EMPLOYMENT OF PEOPLE WITH DISABILITIES Slovenia PERSONS WITH

EMPLOYMENT OF PEOPLE WITH DISABILITIES Slovenia

PERSONS WITH DISABILITIES IN EU one in six EU citizens between 16 and 64 years has a long-standing health problem or disability one third of these people will not have any restrictions on the ability to work Persons with disabilities constitute a significant part of the population; therefore their social and economic integration is essential for the creation of an inclusive society and for economic success.

PARTICIPATION IN THE LABOUR MARKET – EU LEVEL 80% 70% 60% 50% People without disabilities 40% Persons with disabilities 30% 20% 10% 0% participation in the labour market employment

INTERNATIONAL LEGAL FRAMEWORK

KEY INTERNATIONAL STAKEHOLDERS United Nations International Labour Organization Council of European Union

UNITED NATIONS CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES adopted in December 2006, opened for signature in March 2007, and entered into force in May 2008. First international treaty in the area of HR in 21. century, it sets minimal standards that governmnents need to achieve in order for Pw. D really have access to personal, economic, political and social rights Article 27 – employment: To enable PWD to live independently and participate fully in all aspects of life, States Parties shall take appropriate measures to ensure to persons with disabilities access, on an equal basis with others, to… information and communications, including information and communications technologies and systems, …

WHY? Employment of PWD is considered the most important path for their participation in society In the best interest for both - the PWD as well as of the state (in ecomonic and social sense)

EU CHARTER ON FUNDAMENTAL RIGHTS The EU promotes the active inclusion and full participation of disabled people in society, in line with the EU human rights approach to disability issues. The Charter of Fundamental Rights of the EU brings together in a single document a set of fundamental rights that should be protected in the EU. The EU’s Charter of Fundamental Rights prohibits discrimination on the ground of disability and recognises the right of disabled people to integration.

EUROPEAN DISABILITY STRATEGY 2010– 20 Disability Action Plan (2003– 10). The strategy’s objectives cover eight priority areas. Accessibility: make goods and services accessible to people with disabilities and promote the market for assistive devices. Participation: ensure that people with disabilities enjoy all benefits of EU citizenship; remove barriers to equal participation in public life and leisure activities; promote the provision of quality community-based services. Equality: combat discrimination based on disability and promote equal opportunities. Employment: raise significantly the share of persons with disabilities working in the open labour market. Education and training: promote inclusive education and lifelong learning for students and pupils with disabilities. Social protection: promote decent living conditions, combat poverty and social exclusion. Health: promote equal access to health services and related facilities. External action: promote the rights of people with disabilities in the EU’s enlargement and international development programmes.

EMPLOYMENT OF PEOPLE WITH DISABILITIES IN SLOVENIA

KEY SLOVENIAN DOCUMENTS Constitution Vocational Rehabilitation and Employment of Disabled Persons Act (2004) Pension and Disability Insurance Act Occupational Health and Safety Act Employment Relationship Act Labour Market Regulation Act on the Use of Slovene Sign Language Equalisation of Opportunities for Persons with Disabilities Act Decree establishing the employment quota for persons with disabilities

SLOVENIA – FACTS (2016) SLOVENIA Total PWD Share Population 2 millions 170. 000 8% Employed 830. 000 33. 000 4% Unemployed 99. 600 15. 800 16%

NUBMER OF NEWLY EMPLOYED PWD’S PER YEAR 4000 3500 3000 Število 2500 2000 1500 1000 500 0 Series 1 2008 1776 2009 1629 2010 1618 2011 2107 2012 2694 2013 2938 2014 2929 2015 2817 2016 3375

Number of unemployed Pw. D’s, registered at the employment service of Slovenia 18000 17500 17000 Število 16500 16000 15500 15000 14500 Series 1 2014 17646 2015 16797 2016 15836

VOCATIONAL REHABILITATION AND EMPLOYMENT OF DISABLED PERSONS ACT ü ü ü Vocational / employment rehabilitation (focused on unemployed Pw. D’s) Quota system Incentives for employing persons with disabilities: v Wage subsidies v Adaptation of workplaces v Exemption from paying contributions v Bonuses for exceeding quota Social economy Social inclusion programmes GOAL: TO RAISE EMPLOYMENT LEVEL OF Pw. D’s!

QUOTA SYSTEM Employers employing at least 20 employees must ensure that certain proportion of the total number of their employees are disabled employees. EXCEPTIONS: ü Foreign embassies and consulates ü Sheltered companies (MERCATOR IP), Employment centres The quota may not be lower than 2% and not higher than 6%. The quota may differ with respect to the standard activity the employer is involved in.

THE FULFILMENT OF THE QUOTA ü To employs enough Pw. D’s ü To conclude a contract on business co-operation with an employment centre or a sheltered company if the employer does not fulfill the quota ü Employer who does not fulfill the quota has to pay into the Fund for promoting the employment of Pw. D’s a contribution amounting to 70% (app. 550 €) of the minimum salary per month for each PWD’ the employer should employ to fulfill the prescribed quota

QUOTA OBLIGATION (2014) REPORT 4. 700 employers are obliged to employ Pw. D’s: 1. 395 employers fulfill their obligation (30%) 1. 341 employed more than their obligation (29 %) 1. 966 employers do not employ enough Pw. D’s (41%). 27% of them choose substitutional fulfilment of the quota. App. 1. 400 employers have to pay tax to the fund (it is just app. 1, 2% of all employers) (app. 20 mio eur per year) 3. 754 employers under 20 employed persons employ Pw. D’s and their receive financial bonuses.

