Sheltered workshop and sheltered workplace as form of social assistance for citizens with severe disabilities in Slovakia and Poland
INTRODUCTION
The occurrence and existence of disability represents a social event that fundamentally affects the life of every person. The impact of this situation falls on persons with disabilities, their families, and society. In the Slovak Republic, several legal norms are in force that deal with disability-related matters; for our paper we used Act no. 5/2004 Z. z. on Employment Services and on the amendment and supplementation of some laws (SR) and the law on vocational and social rehabilitation and employment of persons with disabilities in PL ( ustawa z dnia 27 sierpnia 1997 r. o rehabilitacji zawodowej i społecznej oraz zatrudnianiu osób niepełnosprawnych). Each of these laws has its subject, defines basic concepts, and also deals with assessing disability, its consequences, compensation, employment, and respect for human rights. According to Repková (1999), regarding the term disability we talk about difficulties, problems, insurmountable obstacles, misunderstanding by the environment, or we assess (mostly negatively) the scope of benefits, supports, or assistance that the state provides to people with disabilities and their families.
1 SUPPORTING EMPLOYMENT OF CITIZENS WITH DISABILITIES
According to authors Frankovský and Ištvániková1, employment is a space in which people can build a lot of new contacts and meet other people. They create formal and informal relationships, thereby gaining different social experience than in the family or among friends in their free time. Social integration at work is a significant determinant of psychological well-being and health.
Employment is thus an important factor in the socialization of a person during their economically active years. Under § 8, point h of the law on employment services (SR), a citizen with disability is considered a disadvantaged job seeker. From a legislative perspective, the concept of disability is defined in individual legal acts and legal norms. Under the law of the NR SR No. 447/2008 Z.z. on cash benefits for compensation of severe disability and on the amendment and supplementation of certain laws, a natural person with severe disability is considered a natural person whose degree of functional impairment is at least 50%. Functional impairment under Act No. 447/2008 Z.z. on cash compensation means a deficiency of physical, sensory, as well as mental abilities of a person that, in terms of the expected development of disability, will last longer than twelve months. As a result of the impairment, limitations in carrying out some activities may occur or it may lead to disadvantage in everyday life.
In PL, according to the law, in Chapter 2, Declaration on Disability, Article 3 - Degrees of Disability, three levels of disability are set: significant, moderate, and light. Significant disability includes a person suffering an impairment of physical fitness: is not able to enter employment; is able to work in a sheltered workshop or in a vocational activation institution requiring permanent or long-term care or help of another person needed for carrying out social tasks due to a severely limited possibility of independent existence. Moderate disability concerns a person with impaired bodily ability to perform employment at the workplace, adapted to needs and opportunities arising from the disability, requiring partial or regular help from another person so they can perform social tasks because of limited possibility of independent existence.
2 SHELTERED WORKSHOP AND SHELTERED WORKPLACE
2.1 Sheltered workshop and sheltered workplace in Slovakia
Under § 55 of Act No. 5/2004 Z. z. on Employment Services (SR), a sheltered workshop and sheltered workplace are workplaces established by a legal person or a natural person, where citizens with disabilities are employed in an employment relationship who are not capable of finding employment on the open labour market, or workplaces where citizens with disabilities are being trained or prepared for work, and where working conditions, including demands on work performance, are adapted to the health condition of citizens with disabilities. A sheltered workshop is considered a workplace where a legal person or natural person establishes more than one workplace for a citizen with disability and where at least 50% of the workforce are citizens with disabilities. A sheltered workplace is considered a workplace where a legal person or natural person establishes a workplace for a citizen with disability and the workplace is not created in a sheltered workshop. A sheltered workplace is also considered a workplace where a citizen with disability runs independent gainful activity. A sheltered workplace can also be set up in the home of a citizen with disability and is intended mainly for the labour placement of citizens with disabilities for whom an employer cannot provide suitable employment at other workplaces. In a sheltered workshop or sheltered workplace, citizens who are being provided for obtaining professional skills or preparing for labour participation, and employees who are not temporarily able to perform their previous employment due to health risk can also work, if the employer has no other suitable employment for them.
A legal person or natural person can apply in writing for recognition of the status of sheltered workshop or sheltered workplace to the office in whose territorial district it establishes a workplace for a citizen with disability. Part of the application for recognition of the status is a description of the work activity, workplace and its location, working conditions, and proof of rental of premises if the legal or natural person is not the owner of the premises.
