment, cf. infra). Some people with an intellectual disability may also be accepted for training in one of 52 Institutes for Initial Training of disabled people (Berufsbildungswerke) which have some 12,000 training places or for further training or training in a new job in one of 28 Institutes for Further Training of disabled people (Berufsförderungswerke) with some 15,000 training places. However, many intellectually disabled people get their training in the Training section of a sheltered workshop.

6. Subsidised employment

The employment office is the main provider of employment subsidies. These cover the complete wage-costs during a 3-month trial period. The cost is partially covered (30% up to 70%) in all other sorts of regular employment, dependent on many factors such as the level of disability, the age of the person, the length of the unemployment period, whether the job is full-time or part-time, whether it concerns someone who left a sheltered workshop, etc. However, none of these subsidies is permanent (60 months is the maximum).

7. Subsidies to offset the cost of adaptations to the workplace

There are subsidies or loans (financed mainly by the Integrationsamt) for all kind of costs involved with the material adaptation of a workplace, to make it suitable for a person with disabilities. Some of these are given to the employer, some to the disabled person. The schemes are primarily meant for people with other disabilities than an intellectual disability. In a broad sense this includes also the costs for travelling to and from the workplace.

8. Sheltered employment

Of the 200,000 disabled employees in sheltered workshops, about 140,000 are people with an intellectual disability. The employees have no regular employment contract and therefore they do not receive a full wage but a remuneration of on average 125 EUR a month, which in some cases may add up to several hundred Euros. There are a few special programs to stimulate the transition to a regular work environment, but most people remain in the workshop.
Recently new structures have been established which somehow resemble sheltered workshops but are different in the sense that at least 25% but no more than 50% of the employees may be severely disabled people (Integrationsprojekte). These projects, which in principle belong to the regular labour market, may be set up independently or they may be part of a regular firm (formerly they existed as self-help firms in West-Germany, or special sections for disabled people in regular firms in East-Germany). Many of the disabled employees are people with psychological problems but there are also people with an intellectual disability. However, the exact number of the latter is not known.

9. Supported employment

The concept of supported employment (Unterstützte Beschäftigung) is understood in a broad sense and includes work-preparation and training, job finding, job-coaching and ongoing support on the job. The 'Integrationsfachdienste' have the task and the means to organise and finance the different elements of supported employment. To obtain ongoing support for a long or even indefinite period is still problematic, although 'personal assistance at the workplace' is provided for in the Social Code (Arbeitsassistenz). A personal assistant may be directly employed by the disabled person (Selbstorganisierten Arbeitsassistenz), may work for an organisation which is paid by the disabled person out of a personal budget (Dienstleistungsmodell), or be employed by the employer for whom the disabled person works (Arbeitgeberorganisierte Arbeitsasssitenz). As this is a very new provision, there are still rather few cases, especially for people with an intellectual disability.

Further information:

ABC- Behinderung und Beruf - http://www.integrationsaemter.de
Bundesarbeitsgemeinschaft für Unterstützte Beschäftigung (BAG UB) e.V. - http://www.bag-ub.de
Bundesarbeitsgemeinschaft Werkstätten für behinderte Menschen (BAG:WfbM) - http://www.bagwfbm.de

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1. NON-DISCRIMINATION LEGISLATION

1. Day for Persons with Special Needs

Law 2430/1996 defines December, 3rd, as the Day for Persons with Special Needs. Every year on this date, the National Confederation of Persons with Special Needs forwards to the President of the Greek Parliament a report on human and social rights of persons with disabilities in Greece. This is an important instrument for the sensitisation and awareness of public opinion. It gives also, the opportunity to disabled people's organisations to present their views.

2. United Nations Standard Rules

A general policy framework was defined by the adoption of the Greek Parliament of the United Nations' Standard Rules, in 1996. According to this law, a Committee presents yearly to the President of the Greek Parliament a report on the implementation of UN Standard Rules for Equal Opportunities.

3. The Constitution

Article 21&2 stipulates that "those who suffer from incurable physical or mental sickness have a right to special care from the State". Furthermore, Article 21&3 stipulates that "the State takes care for the health of citizens and takes special measures for the protection of youth, the elderly, the disabled and for the care of persons without resources".

 
In 2001, the Constitution was amended and a new paragraph (Article 23 § 6) was included. It stipulates that "people with disabilities have the right to benefit from measures which guarantee autonomy, professional integration and their participation in the social, economic and political life of the Country".

4. The Disability card

Law 2430/1996 noted above established a disability card.

 
The Disability card aims to simplify administrative procedures and serve as a proof of disability. This process is the same for all persons whatever their insurance scheme. This was seen as an important instrument for transparency and consolidation of rights by the organisations of people with disabilities. In fact, the accumulation of legislation for several decades, without any harmonisation, has led to a multitude of specialised schemes. It was thus difficult for a person with a disability to understand and use effectively legal provisions.

 
The Law provides that the grant of a Disability Card, whether temporary or permanent, requires a minimum degree of disability of 67%. The main bulk of work requires the re-evaluation of the degree of disability -experienced for all persons with a disability. It is estimated that about 500,000 persons will be assessed.

 
The Law has been applied in an exploratory way in the Prefecture of Larrissa, since May 1st, 2001. The goal is to:

• identify potential problems,
• check the link of the Disability Card with other services,
• determine the flow of actions and accompanying documents,
• structure the Computerised National Bank of Persons with Special Needs.

The Disability Card is expected to be especially valuable for persons with a learning disability as it will help them to overcome bureaucratic problems and improve their access to different public services. Due to several delays, the disability card is still not in use.

5. National Observatory

A recent Law (n° 3106/2003) provides for the establishment of a National Observatory for Persons with Disabilities. The Observatory will be established in Athens and will aim to:

• study problems related to disability,
• make policy recommendations,
• coordinate activities related to disability, and
• control implemented measures.

The Ministry of Health and Social Welfare will monitor its activities.

2. QUOTA OBLIGATIONS

The quota scheme is governed by Law N° 2643/1998 concerning "Care for the Employment of Special People Categories and other Regulations".

 
The beneficiaries include:

• 1. a. People with a disability rate of at least 50%, who have limited capacities for professional occupation, due to any lasting physical, intellectual or psychiatric disease or injury (people with special needs), given that they are registered as unemployed disabled in the list of the Employment Office (OAED).
• 1. b. Those who have a child or a brother/sister or a wife/husband with a disability degree of 67% or more, due to severe psychiatric or physical problems. This rate is reduced to 50% for persons with an intellectual disability or autism.
• 2. Parents of families with four or more children and assimilated groups; War invalids and members of their family, those who took part in national resistance and members of their families.

The Law gives a preferential treatment to persons with a learning disability and their carers as it requires a lower disability rate (case 1.b).

 
The obligation benefits persons aged 21 to 45 years old. The law covers both public and private companies employing permanently more than 50 persons.

The global rate is 8%, but there is a priority:

• 2% for people with special needs (persons with disabilities), but 3% in public companies and assimilated;
• 1% for those who have a severely disabled husband/wife, brother/sister or child;
• 3% for families with 4 children or more and assimilated, but 2% in public companies and assimilated;
• 1% for those who took part in national resistance and assimilated;
• 1% for war disabled and assimilated.

Consequently the effective rate for persons with disabilities and their carers is 3%.

In public services and assimilated (public utilities, organisations having a public legal status and local authorities' organisations of all levels) the quota rate is 5% of vacant places.

 
The disabled person has to attest a lasting physical, intellectual or psychiatric disease or impairment and indicate the disability rate.

 
Reserved places

Organisations of public interest, banks, and public companies and assimilated, in addition to the 8% obligation, must reserve a certain proportion of specific jobs to persons with a disability. Persons with an intellectual disability may benefit from a certain number of these places.

3. ROUTES TO EMPLOYMENT

1. Support actions

This measure covers the delivery of psycho-social support actions to persons with a disability. The beneficiaries of training and employment programmes are receiving psychosocial support and counselling by specialised consultants. This support aims notably at:

• finding out the individual vocational abilities, skills and inclinations of the beneficiary;
• motivating and encouraging the beneficiary;
• acquiring vocational skills;
• psychological support;
• sustaining the transition into the open labour market.

The methods used are:

• continuous cooperation with trainers;
• individualised vocational counselling;
• group therapy;
• sensitisation of employers;
• cooperation with employers and the beneficiaries for the adaptation of the work-post and its maintenance after the expiry of the subsidy.

For this purpose, offices are expected to be established for support actions in Employment Promotion Centres of the Employment Offices or other related services.

 
An individualised support and guidance is a strategic factor in the socio-economic integration of persons with learning disabilities.

2. Centres for Education, Social Support and Training for Persons with Disabilities

The Centres for education, social support and training for persons with disabilities (KEKYKAMEA), according to Law N° 2646/1998 are bodies belonging to the National Organisation of Social Care. They provide notably:

• services for the social support of persons with disabilities,
• professional training of people with disabilities and their functional rehabilitation,
• information to persons with disabilities,
• raising the awareness of local society, etc.

 
A network of 24 Centres for Education, Social support and Training for persons with disabilities (KEKYKAMEA) has been developed around the country.

 
They are staffed with psychologists, educators of special education, physiotherapists, occupational therapists, social workers, experts in the professional orientation, etc. We do not possess any evaluation of their activities but some critics note that these centres are not functioning as they were supposed too.

4. VOCATIONAL TRAINING

1. Education

Law 2817/2000 organises education for persons with special educational needs. This legal instrument is expected to develop its full impact in the coming years as many initiatives are in progress. Special education covers pupils with special educational needs till the age of 22 years old.

The education of pupils with special educational needs is provided:

• inside ordinary schools with a support from a special education professional provided by the Centres for Diagnosis, Evaluation and Support, or
• in special units organised and staffed with relevant education professionals inside ordinary education and training programmes,
• in special schools,
• at home in exceptional cases.

The Centres for Diagnosis, Evaluation and Support and the Special Education Counsellors play an important role. They provide an individualised support and rehabilitation services. Rehabilitation includes physiotherapy, ergotherapy, logotherapy, psychological support, vocational counselling, etc.

 
The Law on education for persons with special educational needs defines the role and functioning of the "Centres for Diagnosis, Evaluation and Support" for persons with special educational needs. Currently, there are 22 Centres and they expect to grow to 54. The Centres will also play an important role for the sensitisation of parents and the society on the special educational needs of pupils with disabilities.

 
This support ought to enable the pupil to choose the relevant educational unit (inside ordinary education or a special school). In 2002, there were 13 special general education schools, 30 workshops of special vocational education and training, 848 units/programmes integrated or co-integrated in ordinary schools, and 50 cases of education at home.

 
The individualised support foreseen by the Centres for Diagnosis, Evaluation and Support ought to be of a special interest for the integration of pupils with learning disabilities into ordinary education and training programmes. Furthermore, the Law is expected to favour the development of specialised infrastructures, a sector which is currently underdeveloped.

 
Pupils with learning disabilities also benefit - from special programmes offering creative activities.

2. Ordinary Vocational training

The Greek Manpower Employment Organisation (OAED) encourages and promotes the integration of people with disabilities into regular training programmes and apprenticeships. To this end, 10% of ordinary training places are reserved for people with disabilities.

This ought to favour notably persons with learning disabilities as they must not compete for a limited number of training places. However, this number might still be very low.

3. Special Vocational training

For persons with disabilities who cannot participate in regular programmes, the Greek Manpower Employment Organisation runs Special Vocational Training Centres. These programmes are adapted to the special needs of persons with disabilities. Each year, approximately 260 persons are trained in the specialised Centres of Vocational Training in Athens, Larissa and Thessaloniki. Training offered relates to clerks using Applications-integrated accountancy, training of clerks in teleworking, carpentry, woodworking, pottery, leatherworking, etc.

 
The Centre in Thessaloniki (Lakkia) is specialised for persons with learning disabilities. About 100 persons with an intellectual disability receive a training related to woodwork, agriculture, clothing, etc. The training modules are taught within 2 or 4 years of training.

5. SUBSIDISED EMPLOYMENT

1. Job creation

The Ministry of Employment and Social Security organises the granting of special employment subsidies to employers. The Employment Office runs a certain number of them.
We present below the main programmes. Most of them aim to reach socially excluded groups. We focus on those programmes where persons with disabilities constitute one target group. Several programmes co-exist in different variations according to the funding source (national or national & EU). We present below, the case of national funding. Those co-funded by EU sources may provide slightly different amounts but the differences are not significant.

Permanent full time jobs

The subsidy aims to favour stable full time jobs for people with disabilities.

The beneficiary has to:

• be 18-65 years old,
• have a disability rate higher than 50%, and
• possess the unemployment card issued by the Employment Office (OAED).

 
The employer is entitled to a daily subsidy of 22 euros per day, for a period of 36 months. The employer is obliged to keep the person in employment for another 12 months. The employer of workers with an intellectual disability is entitled to apply for another 36 months subsidy after the fourth year of employment.

During the first 3 to 5 months following recruitment, the employer has to provide training and generally assist the newly recruited person to adapt smoothly to the new working environment. For this action the employer receives a lump sum of 300 euros.

Part time jobs

This measure is similar to the previous one. Employers are entitled to a subsidy of 12 euros daily for 36 months and are obliged to keep the person with a disability in employment for an additional 12 months period without a subsidy.

 
During this period, the employer has to provide training and generally assist the newly recruited person to adapt smoothly to the new working environment. For this action the employer receives a lump sum of 300 euros.

Fixed term full time contracts

This measure is similar to the previous ones. The employer is entitled to 22 euros per day for at least 4 months but for a maximum period of 9 months.

 
During the first three months following recruitment the employer is obliged to provide training and generally to help the newly recruited person with disability to adapt smoothly to the new working environment. For this action, the employer receives a lump sum of 300 euros.

 
Fixed term part-time contracts

This scheme is similar to the previous measures but aims to create part time jobs for persons with an intellectual disability. This programme was established in 1997 but had a limited scope.

Self-employment (entrepreneurship)

This measure sets out to help people with a disability create their own jobs.

 
During the first year the newly established entrepreneur as an independent worker receives a lump sum of 7600 euros. Additional benefits are granted in certain cases and the total amount may rise to 9100 euros. The following cases receive a supplementary grant:

• if the beneficiary has a disability rate higher than 67%;
• if the beneficiary is a woman;
• if the beneficiary is older than 45 years;
• if the beneficiary receives an unemployment benefit.