TYPES OF FINANCIAL INCENTIVES ü ü ü ü salary subsidies for Pw. D’s, payment of the costs involved in adapting posts and work resources for the work, payment of costs in supported employment, exemption from contributions for pension and disability insurance, rewards for exceeding the quota (app. 200 € per month per Pw. D’s over quota), annual rewards to employers for good practice in employing PWD’s other incentives

SOCIAL ECONOMY ü Companies for Pw. D’s – sheltered companies ü Employment centers ü Day centers

COMPANIES FOR PWD’S

SHELTERED COMPANIES ü ü Companies employing Pw. D’s are known also in other European countries in the framework of "social economy" or "social enterprises". According to some studies at least 10% of all employees in the European Union are employed in the field of social economy.

ü In Slovenia such companies employ over one fifth of all Pw. D’s in the labour market… ü By nature and function they represent a form of social economy, providing one of opportunities for employment of larger numbers of Pw. D’s. ü Companies for Pw. D’s operate on the basis of the enterprise strategy and market principles and they receive various forms of economic relief due to their social role.

ü ü ü In Slovenia companies for Pw. D’s have a tradition of almost six decades. First companies were established in 1950 s and their status was originally determined in the Act Regulating the Training and Employment of Disabled Persons which stipulated their renaming into disability workshops. That form was preserved until 1988 when disability workshops were transformed into companies employing disabled people on the basis of the new Companies Act.

ü ü In 2004 Slovenia adopted the Vocational Rehabilitation and Employment of Disabled Persons Act which regulated in detail the conditions and manner of operating and granting of their status The legal conditions for granting and maintaining the status of a company for Pw. D’s are: the entity must be organised and function as a company limited by shares (limited liability company, public limited company or limited partnership with share capital); Ø throughout the financial year the entity must employ on average at least 40% of disabled persons in the total workforce which must have at least 5 workers. Ø employ and train disabled people who cannot find or keep employment in the open labour market due to their disability since the employer can not provide appropriate working conditions for them; Ø employ at least one competent expert if it trains and employs more than three Pw. D’s, or one competent expert per every 20 employed Pw. D’s Ø

STATE SUPPORT According to Vocational Rehabilitation and Employment of Disabled Persons Act they are eligible to: ü ü Employees with disabilities in company for Pw. D’s are elegible to receive monthly wage subsidy from 5% to 30% of minimum wage; On the basis of the Pension and Disability Insurance Act, Health Care and Health Insurance Act and Parental Protection and Family Benefits Act, companies do not pay social contributions for pension, health and parental insurance for all employees with disabilities or for all employees (it depends on the proportion of employed Pw. D’s) They have to spend money according to EU regulation on the state aid. Zagreb, February, 2017

Year Number of sheltered companies Number of employees with disabilities Number of all employees The share of Pw. D’s among all employees 2014 141 5323 2015 145 5398 10. 565 50, 4% 10. 707 50, 4% 2016 145 The decision on granting the status of a company employing disabled people is issued by the minister responsible for disability policy.

EMPLOYMENT CENTRES

ü ü ü An employment centre is a legal person founded with the aim of employing Pw. D’s exclusively in sheltered posts, which fulfils the personnel, organisational, technical and other conditions laid down by the minister responsible for disability policy. Employment contracts, salaries, etc… Centres are entitled to: Employees with disabilities in centres are elegible to receive monthly wage subsidy from 30% to 70% of minimum wage; ü On the basis of the Pension and Disability Insurance Act, Health Care and Health Insurance Act and Parental Protection and Family Benefits Act, companies do not pay social contributions for pension, health and parental insurance for all employees; ü They need to have at least 5 employees; Pw. D’s in sheltered employment is financed by the ministry in the amount of 3600 EUR per month. For each additional disabled employee at a sheltered workplace financing increased by 5% per month. ü

EMPLOYMENT CENTRES Currently, 50 centres on the list Wide range of activities: Photocopy service, website management Cleaning services Simple maintantance jobs Assembling, packaging … ü ü ü

EMPLOYMENT AND REHABILITATION CENTRE KORAK: CASE STUDY Established in 2012, employs persons with reduced working capacity currently employs 9 people with disabilities in sheltered employment under conditions defined by law The Employment center was created to meet the employment needs of the individuals who successfully completed the rehabilitation process at the Center KORAK. The main objective of the Center is to provide gainful employment for individuals with disabilities who have 3070 % of working capasity left. Center provides for them sheltered work places with continuous professional support.

EXAMPLE OF COLABORATION: ELEKTRO GORENJSKA (ELECTRICAL DISTRIBUTION COMPANY) Employment centre makes: Wooden toys for gifts for children of employees (Santa Claus) New Year's gifts for business partners and employees Greeting cards for birthdays of employees New Year greeting cards Greeting cards for childbirth of employees In addition: They also do landskaping at the office building, as well as of some holiday facilities.

EMPLOYMENT AND TRAINING CENTRE ŽELVA: CASE STUDY http: //www. zelva. si/

EMPLOYMENT CENTRE GRUNT: CASE STUDY a social enterprise in the countryside, established in 2014 with the goal to employ people with disabilities in agriculture Currently they employ five people with disabilities that are working on the farm with the cooperation of two mentors and an expert in training and employing people with disabilities. main activity: manufacturing of dairy products and other home-made products from the production on the farm, maintaining the stables, working in the fields, etc. http: //grunt-sop. si

TO CONCLUDE… Slovenia has a modern disability policy which is comparable to similar policies in developed European countries. In spite of the adopted programmes and legislation, persons with disabilities are still subject to discrimination in some areas and much still needs to be done to assure equal opportunities and prevent disability-based discrimination. We need to continue to pay attention to further improvement of employment opportunities for persons with disabilities, improved accessibility of the built environment and information, possibilities for their independent life outside institutions, the provision of personal assistance programmes, high quality technical aids, etc.