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Introduction

Medicine development  and new technological possibilities allow disabled people to be independent and to function in society including labor market. The issue of inclusion the disabled in the job market, is the issue of many research and government organizations. In Poland, this problem had drawn attention during the process of equaling financial benefits of disabled employees.  Extra effort that is made to encourage employers to hire disabled employees, is the result of the government’s  willingness to make the retiring age higher as well as the fact that the health condition of an average polish citizen is deteriorating. The role of the state is, not only to create the mechanism that will encourage employers to hire people with disabilities, but also to raise awareness about the fact that such people can be valuable and efficient employees.

The topic of people with disabilities is the matter of concern in the whole European Union, and every belonging country has its own system of hiring them. The analysis of solutions used in other countries  may be beneficial in judging the ones used in Poland. It may also be the source of inspiration for changes in polish solutions or a way to improve the ones already used. Herby I present the contrastive analysis of  the solution used in three countries of European Union : Poland, France and Germany.

Disability – definition and system of jurisprudence.

France

In France the act of parliament concerning disabled people, including the matters of employment,  is the act from 11.02.05. According to that act “ the term disability describes any movement  restriction or restriction of the life involvement that one experience in his/her environment as a result of  acute temporary or permanent health deterioration of one or many physical, mental, cognitive, psychical or sensory function. That are the result of group of disabilities or a health disorders  that cause disabilities.”

The definition of disability is similar to the definition of ICF. The similarity is based on integral perception of disabilities both in medical terms and social limitations.  Thus, while stating about disability three areas of life are taken into consideration :

-          Dysfunction- concerns loss, impairment or  deterioration  of body part, psychological or physiological function or body autonomy.

-          Disability – impairment that is a result of whole or partial dysfunction of the abilities to perform activities considered normal for a person.

-           Restriction – a result of interaction between a  disabled person and her/his environment  as a part of  social roles that are adequate for gender, age and cultural and social factors.

Moreover, in French certification 4 degrees of disability are enumerated:

-          Mild degree of disability ( 1%-15%)

-          Medium degree of disability ( 20%-45%)

-           Grave  degree of disability ( 50%-75%)

-          Severe degree of disability  (80%-95%)

The above mentioned degrees of disability are established in agreement with the Table Guide constituting annex of the Social Family Code.  The table guide is used to evaluate the type and degree of dysfunction and disability of people with disabilities. The document consists of eight chapters, every chapter is devoted to one kind of dysfunction. The chapters are :

-          Intellectual dysfunctions and difficulties with behavior

-          Psychical dysfunctions

-          Hearing dysfunctions

-          Speech and communication dysfunctions

-          Visual dysfunctions

-          Internal and general organs dysfunctions

-          Movement dysfunctions

-          Esthetic dysfunctions

In France institution constituting about  the degree of disability is the Commission about Law and Autonomy of Disabled People ((fr. Les Commissions des droits et de l'autonomie des personnes handicapées - CDAPH)  that is situated in the Departments of Disabled People (fr. Les MaisonsDépartementales des Personnes Handicapées - MDPH). The decision about disability  may be issued at the request of :

-          Disabled person

-          Parents of disabled person

-          People who have right to decide about disabled person

-          People providing for the disabled person

-          Official, social worker or  medical-social worker  that supervise disabled person

The proper form can be submitted  in the place of living, treating, therapy or reeducation of a disabled person.  The first step of constituting is the analysis of the send documents. Next step is the conversation with the disabled person. The opinion is given on the basis of analysis of the given documents and medical examinations. The opinion includes information about the degree and kind of disability and dysfunctions of the person.

Germany

In Germany the definition of disability is based on the §3  of act about the Equal Chances of People with Disabilities (Behindertengleichstellungsgesetz – BGG) according to German legalization  disabled people are the ones whose body functions, mental abilities or mental health are off the norms that are appropriate according to the age in a period of at least 6 months, restricting the life in society.  

The procedure of constituting about disability is the same in the whole country. To get the decision, the disabled person issues an application to the Healthcare Office (Versorgungsamt) that functions in Federal Office for the Health and Social issues. After formal judgment of the given documents the date of medical examination is given. As a result of examination interdisciplinary team of doctors describes the health state of disabled person in detailed manner. On the basis of this decision the doctor decides about the further treatment and the ability of the person to work in the future ( that is weather it will improve, deteriorate or remain the same). What is more, the doctor prepares individual program of job training and enumerates the ways of help in order to maintain or find the job.

In Germany the level of disability is rated on a scale from 20 to 100 points, at the same time 50 points means severe disability. In individual cases, people who reached between 30 and 50 points may be included to the severe disability category.  It includes people who cannot find job on a labor market. The degree of disability is stated according to the table included in Medical Supply Regulation Versorgungsmedizin-Verordnung – VersMedV). People with severe disabilities are given special ID cards that allow them to certain  benefits.

There is possible appeal from the decision, also people which health condition changed are reacquired to file another application in order to change the opinion.

Poland

From couple of years Poland is trying to introduce International  Classification of Functioning, Disability and Health (Międzynarodowej Klasyfikacji Funkcjonowania, Niepełnosprawności i Zdrowia). Institution that is responsible for introduction of this solution is Center for Health Information Systems  (Centrum Systemów Informacyjnych Ochrony Zdrowia ). Till now ( that is till 2014) the Center as a way of introducing ICF, issued the polish translation of ICF classification that was approved by World Health Organization. It also organized a couple of conferences.