During the 2nd, 3rd and 4th years, the beneficiary receives respectively: 3000 euros, 3000 euros and 2600 euros.

 
The total number of beneficiaries amounts to 529 people with disabilities. We do not have information on the distribution of disability by nature but we may expect to have very few beneficiaries with an intellectual disability.

 
Special Award for Employers

In order to raise the social responsibility of employers, the Greek government established in 2004 a special price for employers. Every year, three employers will receive a special award for their efforts to integrate persons with disabilities and favour a professional career without barriers.

 
2. Creation of SMEs

The programme "Fostering Entrepreneurship of People with Disabilities" finances the creation of SMEs by people with disabilities. The programme is operated by the National Organisation of Small and Medium Sized Business (EOMMEX).

 
The candidate person with a disability has to be aged 21 to 55 years old. The sectors covered are: manufacturing, commerce, services and tourism. It covers also the extension of existing businesses.

 
Persons with a disability must own at least 55% of the company shares and have the exclusive management of the company.

 
The financial grant amounts to 50% of eligible costs. The maximum grant is 150,000 euros for manufacturing and 90,000 euros for the other sectors. The minimum grant in all cases is 30,000 euros. The advance payment may reach 40% of the public grant.

 
Persons with a disability who are beneficiaries of the above programme and new entrepreneurs (established during the last two years) may receive a supplementary subsidy for "Vocational training activities and technology transfer related to the starting of a business".
Again this measure might concern a limited number of people with an intellectual disability.

 
3. Disincentives to work (cumulating a disability pension and paid work)

Law 2676/99, concerning "Organisational and functional restructuring of social insurance institutes and other regulations", provides that "if the disability pensioner, who takes an employment, wins out of this work, proportionately to its disability degree, more than a healthy worker, according to the general conditions of remuneration, the pension is interrupted".

 
The law however excludes self-employed persons from the interruption process. For disabled pensioners who are self-employed, the law provides that they must pay the relevant contributions increased by 40%.

 
Current law implies the interruption of the disability pension in both temporary and permanent employment. If there is interruption of the disability pension, the person may recover his disability pension, when he stops working. However, in case of employment, another possibility appears to be the re-examination of the disability degree and the ranking of the pensioner at a lower degree. In this case, the law may constitute a strong disincentive against the professional integration of the disability pensioner. This is strengthened by the fact that the evaluation process is a difficult bureaucratic process.

 
This might be a significant disincentive for people with a moderate intellectual disability.

6. SUBSIDIES TO OFFSET COST FOR EMPLOYING PERSONS WITH DISABILITIES

Adaptation of the workplace

A subsidy programme for employers and newly established professionals provides a grant for the ergonomic adaptation of the workplace.

 
The scheme takes into account the individual needs of the worker with a disability. The employer may receive up to 90% of the total cost of each work adaptation. The maximum amount for each workplace is 2400 euros.

  
The total number of beneficiaries for this scheme is 42 persons.

 
A certain number of adaptations are important for people with learning disabilities, notably those aiming to reduce the risk of work accidents.

7. SHELTERED EMPLOYMENT

Law 2646/98 concerning welfare determines the National Social Care system for people with disabilities. The Law provides for the establishment of sheltered productive workshops especially for people with learning disabilities. However, it remains dormant waiting for the presidential Decree foreseen by the same Law.

8. SUPPORTED EMPLOYMENT

The Mental Health Reform Act (Law 2716/1999) promotes the creation of cooperatives and other forms of community business for people with disabilities.

 
The Mental Health Reform Act created a ten-year action plan (Psychargos) to reform, restructure and create new mental health services throughout the country. The main objective of the reform is the development of services within the community. The plans include:

• the gradual closure of asylums,
• the development of business ventures by mental patients and patients' integration into the labour force,
• the provision of facilities for treating mental patients at general hospitals.

The programme provides for the creation of new infrastructures including vocational training workshops, social cooperatives, day care centres, etc.

 
The Ministry of Employment and Social Security is preparing a law providing for the funding of co-operatives with a "community goal" created by socially excluded groups. Persons with a disability constitute one target group. It provides mainly for the granting of start up capital.

 
The above initiatives could be interesting instruments for the creation of co-operatives and other forms of community business, where people with learning disabilities participate as active partners.

9. OTHER COMMENTS

1. De-institutionalisation and independent living

A large number of people with psychical, psychiatric, psychological or intellectual disabilities were in closed establishments. Considering that a certain number of them could, with the relevant assistance, be integrated into the society, the Greek government has taken a certain number of measures in order to take them out of psychiatric hospitals or other closed institutions.

 
In fact, due to the lack of relevant community structures, several mental institutions included people with an intellectual disability or persons cumulating the latter with a psychiatric disability.

 
The Ministerial Decision of July 17th, 2000 concerning the "Definition of conditions for the approval of organised rehabilitation programmes, in which, it is foreseen the grant of a re-integration or therapeutic incentive" is aiming at providing individualised measures for the social reintegration of these persons. For those already integrated, the decision aims to provide vocational training and the improvement of their position in the society. The final goal is independent living.

 
Participants in these programmes receive a financial incentive.

 
The target group includes:

• a. persons with psychiatric problems, persons with disorders of an autistic nature, and persons with an intellectual disability which have in a secondary way manifested psychical or psychiatric problems, and have a long stay (more than six months) for therapy in a Psychiatric Health Unit;
• b. persons with psychiatric problems, persons with disorders of an autistic nature, and persons with an intellectual disability which have in a secondary way manifested psychiatric problems, who live in society thanks to programmes of "protected flats" and host families implemented by Psychiatric Health Units;
• c. persons with psychiatric problems, persons with disorders of an autistic nature, and persons with an intellectual disability which have in a secondary way manifested psychiatric problems, who live with their families or alone and come from the a or b target group;
• d. persons with psychiatric problems and persons with disorders of an autistic nature, who live alone but in conditions of social exclusion.

These measures ought to take out of closed institutions people with intellectual disabilities and favour their socio-economic integration and independent living. However, public policy ought to provide the relevant support to the family in order to avoid new problems. In fact, independent living programmes or community based living programmes for intellectually disabled people might require too much time from the parents.

2. Home Help

The special programme "Home Help" is under development in 751 municipalities and covers about 80% of local authorities. The programme is expected to cover people with disabilities and elderly people notably in insular areas where there is a lack of infrastructures. The programme aims mainly to reach dependent elderly people.

SOURCES OF INFORMATION

Ministry of Employment and Social Security - http://www.labor-ministry.gr
Employment Office - http://www.oaed.gr
Ministry of National Education - http://www.ypepth.gr
Ministry of Development - http://www.ypan.gr

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1. Non-discrimination legislation

The “Act on Rights and Ensuring Equal Opportunities of People with disabilities” (1998) entitles people with disabilities to work in integrated employment, or –in absence of such employment– in sheltered employment.
According to the figures of the Central Statistical Office, out of the estimated 577,006 people with disability, 51,806 disabled people were employed in 2001. The census held in the same year reported that every third disabled person of active age was looking for a job.

2. Quota obligations

An obligatory employment quota system is in effect since 1987 for employers with more than 20 employees. The quota amount to 5% of the total number of employees. If the obligatory quota are not reached then a rehabilitation contribution has to be paid for each person (in 2004 it’s 452 EUR / person / year).

3. Routes to employment (including special assessment)

The ‘Act on Promoting Employment and unemployment provision for people with disabilities’ (1991) provides services for preventing unemployment or returning unemployed people to work. The effect of the law extends to all those who search a job or ready to create employment, including people with reduced working ability, among them people with learning disability.

 
Since January 1998 the Public Employment Service (on county and sub-regional level) set up rehabilitation workgroups. The rehabilitation workgroups organize and manage the employment rehabilitation services of the labour centres. In the frame of this people with reduced working ability who search a job or unemployed may be supported by more favourable conditions, e.g. by helping them to get work experience, in practical training or to become entrepreneurs. The rehabilitation workgroups tasks are to provide information about the rehabilitation process, the available tools and possibilities, to request the necessary medical and specialist advice (with regard to employment –health care), and offer jobs to them in compliance with their ability to work (in the frame of discovering jobs). They assess the willingness of employers to co-operate and to provide information about the subsidies and available services. Labour Centres resort to, if necessary, positive discrimination in favour of persons with reduced working capacity. They may help people with reduced working ability to get working experience, participate in practical training and become entrepreneurs with more favourable conditions.

4. Vocational training

The “Act on Vocational Education” (1993) extends the vocational training of young people with learning difficulties to special vocational schools, and provides training of adult people with reduced working abilities outside of the school system. This improves the employment and job retention opportunities of people with disabilities.

 
The Act on Adult Education of 2002 sets out the number of people for whom training for the first degree and the number of people with disabilities for whom vocational training is guaranteed free from the central budget.

 
Every year, 1500-2000 people with reduced working ability take part in training and retraining organised with the support of the Labour Centres. No data is available on people living with disabilities.

 
An other form of subsidy reimburses fully the costs of training programs for pursuing entrepreneurial activity. This subsidy may be provided to persons with at least 40% reduced capacity to work, who are registered as unemployed and for whom the Labour Centres cannot offer an appropriate position. The subsidy can be disbursed for a period of 12 months. Approximately 50 to 70 persons every year make use of this subsidy. The number of people with learning disabilities among them is very low.

 
5. Subsidised workplaces

The employers of business entities which employ people with reduced working ability in excess of the obligatory quota, and with more than 20 employees are entitled to receive supplementary subsidy as a compensation of the loss of revenues resulting from the eventually lower performance, if the proportion of people with reduced working ability is more than 5% of the statistical headcount. Depending on the rate of people with reduced working ability among the employees, the support amounts to 45-135% of the salaries. The Hungarian Tax and Financial Control Administration paid approximately 16 million EUR for supporting the employment outside state-subsidised organisations for the employment of people with reduced working ability.

 
Enterprises with less than 20 employees may reduce their tax bases by 200 EUR after each person with at least 50% reduced working ability. Based on estimates of the Tax and Financial Control Administration companies have applied for reducing the tax base for around 5500 persons with reduced working capacity.

 
A -mainstream- subsidy scheme provided by the Labour Offices for the registered unemployed may be used by people with reduced working abilities.
A first scheme subsidises wages or the contributions related to the wages (health care and pension) for a period of maximum 18 months. In 2003, 1146 employers receive salary subsidy for employing persons with reduced working ability. The number of employers who employ people with learning disabilities is very low among them.
In the second scheme employers may also be granted subsidies for a period of maximum one year if they employ registered unemployed people for carrying out tasks of public welfare. Subsidies are limited to a maximum of 70% of the direct costs of employment. By this program yearly 2700 people with reduced working ability have found work. Nothing is known about the participation of people with learning disabilities.

6. Subsidies to offset the cost of adaptations to the workplace, on-the-job support and transport

Employers who establish, reconstruct, maintain or expand jobs for rehabilitation employment are entitled to subsidies.
The subsidy can also be used by sheltered workshops or social firms for establishing, developing or expanding workplaces for people with disabilities.
Yearly more than 2000 persons with reduced working ability are working under this scheme.

7. Subsidised employment

Social Firms

The social firms are non-profit organisations mainly owned by municipalities. The social firms work for other organisations, and they perform processing and craft works. They employ not only disabled people but others who need social support, such as old people, people without revenues, mothers with many children, etc. The workplace may be at the premises of the social employer, at the employees’ home or at another location. The rate of subsidy to social firms depends on the proportion of persons with reduced capacity to work and the total number of employees. In 2002 social firms employed 2227 persons, 984 persons worked at home in full or part time. (Central Statistical Office, 2002).

 
Subsidised organisations

In Hungary semi-sheltered employment is provided in 61 state-subsidised organisations operating all over the country on 631 locations. At least 60% of the staff are persons with reduced capacity to work. State-subsidised organisations may be public or a special group of private enterprises whose objective it is to employ persons for rehabilitation purposes. The amount of the subsidy depends on the health deterioration and ranges between 135 to 360% of the minimum wage. Companies receive additional subsidies for severely disabled employees. Disabled people work side by side with other disabled or healthy people, part- time or full-time. State-subsidised organisations employ a significant number of mentally or physically disabled people. In 2002 of the 27,438 employees 20,728 are people with reduced capacity to work. (Central Statistical Office, 2002) According to estimations from the National Employment Service in 2002, 31,000 persons with reduced working ability worked in state-subsidised organisations for which 135 million EUR subsidy was granted.

8. Supported employment

One non-profit organisation (the Salva Vita Foundation) is working on spreading supported employment in Hungary to promote the integrated (open labour market) employment of people with learning disability. Its activities include: finding jobs which are adapted to the abilities and interests of mentally disabled employees, preparing candidates and supporting them to find a job, helping employers to find eligible employees and suitable jobs, introducing and supporting employees in the job. About 80 people with learning disabilities are helped or supported every year.

 
Countrywide application of the service Supported Employment is successful. After receiving training from Salva Vita Foundation, 4 organisations have adopted the method and provide supported employment of people with learning disability.

9. Commentary on legislation, policy, ALMP’s and funding from providers

As to the group of people with learning disabilities

Respecting human rights and the principles of data protection, Hungary (as other countries) does not register types of disability for reasons of employment. So there are very few data on people with learning disabilities. Based on the 2001-census the number of people with disabilities totalled 577,006 persons (which is nearly 6% of the total population), 56,963 persons of whom (nearly 10% of people with disabilities) were people with intellectual disabilities. The number of people with disabilities of active age (15-64 years) amounts to 339,383.
Most of the people with learning disabilities live in families. Some of them work in integrated jobs, social firms or state subsidised organisations. 2299 persons of those living in families (based on 2002 date) use one of the 95 day care centres, which provides minding during the day, opportunities for socializing and eventually active employment opportunities.
People with disabilities unable to provide for themselves or requiring continuous care live in boarding institutions and residential homes, from where very few can work in integrated jobs. Mainly they work at state-subsidised organisations, social firms or within the institution. Estimates say that the majority of people with learning disability is not employed, only around 7% are employed from the people with learning disability. Based on the 2001-census from the 56,963 intellectual disability people are 3992 employed, 671 registered unemployed, 26,903 economically inactive people (pensioners, disability pensions, etc), and 25,397 people with learning disability are dependants (children under school age or in full time education, or adult dependants).

