Legal context of employment of disabled people in Slovenia

1. Legal context of employment of disabled people in Slovenia Natasa Mauko Slovenian Association of Disabled Students

2. Act on the Employment Rehabilitation and Employment of the Disabled • Decree establishing employment quota for disabled persons • Action Programme for disabled people

3. ACT ON THE EMPLOYMENT REHABILITATION AND EMPLOYMENT OF THE DISABLED • The purpose • to increase the employability of the disabled and to establish suitable conditions for equal participation of the disabled on the labour market by removing obstacles and creating equal opportunities

4. Disabled person • person who has acquired the status of a disabled person in line with this Act or pursuant to other regulations, and a person in relation to whom a competent authority has, by means of a decision, ascertained permanent consequences of a physical or mental disability or illness and who, as a consequence, has a smaller chance of getting employment or maintaining employment or of being promoted

5. Prohibition of discrimination Direct and indirect discrimination in employment of the disabled is prohibited, both during the duration of employment and in relation to the termination of employment, as well as during procedures pursuant to this Act

6. Procedure of invoking rights • Provisions of the Act governing the general administrative procedure shall be used when specific issues are not regulated differently by this Act • Claims, decisions and appeals shall be free of tax

7. Right to employment rehabilitation • Employment rehabilitation encompasses services carried out with the aim of training the disabled for appropriate work, of helping them to obtain and retain employment and to progress within it, or to change career • When they do not have a right to equal services in line with other regulations • Includes many service such as counseling, encouraging and motivating, training, monitoring etc.

8. a public service by a network of employment rehabilitation providers • financed from the budget of the Republic of Slovenia when a disabled person has been referred by the Service • Rehabilitation plan • A rehabilitation counselor, together with the disabled person, draws up a rehabilitation plan based on the opinion of the rehabilitation committee, defining the type, range, manner and duration of the employment rehabilitation services provided

9. Following the completed employment rehabilitation, the Service draws up an assessment of the disabled person’s employment possibilities on the basis of monthly reports and the final evaluation by the employment rehabilitation provider • The assessment must, above all, give a clear indication of whether the disabled person is employable in a normal workplace, in supported or in sheltered employment, and for which posts the person is qualified, as well as what support services and adjustments to the post will be needed

10. Social inclusion programmes are social programmes intended to support and maintain the ability of the disabled to work. These programmes include the disabled who are not employable due to their disability

11. Employment of the disabled • normal workplaces • sheltered employment • employment centres • supported employment • companies for disabled persons

12. Employmentcentres • legal person founded with the aim of employing the disabled exclusively in sheltered posts

13. Sheltered employment • employment of a disabled person in a post and working environment adapted to the ability to work and the needs of the disabled person who is not employable in a regular post

14. Supportedemployment • employment of a disabled person in a post within a normal working environment, but with professional and technical support for the disabled person, the employer and the working environment

15. Companiesfor disabled persons • the status of a company for disabled persons is granted to a company by means of a decision by the minister responsible for the welfare of the disabled, after obtaining prior consent from the Government of the Republic of Slovenia

16. Regular termination • An employer can not terminate an employment contract with a disabled person, in the usual manner because of inability or failure to achieve the expected results at work, when that failure is due to disability.

17. The quota system for the employment of the disabled • Duty to employ the disabled • Employers employing at least 20 employees, with the exception of foreign embassies and consulates, companies for disabled persons and employment centres, must ensure that a certain proportion of the total number of their employees are disabled employees

18. Determined by the Government of the Republic of Slovenia by means of a regulation, following a proposal by the Economic Social Council. The quota may differ with respect to the activity the employer is involved in, but may not be lower than 2% and not higher than 6% of the total number of employees

19. employer who does not fulfill the quota must each month when paying out salaries, calculate and pay into the Fund a contribution amounting to 70% of the minimum salary for each disabled person the employer should employ towards the promotion of the employment of the disabled in order to fulfill the prescribed quota

20. Incentives for the employment of the disabled • salary subsidies for the disabled, • payment of the costs involved in adapting posts and work resources for the work of the disabled, • payment of costs in supported employment, • exemption from contributions for pension and disability insurance of the disabled in employment, • rewards for exceeding the quota, • annual rewards to employers for good practice in employing the disabled and • other

21. Case Example • 17 employees • 6 disabled employees • rewards for exceeding the quota • reward for employment of young graduate, this being his first employment • less then 20 employees and exceeding the quota - exemption from contributions for pension and disability insurance

22. The fund for promoting the employment of the disabled • The Fund is a public financial fund, founded on behalf of the Republic of Slovenia by the Government with the aim of promoting the employment of the disabled in line with the Act and of preserving employment for the disabled

23. Penal provisions for non-payment of contributions in connection with the quota, violations in labour law and employment etc.

24. Goal 5 refers to employment TO ENSURE ACCESS TO WORK AND EMPLOYMENT OF DISABLED PEOPLE IN THE ENVIRONMENT WHICH IS OPEN, INCLUSIVE AND ACCESSIBLE TO DISABLED PEOPLE

25. Goals • increase the number of disabled people as active citizens and reduce social transfers • to ensure that disabled people obtain a profession and employment, retain or get promoted in that employment or change their career • ensure working and living conditions which reduce risks of obtaining a disability • providing adequate support, services, adjustments, access and technical solutions which enable disabled people to do the job

26. Measures • to see that the law and EU directive are fully implemented • to improve knowledge and capacities of professionals in the field of employment and rehabilitation of disabled people • make rehabilitation, training and work experience available to all disabled people

27. enable flexibility of transition between employment and social benefits • enable part time work and part time retirement to those who have not yet been employed • training and awareness raising programmes for employers • providing expert support and stimulation for employers