Nowadays, there is a number of definitions concerning disability in Poland. The first one is formulated in art. 1 in Convention on the Rights of Persons with Disabilities ratified 06.09.12 by the president of Poland. According to this convention : “ Disabled people are the ones who have prolonged affection of  physical, mental and psychological abilities which can, together with other restrictions, impede full participation in social life. Another definition is mentioned in art. 2 section 10 of an act from 27.08.1997 about social and labor rehabilitation and employing people of disabilities and concerns the basis of deciding about the disability and its degree. According to that act the term “disability” means permanent or temporary inability to fulfill the social roles as a result of permanent or temporary violation of body functions especially, the one that unables one to work. This act enumerates three stages of disability :

-          Severe- concerns people with affected body functions, not able to work or able only in supported employment. Requiring help of others as a way of dealing with social roles

-          Medium- concerns people with affected body functions, not able to work or able only in supported employment. Requiring  partial, temporary help of others as a way of dealing with social roles

-          Mild- concerns people with slightly affected body functions, not able to work in some situations compared to person with the same education but not having any disability. Having difficulties in fitting to social roles, but those difficulties may be compensated by using certain help and equipment.

While classification of degree of disability the body dysfunction is taken into consideration. The regulation of minister of economy, work and social policy  from 15.07.03 concerning the rule about disability and its degree (Dz. U. Nr 139, poz. 1328) enumerates various degrees of disability :

  • 01-U – mental disability
  • 02-P – mental illness
  • 03-L – hearing and talking  impairment
  • 04-O – vision diseases 
  • 05-R – motorical  disability
  • 06-E - epilepsy
  • 07-S – respiratory and circulatory system impairment
  • 08-T –diseases of  digestive system,
  • 09-M – diseases of genital and urinary system
  • 10-N – neurological diseases
  • 11-I - other, including:  endocrinology diseases, metabolic diseases, enzymatic disorders, contiguous diseases and animal derived diseases, defacement, hematopoietic system diseases
  • 12-C – overall development impairment.

In polish legislation law the term “invalid” may also be used to describe soldiers, police officers, internal security agency, intelligence agency, military counterintelligence service, military intelligence service, border guards, government protection agency, state fire service, prison workers. As the act of ministry of defense and minister of the interior and administration – an invalid person is a soldier or officer who lost the ability to work as a result of body impairment, temporary or permanent:

-          During the service or after.

-          In time to 3 years after being released from service, if the impairment is the result of diseases and injuries that occur during the service.

-           In time to 3 years after being released from service, if the impairment is the result of accident that occur during the service or disease that happened especially as a result of service

Besides the above mentioned definition of disability, that is administrative and law connected definition, there also exist statistical definition that is used by the central statistical office. According to that definition a disabled person is the one that possessed special decision given by the proper authority, or a person who does not possess such a decision but feels limitation while performing basic activities that are appropriate to the age of the person( play, study, work).  The definition implies that the statistic research concerns  disabled people that are divided into two groups:

- people with disability that is legally stated on a  document   by the appropriate institution

- people who do not have any document stating their disability but they biologically feel partial or overall disability to carry out activities

In Poland legal disability is stated by various institutions which is described by law. For the purpose of claiming about disability and its degree the appropriate instances are : the first one – district disability rule commission the second one voivodeship  disability rule commission. When it comes to decisions concerning benefits and grants the application is seen by the doctor belonging to the district commission.

The district commission rule for the application of disabled person or the one who is qualified to do it for the disabled person. The authority of a social welfare center is also able to apply for such a decision. The application must be filed in a appropriate district disability rule commission that is assigned to the person due to the place of residence or the place of temporary residence in case of homeless people,  prisoners or immigrants. The applying person participates in the commission. The health condition is described on the basis of previous medical examinations. In some cases the commission can assess the health condition without medical examination. The commission can also give opinion about disability in the lack of presence of disabled person. The decision should consist of the description of kind and degree of disability and also includes data such us :

  • Appropriate employment, taking into consideration the disabilities                             
  • Specialist training
  • Employment in profession
  • Participation in therapy
  • Necessity of equipment such as orthopedic equipment, medications and technical support required to normal functioning.
  • Usage of welfare, social help, therapeutic help and rehabilitation provided by social institutions
  • Necessity permanent help and supervision by other person
  • Necessity of a constant help of a kid supervision during the therapy and rehabilitation.
  • Fulfilling the regulations described i art. 8 act 1 from
    20.06.97  - road traffic regulation (Dz. U. z 2005 r. Nr 108, poz. 908,
    z późn. zm.). However, people with mild disability may be only taken into consideration when the cause of disability may be described by the symbol 05-R (motorical  disability) or 10-N (neurological disease).

Revocation from the decision  should be filed to voivodship commission in 14 days. The revocation can be filed also to Labour and Social Security Court in 30 days. There is no revocation from the decision about benefits and grants.

The degree of disability is proclaimed temporary or permanent for people who are 16 or above. For people below 16, the document stating disability is given and the criteria of the disability is based on the regulation of the ministry of work and social service from 01.02.02

The government procurator for the disability is supervising the pronouncement of disability by the faculty for the disability  pronouncement.