Dissemination of information about the programs

The rehabilitation workgroups of the Labour Offices and the specialists working at the labour offices provide information to potential employers with reduced capacity to work who turn to them and on the opportunities and subsidies. For disabled people generally it takes more time to find the suitable job. Sometimes it is more appropriate to have a personal meeting with potential employers and to explain opportunities. Instead of simply searching jobs and provide mediation they have to focus on individual characteristics and the persons with learning disabilities have to be prepared for the employment. Further difficulty is that a significant part of disabled people is inactive so it is impossible to give them active employment support.

Co-operation between stakeholders

Several state run institutions and NGO’s, training institutions and specialists are involved in the training and employment of people with disabilities. However, different initiatives and programs are not always based on the existing structure and programs which is a significant problem. Sometimes they operate isolated for a short period of time or they cannot survive due to lack of financial means. Also, the lack of appropriate information about each other’s work makes it less efficient and more difficult. By establishing contacts between people working in such areas and by creating co-operation it would be possible to manage more efficiently the transition from training to employment and the different employment-related difficulties of people with disabilities. (A good example of the cooperation between the state and the NGO sector is the supported employment program of Salva Vita Foundation, which is also financially supported by the Municipal Labour Centre, and mediates people with intellectual disability to the foundation.)

Obligatory employment quota and subsidies

Strengths: the obligatory employment quota and the subsidies -at least in theory- motivate employers to employ people with reduced working abilities, including people with learning disabilities. Since one of the fundamental problems in Hungary is prejudice of employers and society against integrated employment it helps employers to cross the bridge. The employment quota rises considerably year from year.

 
Weaknesses: the fine for non-fulfilment of the employment quota is too low to have a strong sanctioning effect on employers. The quota is not in line with the grade of the disability so it is not taken into account when awarding subsidy to businesses. Enterprises with less than 20 employees receive less support for the employment of disabled people, civil organisation receive nothing at all. Especially small companies (with less then 20 employees) feel that the tax credits are not sufficient, though small companies are more willing to employ people with disabilities because they work more flexible than large companies.

Vocational training

The structure and the operation of the vocational training of people with disabilities is outdated. The vocations which are trained in vocational training institutions are obsolete but for a few exceptions and they do not conform to the requirements of the current labour market. Trainees cannot find employment after leaving school with their qualification, or they are employed at low wages which do not motivate them to work. Moreover more emphasis should be put on practical aspects and also the social and mental hygienic skills related to the work. The obligation to integrate training on the job in special vocational training is a significant change (in this year 8 special vocational school organise the work experiences in integrated workplaces).

 
Higher education schools do not offer appropriate knowledge on the training and employment of people with learning difficulties. Schools may focus on therapeutic or social aspects but not on the labour market processes, legislation and different methods.

Social Firms

Strengths: in addition to providing jobs, social companies also put emphasis on development and therapeutic aspects, which – in theory - could contribute to preparing people with disabilities for integrated employment in the future. Also, in the social firms it is possible to employ healthy people in socially disadvantageous situation, which improves the social relations of people with disabilities. The decline in the number of social firms in Hungary and so the small number of disabled people employed in this area also poses a problem.

 
Weaknesses: it happens in several instances that firms cannot provide appropriate work to people with disabilities and give them only badly paid and monotonous, boring work. Such kind of work in many cases does not help creating intrinsic need to work in the minds of people with disabilities. Moreover the subsidy provided to social firms is below the subsidy level provided to the state-subsidised organisations, therefore social firms can only give very low wages to people with disabilities. Another reason for low wages is that social companies are mainly manufacturers and it is difficult for them to carry out manufacturing with disabled people. The social firms could be working more effectively if they would produce things which are missing on the market.

State-subsidised organisations

Strengths: state subsidised organisations can ensure the employment of a huge number of people with learning disabilities. Also, organisations are strongly interested in the employment of the target group due to the financial incentives.
Weaknesses are threefold:
Firstly, often the jobs require monotonous work as organisations do not take into account individual needs and requirements. They usually pay low wages for disabled people and do not provide training for skills development for the job.
Secondly, for many people with disabilities the organisations provide employment within the boarding institution or day care institution. Though it contributes to safe jobs and revenues it does not provide integrated jobs which conform to the individual needs.
Thirdly, organisations are not interested in sending people with disabilities to integrated jobs because they need them to generate enough sales revenue.

 
The support granted by labour organisations to rehabilitation workplaces rises yearly, although relatively slow, similarly to the rate of growth of support granted to the business sphere. The aim of this support is the preparation and deepening of the integration. A considerable portion of tenders are made by employers offering integrated employment while the largest subsidies still go to state-subsidised organisations.

Supported employment

Strengths: supported employment is the most appropriate LMP among the Hungarian models for people with learning difficulties to enable them to start with paid work. It seems also to be able to prepare them to work in the long term. Salva Vita Foundation decided to set up regional service centres so today, already 4 organisations in the country provide supported employment to people with learning disabilities.

 
Weaknesses: currently few organisations perform supported employment for people with learning difficulties and there is much more demand for their work than what they can provide. In order to create more opportunities long term and safe financing should be provided for organisations, which promote training on the job and employment. People with learning disability who take advantage of supported employment are very often living in a family. The number of people in integrated employment could increase if boarding institutions and residential homes could also have access to this service.

Experimental programmes

Six non-profit organisations took part in a one and a half year’s pilot project aiming to support people living with mental, physical or chronic health impairment. by securing them part or full time employment in areas such as production, services, personal training, training on lifestyles as well as mental hygiene training. Operational and financial implications of employers were documented in the projects preparing legislation on rehabilitation employment. The project has not been evaluated yet.

The National Employment Foundation has called for tenders for the development of opportunities to employ people living with disabilities on many occasions. A tender project called ’Development of Rehabilitation Employment’ has just been launched.

The service provider funding system

The primary task should be to establish a legislative framework determining and ensuring the requirements which are indispensable for the operation and the services of the service provider organisations which promote supported employment and sheltered employment. If requirements are fulfilled the necessary funding has to be guaranteed. The subsidies should cover the following areas: the training of an appropriate number of specialists in order to make sure that the preparation, training and monitoring of people with learning disabilities should be performed in compliance with the individual needs; the costs of organising and implementing practical vocational training programs.

 
Supported employment, experimental programmes and other programs promoting alternative employment or training are relatively new in Hungary. Sometimes such programs need certain modifications or developments in the initial phase. Funding should be made available for new developments even by means of competitive bids. Beside competitive bidding opportunities guaranteed state subsidy may promote a more effective implementation of different schemes and programs.

References

National Summary Questionnaire Hungary, LABOr Project 2003 
International Labour Organization (ILO): http://www.ilo.org 
National Employment Foundation (OFA): http://www.ofa.hu 
Ministry of Labour and Employment Policy: http://www.fmm.gov.hu 
Labour Centre, Public Employment Service: http://www.afsz.hu
Central Statistical Office: http://www.ksh.hu

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1. Diszkrimináció ellenes jogszabályok

A fogyatékkal élõ emberek jogairól és egyenlõ esélyeinek biztosításáról szóló 1998-as törvény értelmében a fogyatékos embereknek jogukban áll integrált munkahelyen, vagy ennek hiányában védett munkahelyen dolgozni.
A Központi Statisztikai Hivatal 2001-ben a megváltozott munkaképességûekre vonatkozó munkaerõfelvétele szerint a 748 200 fõ egészségkárosodással élõ, megváltozott munkaképességû személy közül 95 000 fõ volt foglalkoztatott. Az ugyanebben az évben tartott népszámlálás adatai szerint az aktív korú fogyatékos emberek közül minden harmadik keresett munkát.

2. Kötelezõ kvóták

1987 óta, a több mint húsz alkalmazottat foglalkoztató munkaadók tekintetében kötelezõ foglalkoztatási kvóta rendszer van hatályban, amely jelenleg az alkalmazottak összlétszámának öt százalékát jelenti. Ha a munkaadó nem tesz eleget a kötelezõ arányszámnak, akkor rehabilitációs hozzájárulást kell fizetnie minden alkalmazott után (2004-ben 113 000 Ft./ fõ / év).

3. A foglalkoztatáshoz vezetõ út

A foglalkoztatás elõsegítésérõl és a munkanélküliek ellátásáról szóló 1991. évi IV. törvény a munkanélküliséget megelõzõ és az újbóli munkába állást elõsegítõ szolgáltatásokról rendelkezik. A törvény hatálya kiterjed mindazokra, akik munkát keresnek és munkaviszony létesítésére készek, így a megváltozott munkaképességû, köztük az értelmi fogyatékossággal élõ emberekre is.

1998 januárja óta, az Állami Foglalkoztatási Szolgálat rehabilitációs munkacsoportokat állított fel (megyei és kistérségi szinten). A rehabilitációs munkacsoportok szervezik és irányítják a munkaügyi kirendeltségek foglalkozási rehabilitációs szolgáltatását. Ennek keretében az álláskeresõ vagy munkanélküli megváltozott munkaképességû embereket kedvezõbb feltételekkel támogathatják pl. munkatapasztalat szerzésében, gyakorlati képzésében, vállalkozóvá válásában. A rehabilitációs munkacsoport feladata, hogy tájékoztasson a rehabilitáció folyamatáról, a rendelkezésre álló eszközökrõl, lehetõségekrõl, szükség esetén szakorvosi tanácsot kérjen (foglalkozás - egészségügyi ellátás vonatkozásában), és a foglalkoztathatóság figyelembevételével megfelelõ munkát ajánljon (munkahelyfeltárás keretében). Felméri a munkaadó együttmûködési készségét, továbbá tájékoztatja õket a támogatásokról és rendelkezésre álló szolgáltatásokról. A munkaügyi központokban, ha szükséges, a megváltozott munkaképességû személyek javára pozitív diszkriminációt alkalmazhatnak. Kedvezõbb feltételekkel támogathatják a megváltozott munkaképességû személyek munkatapasztalat szerzését, gyakorlati képzését és vállalkozóvá válását.

4. Szakképzés

Az 1993-as szakképzésrõl szóló törvény kiterjed az értelmi fogyatékos fiatalok szakképzésére speciális szakképzéssel foglalkozó iskolákban, továbbá a megváltozott munkaképességû emberek iskolarendszeren kívüli képzésére is, amely javítja a fogyatékkal élõk elhelyezkedési és munkahely megtartási esélyeit.

A felnõttképzésrõl szóló 2002. évi törvény az elsõ szakma megszerzését és a fogyatékos emberek szakképzését évente meghatározott létszámban központi költségvetési forrásból térítésmentesen biztosítja.

A munkaügyi központok támogatásával szervezett képzéseken, átképzéseken évente 1500-2000 megváltozott munkaképességû személy vesz részt. Az értelmi fogyatékos emberek számáról adattal nem rendelkeznek.
Létezik olyan támogatási forma, mely teljes mértékben megtéríti a vállalkozási tevékenység folytatására felkészítõ tanfolyamok költségét. Ez a támogatás legalább 40%-os mértékben csökkent munkaképességû személyeknek nyújtható, akik bejelentett munkanélküliek és akiknek a munkaügyi központ nem tud megfelelõ munkahelyet felajánlani. A támogatás 12 hónapig folyósítható. Évente kb. 50 -70 személy veszi igénybe ezt a támogatási formát, de közöttük fogyatékkal élõk nagyon kis számban vannak jelen.

5. Támogatott munkahely

Azok a 20 fõnél több alkalmazottat foglalkoztató gazdasági társaságok, - melyek megváltozott munkaképességû személyeket a kötelezõ foglalkoztatási kvóta felett alkalmaznak -, kiegészítõ támogatásra jogosultak az esetenként alacsonyabb teljesítménybõl adódó bevételkiesés ellentételezésére. A munkáltatók támogatásának mértéke, a megváltozott munkaképességû személyeknek a munkavállalók közti arányától függõen a megváltozott munkaképességû foglalkoztatottak munkabérének 45%, és 135% -a között mozog. A megváltozott munkaképességû emberek célszervezeti körön kívüli foglalkoztatásának támogatására a magyar adóhatóság 2002-ben kb. 4 milliárd Ft. támogatást adott.

A 20 fõnél kevesebb alkalmazottat foglalkoztató vállalkozások minden egyes legalább 50%-ban megváltozott munkaképességû személy alkalmazása után havonta 53 000 Ft-al csökkenthetik adóalapjukat. Az adóhatóság becslése szerint a vállalkozások hozzávetõlegesen 5 500 megváltozott munkaképességû személy alkalmazása után nyújtottak be az adóalap csökkentés iránti kérelmet.

A munkaügyi központok regisztrált munkanélkülieknek nyújtott támogatási rendszerét is igénybe vehetik a megváltozott munkaképességû emberek.
Az elsõ rendszer a béreket vagy a bérekhez kapcsolódó (egészségbiztosítási és nyugdíjbiztosítási ) járulékokat támogatja maximum 18 hónapig. 2003-ban 1146 megváltozott munkaképességû munkanélkülit foglalkoztató munkáltató részesült fizetési támogatásban, de az értelmi fogyatékos embereket foglalkoztató munkáltatók kis számban jelennek meg.
A második rendszerben a munkáltatók maximum egy évig kaphatnak támogatást, ha regisztrált munkanélkülieket közcélú feladatok elvégzésére alkalmaznak. A támogatást a foglalkoztatás közvetlen költségeinek maximum 70%-ában limitálták. A program segítségével évente kb. 2700 megváltozott munkaképességû munkanélküli személy talált állást, azonban semmit sem tudunk arról, hogy az értelmi fogyatékos emberek milyen arányban részesednek ebbõl.

6. Foglalkoztatást elõsegítõ beruházások, felújítások, illetve tárgyi eszközök bõvítése

A rehabilitációs foglalkoztatáshoz munkahelyet kialakító, átalakító, fenntartó vagy bõvítõ munkáltatók támogatásra jogosultak.
A támogatásokat a védett szervezetek, célszervezetek vagy szociális foglalkoztatók is felhasználhatják a fogyatékos emberek számára történõ munkahelyek kialakításához, fejlesztéséhez vagy bõvítéséhez.
Évente több mint 2000 megváltozott munkaképességû személy támogatása valósul meg a támogatás keretében.

