Employing Special Needs people
National and local obligations
Each EU Member State counts on specific laws on employing special needs and disabled people. Here below the principles included in the laws of the 5 partner Countries of the Pacetraining project are presented.
Companies employing an average of 20 stable workers a year, are required to reserve at least five percent of their positions to severely disabled people (§ 71 (1) SGB IX). For each unoccupied work position, a sum spanning between 105 and 260 euros is to be paid per month.
The amount depends on the size of the company and the degree of fulfilment of the employment rate. For small businesses, special rules apply. By 31 March each year, employers must report to the Federal Employment Agency whether they have adequately fulfilled their employment obligations.
Art.1 of the Law 68/99 states, “The present law aims at promoting the inclusion and the working integration of the disabled people in the labor market through supportive and targeted employment services”. The Law 68/99 states that the public and private organisations employing more than 15 employees are legally bound to hire workers enrolled in special lists managed by the Job center (namely disabled people and special need ones). Moreover, article 18 of Law 68/99 provides for a system of shares for the organisations hiring more than 50 workers, requiring them to employ some disabled people according to the number of the hired workers. Such share is 7% for corporations exceeding 50 employees; 2 disabled people for organization of 35 up to 50 employees and 1 disabled person for organization of 15 up to 35 employees.
The obligation is restricted to the new employments only for the organization having less than 15 workers. Law 68/99 provides also for incentives and tax allowances for the corporations hiring disabled people, and above all a set of policies targeting to labor market inclusion of disabled people.
Corporations that are not caught in compliance with the legal obligations are punished with administrative sanctions, decided by the “direzioni provinciali del lavoro”.
In order to facilitate the labour market inclusion of disabled people, the Spanish Constitution established Law 13/1982 which provides a set of mechanisms, such as the obligation of having 2% of disabled people among their staff for companies with more than 50 workers and the availability of special employment centres where people with disabilities are employed.
Moreover, Article 15.d) of Law 31/1995, titled “Prevention of Occupational Risks” , establishes the principle of adjusting the work spot to the individual employee. Such principle states an obligation for the employer and a right for the worker, the adapt the work post the personal circumstances of the worker.
The Finnish law does not recognize any obligation for Finnish enterprises to employ disabled – there is no quota system as in many other European countries. However, nowadays Corporate Social Responsibility is seen beneficial to the brand of the enterprise.
Companies are entitled to provide a CSR report that can promote and enhance their public image.
Although a specific legal basis does not exist in Latvia The Ministry of Welfare is considering (2018) the possibility to create a quota based system targeting the employment of people with disabilities.
It is planned that, initially, the system could be extended to both public bodies and enterprises, but a precise proposal has yet to be discussed.