In Poland for the retirement system there is a system of pronouncement of disability connected with inability to work.  Depending on the profession and kind of insurance  there are various definitions of “being unable to work” as well as various faculties deciding.

When one is insured in social insurance (Zakład ubezpieczeń społecznych) inability to work is proclaimed according to the rule from 17.12.1998 about pension and life annuity from the fund of social insurance Dz. U. nr 1998 nr 162 poz.1118). The doctor chosen by the social insurance is giving the opinion on the disability. Inability to work is pronounced for no more than 5 years. The only exception is when the disability is not likely to withdraw during the period of 5 years. Revocation from the decision  should be filed to the examining doctor in 14 days.

The disability of people insured from KRUS is judged on a basis of a rule from 20.12.1990 about insurance of farmers. According to z art.21 ust.5 of a rule completely unable for work is a person whose body malfunction made him/her completely unable to work on a field. This rule makes a division between temporary and permanent disability. Person with permanent is the person whose disability is not likely to withdraw, temporary disability is likely to withdraw.

Separate rules for pronouncement of disability are also concerning soldiers and police officers. In both cases the commissions pronounce about :

-disability, being an invalid and its connection to the service

- being unable to work and live  independent

Polish law enumerates three categories of disability of soldiers and officers completely unable to service:

-          I being unable to work and service

-          II being unable to work and partially to service

-          III being unable to work and able to service

The procedure that leads to pronouncement of disability is similar for soldiers and officers . The differences are in the area of ministries that the medical commissions belong to.  In both cases the ministries take the medical research including the chances of remission of the disability into consideration while forming a decision. Revocation from the decision should be filed in 14 days.

SUMMARY

In Germany, Poland and France the definitions concerning disability are different. However, they both touch upon the topic of disability from the social point of view as well as the ability to work. In Germany and France there is one definition while Poland has a variety of them which is caused by various deciding instances.

In Poland, the type and degree of disability can be proclaimed by many instances because there is a variety of benefits. The decision that is pronounced by one instance is not considered valid for the other, even though the criteria are similar. The criteria always touch upon  health condition of a disabled person. The reason for the division was to make the role of rehabilitation more vital and to change money benefits from the compensation money to money that were propelling one to work. In 2012 NIK judged the systems of pronouncing about disability as a result many infringements were found and rules were made up to help with such a matters in future. The general conclusion was that the results  and aims were not reached and the activities of various instances are the same as they touch upon the same topic of body and mental disability. NIK claimed that actions must be undertaken to integrate those two systems.

France and Germany unlike Poland, have one system of pronouncing about disability. However, there are dissimilarities in the systems of each country. In both countries the decision includes the pronouncement about the kind and degree of disability, the systems are clear and easy to understand, which helps disabled people with understanding the rules.

Presented analysis shows the need to create one, clear system  not only in Poland but in whole European Union. It is vital for many reasons one of them is the ability to compare the percentage of disabled people in other countries in order to gain knowledge about health state of an entire population. It will also help in creating the system of training for nurses and doctors and people pronouncing about disability which would raise quality of pronouncement.

In Poland integration of systems would be the reason to get rid of one of them which would decrease the money spend on these systems. The biggest advantage would be the simplification of the way that a disabled person must go through in order to receive the pronouncement. Disabled person would not have to go through many medical examinations that come down to the same conclusion.

The subject literature that is recommended is the International Classification of Disability

The policy of employment of disabled people

Law regulations and institutions created to help disabled people

FRANCE

In France the most important act that regulates the disability matters is the act of “equal rights and possibilities, participation and citizenship of people with disabilities” made 11.02.05 called “The act about disability” or “ The act from 2005”.  This act propels the society to end discrimination and to assimilate disabled people into the life of society by enforcing lack of discrimination. Moreover, it regulates matters such as:

  • the rule of access
  • compensation system
  • education system
  • social integration
  • job integration

THE RULE OF ACCESS

Concerns all aspects of  social life  work of disabled people. It ensures adaptation of buildings, transportation as a result of which the access to education, medical help, entertainment and work is easier. This rule concerns every disabled person without division to degree.

COMPENSATION SYSTEM

It is based on the possibility of compensation of the effects of disability whatever its cause, age of disables person, family situation, may be. According to the act of 2005 compensation should be individualized for every person but equal towards other people with disabilities.

EDUCATION SYSTEM

It helps disabled children to study in schools on the same basis as healthy children.

SOCIAL INTEGRATION

It is associated with the rule of access and is aimed at helping disabled people to participate in social life on the same basis as healthy people

JOB INTEGRATION

It is a process of including of disabled people in every area of functioning business. The actions that include disabled people should be taken into consideration in the plan of the business and not be boiled down to the law regulations. The biggest part in regulating the amount of disabled people on a labor market is the payment system. If the company has less than 6% of disabled employees it is obligated to pay for AGEFIPH fund ( association to managing funds for employment of disabled people)

In France the organizing system was changed dramatically with the act of 2005. The basic aim was to make the system easier and similar. Department institutions for disabled people ((Les Maisons Départementales des Personnes Handicapées MDPH) is the main institution that took care over the disabled people. Inside this department there were created commissions for rights and autonomy of disabled people (fr. Les Commissions des droits et de l'autonomie des personnes handicapées - CDAPH) which aim is to pronounce about disability and deciding about benefits. More general insight on this institutions is depicted in the table 1.