7. Védett munkahely

Szociális Foglalkoztató

A szociális foglalkoztatók fõként önkormányzati tulajdonban lévõ non-profit szervezetek. Más szervezeteknek dolgoznak, zömében feldolgozói és kézmûves munkákat látnak el. Nem csak fogyatékos személyeket alkalmaznak, hanem egészséges, ám társadalmi támogatásra szoruló embereket, mint pl. idõsek, fizetéssel nem rendelkezõ személyek, sokgyermekes anyák stb. A munkavégzés történhet a szociális foglalkoztató telephelyén, a munkavállalók otthonában vagy más helyen. A szociális foglalkoztatók támogatásának mértéke attól függ, hogy milyen arányban foglalkoztatnak megváltozott munkaképességû embereket, és mennyi a foglalkoztatottak összlétszáma. A szociális foglalkoztatók 2002-ben összesen 2 227 személyt foglalkoztattak, melybõl 984 fõ bedolgozói jogviszonyban dolgozott rész-, vagy teljes munkaidõben. (KSH, 2002.)

Célszervezetek

Magyarországon a védett foglalkoztatás másik formája 61 államilag támogatott célszervezetben folyik, országszerte 631 helyszínen. A célszervezetekben dolgozók legalább 60%-a megváltozott munkaképességû. Az államilag támogatott szervezetek lehetnek állami vagy magánvállalkozások speciális csoportja, amelyek célja a rehabilitációs célú foglalkoztatás. A támogatás összege függ a foglalkoztattak egészségkárosodásának mértékétõl, és a minimálbér 135 és 360%-a között változik. A vállalatok további támogatást kapnak a súlyos fogyatékkal élõ személyek után. A sérültek más sérültekkel vagy egészséges emberekkel együtt dolgoznak részidõben, vagy teljes idõben. Az államilag támogatott szervezetek jelentõs számú értelmileg vagy fizikailag sérült személyt foglalkoztatnak. 2002-ben 27 438 foglalkoztatottból 20 728 megváltozott munkaképességû személy dolgozott a célszervezetekben. (KSH, 2002.) Az Állami Foglalkoztatási Hivatal becslése szerint 2002-ben a célszervezeti körben dolgozó 31 000 fõ megváltozott munkaképességû ember foglalkoztatásához 33,8 milliárd Ft. Dotáció került kiutalásra.

8. Támogatott foglalkoztatás

A Támogatott Foglalkoztatás meghonosításán Magyarországon egy non-profit szervezet, a Salva Vita Alapítvány dolgozik. Céljuk az értelmi fogyatékkal élõ személyek integrált foglalkoztatásának elõsegítése. Tevékenységük: az értelmi sérült munkavállalók képességeinek és érdeklõdésének megfelelõ munkahelyek megkeresése, a jelentkezõk felkészítése a munkára és támogatása a munkahelyen, a munkáltatók támogatása, stb. A program keretében évente kb. 80 fõ értelmi fogyatékos ember kap segítséget vagy támogatást.
Sikerrel mûködik a Támogatott Foglalkoztatás szolgáltatás országos telepítése. A Salva Vita Alapítvány képzését követõen, jelenleg már 4 szervezet vette át a módszert és támogatja értelmi fogyatékos emberek munkába állását országszerte.

9. Kísérleti programok

6 non-profit szervezet vett részt egy másfél éves kísérleti programban. A program mentálisan és fizikailag sérült vagy krónikus betegségekben szenvedõ emberek támogatását célozta. A program részidõs vagy fõállású foglalkoztatást biztosított termékek gyártása ill. szolgáltatás, szakmai képzés ill. életmód és mentálhigiénés képzés vonatkozásában. A rehabilitációs foglalkoztatás szabályozását elõkészítõ projekt célja az, hogy az egyes foglalkoztatóknál a foglalkoztatás mûködési és pénzügyi feladatait dokumentálják. A program kiértékelése még nem történt meg.

Az Országos Foglalkoztatási Közalapítvány több alkalommal írt ki pályázatot fogyatékos emberek foglalkoztatásának fejlesztésére. Jelenleg is indul egy pályázati program „Foglalkozási Rehabilitáció Fejlesztése” modell program megvalósítására.

10. Megjegyzések a törvényekkel, irányelvekkel, munkaerõ-piaci programokkal és finanszírozókkal kapcsolatosan

Értelmi fogyatékos emberek

Az értelmi fogyatékos emberek számáról kevés adat áll rendelkezésünkre, mert Magyarország - más országokhoz hasonlóan emberjogi, adatvédelmi okokból a foglalkoztatás vonatkozásában - nem tart nyilvántartást a fogyatékosság típusával kapcsolatosan. A 2001-es népszámlálás alapján a fogyatékkal élõ személyek száma összesen 577 006 (amely a teljes lakosság közel 6% -át teszi ki), ezek közül 56 963 személy (a fogyatékkal élõk 10%-a) értelmi fogyatékos. A fogyatékos emberek közül 339 389 fõ aktív korú (15-64 éves kor között)., az értelmi fogyatékos emberek közül pedig 39 841 fõ aktív korú.
Az értelmi fogyatékos emberek túlnyomó része családban él. Egyesek integrált munkahelyen, szociális foglalkoztatóban vagy célszervezetekben dolgoznak. A családban élõk közül - a 95 fogyatékosok napközi otthonában - 2 299 személy (2002-es adatok szerint) vesz igénybe napközi ellátást, amely gondoskodást nyújt számukra napközben, szocializációs lehetõséget, esetenként aktív foglalkoztatást biztosít.
Az önmaguk ellátására képtelen, vagy folyamatos felügyeletre szoruló fogyatékos emberek másik része bentlakásos intézményekben vagy lakóotthonokban él. Közülük nagyon kevesen dolgozhatnak integrált foglalkoztatás keretétben. Fõként államilag támogatott célszervezetekben, szociális foglalkoztatóban, vagy az adott intézményen belül dolgoznak. A becslések alapján megállapítható, hogy az értelmi fogyatékos emberek túlnyomó többsége nem dolgozik.

Információszolgáltatás a programokról

A munkaügyi központ rehabilitációs munkacsoportjai és a munkaügyi hivatalokban dolgozó szakemberek az õket felkeresõ megváltozott munkanélküli embereknek tájékoztatást nyújtanak a lehetõségekrõl és az igényelhetõ támogatásokról. A fogyatékos emberek számára a megfelelõ munkahely megtalálása általában több idõt vesz igénybe. Gyakran eredményesebb személyesen találkozni a leendõ munkáltatóval és elmagyarázni neki a megváltozott munkaképességû emberek foglalkoztatásával járó kedvezményeket, lehetõségeket. Az egyszerû munkahelykeresés helyett a munkaközvetítésnek az egyéni tulajdonságokra kell összpontosítania, és az értelmi fogyatékos embereket fel kell készíteni a foglalkoztatásra. Gondot okoz továbbá, hogy a fogyatékos emberek jelentõs része inaktív, ezért aktív foglalkoztatási segítséget a munkaügyi központokban nem tudnak számukra nyújtani.

Az érintettek közötti együttmûködés

Számos állami és civil szervezet, oktatási intézmény és szakértõ érintett a fogyatékkal élõ emberek oktatásában és foglalkoztatásában. Azonban a különbözõ kezdeményezések és programok nem mindig a meglévõ struktúrákon és programokon alapulnak, és ez komoly gondot jelent. A különbözõ programok gyakran ideig elszigetelten mûködnek, vagy a pénzügyi forrásai kimerülnek, és így nem tudnak fennmaradni. A résztvevõk nem ismerik a többiek munkáját megfelelõen, ezért nehezebb és kevésbé hatékony ez a munka. A szóban forgó területen dolgozó szakemberekkel való kapcsolat és együttmûködés kialakítása révén nagyobb hatékonysággal bonyolítható le az oktatásból a foglalkoztatásba való átmenetet, és kezelhetõ a fogyatékkal élõk különféle foglalkoztatással kapcsolatos problémáit. (A civil és az állami szféra közti együttmûködésre jó példa a Salva Vita Alapítvány támogatott foglalkoztatás programja, melyet nemcsak anyagilag támogat a Fõvárosi Munkaügyi Központ, hanem enyhe értelmi fogyatékos embereket közvetít az alapítványhoz.)

Kötelezõ foglalkoztatási kvóta és támogatások

Erõsségek: a kötelezõ foglalkoztatási kvóta és a támogatások – legalábbis elvileg -, arra ösztönzik a munkáltatókat, hogy megváltozott munkaképességû embereket, köztük értelmi fogyatékos embereket foglalkoztassanak. Mivel Magyarországon az egyik alapvetõ probléma a munkáltatók és a társadalom elõítélete az integrált foglalkoztatással szemben, a kötelezõ foglalkoztatási kvóta és a támogatások segítenek áthidalni ezt a szakadékot. A rehabilitációs hozzájárulás összege évrõl-évre jelentõsen emelkedik.

Gyengeségek: A kötelezõ foglalkoztatási kvóta be nem tartása után járó büntetés túl alacsony és nem gyakorol elegendõ szankcionáló hatást a munkáltatókra. A foglalkoztatási kvóta nincs összhangban a fogyatékosság súlyosságával, a gazdasági társaságoknak járó dotáció odaítélésekor nem veszik ezt figyelembe. A 20 fõ alatti vállalkozások kevesebb támogatást kapnak megváltozott munkaképességû emberek foglalkoztatása esetén, a civil szervezetek pedig egyáltalán nem kapnak támogatást. Különösen a kis vállalkozások (20 fõ munkavállalói létszám alatt) érzik úgy, hogy az adójóváírás nem elegendõ, pedig a kis vállalkozások inkább hajlandóak fogyatékos embereket alkalmazni, mert mûködésük rugalmasabb, mint a nagy vállalatoké.

Szakképzés

A fogyatékkal élõ emberek szakképzésének a struktúrája és mûködése jórészt elavult. A szakképzéssel foglalkozó intézmények által oktatott szakmák néhány kivételtõl eltekintve idejét múltak, és nem felelnek meg a mai munkaerõpiac követelményeinek. A tanulók az iskola elvégzése után a megszerzett képesítéssel nem találnak munkát, vagy olyan alacsony bérért foglalkoztatják õket, amely nem ösztönzi õket a munkára. Továbbá, nagyobb hangsúlyt kell fektetni a gyakorlati aspektusokra és a munkával kapcsolatos társadalmi és mentálhigiéniai készségekre. Jelentõs változás, hogy a speciális szakiskolai programba be kell épülnie a munkahelyi gyakorlatnak (ez ma már 8 iskolában mûködik).

A felsõoktatási intézmények nem nyújtanak megfelelõ ismereteket a tanulási zavarokkal küzdõ emberek oktatásával és foglalkoztatásával kapcsolatosan. Lehet, hogy az iskolák foglalkoznak a terápiás vagy társadalmi kérdésekkel, de a munkaerõ-piaci folyamatokkal, a jogszabályi háttérrel és a különféle módszerekkel nem.

Államilag támogatott szervezetek (védett foglalkoztatás)

Szociális foglalkoztatók

Erõsségek: a munkával való ellátáson kívül a szociális foglalkoztatók a fejlesztõ szempontokra is hangsúlyt fektetnek, ami – elméletben –, hozzájárulhat a jövõben a fogyatékos emberek integrált foglalkoztatásához. A szociális foglalkoztatókban lehetõség nyílik egészséges, szociálisan hátrányos helyzetû emberek alkalmazására is, ami javítja az értelmi fogyatékos emberek társadalmi kapcsolatait. Problémát jelent, hogy jelentõsen csökken a szociális foglalkoztatók száma Magyarországon, így az itt munkát vállaló fogyatékos emberek száma is.

Gyengeségek: számos esetben elfordul, hogy a foglalkoztatók nem tudnak megfelelõ munkát biztosítani a fogyatékos embereknek, és csak rosszul fizetett, monoton és unalmas munkát adnak nekik. Az ilyen munka sok esetben nem járul hozzá a fogyatékosok munkára való belsõ késztetésének kialakulásához. Ezenkívül a szociális foglalkoztatóknak nyújtott támogatás elmarad a célszervezeteknek nyújtott támogatástól, és ennek következtében a szociális foglalkoztatók csak igen alacsony bért tudnak fizetni a fogyatékosoknak. Az alacsony bérek másik oka, hogy a szociális foglalkoztatók árutermelõ tevékenységet folytatnak, azonban nem tudnak a fogyatékos emberekkel megfelelõ termelõtevékenységet folytatni. Megoldás lehet a piacon lévõ hiányterületeket felkutatni, és ahhoz igazodva termelni.

Célszervezetek

Erõsségek: az állami támogatásban részesülõ szervezetek nagyszámú, értelmi fogyatékos ember foglalkoztatását tudják biztosítani. A célszervezeteket a pénzügyi ösztönzõk is erõsen érdekeltté teszik az értelmi sérült emberek foglalkoztatásában.

A gyengeségek három csoportra oszthatók.

Elõször: a munkahelyek által megkövetelt munka gyakran monoton, mivel a szervezetek gyakran nem veszik tekintetbe az egyéni igényeket és szükségleteket. Általában alacsony bért fizetnek a fogyatékos személyeknek, és nem fejlesztik munkával kapcsolatos készségeiket.

Másodszor: a szervezetek sok fogyatékos számára a bentlakásos intézmény vagy a nappali ellátást biztosító intézmény falain belül teszik lehetõvé a foglalkoztatást. Bár ez hozzájárul a biztonságos munkahelyhez és jövedelemhez, nem biztosít az egyén igényeinek megfelelõ integrált munkahelyet.

Harmadszor: a szervezetek nem érdekeltek abban, hogy a fogyatékos személyeket integrált munkahelyekre küldjék, mivel szükségük van rájuk ahhoz, hogy elegendõ bevételt érjenek el.

A munkaügyi szervezetek által rehabilitációs munkahelyeknek nyújtott támogatások minden évben emelkednek (habár igen lassan), hasonlóan a versenyszférába irányuló támogatások arányához. Ennek a támogatásnak a célja az integráció elõkészítése és bõvítése. A pályázatok jelentõs része az integrált foglalkoztatást biztosító munkáltatóktól kerül ki, azonban a támogatás összege alapján továbbra is a célszervezetek kapják a legtöbb támogatást.

Támogatott foglalkoztatás

Erõsségek: A támogatott foglalkoztatás az egyik legmegfelelõbb munkaerõpiaci program az értelmi fogyatékos emberek számára elérhetõ magyar modellek közül. Ez fizetett munkához juttatja õket, és – úgy tûnik – hosszú távon felkészíti õket a munkavégzésre. A Salva Vita Alapítvány regionális szolgáltató központok kiterjesztését tûzte ki célul, így mára már 4 vidéki szervezet is biztosítja a támogatott foglalkoztatást a fogyatékos embereknek számára.

