Submitted proposals by the Law on Employment of People with Disabilities by the Employers

Submitted proposals by the Law on Employment of People with Disabilities by the Employers

декември 28, 2021

Regarding the draft law on employment of persons with disabilities, the Board of ORM determine more observations, some of which are below.
2.1.We consider that the existing law on the employment of disabled people is not  need to be changed because it also regulates procedures for the employment of disabled people, the benefits of employing disabled people, the establishment of a protective company etc. and they work more than 14 years without any major problems.

2:17. In connection with the introduction of the obligation for employers to compulsory employment of disabled persons in accordance with quota system from 2 to 6% of the total number of employees in the company with over 35 employees, we believe that in a country with a market economy and entrepreneurship where each legal entity shall organizes its process of doing business, it plans on the basis of submitted orders for production and proportion of the plan and the number of employees, there is a mandatory requirement for employment of persons with disabilities and only at home but also in foreign companies is illogical. Article 7 of the draft law is not clear whether despite diplomatic consular offices exempt from this obligation will be foreign companies, because it is used the term “company”.
Isto also believe that it is necessary to perform segmentation of legal persons: the size ie the total number of employees, and offer a total staff of more than 500 persons per 100 employees are employed by one (1) person with disabilities, and the total employed over 1,000 people every 150 employees are employed by one (1) person with disabilities. According to the activity of the legal person, and offer specific and highly sophisticated activities where  high degree of accuracy needed, the percentage to a maximum of 0.5%. It certainly has an impact and degree of automation of the production process and the possibility (it) to employ persons with disabilities.
Law enforcement will be necessary to provide additional investment about working conditions through infrastructure construction activities, training of persons with disabilities, interventions for implementing software solutions, etc., in order to persons with disabilities can smoothly engage in all system operation of the legal entity.

Certain activities such as banking and insurance that they do not consider to be covered by the obligation to employ disabled people or be covered by those limits because the execution of these activities require a high level of education, specific specializations and certifications, as well as high expertises for each job descriptions in accordance with established regulations for systematization of jobs. If we consider the automation of processes and modern IT solutions that are introduced in these activities, the real possibility of adaptation of persons with disabilities of any job in banking activities there.
It is necessary to define the term “total number of employees.” Companies that use seasonal labor in a time of the year are smaller, and another large number of employees. That figure will be considered a “total number of employees” in these companies?

2:18. It is also necessary to consider the case when a company emerges as the founder of the protective company already employs people with disabilities? In that case, the founder will be released from the obligation, if the number of disabled employees will be compared with the total number of employees in both companies or founders will have of disabled people are employed in protective company to switch to work with the company founder.
2:19. Is a previous analysis of the total number of unemployed people and what would happen if a region does not have enough unemployed disabled persons to fill the quota. As an example bent eastern region where more than 100 textile factories with more than 35 employees, whether it would automatically sanction or the obligation that employer has  to pay the monthly fee in the amount of 70% of the gross minimum wage even though the employer has launched announcement and agrees to hire disabled. Employers also find that the percentage of 70% of the minimum wage is very large and need to be reduced, especially if we take into account the projected increase in the minimum legal wage in the future years.Our  suggestion is – amount of compensation under Article 8 (2 ) does not exceed 30% of the minimum payment.
2:20. The proposed text is not reasoned provision drastically reduce benefits for employees in the company. The existing legal provisions disabled persons were exempt from contribution to Pension and personal income, and pay only the contribution of health, and now with the proposed law they temporary benefits are limited (Article 20 alternative 1, 100% a year, 50% the second year and the third year the employer alone pays fully contributions disabledless persons or alternative 2-100% a year, 80% the second year, 60% the third year, after 4 years 50% of contributions). Considering that all protective companies based in the country employ more than 2,600 people with disabilities and more than 4,000 disabledless, the question arises whether these changes will continue to exist as such. Each employer based preservative company is aware that the criteria for evaluating the performance of the tasks of disabled persons is too low considering their disability and the objective possibility of the scope of execution of tasks, duration and quality of completion of work activities, and the rest of it to the inconclusive disabledless so exactly in the full refund of their contributions (with a delay of 6 months or more) sees minimal economic viability. In this context would comment and reduction of other assets of the special fund and the employment of disabled persons indefinitely, procurement of equipment, adaptation of the workplace. On the other hand, the percentage of capture the contribution of employment financed special fund remains the same and of course expect inflows of funds from employers who will hire enough disabled by quota system.
2:21. The prerequisite for building a system that will ensure greater employment of persons with disabilities is to establish assessment of ability based on the potential of a person with respect to the limitations caused by the damage. It is necessary to carefully prescribe the procedure for determination of disability according to the principles of the Convention on the Rights of Persons with Disabilities, which affirms the social model. This involves measuring the functional capabilities in the context of damage, injury or disease. It is therefore very important to establish a unique methodology for assessment of work capacity.
Taking into account the provisions of Article 11 (5), Article 17 paragraph (1) and Article 18 paragraph (6), is proposed to this material or other law or regulation that “regulates the classification of jobs” to suggest a “kind-type jobs for people with disabilities and areas at the branch,” and to define “the way adaptation of jobs” in order to facilitate the practical application of the proposed law. It is necessary to regulate the procedures of hiring a disabled practice to 6 months, or scholarships for them to 5 years. This is because people with reduced working ability and especially those who have established permanent physical, sensory, mental and intellectual damage can equally be evaluated according to the standards of performance measurement that apply to health workers. Draft law in Article 10 of the Labor Code makes an exception only in respect of the notice period. Also injury at work,
absence, salary, financial assistance that are regulated by Article 27 of this bill, are matters regulated by the Law on Labour Relations. It would be necessary to specify which rights these people with disabilities should enjoy the general regulations of labor relations and the rights to this or any other law.
We think it is necessary to introduce a mandatory probation for persons with disabilities, in order to provide an opportunity acquired skills to apply in working conditions and the employer to give the opportunity to introduce the capabilities of the person and to assess what is needed to adjusted in the process of working to have equal opportunities with other employees.
2:22. In Article 17 paragraph (4) suggests that “the way of granting funds from the Special Fund” rather than a government decree to be regulated by law. If the proposed solution to keep this issue is regulated by ordinance or by-law violates the principle of transparency and primarily through “parliamentary procedure” to edit or change these legal solutions.