Table 1.

Name of institution

Aim

Department institutions for disabled people (fr. MDPH)

  • Acceptation of applications
  • Informing and supporting disabled people during disability
  • Helping disabled people with creating “life plan”
  • Creating and managing of the teams that help and advice in creating the life plan
  • Starting the compensation program
  • Organization of commissions for rights and autonomy of disabled people meetings and its supervision.
  • Managing of compensation funds.

commissions for rights and autonomy of disabled people (fr. CDAPH)

  • Guidance for school education
  • Informing of institutions about needs of disabled people
  • Giving grants
  • Giving disabled people ID carts
  • Pronouncement about degree of disability

Fund for integrating of disabled people

  • Promotion of employment of disabled people in territorial, administrative and social sectors

Association to managing funds for employment of disabled people (fr. AGEFIPH)

  • Pronouncement of disability in the private sector
  • Financing and introduction of programs  in order to assess the abilities and skills of workers.
  • Funding retraining of disabled people  who finished education in “ Work Retraining Center”
  • Coordination and  supervision of applications for employment  of disabled people.

Center of employment reeducation (fr. CRP)

  • Job training , with the usage of professional didactical and medical help, in order to prepare disabled person to work  

International organization for Job research of disabled people „Employmen island”
( fr. „Cap emploi”)

Supporting ON in search of employment, in privet and public sector, on the recruitment and company integration.  

In recruitment sector :

 

  • Analysis of the position of needed candidates
  • Informing the employers about limitations of disabled people and ways of compensation for them .
  • Searching for candidates
  • Giving information about money benefits.

In integration sector:

  • Keeping in touch with the employees.
  • Help with preparing documents for AGEFIPH,
  • Help with adjusting job position
  • Help with maintaining the position in case of disease or change in the responsibilities o certain position.

Organization „ pole of employment”

( fr. „Pole emploi”)

  • Help unemployed  people In coming back to work on the best conditions. In particular :
    • Registration of people searching for work
    • Informing about labor market
    • Connecting employer and potential employees.

National organization for the authonomy

( fr. CNSA)

  • Co-funding people who lost jobs
  • Control of even distribution of money between institutions located all around the country.
  • Determination of even standards used to distinguish the level of disability.
  • Creating plans for the departmental needs of disabled people.
  • Informing about help that can be received concerning technical matters.
  • Making disabled people more active in job sector

Organization supporting disabled pe ople In maitaining of employment (fr.SAMETH)

  • Undertaking actions which help with preventing disabled people from losing the benefits. Helping SMETH with involvement with:
    • Privet entrepreneurs and their employees hired on the basis of job contract for more than 6 months.
    • Independent disabled workers
    • People who received  the decision about “ Disability Employee”
    • Victims of job incidents and work-related diseases. Who possess the decision for partial or whole inability to work on the degree of at least 10%
    • People who are able to receive disability pension on the degree of disability 80%
    • Employees receiving disability work pensions
    • Retrained employees
    • People using Benefits for Adult Disabled People
    • People who receive pension for service disability workers.

Source: The act of 2005

GERMANY

According to  z art. 3 act. 3, pkt 3 of a Basic Law for Federal Republic of Germany (Grundgesetz für die Bundesrepublik Deutschland,) „…Nobody can be discriminated for ones disability”  In order to ensure this law  German government creates law and financial solutions which can be visible In these acts :

  • Act of equal chances of disabled people (Behindertengleichstellungsgesetz – BGG),
  • Ninth paper of social code : Rehabilitation and participation of disabled people.  (Socialgesetzbuch Neuntes Buch Rehabilitation Und Teilhabe behinderter Menschen - SGB IX),
  • Eleventh paper of social code: Supervising insurance (SGB XI),
  • Fifth paper of social code: legal insurance (SGB V),
  • Sixth paper of social code: legal retirement insurance (SGB VI)
  • Seventh paper of social code: legal accident insurance (SGB VII),
  • Twelfth paper of social code: Social welfare (SGB XII),
  • Building kodeks (niem. Baugesetzbuch - BauGB),
  • Regulation about Access information technology (niem. Barrierefreie–Informationstechnik–Verordnung – BITV 2.0).
  • Electoral rights (Bundeswahlgesetz).

Act of equal chances of disabled people (Behindertengleichstellungsgesetz – BGG), is the most important document from all of the mentioned above. The main aim of this regulation is to give disabled people access to social life, work and self-determination. In particular this documents include :

  • Definition of disability
  • Forbidding of discrimination and ensuring access without architectonic and informative boundaries
  •   Right to use sign language and other helpful equipment.
  • Law regulation of proxy In administrative matters
  • Tasks and permissions of a government representative for the disabled people.

Equally vital is IX paper of social code – rehabilitation and participation od disabled people.  As a regulation it defines kinds of benefits for disable people into certain groups :

  • Benefits for medical care
  • Benefits for social life participation
  • Maintenance and other needs benefits
  • Benefits for labor market participation

Moreover, IX paper of code points out to the institutions that are responsible for finance and benefits. And states the rules of participation between those institutions.  