Gyengeségek: kevés szervezet foglalkozik támogatott foglalkoztatással az értelmi fogyatékos emberek számára, sokkal nagyobb az igény erre a szolgáltatásra, mint amennyit egyelõre kezelni tudnak. Több lehetõség kialakításához hosszú távon megfelelõ pénzügyi forrásokat kell biztosítani az ezzel foglalkozó szervezetek számára, amelyek támogatják a munkahelyi felkészítést és foglalkoztatást.

Elsõsorban a családban élõ fogyatékos személyek vették igénybe a támogatott foglalkoztatást. Az integrált foglakoztatás keretében dolgozó emberek száma növekedhetne, ha a bentlakásos intézmények és a lakóotthonok is igénybe tudnák venni ezt a szolgáltatást.

A szolgáltatást nyújtó finanszírozási rendszere

Az elsõrendû feladat olyan jogszabályi keretek kidolgozása, amelyek meghatározzák és biztosítják a támogatott foglalkoztatást valamint a speciális fejlesztõ foglalkoztatást elõsegítõ szolgáltatók mûködéséhez és szolgáltatásaihoz szükséges feltételeket és támogatási hátteret. Támogatás szükséges minden olyan szolgáltatás esetén, mely a fogyatékos emberek munkaerõ-piaci integrációját elõsegíti. Például megfelelõ számú szakember képzése annak biztosítására, hogy a fogyatékos személyek felkészítését, képzését és tevékenységük figyelemmel kísérését az egyéni igényeknek, a szervezési költségeknek és a gyakorlati szakképzési programoknak megfelelõen valósítsák meg.

A támogatott foglalkoztatás, a kísérleti programok, és az alternatív foglalkoztatást vagy képzést biztosító egyéb programok viszonylag új keletûek Magyarországon. Ezek a programok a kezdeti szakaszukban esetenként bizonyos módosításokat vagy fejlesztéseket igényelnek. Az új fejlesztésekhez szükséges finanszírozást pályázati lehetõségek keretében kell biztosítani. A már meglévõ, eredményes programok hosszú távú mûködtetéséhez garantált állami támogatásra van szükség.

Hivatkozások

Országos összefoglaló kérdõív Magyarországra, LABOr projekt, 2003
International Labour Organization (ILO): www.ilo.org (angol nyelvû)
Országos Foglalkoztatási Alapítvány (OFA): www.ofa.hu (angol nyelvû)
Foglalkoztatáspolitikai és Munkaügyi Minisztérium: www.fmm.gov.hu
Állami Foglalkoztatási Szolgálat: www.afsz.hu
Központi Statisztikai Hivatal: www.ksh.hu

1. NON-DISCRIMINATION LEGISLATION

The Employment Equality Act, 1998 outlaws discriminatory practices in relation to employment. The Act prohibits direct and indirect discrimination and victimisation in employment on several grounds, including disability. For disability discrimination to have taken place, the comparison can be between a person who has a disability and a person who does not, or between people with different disabilities. The Act covers discrimination across all relevant aspects of employment including access to employment, pay and conditions of employment, vocational training, work experience, promotion and dismissal. The legislation covers full and part-time work and applies to both public and private sector employment, employment agencies, vocational training agencies, professional bodies and trade unions.

 
The Equal Status Act 2000 extends some of these rights to the provision of goods and services and other opportunities. It also extends the definition of discrimination to include a refusal or failure by the provider of such a service to do all that is reasonable to accommodate the needs of a person with a disability by providing special treatment or facilities, if it would be impossible or unduly difficult for the person to take up the service without this help. There is some provision for services to refuse if a cost, other than a nominal cost, to the provider is incurred.

 
All education institutions are covered by the Act, and they are prohibited from discriminating on the basis the main range of grounds, including disability. Educational establishments are prohibited from discriminating in admission, access to courses and to any facility or benefit provided, to any term or condition of participation in the establishment including admission, and the expulsion of, or any other sanction against, a student.

 
An Equality Authority exists to advice or, in some priority cases, legally represent disabled people who are discriminated against in the Labour Court. An Office of Director of Equality Investigations (ODEI) also exists with an Equality Tribunal separate from the Equality Authority, that has quasi-judicial functions in respect of investigating cases taken under the Employment Equality Act, 1998, and also under the Equal Status Act 2000.

 
http://www.equality.ie
http://www.nda.ie

2. QUOTA-OBLIGATION

A 3% quota requirement exists in public services. There are no such requirements in Ireland for private sector employers to provide a particular percentage of jobs to people with disabilities.

3. ROUTES TO EMPLOYMENT (INCLUDING SPECIAL ASSESSMENT)

Arising from the report of the Commission on the Status of People with Disabilities, “A Strategy for Equality” (1996) the Irish Government, in June 2002, implemented a restructuring of statutory responsibilities for training, work and employment services for people with disabilities. In line with the fundamental principle of mainstreaming, the Department of Health and Children retained responsibility for Day Activity, Rehabilitative Training and Sheltered Work, while responsibility for Vocational Training and Employment, including “sheltered and supported employment”, was assigned to the Department of Enterprise, Trade and Employment. In addition a number of training supports previously provided by the NRB (National Rehabilitation Board) were transferred to Foras Áiseanna Saothair – Training and Employment Authority (FÁS). FÁS has responsibility for providing labour market services for all people, including persons with disabilities, and is responsible to the Department of Enterprise Trade and Employment.

People with a disability have a number of routes they can follow through the FÁS:

The Career Advice through FÁS is a programme of assessment, career counselling and advice on training and employment options. This service was previously available through the National Rehabilitation Board (NRB). NRB Disability Advisors joined FÁS in 2000. This service is provided by FÁS placement officers.

 
Generic and Specialist Vocational Training - Skill development programmes - See below

Vocational Training Linked Programmes - These generic routes provide a range of routes for people to explore and enter employment at various levels of skill. While available to people with learning disabilities, the numbers making use of these are unknown, but considered to be small in number.

Employment Support Programme - A wage subsidy programme for people with any form of disability - See below
National Supported Employment Programme - A job coach based supported employment development - See below.

In addition to FÁS programmes, Workway, a Joint Irish Congress of Trade Unions (ICTU)/ Irish Business and Employers’ Confederation (IBEC initiative, sets out to promote employment of people with disabilities. The project will identify barriers to employment of people with disabilities and actively promote employment of people with disabilities through direct engagement and effective collaboration combining national and local level resources within a partnership approach. It operates through 5 regional networks. The seven objectives are:

• Raise awareness
• Explore skill availability and labour shortages
• Identify barriers to employment from the perspectives of employers and people with disabilities
• Involvement of all parties in finding practical solutions
• Impart information to assist with the integration of people with disabilities
• Link in with existing networks
• Inform public policy makers and service providers of the implications for developing employment and training services

The initiative has been developed in accordance with the terms of Programme for Prosperity and Fairness and supported by the Department of Enterprise, Trade and Employment and funded by the Irish Government under the National Development Plan up until 2006. The Workway initiative is currently under review.

http://www.fas.ie

4. VOCATIONAL TRAINING

People with disabilities may pursue Vocational Training through either generic or specialist routes, supported by FÁS. Generic Vocational Training is training in a specific employable skill to a predetermined level of certified competence. From 2003, vocational training policy is to be developed on a three-dimensional basis:

• Developing the skills of people with disabilities to enable them to access employment.
• Stimulating awareness amongst employers of the contribution which people with disabilities can make to their business and encouraging companies to more actively consider recruiting people with disabilities
• Providing specific employment supports to people with disabilities and employers.

Specialist Vocational Training has the key objective of occupational integration of people with disabilities. As stated in Operational Programme for Employment and Resource Development, two levels of specialist training provision exist.

• Introductory Skills Training
• Specialist Skills Training

In 2002 this specialist training was located in 57 training centres with over 2625 places available.

 
Rehabilitative Training, offered through the Department of Health and Children focuses on the development of an individual’s core personal capacities i.e. life skills, social skills etc. to each individual’s level of capacity. Accreditation by the National Accreditation Committee is an essential requirement of public funding for rehabilitative training providers.

 
Finally, there are a number of Vocational Training Linked Programmes that are generic in nature, available to all but which, because of their level of support they can offer, are not used by many people with learning disabilities. FÁS Apprenticeships are a method by which a person works for an employer as an apprentice in a chosen trade and learns the necessary skills, knowledge and attitudes to become a qualified craftsperson. Apprenticeship means people will undergo specific tests and assessments to ensure they achieve certain pre-set standards of skill and competence during the course of your apprenticeship. Traineeships are provided in FÁS Training Centres where trainees develop and learn a range of specific occupational skills. Trainees then move into the employer's workplace, where they follow a joint FÁS/Employer agreed Schedule of Training to further develop and enhance their skills to achieve mastery in the workplace and to achieve a formal occupational qualification. Workplace is a grant assisted work experience programme. Job Clubs are designed to assist participants in the development of confidence building, and provides the resources needed for an intensive search for work. Job Clubs have been established in Local Employment Service areas. In a buoyant labour market, the Job Club provides a resource to those who are ready to take up employment, but lack basic job hunting skills.

 
5. SUBSIDISED EMPLOYMENT

Another significant FÁS programme for people with disabilities is the Employment Support Programme. The ESP offer financial support to employers to encourage them to employ people with disabilities whose work productivity is 50-80% of normal performance. The person is subject to the same conditions of employment as other employees. The employer pays 100% of gross salary as advertised, while FÁS pays a grant to the employer to cover the shortfall. People with disabilities can retain secondary welfare benefits for one year. This is a relatively small scheme catering for approximately 400 people with disabilities.

 
The Social Economy Programme operated by FÁS aims to support the development of social economy enterprises that will benefit the economic and social regeneration of communities. Social economy enterprises tend to:

• offer ownership within a community or among people with a shared interest
• respond to market needs
• focus on the economic and social development of the community
• benefit both the community and individual members
• provide sustainable employment opportunities.

 
Schemes of this type at present assist very few people with learning disabilities into employment.

 
Further, there are a number of schemes which allow for retention of social welfare benefits, again operated through FÁS. These schemes are significant in size, catering for nearly 6,000 people with disabilities:

• Community Employment Programme - provides eligible unemployed and other disadvantaged people with an opportunity to engage in useful work within their communities on a temporary basis. Community Employment has two categories of participants, each with its own set of qualifying conditions:
  • Part-time Integrated Option - Persons with disabilities aged 18 years or over who are in receipt of particular welfare benefits, including Disability Allowance, are eligible. People are provided with work for one year for an average of 39 hours per fortnight. Local organisations and groups plan and manage Community Employment projects and provide work opportunities. Some people go on to a further year, with FÁS agreement.
  • Part-time Job Option - Similar eligibility criteria apply, but people can work for up to 3 years compared to the standard one year available to other participants. The 3 year option recognises the need to provide access to a part-time job for extended periods for older people who have been unable to secure regular employment for some time.
• Job Initiative - is a programme providing full-time employment for persons who are over 35 years of age, who have previously been unemployed for 5 years or more, and are in receipt of an appropriate social welfare payment over that period. The primary purpose of the programme is to assist long-term unemployed persons to prepare for work opportunities in the open labour market. The programme achieves this by providing participants with work experience, training and development opportunities. While Medical Cards can be retained for 3 years, the welfare benefits seen as qualifying mean few people with learning disabilities are likely to be eligible.

6. SUBSIDIES TO OFFSET THE COST OF ADAPTATIONS TO THE WORKPLACE, ON-THE-JOB SUPPORT AND TRANSPORT

The Work Equipment Adaptation Grant (WEAG) is offered through FÁS to help a person with a disability who has been offered employment or who is in employment and requires a more accessible workplace or adapted equipment to do the job. The person or employer may be able to get a grant from FÁS towards the cost of adapting premises and equipment. A maximum grant of €6,348.70 (2003) is available.

The Disability Awareness Training Grant for Employers from FÁS, this will provide for grants towards the cost of Disability Awareness training for employees.

 
The Job Interview Interpreter Grant (JIIG) from FÁS, is offered to a job seeker who has a hearing or speech impairment and are attending job interviews the person may apply for funding to have an interpreter to attend an interview with them.

 
The Personal Reader Grant from FÁS, is offered to people who are blind or visually impaired and require assistance with job related reading. The person may be entitled to a grant to allow the person to employ a personal reader. FÁS pay a fee of €6.35 per hour (2003). It will be paid on a short term basis to a maximum of 16 weeks. People in employment or seeking employment who require assistance may also be eligible.

 
7. SHELTERED WORKSHOPS

Sheltered Occupational Services (SOS) - Sheltered Employment, is also offered through the Department of Health and Children. The definition of rehabilitative work was under review in 2003, however, it is estimated that there were 2,900 people at work in approximately 216 services (number from NACTE). The National Intellectual Disability Database (NIDD) 2000 identified 4,585 people in sheltered work and training centres, but no breakdown is available by type of service.

8. SUPPORTED EMPLOYMENT

The National Supported Employment Programme is funded through the National Development Plan and supported by FÁS. Twenty four interagency consortiums have been set up across the country. The services involved in consortia provide the support of a job coach to assist people to be integrated into employment in the open labour market (which must comply with employment legislation e.g. minimum wage, holidays, promotion etc.). In 2002 the NSEP supported 1,918 people with 735 placed in employment, with about 50% approximately have intellectual disability.

 
Prior to the NSEP initiative there were estimated to be 717 people in supported employment, largely provided through supported employment services operated by voluntary sector agencies.

 
9. Commentary on Legislation, Policy, ALMPs and Funding from Providers

Non-Disability Discrimination Legislation

Our respondents were generally supportive of the legislation currently in place, but point to the work of the Disability Legislation Consultation Group that HAS reviewed and made suggestions for further reform and extension of the legislation, particularly in line with E.U. Directives, and the need for furthering the human rights agenda. Two most significant pieces of legislation are expected early in 2004, namely: Disability Bill and the Education (Disabilities) Bill.

Welfare Benefit issues surrounding the move to employment

The government offers a Back to Work Allowance through the Department of Social and Family Affairs. The scheme encourages unemployed people, lone parents and people receiving Disability Allowance, Blind Person's Pension, Farm Assist, Invalidity Pension, Pre-Retirement Allowance, and Unemployability Supplement to take up employment. People getting Carer's Allowance, who have ceased caring responsibilities, are also eligible. It provides people with a financial cushion to help them to return to work.