The office grants the status of sheltered workshop or sheltered workplace for an indefinite period. The office will revoke the granted status of a sheltered workshop or sheltered workplace if the legal or natural person that established the sheltered workshop or sheltered workplace does not meet the conditions under this law. On the basis of written application of the legal or natural person that established a sheltered workshop or sheltered workplace, the office shall revoke, change, or suspend the granted status of a sheltered workshop or sheltered workplace, revoke a suspension of the granted status before the expiration of the period for which it was suspended, or issue a duplicate document confirming the granted status of a sheltered workshop or sheltered workplace. The office issues a duplicate of the document for granted status of a sheltered workshop or sheltered workplace in case of its loss, theft, or damage. The granted status of a sheltered workshop or sheltered workplace ceases on the day when the legal or natural person is granted the status of an integration enterprise. The office does not grant the status of sheltered workshop or sheltered workplace to a legal or natural person that is an integration enterprise.
A legal person or natural person that has been granted the status of sheltered workshop or sheltered workplace is obliged to: a) employ at least 50% of citizens with disabilities in a sheltered workshop during the period for which status is granted, b) keep separate records of costs, outputs, and economic results of the sheltered workshop or sheltered workplace, c) notify the office of any change related to the granted status of a sheltered workshop or sheltered workplace no later than 30 calendar days from the date the change was made, d) notify the office of a change of seat of the sheltered workshop or sheltered workplace no later than 30 calendar days before the planned change is implemented.
Contribution for setting up a sheltered workshop or sheltered workplace The Labour Office may provide a contribution for establishing a sheltered workshop or sheltered workplace to an employer who hires a job applicant in employment who is a citizen with disability, registered in the register of jobseekers for at least one month, if the employer requests the contribution in writing. The contribution is paid to cover part of the costs of setting up a workplace for a citizen with disability in a sheltered workshop or sheltered workplace. The costs of setting up a workplace are defined as costs that are necessary to secure performance of the professional activity of a citizen with disability and relate to establishing this workplace. The amount of contribution for one established workplace in a sheltered workshop or sheltered workplace is: a) in the Bratislava region up to 4-times the total labour cost under § 49(4) calculated from the average employee wage in the Slovak economy for the first to third quarter of the calendar year preceding the calendar year in which the contribution is provided, b) in other regions: 1. in districts with an average registered unemployment rate lower than or equal to the national average in the calendar year preceding the calendar year in which the contribution is provided, up to 4,8-times the total labour cost under § 49(4) calculated from the average employee wage in the Slovak economy for the first to third quarter of the calendar year preceding the calendar year in which the contribution is provided. 2. in districts with an average registered unemployment rate higher than the national average in the calendar year preceding the calendar year in which the contribution is provided, up to 5,2-times the total labour cost under § 49(4) calculated from the average employee wage in the Slovak economy for the first to third quarter of the calendar year preceding the calendar year in which the contribution is provided.
The annual amount of the contribution paid by the office in whose district the sheltered workshop or sheltered workplace is established is in 2018: • 2,5-times the total labour cost under § 49(4) of the Employment Services Act calculated from the average employee wage in the Slovak economy for the first to third quarter of the calendar year preceding the calendar year in which the contribution is paid, for one citizen with disability performing work in the range of the set weekly working time, i.e., in 2018 the contribution amount is 3 126,47 € • 5-times the total labour cost under § 49(4) of the Employment Services Act calculated from the average employee wage in the Slovak economy for the first to third quarter of the calendar year preceding the calendar year in which the contribution is paid, for one citizen with disability who has a long-term unfavorable health condition with a decline in ability to perform gainful activity greater than 70%, performing work in the set weekly working time range, i.e., in 2018 the contribution amount is 6 252,95 €2.
If the extent of weekly working time is lower than the set weekly working time, the contribution is paid in proportionate part of the amount.
Workplaces on which the establishment received contribution can be filled only by job seekers who are citizens with disabilities. These workplaces can be filled by other citizens with disabilities only if they are temporarily vacant and only with prior approval of the office, for no more than nine calendar months. An employer who received the contribution is obliged to keep the established workplace in a sheltered workshop or sheltered workplace for at least two years. An employer that failed to fulfill the obligation in the first sentence is required to return to the office the proportionate part of the contributed amount corresponding to the period during which the workplace did not employ a citizen with disability.
In SR3 there were registered 7 245 protected workshops and sheltered workplaces on 31.12.2015, 6 033 on 31.12.2016, 6 231 on 31.12.2017, and 6 297 on 30.06.2018.
According to Chapter 6, Sheltered Workshops and Workplaces (Zakłady pracy chronionej i zakłady aktywności zawodowej), Article 28 states that an employer has been conducting business activity for at least 12 months, employs at least 20 employees on a full-time basis, and obtained the status of employer operating a sheltered workshop if: 1) the rate of employment of persons with disabilities is: a) at least 40%, with at least 10% of the total number of employees classified with severe or moderately severe disability, or b) at least 30% persons who are blind, mentally ill, or mentally disabled and classified with severe or moderately severe disability.