V paper of social code regulates matters that concern benefits for prevention, treatment and rehabilitation for people who possess public insurance..

VI paper of social code  defines tasks and skills of retirement insurance fund. In which the vital role has  medical and work rehabilitation according to the though „ first rehabilitation than pension.”

VII Paper of social code requires health, retirement and occidental insurance institutions the compulsory collaboration In the field of medical rehabilitation  

XII Paper of social code  Described among others :  rules of ( free) social help as a part of social and work  integration of  disabled people.

 The rest of the documents that is : Building Code, regulation about lack of boundaries in the it matters as well as Country election law are regulating standards thanks to whichdisabled people can function properly in everyday life.

The rest of the documents, that is : building code, the decision about equal Access to technical information, and election law. Describe the standards thanks to which disabled people  can function normally in everyday life in the surrounding of healthy people.

 In  Germany there are seven kinds of  institutions that provide help in rehabilitation of society and help people with getting back to work. This institutions are :

  • National work agency
  • Office for integration matters
  •  Institutions for accidental insurance
  • Institutions for retirement and pension insurance
  • institutions for health insurance
  • Institutions for supervision and providing supplies for victims
  • Institutions providing help for teenagers and youth
  • Institutions for social help

On a higher level of control there are : Federal Agency of Work and Office of Integration, which have their departments in the separate regions. Federal Agency of Work works under the law  supervision of  Federal Government and is responsible for example for :

  • Supervision and controlling of fulfillment of employers from the obligation of employing disabled people
  •  Giving advice concerning job matters
  • Providing job
  • Training of workers

Office of integration on a federal level, is responsible for protection of people with disability against losing their jobs. Because of that employer while firing a disabled person, needs to have official agreement given by the Office for Integration that is assigned to the particular region. Besides that, Office of integration has other tasks, such as :

  • Giving pensions and benefits to people with a sever level of disability.
  •  Provides help for disabled people concerning gaining and maintaining the job.
  • Gives the money back to the employees who employ disabled people, who use the help of other employers or to the employees of disabled people whose input to the company is below 80% of an average employee.

Institutions that are enumerated above are working on a basis of three pillars of social system. The first and the most common is  the system of social insurance  - that is financed from the dues of employees and employers. The second system is the system of so called the system of supplies    it concerns people who do not pay any dues because of the service they do for the country for example : judges, soldiers, war victims and so on. The third pillar is made out of  the system of social welfare,  which is based on the money that come from taxes and the funds from social budged. Particularly from the funds of the territorial autonomies.  

 It should be stated that the majority of services is realized by more than one institution. That situation requires all of the institutions to work out common standards of cooperation according to the rules that are stated by the Federal  Union of Labor  for the Rehabilitation matters along with the participation of the institutions that support disabled people but do not belong to any government institution.  

Poland

Constitution of Republic of Poland from the 2.04.1997 . (Dz. U. Nr 78, poz. 483.) ensures every citizen of Poland, including disabled people, the freedom of speech,  choice of profession and the place of profession ( art. 65.). According to that rule, all of the citizens are equal according to the law, have equal rights and should be treated equally. Nobody can be discriminated  in political life, social or  economical ground, whatever the reason (art.32.). Moreover, constitution makes the public governments to ensure all of the disabled people, medical help and insurance (art. 68 ust. 3)  and providing help and medical assistance in helping with having normal life and with helping to accommodate to the job and communication (art. 69).

Due to the fact that disabled people are often discriminated and stumble upon many obstacles while trying to maintain social relationships and finding a job, there were  introduced many  regulations that aim at helping and protecting disabled people.  Specific regulations  in this matter are included in the regulation from 27.08.1997 that says about job and social rehabilitation. The basic aim of this regulation is to make the chances equal and ensuring effective and fair participation in social life of disabled people. Including equal rights on a job market. Particularly the rule contains the regulation in the scope of pronouncement of disability , about  rights and laws that concern employees and employers,  the rights of a disabled person as well as  a regulation concerning  protected plants.  Yet another regulation is  The  Bill of Rights of Disabled People that was adopted b the government  on the 1.08.1997. (M.P. z 13.08.1997 r. Nr 50 poz. 475). The bill ensures  rights for specialist help that will help in self development, achieving and improving qualifications that are required in a job (§ 1 pkt 5)  as well as the right to work on a open labor market  according to the qualifications ,education and skills that one possesses. The rule also claims that one should have access to help and advice in a professional field of one’s choice. Also, when it is required because of a health condition, disabled person should be able to work in a proper conditions (§ 1 pkt 6). It should also be enumerated  that  lack of discrimination of disabled people on  a labor market is ensured by the Code of Work (Dz. U. z 1998 r. Nr 21, poz. 94.).

 According to the rule of promotion of employment of disabled people  in institutions, the tasks of the country  are realized on the basis of “National Plan of Action for Employment” ( KPDZ). This tasks include : promotion of employment, easing the effects of unemployment as well as making it easier to work, including disabled people. The plan is carried out in many countries and is the basis of regional plans of action  for employment.  The National Plan of Action for Employment” ( KPDZ) for 2015 to 2017 (KPDZ/2015-2017)  is now in the production phase. In the matter of disabled people, it is going to be a continuation of the aims and initiatives that were started in KPDZ/2012-2014 it also aims at completing the plan with new activities. (look. Tabela 2).