 
The support sets out to address poverty trap of benefits by offering a taper in the claw back of benefit as people enter a job:

• In year 1: retain 75% of benefits
• In year 2: retain 50% of benefits
• In year 3: retain 25% of benefits

http://www.welfare.ie
http://www.citizensinformation.ie

http://www.revenue.ie

Strengths

• The fact that an individual can earn an extra €120 on top of their Disability Allowance without affecting their payment, was felt to be of great help to disabled people seeking employment.

Weaknesses

• There is always a possibility that when the Clients gain employment they may loose their secondary benefits, for example their travel pass, medical card or rent allowance. This possibility can put people off taking up employment.
• If you are on a stamp-based payment and you find a Job that is suited to, you have to apply for permission before you can take the Job. This permission takes at least 6 weeks to come through and very few Employers are willing to wait 6 weeks, they want the Job vacancy filled as quickly as possible.

Active Labour Market Policies

Strengths

• The Employment Support Scheme is a great assistance to people with disabilities.
• The Back to Work Allowance Scheme, which allows people to go back to work and still receive a proportion of their Disability Payments, was seen very positively by our respondents. The number of reserved places on the scheme for people with disabilities is very useful, as it guarantees access for them.

Weaknesses

• One of the current criteria of the National Supported Employment Programme is that the people with disabilities have to be capable of working for a minimum of 18 hours per week. The elimination of the minimum hours would allow more people to access the Programme and take their place in the labour force.
• As the NESP is financed on a year-to-year basis, it would make planning a lot easier for the service providers if the funding was guaranteed for 3 or five years at a time. This would therefore have a positive impact on the quality of the service being provided.

The Key Points

A. Improve Welfare Benefit regulations

• The ceiling of €120 for should be raised as it prevents some individuals from working extra hours or accepting pay increases as they do not want to reduce their D.A.
• Move criteria for Back to Work Allowance from 20 hours to 10 hours
• Simplify their ability to return to Disability Allowance if work fails.
• It would be better if each person with a disability could be given a “Cost of Disability Allowance”, which would remain with them no matter what their circumstances and would not be means tested.
• Education of government department’s personnel who deal with queries to be fully briefed and aware of all the benefits available and implications of same.
• People should be able to receive Back to Work Allowance even if employer receives the Employment Support Scheme. These negative overlaps should be resolved.
• Medical Card and Travel Pass retention could be guaranteed, this would alleviate anxiety and would lead to more People taking up employment.
• More incentives for employers would be helpful. For example, a grant could be paid for the first 6 months towards the individual’s wages, payable in arrears. Another idea would be tax relief or a tax reduction measure for the employer.

B. Assistance for Employers

• Easier access to grants for employers.

C. Further Development of Supported Employment

• Development of a “brokerage” system to allow people with disabilities chose what services they wish to avail of and from whom.
• Budgeting over more than one year, and more regular payments to community based employment services would enable those services to be planned strategically, and made more stable.
• Education and training to increase awareness of the benefits for employers in employing a person with a learning disability should be carried out. Along with this, more publicity on a national basis is needed to increase awareness of the NESP scheme. This would help when Job Coaches are knocking on the doors of the employers.

D. Transport

• There should be provision of funding to improve the transport available to people with learning disabilities.

Back

1. NON-DISCRIMINATION LEGISLATION

The state law 68, 1999 on the right to work of the disabled (including the intellectually disabled) protects the rights of workers with all types of disabilities and prohibits discrimination against them in the workplace. This law promotes access to work for disabled people through a compulsory employment quota system. This law states that the same standards of legislative and collectively agreed treatment must apply to disabled workers as to other workers.

 
Article 3 of the Italian Constitution states that: “All citizens have equal social status and are equal before the law, without regard to their sex, race, language, religion, political opinions, and personal or social conditions.” …and that “It is the duty of the republic to remove all economic and social obstacles that, by limiting the freedom and equality of citizens, prevent full individual development and the participation of all workers in the political, economic, and social organisation of the country.” With regard to equal treatment in employment, Article 36 states that: “Workers are entitled to remuneration commensurate with the quantity and quality of their work ...”

 
As regards banning discrimination, Italian legislation, in line with EU law, distinguishes between direct and indirect discrimination. Prohibition of direct discrimination requires employers selecting employees or deciding their conditions of employment to ignore differences among them, which have no bearing on their ability to perform the work (such as gender, race, and religion). Prohibition of indirect discrimination obliges employers to ignore differences, even if they are relevant to the content of the work, which are not directly but only indirectly connected with discrimination. Clauses in collective agreements, which breach the principle of non-discrimination, may be annulled by law.

 
In terms of the broader policy response to anti-discrimination action programme, this has been more limited. No significant political initiative has been taken by the Italian parliament; no new body has been set up to promote equal treatment; and no public action has been taken to disseminate information on anti-discrimination measures.

2. QUOTA-OBLIGATION

There is a quota requirement in Italy for employers to provide a particular percentage of jobs to people with disabilities. The law of 1999 requires companies having 15 or more employees to employ one or more workers with disabilities. Those with 15 to 35 employees must employ one disabled worker, those with 35 to 50 must employ two, and in larger companies 7 percent of the work force must consist of people with disabilities. Companies offering introductory placement to a person with a disability leading to employment afterwards, can include this placement in the calculation of their quota for a maximum of two years. Companies hiring people with disabilities are allowed certain benefits, including lower social security contributions, while the government pays the cost of worker training. These benefits also apply to companies with less than 15 employees employing a disabled person. The law also provides for more severe and precise sanctions against companies violating the law. The income collected from fines for non-compliance with the law is gathered in a fund (managed by the regions) to finance labour integration projects.

3. ROUTES TO EMPLOYMENT (INCLUDING SPECIAL ASSESSMENT) 

In Italy there are State and Regional laws that support integration into the labour market. According to law 68/99 all disabled jobseekers should present themselves to the local ASL for assessment. After this evaluation (functional diagnosis, socio-professional profile, and final report) the precise capacity for work of the individual jobseeker is defined. The individual and his/her capacity is then put on the appropriate waiting list (one per province) for a job. There are several vocational training and job support programmes that can be used to help integrate people with disabilities into the labour market: 

• Accoglienza”- Welcome
• “Orientamento”- Vocational guidance
• “Formazione”- Formation
• “Accompagnamento”- Accompanying

 
http://www.lavoro.gov.it/Lavoro/
http://www.istruzione.it
http://www.disabili.it
http://www.regione.lombardia.it (similar websites exist in all regions: www.regione.piemonte.it)
http://www.provincia.piacenza.it (similar websites exist in all provinces: www.provincia.lodi.it)

4. VOCATIONAL TRAINING

In Formation (“Formazione”) disabled people learn a job by attending a course in specialised Formation Centres. This guarantees for the individual an appropriate qualification with relevant competences for jobs that are really wanted by the local companies. Other ways to get relevant experience are the training period on the job or the apprenticeship period. At the end of the on-site training period the company is obliged to hire the trainee. During the training period people with disabilities should receive appropriate psycho-social and educational counselling. Students can enrol on a project, which alternates between school and the workplace. There are some key figures involved during this period: a co-ordinator, usually a worker of the Formation Centre; Tutors, usually workers of the Social Firm in which the disabled people will go to work; and workers of A.S.L.

5. SUBSIDISED EMPLOYMENT

The law 68/99 foresees in a yearly fund of 31 million € (see also below, under 6) to compensate the employers’ taxes for the person with a disability, and this up to 100% and for a maximum period of 8 years, depending on the degree of disability. The highest levels of compensation apply to people with a reduced work capacity of more than 79% and to all people with psychiatric or intellectual disabilities. The tax compensation spent by the regions on the latter groups may not be higher than 10% of the total fund at disposition.

6. SUBSIDIES TO OFFSET THE COST OF ADAPTATIONS TO THE WORKPLACE, ON-THE-JOB SUPPORT AND TRANSPORT

The law 68/99 foresees in the above-mentioned yearly fund of 31 million € to reimburse partly the costs of adaptation to the workplace, and to finance activities aiming at promoting the professional integration of the disabled. This law and fund apply to all types of disabled people of working age.

 
7. SHELTERED WORKSHOPS

Law 381, 1991 regulates Social Firms in Italy, the “Cooperative Sociali”. These are a major form of provision of jobs for people with a disability in Italy. There are two different kinds of Cooperative Sociali:

Cooperativa Sociale di Tipo A

These social firms assist disabled people. One or more disabled people normally sit on the Board of these firms. All the workers are non-disabled people and they provide support for people who are not self-sufficient.

Cooperativa Sociale di Tipo B

In these social firms, the great majority of workers are disabled people. Some of the non-disabled workers take roles as “educators” of people who are not as skilled and they often have a co-ordinating role within the firm.

8. SUPPORTED EMPLOYMENT 

Welcome (“Accoglienza”). In this programme, Social Services activate “welcoming” actions at the beginning of the working life of disabled people. While organisations providing this type of programme vary between regions, and these can include U.S.L. (the Organisation of the Health Minister) and UVH (the Handicap Valuation Unit). These organisations can help to prepare the person with a disability for social integration.Vocational Guidance (“Orientamento”). During this programme, specialist staff guide the person with a disability to find out what their best option will be in the labour market. During this period disabled people discover step by step what they might like to do in terms of a job, and what they might be able to do. In this period the disabled person and his or her relatives are central to the process. 

 
Accompanying (“Accompagnamento”). This phase can operate, more at the same time as Formation. Law 328 created a new and important figure, the “Mediatore al Lavoro” (Intermediary at Work). During the Accompanying period the Intermediary at Work operates to bring together the needs of the disabled person and needs of the company in which they will work. The Intermediary at Work accompanies the worker to the workplace and is responsible for ensure the success of the placement.

9. Commentary on Legislation, Policy, ALMPs and Funding from Providers

Non-Disability Discrimination Legislation

The law 68/99 leaves the organisation of the labour integration services to the local level. The success of the law (and of the professional integration of people with disabilities) is therefore linked to the capacity of the different services (labour, health, social and training) at local level to interact effectively.

Welfare Benefit issues surrounding the move to employment

Disabled people have a number of different possibilities in relation to the welfare benefits they can receive:

Strengths

• People with disabilities who are more than 74% disabled are able to receive a Disablement Pension. The person can receive approximately €220 every month.
• An additional pension is available for disabled people who have a 100% inability level. This monthly pension of approximately €420 is added to the Disablement Pension. Taken together people with severe disabilities can earn €640.
• People who become disabled during their life can claim a pension from the INPS: the Istituto Nazionale della Previdenza Sociale (national institute of social security). This pension is not based on contribution people have made while at work, and the Italian State recognises this as a minimum pension. 

• When a person with learning difficulties begins to work, the State will maintain the welfare benefit pension income if s/he does not earn more than €15000 euro gross per year. This is a problem for many disabled people. A person who works part time can earn more than €15000 per year and so many disabled people do not wish go to work because they fear loosing their pension without replacing it with an adequate earned income.
• People who become disabled during working life and then return to work will progressively lose their pensions. Many people in this situation have the same problems as many of the people who are disabled from birth.

Active Labour Market Policies

Strengths
Welcome (“Accoglienza”). The work of ASL and UVH staff through this programme allow people with disabilities to have the assistance of people who have a good knowledge of the health and social problems of disabled people. 

Vocational Guidance (“Orientamento”).  This is the first time that disabled people leave their relatives, which makes it a very important period. With support people with disabilities learn to be more independent and then begin to make employment decisions themselves.Disabled people can be helped to learn a job through this programme. Teaching programmes are provided and the course structure in the programme provides effective vocational learning.

Formation (“Formazione”) . Disabled people can earn a small income while undergoing training (approximately €2,6 per hour attended).

Accompanying (“Accompagnamento”) 

During this initial period disabled people will earn pay that they are expected to spend in action to help their integration at work.

Weaknesses
Welcome (“Accoglienza”) It would be desirable for the organisations involved in this would work jointly with a network of other providers. Unfortunately, in reality the primary agencies work alone in most cases and some of the potential benefits for disabled people are lost as a result.

Vocational guidance (“Orientamento”). As with the “Welcome”, the Orientamento phase of support can be an isolated one” and there is no continuity when it is finished.

Formation (“Formazione”). In Italy it is too difficult find a work for disabled people outside of Social Firms. Italian companies think that disabled people are only a cost. It is quite difficult to overcome this way of thinking.

 
Accompanying (“Accompagnamento”). There is a tendency for the relatives of people with disabilities not to wish to invest in the future of their relative.

In conclusion, the most serious problem of the current Italian system appears to be that the open labour market is thought only to be for non-disabled people. This is too rigid and does not permit a normal professional or career development for disabled people.

The Key Points

The integration of disabled people into the ordinary labour market would be made more effective by the creation of a more effective network of support including ordinary employers, government agencies and NGOs. Disabled people experience problems in not only looking for a job but also in searching for normal integration into social life in general. It is not unusual in Italy for disabled people to be living alone, without relationships, and a support network that helped them to enter employment would offer them a strong possibility for greater quality of life.

In previous years the Italian school programme provided “Educazione Civica” (Civic Education). This taught respect for diversity and social involvement. Now civic education is no longer taught. If the Italian mentality towards social inclusion is to be changed, we must work with children because it is much more difficult to change the views of older people.

 
There needs to be more flexibility in laws and regulations, because every disabled person has a unique situation and different problems and the current rules do not permit a more individual approach to adequately satisfying people’s needs.

 
Although the law 68/99 is applicable to all types of disabled people there is no such thing as equal job opportunities among the disabled: people with physical disabilities have much more chances to find a job than people with mental health problems or intellectual disabilities. If they are at work at all, they are often in a co-operative receiving a disability pension rather than getting a real salary for their job on the open labour market.

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1. NON-DISCRIMINATION LEGISLATION

Portugal has ratified the International Labour Organisation Convention on Vocational Rehabilitation and Employment of Disabled Persons (159/1983) in 1998. More recently, it has also partially transposed the Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation, with the adoption of a new Labour Code. This Code was approved by the Law of the Assembly of the Republic n.º 99/2003 of the 27th of August, and came into force at the 1st of December 2003. Article 2 of this Law expressly says that with the approval of the Code the provisions of this Directive are implemented. The Labour Code guarantees the right of all workers to integration into the labour market. In Article 22 (1) it is stated that "all workers have the right to equal opportunities and treatment in regard with access to employment, training, job promotion and working conditions". And nº 2 of the same article determines that "no worker or job seeker shall be privileged or favoured, or discriminated against, or deprived of any right or exempted from any duty, namely by reason of ancestry, age, sex, sexual orientation, civil state, family situation, genetic patrimony, reduced working capacity, disability, chronic disease, nationality, ethnic origin, religion, ideological or political beliefs, and membership of a trade union".