The provincial office issues a decision granting the status of sheltered or vocational activity workplace. This decision is issued for three years. It also decides on loss of the granted status of sheltered workplace or on establishment of vocational activity in case conditions and obligations under Articles 28 and 33(1) and (3) of the law are not fulfilled.
The operator of a sheltered workshop or vocational activity institution is obliged to: 1) report any change relating to fulfilment of the conditions and obligations referred to in Articles 28 and 33(1) and (3) within 14 days from the day of change, and provide half-yearly information on meeting these conditions.
The operator of a sheltered workshop or vocational activity institution is exempt: a) from taxes, b) from VAT on the basis of rules in special regulations.
The operator of a sheltered workshop may be exempt from contributions to the State Fund for the Rehabilitation of Persons with Disabilities in the manner set out in Article 49 even if funds from the rehabilitation fund for enterprises employing disabled persons are insufficient to finance the contribution referred to in Article 25(3)(2).
Contribution for setting up a sheltered workshop or sheltered workplace The operator of a sheltered workshop can obtain from the State Rehabilitation Fund for Persons with Disabilities for this institution mainly: 1) co-financing up to 50% of the interest rate from concluded bank loans, 2) a loan for investment purposes, modernization, or restructuring of the enterprise — with the option of repurchase — up to 50%, 3) co-financing or payment of remuneration for persons with disabilities diagnosed with mental illness, intellectual disability, or epilepsy in the amount of 75% of the minimum wage, 4) reimbursement of costs of education of persons with disabilities in connection with the need to change the production profile, 5) co-financing to preserve existing positions in the enterprise.
The operator of a sheltered workshop establishes a rehabilitation fund for persons with disabilities. The revenues of the rehabilitation fund are mainly financial resources, grants and subventions, subscription income, and donations. The resources of the rehabilitation fund are allocated for financing vocational, social, and therapeutic rehabilitation, as well as insurance for persons with disabilities, in accordance with rules for using these funds. Employers operating a sheltered workshop may, according to law, collect up to 10% of the rehabilitation fund resources for carrying out joint tasks.
In the year 2 000, 351 690 sheltered workshops were established in PL for 205 595 persons with disabilities. In June 2018 total employment was 153 4304 persons, including 120 157 persons with disabilities, 29 084 with specific disease, 91 073 without specific illnesses, and 9 679 with severe disability.
CONCLUSION
Employment of persons with disabilities is a priority in all developed countries at national level. In our paper we selected a comparison between the SR and PL, where we processed only conditions (selected support measures) for establishing a sheltered workshop and sheltered workplace, vocational activity facility. In PL, among the tasks of the labour office are in particular: development of assistance programmes for carrying out tasks for employing persons with disabilities; creation of jobs and counseling for persons with disabilities (professional preparation and retraining); creation of a specialized training programme (medical and social rehabilitation); cooperation with pension institutions; cooperation with state administrative bodies and local government bodies, NGOs and foundations in the field of employment and vocational rehabilitation of persons with disabilities; cooperation with the labour inspectorate in assessing and controlling workplaces of persons with disabilities.
In Slovakia, UPSVaR may provide a contribution for setting up a sheltered workshop or sheltered workplace; it may provide a contribution to retain a citizen with disability in employment; it may provide a contribution to a citizen with disability for independent gainful activity; it creates conditions for the Supported Employment Agency, where for the purposes of the Employment Services Act, a legal or natural person provides services to citizens with disabilities; it provides a contribution upon written request to an employer who employs a citizen with disability, or to a self-employed person who is a citizen with disability, for workplace assistant activity; it provides an employer employing citizens with disabilities in a sheltered workshop or sheltered workplace, or an independently self-employed person who is a citizen with disability and operates independent gainful activity at sheltered workplace, a contribution for covering operating costs of the sheltered workshop or sheltered workplace and for employee transport costs.
From the comparison it is clear that in PL there are more activities (support measures) within the active tool of employment policy so that citizens with disabilities are employed, for example, it supports various programs focused on assistance. In SR such programs are not present, and space is created for employment of a work assistant. In the PL law it is precisely defined what all a sheltered workshop operator is entitled to. In SR it is stated that the UP may provide; from this it is clearly apparent that if a specific UP has exhausted financial funds for establishing a sheltered workshop in that year it does not provide further support.
In PL it is interesting for an employer who employs a person with disability for at least 54 months: travel costs and reimbursements up to twenty-five times the average remuneration for each position that arose in connection with: organizing a new workplace or adapting an existing workplace to the needs of people with disabilities; remuneration of persons with disabilities for 18 months.
Authors: Doc. PhDr. Irena Kamanová, PhD. MHA. prof. nadzw. dr hab. Ewa Kucharska
References
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