Table 2. Table concerning disabled people in project KPDZ for years 2015-2017

Tasks 6.

 Supporting people that included in group of people that may have problems with finding job( including : young people, people without jobs, people who are over 50, NEET group, parents of young children, disabled people) .

The institution giving the tasks

Task 6.5

 Promotion of access to universal designing as a sufficient way of including disabled people on a job market

Aim:  Promotion of good activities and improving the knowledge of the access of designing and managing the work place.

MPiPS/BON

Planned Activities:  Organization and co-organization of meetings and conferences and also reaching decisions that aim at helping disabled people.

Effects:   Improving the level of knowledge among employees and employers, concerning the access to the  universal designing and managing the variant among place of work.

Task 6.6

 Re-fund of costs that were used for training of disabled people to help with work assimilation.

Aim:   Adding to the regulation from 27.08.1997  that claims about social and work rehabilitation and obstacles of disabled people  rehabilitation and that regulates employment of disabled employees, new kind of support for employers who employ disabled people  which is the re-fund of cotsts that were spend for the help of other employee.

MPiPS/BON

Planned Activities :  Changing regulation of work and social rehabilitation and employment of disabled people.

Effects:  Filling the actual functions of supporting of employees that employ disabled people  with new solutions that professional help for the employee.

Task 6.7

 Projects of coaching for employment of  disabled people in public administration sector w

Aim:  Educating in the scope of work rehabilitation and hiring of disabled people, among the public service workers.

MPiPS/BON

Planned Activities: training  an average  of  1000 service workers.

Effects:

  •  Education the administrative workers about disability ( about 1000)
  •  The level of employment of disabled people in administrative services should be increased.

Task 6.8

 Supervised employment of disabled people

Aim : Including to a  regulation of work and social rehabilitation and employment of  disabled people , an institution of serviced employment , which should help with increasing the level of employment of disabled people that can face a thread of being excluded from labor market and that are in the most difficult situation on a job market.

MPiPS/BON

Planned Activities:   Making changes of systems in the scope of labor market and maintaining a job of disabled people that are in the worst conditions

Effects: Including to regulation of work and social rehabilitation and employment of disabled people the institution of serviced employment.

Task 6.9

 Funds for the salary of employed people

Aim :   Maintaining the level of employed  disabled people supported by PFRON.

PFRON

Planned Activities: refunding the costs of the employer given for the disabled employee

Effects:  A year funds that will be paid to the salary of approximately 319 420 disabled people.

Task 6.10

 Re-funding of cpmpulaory contributions for insurance of disabled people that have own business

Aim:  Support of disabled people that have their own business .

PFRON

Planned Activities: According to the regulation  25a reg. 1 pkt  regulation of rehabilitation  the contribution for the insurance of disabled people will be re-funded for people who have their own business. Also re-funded will be the contributions for the pension, the amount of money that will be given back is stated in art. 18 ust. 8 and w art. 18a of regulation  from 13.10.1998 of social systems (Dz. U. z 2013 r. poz. 1442, z późn. zm.).

Effects:

  •  Re-fund for about 23 579 people (per month)
  • Re-fund for  31 833 disabled people (per year)

Task 6.11

Re-funding of contribution of disabled farmers and their families.

Aim:  Support for disabled farmers and their families

PFRON

Planned Activities:  According to art. 25a ust. 1 pkt 2 regulation about rehabilitation, the re-fund will be given to  disabled farmers or a farmer who pays taxes for disabled family member , taxes for farmers’ insurance and pension taxes.

Effects:  Re- foundation of taxes for social insurance of farmers or a farmer who pays taxes for disabled family member for years 2015-2017  will be paid for about  2523 in three months 3 407 in a year.

Task 6.12

Coaching for work for disabled people

 

Aim:   Working on aims and goals for the job training  including the tools for reqruitment, selection, training, managing and monitoring the couches.

PFRON

Planned Activities:

  •  Organization of 12 meetings with the representatives administration
  • Organization of 12 meetings with the representatives of territorial assemblies PSZ, NGO and employers
  •  Preparation of plan of changes to the regulation of work and social rehabilitation of disabled people;
  • Organization of c meetings

Effects:

  • Creating guidelines for the work coach that will help with recruitment ,monitoring ,managing (including electronical systems of monitoring)  
  • Organization of 12 meetings with the representatives of territorial assemblies PSZ, NGO and employers
  • Organization of meeting
  • Adaptation of solutions
  • including disabled people to labor market

Task 6.13 supporting employment of disabled people that are in a difficult situation

Aim:    Including and promotion of Polish and over regional solutions  that will help with giving advice of disabled people and social integration of disabled people  with  rear problems that are in a difficult work condition .