2. QUOTA-OBLIGATION

In 1998, as part of their National Action Plan, Portugal introduced a 5% quota requirement on jobs in the public sector, which is arranged by decree law 29/2001. Moreover the Portuguese government proposed to implement a market quota for the private sector. The law 38/2004 foresees that enterprises should contract people with disabilities up to 2% of the total number of workers.

3. ROUTES TO EMPLOYMENT (INCLUDING SPECIAL ASSESSMENT)

People with a disability have a number of routes to employment they can follow through the Portuguese system. There are a number of schemes at people’s disposal:

 
The Pre-vocational Preparation Programme, offered through a series of State funded Centres, is intended to serve disabled adolescents of 12 years old or more who attended state or private special education institutions and are not regarded as being capable of being integrated into the normal education systems.

 
The Vocational Evaluation/Guidance Programme, again delivered through a number of schemes and centres, aims to make it possible for people with intellectual disabilities aged 15 years old or more, to take appropriate vocational decisions.

 
The linked Vocational Training Programme provides people with intellectual disabilities that are aged 15 years old or more, with the knowledge and necessary skills for achieving a vocational qualification that will hopefully allow them to find and maintain employment and to make career progress in the normal labour market.

 
The Work Rehabilitation Programme aims to give people with intellectual disabilities who have acquired a disability during their working life, the conditions and the processes to adapt, and to compensate them for their functional limitations, thus making it possible for them to perform their tasks more easily, and make use of their previous professional experience.

 
The objective of the Placement Assistance and Post- Placement Monitoring was to create a system that would improve the employability and social and occupational integration of people with intellectual disabilities, registered at the government Job Centres. As a result of this, a partnership network exists between the (public) employment centres and the (private) training centres.

 
A system has been created to support people with intellectual disabilities in Teleworking. Created through a government instrument, this initiative is intended to use the potential of information technology for the creation of new employment opportunities for people with intellectual disabilities.

 
Sheltered Employment aims at giving people with intellectual disabilities who have an average work capacity equal, or greater than one- third, of the capacity expected of non- disabled worker in the same position. It provides the person with the possibility of carrying out a paid activity, with corresponding personal and occupational enhancement, thus facilitating, to the largest possible extend, their integration into the labour market.

 
People with intellectual disabilities, like other disabled people, have an opportunity to get help in developing a Start up Company for self-employment, with significant start up funding. The initiative is part of the social employment market and aims to promote the employment of social disadvantaged groups in relation through the acquisition of a professional curriculum, providing practise in working in an organised way, and the improvement of their confidence and personal image.

4. VOCATIONAL TRAINING

The Ministry of Labour and Solidarity, through their Institute of Employment and Vocational Training, has a programme called “Constelação” that pays for the functioning (staff and infrastructure) of vocational training centres for people with intellectual disabilities. Along with the Ministry of Education, IEFP are jointly responsible for vocational preparation for young disabled people who are completing their final years of compulsory schooling and for guidance to those over 16. Non-profit bodies and public institutions are the providers of this pre-vocational preparation.

IEFP provides funding to schemes to help disabled people aged 16 years of age or over to obtain a professional qualification aimed at obtaining and retaining a job in the normal labour market. Grants can cover the expenses of recruitment and guidance of trainees, subsistence, pay and insurance of trainees, salaries of trainers and other staff and training of teaching and non-teaching technical staff. Similar financial assistance is available to host companies when training is carried out by them. In 1995 there were 498 organisations providing vocational training and two additional government run centres.

5. SUBSIDISED EMPLOYMENT

Under Decree-Law 196-A/2001 of 20th March, the Portuguese government provides a Programme of incentives to employers to make it easier for people with disabilities, particularly those with intellectual disabilities, to access employment through the systematic provision of financial support.

 
Decree- Law 247/89 of 5th August provides for payment of a Compensation benefit to compensate the employers for any reduction of productivity the disabled worker experiences, as compared to the other workers performing the same work.

 
6. SUBSIDIES TO OFFSET THE COST OF ADAPTATIONS TO THE WORKPLACE, ON-THE-JOB SUPPORT AND TRANSPORT

The Decree- Law 247/89 of 5th August also provides for payment of a number of relevant benefits to assist in the adaptation of workplaces, and to provide for personal aids:

 
Benefit for work place adaptation - this provides for the adaptation of equipment and workplaces to the functional characteristics of people with disabilities, including intellectual disabilities.

Subsidy for the elimination of architectural barrier - aimed at eliminating architectural barriers that prevent, or make more difficult, the mobility of disabled persons in accessing their place of work or in travelling to their place of work.

Subsidy for personalised treatment - a subsidy designed to compensate the employer for any additional costs involved in providing the personalised accommodations needed by disabled workers.

Integrated Award - this is an award to employers that sign non-fixed term work contracts with people with intellectual disabilities or convert fixed- term contracts into non- fixed term contracts.

Merit Award - to be awarded yearly to employers that most distinguish themselves in terms of recruiting people with intellectual disabilities and to people with intellectual disabilities who distinguish themselves in the creation of self- employment.

7. SHELTERED WORKSHOPS

Sheltered employment has three official objectives (decree law 40/1983, changed by the decree law 194/1985):

• to provide training to all disabled persons who, because of their disability, cannot be integrated into a normal working environment and whose capacity for work is not less than a third of the normal capacity required of an able-bodied worker doing the same job
• to promote transfer, wherever possible, to the ordinary employment market
• to enable the right to work, with a contract, in stable employment.

Sheltered employment is of two main kinds: special centres and enclaves. An enclave is a State authorised group of disabled persons who work together, under special conditions, in a normal working environment with access to other workers. The kinds of activities done under the heading of sheltered work traditionally includes: printing; graphic design; dairy production; bakery; woodworking and joinery; animal husbandry; electronics; textiles and fashions; domestic cleaning and gardening.

 
IEFP provide financial assistance sheltered employment in the form of loans of equipment, subsidies for premises and maintenance of equipment and loans for premises. It also pays workers under the sheltered employment scheme the difference between the amount calculated as a wage for the job, according to degree of disability and the national minimum wage, and also wages during the probation period, equal to 70 per cent of the national minimum wage.

8. SUPPORTED EMPLOYMENT

There is no legislation in the field of supported employment, there are only practical examples.

9. Commentary on Legislation, Policy, ALMPs and Funding from Providers

Respondents felt that the funding system provided in Portugal had a number of strengths:

• It allows access of people with intellectual disabilities to professional training and employment.
• It creates working posts
• It highlights for the community the problems of people with intellectual disabilities

They also highlighted weaknesses of the funding:

• Unclear criteria for the approval of support, across different regions
• The payments that State gives to agencies to ensure the development of these programmes, can often come late, with the organisation having to absorb the cost until funding is released by the State

Respondents felt that there should be some key changes in the funding system:

• Funding should not be restricted to one year only as it is now
• The financial criteria should reflect both specific of target groups of people and regional diversity in need.
• Funding should reinforce the network funds that are available in order to optimise the resources available.
• There should be more money to promote research in order to create new methodologies and new instruments within the system.
• Adjust funding provided to the real cost of the services being provided.

In terms of the service system, respondents felt there were a number of strengths:

• It allows access of people with intellectual disabilities to professional training and employment.
• It creates working posts
• It highlights for the community the problems of people with intellectual disabilities
• Services allow for the evaluation, follow- up and orientation of people in the workplace.
• Services allow training in the workplace, which gives people with intellectual disabilities a chance to adapt the job given their specific disability.

They also highlighted weaknesses of the services provided:

• The bureaucracy level is too high
• The State does not promote training that certifies the staff involved in training and employment rehabilitation.

The key change respondents wanted to see in the service system is the provision of financial support for continuous training of people with disabilities who are already active on the labour market.

Respondents also commented on the Portuguese welfare benefit system and what might need to change to help people with intellectual disabilities move into a paid job:

• The System of Social Security should have a permanent link to the Training and Employment System. These services are at different ministries, so they don´t have permanent and visible co-ordination.
• The people who are targeted to receive social benefits should be required to actively look for a job themselves. If they do not, they should lose the financial support.
• Job Centres should support transition to the labour market of the people with disabilities and should promote co-operation with Rehabilitation Institutions, to stimulate employment.
• The government should manage the receipt of social benefits more effectively, not allow beneficiaries to receive benefits improperly.
• Agreements should be established between the Social Security department and the Rehabilitation Institutions in order to promote transition to employment, which could be advantageous.

Respondents felt that the following general changes would be desirable to assist people with intellectual disability into work in Portugal:

• The adjustment of the flexibility of conditions that people with intellectual disabilities have to meet to be able to receive public services.
• Promotion of training to people with disabilities already working at the work ministry, to strengthen the workers status and help improve their career.
• Reinforce the dissemination of good practices, involving employers and union confederations.
• The establishment of quantified targets with effective political and economic strategies for helping people with intellectual disabilities get into open employment. A limited time period should be established to achieve this.
• Making available high quality information and training for all people that can facilitate the access of people with intellectual disabilities to a paid job.

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1. Non-discrimination

During the year 2003 the Dutch parliament discussed a new law on equal treatment of people with disabilities (the WGBG: Wet Gelijke Behandeling op grond van handicap of chronische ziekte). It will probably come into effect by the end of the year. The law will protect against discrimination in matters concerning work, vocational training and public transport. It is too early to tell what the impact will be.

2. Quota-obligation

Although in the past there have been attempts to put obligations on employers under a quota system, until now there are no such obligations.

3. A pathway to work (including special assessment)

Since the beginning of 2002 there are regional one-stop centres, which deal with unemployment-benefits as well as with active employment-measures (CWI: Centrum voor Werk en Inkomen - Centre for Work and Income). Any person looking for a (new) job may find information in these centres about how to apply for a job, about the jobs that are currently available, and also about the benefits one is entitled to. People with a work-disability, who need special help in finding a job will be referred to a consultant in the centre, who after a more or less thorough assessment will draw up a re-integration plan. The plan may consist of several measures such as further assessment, vocational training and/or support at the workplace (in some cases the person will be referred to sheltered employment, cf. infra). The re-integration plan has to be approved by an Insurance Agency, which also pays the benefits (UWV: Uitvoering Werknemersverzekeringen, with several branches or the Municipality for people on a subsistence benefit). The Agency will refer the person to a re-integration firm to implement the plan (organise the training, start a supported employment route, etc.). The field of re-integration is organised as a market. The Insurance Agencies tender a package of re-integration plans and the re-integration firms make a bid to carry these out. All of this is regulated in the REA-law (Wet op de RE-integratie Arbeidsgehandicapten).

4. Vocational training

When vocational training is part of a re-integration plan, it may take place in a regular institution for adult training or in the context of on-the job training, but there are also five special training centres for people with disabilities (Arbeidsintegratiecentra). They offer special assessment and training for disabled people with complex needs (including people with an intellectual disability). The market driven organisation of the re-integration field makes that disabled people with complex needs lose out and therefore the special centres intend to work together and expand their services all over the country. For people with an intellectual disability vocational training mainly takes place on the shop floor, often as step in a supported employment route (cf. infra).

5. Financial support

There are several financial incentives to stimulate the employment of people with a disability. When an employer hires a new employee with a disability the social insurance premium is reduced during a period of three years; if the employee becomes disabled while at work but the employer keeps him/her employed there is a once-only reduction. When it is not clear from the start whether a new job will be a suitable one, a disabled person may do a trial-period of up to six months while keeping the disability allowance, which is then called a re-integration allowance. When a disabled person, after the onset of a disability, accepts to do a job that is less paid than his/her previous job, a wage supplement will be paid for a maximum of four years. When the employment of a disabled person entails some loss of productivity that is not covered by premium reductions or compensated for by adaptations to the workplace, then the re-integration plan may contain an additional wage-subsidy.

6. Adaptations to the workplace and transport

The cost for special equipment to adapt a workplace may be paid out of the re-integration Fund (REA-law). The extra cost for special transport to where one works may also be met.

7. Personal Re-integration Budget (PRB)

People who become disabled at work and cannot remain with the same employer may apply for a Personal Re-integration Budget. This is a new provision that covers the costs of looking for a new job, while giving more freedom to spend the money in the most efficient way.

8. Sheltered employment - supported employment

After the initial assessment in the CWI (Centre for Work and Income) it may become clear that a person is probably (not yet) capable of working on the regular market. A new assessment by a special commission (set up by the municipality) will classify the person as either suitable for supported employment, (traditional) sheltered employment or not suitable for employment (and refer the person to a day-centre). This is organised according to the WSW-law (Wet Sociale Werkvoorziening). Most people are referred to one of the 93 sheltered employment agencies, which work on a local or regional scale, and employ about 93 000 disabled people (2002). One third of all the employees are intellectually disabled. They work either in a factory-type of sheltered workshop (internal placement) or in a regular company or organisation under the supervision and under contract with the sheltered employment agency (external placement). Most people work in internal placements (86% versus 14% in external placements), but it is not knwn how this breaks down according to the type of disability.
In a limited number of cases (910 in 2002, of which 300 people with an intellectual disability) the same amount of subsidy, which would normally pay for a sheltered workshop placement, is used for supported employment. However, although it is paid out of the WSW-budget, this is not organised by a sheltered employment agency but by a re-integration firm and the subsidy covers several interventions: personal support by the firm, workplace adaptations, wage-subsidy, etc. This form of supported employment (under the WSW-law) is only one of three types. A second type is when a re-integration plan, drawn under the REA-law, contains amongst other measures also personal support at the workplace. This form of supported employment is delivered by special (branches of) re-integration firms. It is not know how many people with an intellectual disability work in this type of supported employment. The third form is supported employment for people attending day-centres, which is often support for un-paid work in a not-for pofit organisation (there are about 15 000 people with an intellectual disability attending day-centres).