PFRON

Planned Activities:   Constitution is realized as a program of PO KL projects started in the previous years, aimed at the special groups of group disabled people:

  •  Support of disabled people with motorical disabilities on the job market  IV,
  •  Guidelines for projection of objects ,rooms and positions as well as preparation of the positions for disabled people of specific needs
  • Supporting of environment of disabled people from small towns and villages
  • Apprenticeship in public administration that is going to support  improving the sector of work and society of  disabled people as well as building the image of disabled people on labor market II,
  • Support of people with rear disabilities, group disabilities at the age of 45+ on job market II,
  • Support of graduates that come into the job market II,
  •  Support of disabled people with mental illness in the medium degree and severe degree (including Down syndrome and/or group  disability )

Effects: The number of disabled people that are under protection and help in particular projects:

  • Support of disabled people  with movement problems on labor market IV – 1600 people,
  • Support of surrounding of  disabled people from territories of small towns and villages  – 2000 people,
  • Apprenticeship in administration service which helps to activate disabled people and improving the image of disabled people on labor market – 200 people,
  •  Support of people with rare disabilities and some of the group disabilities

Task 6.14 JUNIOR – program for work supporting

Aim: Improving of possibilities of  disabled people in using apprenticeships as a tool for finding jobs.  

PFRON

Planned Activities:

  •  Giving financial help for disabled  graduates and leading him/her for apprenticeships by PUP, as a form of funding that is part of plan for labor rehabilitation of disabled people
  •  Paying extras for work advisors for the care of disabled apprenticeships.
  • Paying extras the employers that participate in the program

Effects:  Starting apprenticeships by the 450 disabled graduate every year. About 20% if this people will receive a job in 6 months.

Task 6.15 help for  disabled people with finding a job

Aim:  Elimination or  lessen the boundaries that hinder the participation of disabled people in the education as well as making more chances for  competing for jobs by improving qualifications.

 

Planned Activities: As a part of program “ Active council”  Module II – the help in getting education on a university level from the funds of  PFRON. The disable people who fulfill certain requirements  will be given money for the education.  

Effects:

  • 16 000 people will benefit
  • Better status of disabled person on a job market.

Source: Ministry of Work and Social Policy, Work Department Warsaw 2014, http://www.mpips.gov.pl/bip/projekty-aktow-prawnych/projekty-programow-i-inne/rajowegolanuziaanarzeczatrudnienianalata2015-2017/

The most important function among organizations that aim to help disabled people has  Government Plenipotentiary for People with Disabilities  that is  supervising the tasks that are supposed to be done as they are written in a regulation about  social and work rehabilitation and employment of disabled people. This tasks include :

  •  Supervision and coordination of realization of tasks that are the result of the regulation and this tasks include :
    •  Getting the information and documents and in term reports from othr institutions.
    •  Organization of training and conferences
    •  Giving information concerning  work  and social rehabilitation and employment of disabled people
    •  Making standards in the scope of realization of given tasks.
    • Making the tasks :
      •   That come out as an effects of government programs that concern dealing with problems of disables people.
      •  Tasks that aim to restriction the effects of disability and boundaries  that make the functioning in society much more difficult for disabled people.
      •  Incitation  and  controlling the realization of tasks that are the result of this regulation.
      •  Preparation and giving opinion about projects that are  normative acts in the matters of : employment, rehabilitation and the social condition of people with disabilities.    
      •  Preparation of government projects that are aimed at solving problems of disabled people.
      •  Making assumption about a year long plans in the field of finances that are concerning  realizations of regulations ;
      •  Initiation of activities that aim at restricting the effects of  disability and boundaries that prevent disabled people from normal functioning
      •  Cooperation with organizations that are not a part of government and foundations for  disabled people[1].

Plenipotentiary is realizing the tasks by the use of the Office of the Plenipotentiary for Persons with Disabilities (BON),  that is separate organization in the Ministry of Work and Social Policy.

The institution that is advising the plenipotentiary is The Consultative Council for People with Disabilities  that is the center of cooperation for disabled people  for the institutions of government administration, the territorial autonomy and other organizations that are not connected with government. The task of the Council are

  •  Giving propositions of the activities that are aimed for integrating people with disabilities. Also giving solutions to problems that prevent disabled people from fulfilling their needs.
  • Giving opinions to documents that are spoken about on a meetings.
  • Law  acts that can have influence on situation of disabled people, financial plans and reports of Funds
  •  Government programs for disabled people and information about realization of aims of this programs
  • Year information about work of the Council[2].

Moreover, the aim of The Consultative Council for People with Disabilities is to inform the proper organizations about the need to give new regulation that deal with disabled people or to change such regulations.

 Important institution that works for the disabled people is the National Fund for Rehabilitation of Disabled People (PFRON).  This Fund possession  is legally claimed and is supervised minister for the security of society, who for the application of the Manager of the Fund after receiving the positive opinion of the Plenipotentiary , can claim legal a certain organization.[3].

 Realization of a big part of tasks that are concerned with work and social rehabilitation is the aim of territorial autonomies, particularly on a voivodship and provincial level. On a voivodship there are particular institutions :

  • Regional Government,
  • Regional Assembly,
  • Marshal of voivodship
  • The head of viovodship
  • Social Provincial Councils for People with Disabilities
  • Provincial Teams Committee for Deciding of Disability.

The tasks of above mentioned institutions are described in the act of rehabilitation and in a regulation of Ministry of Social Policy from 06.08.04 in a matter of describing the tasks of Regional Assembly , that may be financed from the funds of the National Funnd for Rehabilitation of Disabled People (Dz. U. Nr 187, poz. 1940 z późn. zm.).