For more information (in Dutch) visit: http://www.handicap.nl

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1. NON-DISCRIMINATION LEGISLATION

In 1995, the UK Government passed the Disability Discrimination Act 1995. The Act requires business and authorities to make “reasonable accommodations” to enable disabled people to obtain paid jobs. The Act currently apply to companies of less than 15 employees. There is a Commission to oversee that this is done and apply penalties to those who do not apply the act. There is phased introduction over the next few years. Recently the provision of services has been included and must not discriminate against disabled people shopping banking or receiving government services. Making transport and buildings accessible will be implemented later. The Act defines disability who find it difficult to carry out day to day activities.

 
http://www.disability.gov.uk/dda/

2. QUOTA-OBLIGATION

Although in the past there was a law that put obligations on private sector employers under a quota system to make a percentage of their workers people with disabilities, these obligations were withdrawn because they were never really enforced and many employers gained exemptions.

3. ROUTES TO EMPLOYMENT (INCLUDING SPECIAL ASSESSMENT)

People with a disability have a number of routes they can follow through the UK system. If a person wants employment they may go to the general Job Centre Plus, where all go to seek work and access welfare benefits as job-seekers. Here they would be referred to a specialist Disability Employment Advisor. The Disability Employment Advisor will help develops a plan with them. Teams of DEAs can call on regional experts to carry out additional assessments, such as Physiotherapists, Occupational Psychologists, computer systems technician, and aids and adaptation specialists. DEAs will carry out assessments and develop an action plan with the person. They have a number of schemes at their disposal.

 
The Work Preparation Scheme is a short programme of up to 13 weeks, usually of 6 weeks, specifically for disabled people. It usually provides unpaid work experience placements and personal development activities through a support provider agency. These programmes are used to assess people best placement options and to help people build skills.

 
Job Introduction Scheme offers 6 weeks additional funding to employers and is usually used to underpin a short induction and trial period before a full contract of employment is entered into.

Access to Work Scheme - see below

 
WORKSTEP Scheme - see below.

 
New Deal For Disabled People - Job Brokers: People with disabilities can also approach a New Deal for Disabled People (NDDP) Job Broker service directly. This scheme is aimed at people claiming Incapacity Benefits. It is provided by a range of voluntary sector, public and private organisations, under contract to Job Centre Plus. The service provides intensive planning and problem solving support to help people find and get a job.

4. VOCATIONAL TRAINING

This is a group of programmes for providing training to enter work who are aged 25-63 and who are unemployed for over 6 months. The programme, called Work-Based Training for Adults, caters for people who become unemployed and need to be re-skilled. Disabled people can enter if they become unemployed.

5. SUBSIDISED EMPLOYMENT

WORKSTEP is central Government funded and aims to provide jobs for disabled people with more complex disabilities and who might progress to open (unsupported) employment. The programme offers places in 145 local authority or voluntary body factories providing services. WORKSTEP also offer Supported Placements through 200 LA and VB providers, people being placed in jobs with ordinary company “hosts”. In the past this was achieved predominantly through paying an employer a wage subsidy to employ the person with a disability, the level being set according to the person’s productivity. WORKSTEP funding now extends to providing of other supports in search of longer term progression to open employment, including funding job coaches, and company based training and mentoring. The criteria for entry to this and Remploy programmes is that:

• People meet DDA criteria for being a disabled person.
• Evidence that WORKSTEP be the most appropriate option having considered all other options.
• Be in receipt of Incapacity benefit, or Job Seekers Allowance for 6 mths or more

Funding is now outcome related for new clients depending on key milestones:

• Creation of a Development Plan - £500
• Starting a job - £250
• Payment for monthly support - £320
• Progression to unsupported mainstream job - £500
• Sustained progression (after 6 months) - £500

For existing jobs there are the same payments for progression and sustained progression, but a £396.68 monthly support payment.

6. SUBSIDIES TO OFFSET THE COST OF ADAPTATIONS TO THE WORKPLACE, ON-THE-JOB SUPPORT AND TRANSPORT

Called the Access to Work programme, this scheme works with disabled people referred from Job Centre Plus generic services for unemployed people. They are seen by a Disability Employment Advisor who develops a plan with them. If a job can be found in the community, the Access to Work programme allows funding of up to £25,000 per year on physical adaptation to workplaces, personal aids (e.g. seats, reading machines). Support on the job such as readers for blind people or job coaches, and money for transport. The fund is creative and will consider individual needs. However, job coach support is paid for face to face on the job training only (not job finding, vocational profiling) and commonly only pays for short-term transitional support at low hourly rates £12-£15 per hour. People with learning disabilities rarely use the scheme (<5%).

7. SHELTERED WORKSHOPS

Remploy is a publicly subsidised company limited by guarantee and provides 90 factories serving 6684 people, and a Remploy Interwork service for 5383 (2001) people of all disabilities. This provision is over and about the WORKSTEP Local Authority and Voluntary sector factories and supported placements. Factories carry out a wide range of functions from furniture manufacture, producing healthcare products, textiles, library & print services, household/toiletry items, packaging and contract services.

Interwork provides a wage subsidy agreed with employers based on a productivity assessment, Employees largely move from welfare benefit (excluding top-up benefits) and work over 16 hours per week to be eligible for each programme. There is a higher proportion of people with learning disabilities in the Interwork programme than in Remploy workshops.

8. SUPPORTED EMPLOYMENT

Supported employment agencies are largely funded by Local Authority Social Services money and not central Government mainstream WORKSTEP or Access to Work monies. These services would usually offer a number of key services, including vocational profiling to establish client interests and abilities; job analysis to understand the job well and create a good match with a client; on-the-job support and training; follow-on review, problem solving and career development. Data is lacking then on how many people and who are involved. In 1996 it was estimated that there were 2,000 employed in community jobs, placed through the support of 200 provider services, some as small as having 1-2 staff. At that point 96% of people in supported employment jobs were people with learning disabilities, 50% working for less than 16 hours per week, many retaining their benefits income and having small amounts of low pay. This must now be paid at minimum wage of £4.60 per hour, which must have reduced average number of hours worked for this in-benefit group to 4-5 hours per week.

 
WORKSTEP is now flexible enough to allow payments to a job coach, or to the employer for, work-based support. Access to Work schemes can also be used for on-the-job support, but for a limited periods. The expectation is that people using Access to Work will need less help than those using WORKSTEP, and people with learning disabilities use WORKSTEP proportionately more. It remains early days in the new WORKSTEP scheme, and evaluation is required to see how much job coach supported employment is being offered through WORKSTEP.

 
9. Commentary on Legislation, Policy, ALMPs and Funding from Providers

Disability Discrimination Act

Welfare Benefit issues surrounding the move to employment

New arrangements allow any person claiming welfare benefit, based on incapacity, to do some paid work without the need for approval from a doctor. They will still need to tell the office that pays them benefit, about the work before they start it. People are able to carry on receiving Incapacity Benefit or Severe Disability Allowance while doing Permitted Work without it affecting their benefit. People getting Income Support, Housing Benefit or Council Tax Benefit will have their benefit reduced if their average earnings are more than a set amount each week. They can earn of up to £20.00 a week for an unlimited period.

 
Under the new rules people who work in the community with ongoing support or supervision from a professional caseworker (employed or engaged by a public body or voluntary organisation) are not be subject to time limits. The new category is called Supported Work includes, for example, people who are in touch with a Care Coordinator or Employment Development Officer, or have had a Social Services Assessment. This is intended to help those people whose disability means that their work capacity is limited to less than 16 hours a week, but is more than the few hours covered by the £20 per week option.

 
There remain significant problem as people try to go into work. They encounter overlapping ‘withdrawal’ rates from a range of benefits they may receive. These withdrawal rates can leave some individuals little better off, no matter how much they earn, particularly for most people in residential care where the charging system effectively ensures any gains through earnings are limited to £20 no matter how many hours they might be able to work. The complexity and uncertainty of disabled people over the system has been seen to undermine their confidence in looking for and taking a job.

 
The problems are compounded by innovations that might otherwise be very helpful. For example, the introduction of a National Minimum Wage (NMW) has led to a pay rise for some users of supported employment. It has helped people who work over 16 hours a week and who have moved off of benefit. However, having to pay a NMW of £4.70 per hour and, for Permitted Work, having to pay less than £20 per week, limits many people to working for only 4 hours per week. The amount of money people can earn in a job before their benefit begins to be cut is seen to be unrealistically low. This prevents and de-motivates many service users from looking for real employment.

 
Active Labour Market Policies

Strengths
The WORKSTEP and Remploy programmes deliver stable and, in the case of Remploy, relatively well paid jobs. Although recent research shows there is some criticism of the programmes, there is significant level of satisfaction and support from disabled workers for these programmes.

 
Weaknesses
Lack of throughput from Remploy and early phase of WORKSTEP to unsubsidised jobs (7.4% Remploy and 2% old Supported Employment Programme). The social services funded supported employment provides good quality jobs, but the hours people work and the pay they get is constrained by welfare benefit rules, many choosing to work for 4 hours only and earn only £20 per week and keep their welfare benefit rather than move off of benefit and face reduced income.

Outcomes
It is worth beginning be being explicit about the kind of positive outcomes that we believe we should be aiming for. These include:

• more people successfully using paid employment to access decent paid work in across all parts of the UK;
• more people with high support needs getting work;
• increases in the disposable income of people in supported employment;
• more people getting better jobs, moving up the career ladder;
• more people enjoying the social benefits of paid employment.

The Key Points
In order to achieve these outcomes, supported employment will clearly have to be much more widely available than it is now. In a nutshell, if this is to happen:

• the link between the specialist supported employment sector and the modernised WORKSTEP Programme has to be consolidated and expanded, with the latter playing a much greater role in funding the former;
• the links between supported employment agencies and the emerging Personal Advisor system need to be enhanced, ensuring that the supported employment model of service is readily accessed through whichever form emerges as the main ‘gateway’ to employment related supports;
• the benefit and other related systems (for managing housing and personal assistance costs) will have to be reformed in ways that provide both greater security, and better incentives for people moving into work (and certainly fewer disincentives).

At the same time:

• the integrity of the model will have to be maintained and developed (services will have to become more skilled and reliable);
• the capacity of the specialist sector will have to increase dramatically over a relatively short space of time;
• existing investment will have to be further developed and expanded (or certainly maintained; there is a risk that local authority social services/social work departments will disinvest in supported employment if greater financial support comes from elsewhere).

Below we explore some of the ways these key points could be addressed.

A. Build on existing WORKSTEP Programme work

There are already examples where WORKSTEP Programme providers are offering a range of individualised support to job applicants and providers. This positive experience needs to be built on, and the good practice that already exists shared with others.

 
An important cultural change involves moving away from an assessment process which focuses on eligibility for fixed programmes, and replacing it with individualised action planning, designed to establish what support each individual needs. Thus people should be regarded as ‘employable’ when they want to work and require support.

 
There are some specific ways in which the work of some Supported Employment Programme providers can be built on to encourage a range of individualised support to job applicants and employers.

• Redefine the concept of ‘employability’ to include people who want to work and need support.
• Remove the productivity assessment and include people with greater support needs.
• Encourage full employment status by the host organisation becoming an employer, giving the employee full entitlements and opportunities for advancement. Organisations may need help to develop their competence in supporting individuals appropriately.
• Combine with other funding sources (such as health and social services) to provide long-term support to those people who need it.
• Redefine ‘progression’ to include increases in responsibility, job status, hours and wages, as well as independence. This will encourage providers to support individuals’ career development.
• Increase available funding and look for new providers who deliver the model of supported employment described here.

B. Find ways change the culture of the DWP/Job Centre Plus

The recently announced changes to develop the Workstep programme are clearly to be welcomed. However, it will take time for these changes to work through the system.

Personal Advisers, those implementing Job Centre Plus and Disability Service Teams need to be positive in identifying what work tasks people could do, what work environments would best suit them, and what it would take to support them. They will then need to work creatively to achieve these. Increased flexibility in what forms of support can be funded will help, but a shift will also be needed from assessing what people cannot do now, to what they could do with help.

 
This implies a considerable programme of training, geared to equipping the key personnel with not only the appropriate skills, but also some kind of vision of what is possible, not simply what is available. This would suggest there is scope for collaboration between the Employment Service, the specialist supported employment sector, other the key government Departments (the Department), as well as other critical players (for example the social firms movement), in the large-scale development of training materials designed to achieve this end.

 
As the Personal Advisor system develops, it seems likely that increasing this role of individualised action planning will fall to them. However, person-centred planning for people who have greater support needs can be time intensive, and it is unlikely that personal advisors with large caseloads will be able to undertake this kind of activity on any scale. This suggests that it will be important for Personal Advisors to:

• be able to contract out the task of ‘vocational profiling’ to specialist agencies who have the appropriate skills;
• have resources to pay for this service;
• be able to commission services flexibly in ways that realise the outcomes of this planning process. This implies some kind of rationalisation of the various funding streams (see below).

C. Improve transition from school to adult life

There is a need to ensure that young disabled people are encouraged and supported to move into employment when they move from school or college into adult life. The following steps will help ensure that supported employment is available as a real option to those who may require it:

• Local authority social services/social work departments should ensure that their Community Care Plans include supported employment as a serious alternative to day centre provision.
• Learning Skills Councils (who fund much of the support for 16-25 year olds, including college places and vocational training, and special needs within this) should be aware of the role supported employment can play and fund opportunities for pupils to explore employment while they are still at school.
• Supported employment agencies should be encouraged to work in schools, encouraging pupils to explore employment as an option and generating the support they will require when they leave school.
• The Department for Education and Skills should ensure that there is no conflict between the National Curriculum and encouraging disabled young people to explore employment opportunities whilst at school.

Funding for Supported Employment

Social services funding
As there is no statutory requirement for social services departments to fund employment provision, there are very different levels of funding across the country. There can be differences in eligibility, with people that need employment help not being seen as needing social services help more generally and therefore being ineligible for any other support social services fund.

It is likely that the gradual introduction of Person Centred Planning
in the UK , in line with new social policies for people with learning disabilities (Valuing People Strategy) ,with its emphasis on choice and inclusion, will add weight to the wish expressed by many people to have jobs.

European Social Fund
These forms of project funding are short term and their purposes are not to mainstream fund services. As a result many services have used these to develop and expand provision, but then struggle to find long-term, mainstream funding.

Changes to funding
Providers told us that they felt changes were needed in the way supported employment was funded. The changes they wanted to see included:

• Core funding to be made available for this specific model from government
• More flexibility on welfare benefits to enable more people to move easily from benefit to a wage without being worse off financially
• Criteria changes in eligibility to ensure that people with borderline learning disabilities as far as social services departments are concerned do not slip through the net of getting employment support because of social services assessment techniques are too rigid.
• Flexibility of funding and handover between children’s services and adult services with regards to transitions from schools to college and from training into employment.

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