According to the rule the Regional Assembly  is responsible for[4]:

  •  Preparing and realization voivodship programs that aim at making the chances of disabled people equal. Also preventing excluding disabled people and helping in case of difficulties,
  •  Preparing and presenting information about the activity to the Plenipotiary
  •  Funding the work of building services that are constructing objects that help in rehabilitation  of disabled people
  • Funding the labor market activities that create more room for disabled people.
  •  Cooperation with the institutions of administration of government and other regions  that aim at making the tasks that come from the regulation
  •  Cooperation of organization and foundations that work for sake of disabled people.
  •  Giving opinions of applications that are going to be registered  in the organizations that make trips for disabled people and use the funds of  PFRON.

Regional Government, in a form of regulation, decides the tasks and aims for which funds will be given by PFRON[5].

The head of viovodship realizes the tasks that are connected with[6]:

  • Procedures of provincial and district teams for pronunciation of  disability. In particular:
    •  Decides about the area of action of the team for pronouncing abut disability, which may be bigger than one region and the place of residence of the outer  commissions.,
    •  Has a direct supervision over the regions
    • Announces information to plenipotentiary that concern the realization of tasks for the commissions
    • The registration [7]  of the centers and the organizations of trips that are funded by PFRON;

Besides the above mentioned tasks, the duty of a head of voivodship is to inform  plenipotentiary  about the matters concerning :

  •  The results of controls carried out in the offices of protected work and plants of economic activity  concerning the conditions and laws that are the result of the regulation of rehabilitation (along with the National Labor Inspection)
  •  Decisions and the state of employment in the offices of protected work and plants of economic activity.
  •  Given decisions about the state of employment in the offices of protected work and plants of economic activity.

Provincial councils  for the matters of disabled people are the institutions that give opinions – concerning marshals of viovodships, their activity is based on :  

  •  Inspiring  events that are aimed at :
    •  Job and social integration of disabled people
    • Giving opinions about voivodship projects, programs and activities for disables people.
    • Grading the completing of programs
    •  Giving opinions about the projects of regulations and the programs accepted by the government based on their help for people with disabilities[8].

On a district level, the institutions that act for work and social rehabilitation of disabled people are :

  • The head of district   
  • The council of district
  • District centers for family help (PCPR),
  • District councils
  •  District institution of work (PUP),
  •  District teams for pronouncement of disability

The law act that states the tasks of the district is the regulation about rehabilitation and the regulation of Ministry of work and social policy made on 25.06.2002   that determines the kinds of tasks that the district is responsible for. They can be financed from the funds of a Fund for Rehabilitation of Disabled People (Dz. U. 2002 nr 96 poz. 861).

The tasks of the head of district include :[9]:

  •  Making and canceling the councils that will pronounce about disability on a district level.
  • Giving and taking the grants for disabled people for  start of the company or own business
  •  Giving money for the loans that was taken by the disabled people in order to continue the business
  •  Giving financial help for the employees of the disabled

 The council of department as a rule, decides for what aims the funds will be given and it is based on the algorithm from PFRON  for realization certain[10].

Department centers of help for the family :   Are the centers that lay underneath the Government of department. Their aims is to :

  •  Realization and preparation of strategies for problems that deal with society, and to prepare programs that aim at helping disabled people. In the scope of:
    • Social rehabilitation
    • Abidance of the laws that are against discrimination of people with disabilities.
    •  Cooperation with organizations that are not part of the government and foundations that work for disabled people to help with work and social rehabilitation.
    •  Activities that will hold the effects of disability
    •  Making and presenting plans of action and giving information from the activities. AS well as  giving access to those plans to the council of voivodship.
    • Giving money for :
      •  Sport, culture and recreation of disabled people
      • Equipment for rehabilitation, orthopedic  equipment for disabled people.
      •  Cancelation of boundaries that include : architectonical, communicational, commuting and technical
      • Rehabilitation of kids and youth  
      •  The services of the sign language translator and a guide[11].

 District councils for the disabled people, are  the organs that give opinion. They tasks include :

  •   To inspire the actions that aim at :
    •  Work integration and social integration of disabled people.
    •  Realization of laws that are made to help disabled people.
  •  Giving opinions about district programs for disabled people.
  • Assessing those planes
  • Giving opinions about projects of regulations that aim at helping disabled people[12].
  •  In Poland, there are various foundation and organization  that are the charity organization and help a selected group of disabled people with rehabilitation. Among them we can enumerate: Polish Blind Association, Polish deaf association, Institution  for people with mental disorders, Moreover, disabled people may use the social help of  centers of help or houses of social help. The rules of giving such aid are written in the regulation about social help from  12.03.2004 (Dz. U. z 7.02.2013 poz. 182).

 Institutions that realizes tasks that concerns work and social rehabilitation of disabled people

Table 2. Institutions that realizes tasks that concerns work and social rehabilitation of disabled people.

Source : Private materials



[1] Art. 34 rehabilitation rule

[2] art. 42

[3] art. 45 reg. 4

[4] Art. 35 reg. 1 regulation about rehabilitation

[5], art. 35 reg. 2

[6], art. 6a. , art. 6c, art. 10d, art. 30

 

[8] Art. 44a of regulation about rehabilitation

[9]  Art. 6a. 1 regulation of rehabilitation

[10] Art. 35a ust. 1. Reguation of rehabilitation

[11] art., 35a, reg. 2

[12] art. 44b