Appendix III: Country report the Netherlands

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Appendices

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Appendix I: Country report France

A1.1 Defining disability

Until the 2005 Act there was no general definition of disability in French law.

According to the Labour Code, a disabled worker is any person whose chances of obtaining or retaining a job are effectively reduced as a result of an insufficiency or reduction in his physical or mental capacity. There are 3 levels of severity of disability. (ECOTEC 2000, p. 197) The 2005 Act adds a detailed definition of disability, stating that the fact that a person is limited in his activities or restricted in his contribution to life in society in the long term as a result of alteration of one or more physical, sensory, mental or psychological functions constitutes a disability.

(http://europa.eu.int/comm/employment_social/fundamental_rights/pdf/aneval/disab_f ren.pdf, retrieved February 2, 2005)

A1.2 Legislation

The principle of equality forms the basis of the French legal system. Equality is declared in the 1789 Declaration of the Rights of Man and of the Citizen and in the 1958 Constitution. The Criminal Code defines discrimination and explicitly refers to disability as one of the grounds on which discrimination is prohibited. Discrimination

is also prohibited by the Labour Code.

(http://europa.eu.int/comm/employment_social/fundamental_rights/pdf/aneval/disab_f ren.pdf, retrieved February 2, 2005)

In 1957, a general law on the rehabilitation of disabled workers was introduced. This Act formed the basis for a quota system and for sheltered employment. There were no penalties for non-compliance. The act stated that disabled workers who could not be placed in normal employment could be admitted to a work aid centre (CAT), a sheltered workshop (AP), or a home work distribution centre (CDTD) to be established by public bodies or private associations with public grants. This Act was replaced by the Disability Act of 1975. (Thornton & Lunt 1997)

The Disability Act of 1975 states that integration of disabled people in the educational system and in working and social life is a national obligation. To promote this integration, the act offers various services in cash and in kind that are available to all disabled persons, irrespective of the nature and origin of their impairment. The Act is restricted to people with physical or mental disabilities, and excludes socially disabled people. The Act does not give a definition of disability. In 1987, the Employment Obligation Law came into force, which introduced the quota-levy system and the fund AGEFIPH. (Thornton & Lunt 1997, Grapin 1997)

In 1990, a law was passed concerning the protection of individuals against discrimination based on their health or disability, adapted in 2001. The law amended the Penal Code which already covered discrimination based on origin, sex, customs, marital status, ethnicity, nationality, or race. Discrimination is defined by the new Penal Code as all distinctions made between persons on those existing grounds and on grounds of state of health or disability. The law applies to providers of goods and services and to employers, prohibiting discrimination on reasons of disability in recruitment to or dismissal from employment, and in the exercise of any given economic or business activities. A punishment of two years’ imprisonment and a fine are specified for infringements. (Thornton & Lunt 1997, NAP France 2004, ILO 204, p. 13)

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In 1991, a law was enforced that included several measures to improve access to public establishments, workplaces and places of residence and education. (Thornton

& Lunt 1997)

A Bill designed to promote equal rights and opportunities, participation and citizenship for disabled persons was introduced into Parliament, to come into force in January 2005. The aim of the Bill is to cover all aspects of disabled persons’ lives. Its main objectives are to compensate for the consequences of disability, to promote participation in social life as a whole, and to replace an administrative bias with a

service bias. (NAP France 2004, p. 60-61, http://europa.eu.int/comm/employment_social/fundamental_rights/pdf/aneval/disab_fr

en.pdf, retrieved February 2, 2005,) A1.3 Labour market programmes

A1.3.1 Registration

Registration as disabled is not mandatory. The majority of the workers, however, do apply for the status of disabled worker, because it provides benefits for themselves and their employers. It gives workers access to qualified assistance for vocational training and offers a subsidy to employers of disabled people.

(http://europa.eu.int/comm/employment_social/fundamental_rights/pdf/aneval/disab_f ren.pdf, retrieved February 2, 2005, Triomphe 2003)

A1.3.2 Quota-levy system

France uses a quota system, which is supported by the Employment Obligation Law of 1987. Private and public sector firms with more than 20 employees have to meet a 6% quota of disabled employees or, if they fail to do so, contribute to a fund (AGEFIPH¹) which finances actions encouraging vocational integration and job retention of disabled workers in the mainstream environment.

AGEFIPH has 4 objectives. The first objective is to prepare people for employment, the second aim is to mobilise firms and employees, third, to increase access to and maintenance in employment of disabled people, and fourth, to address the technical obstacles encountered by the disabled. Adaptation of the workplace is one of the main areas in which AGEFIPH is involved. (Grapin 1997) In 2002, 100,000 disabled people were put into work resulting from the interventions of AGEFIPH. (SNAPEI 2004) Instead of employing disabled people directly, employers can choose to subcontract work to sheltered workshops (Ateliers Protégés) or work aid centres (Centres d’Aide par le Travail), or sign company agreements, which require the implementation of an annual or multi-annual employment plan for disabled persons.

The quota obligation includes disabled workers registered by COTOREP, victims of work accidents, and workers receiving an invalidity allowance (pension d’invalidité).

(Descolonges 2002, Triomphe 2003, ILO 2004, p. 50) A1.3.3 Sheltered employment

Work in a sheltered environment gives those people who cannot work in ordinary employment a wage which guarantees that the needs of life are met. There are three forms of sheltered employment: work aid centres (CAT; Centre d’Aide par le Travail), sheltered workshops (AP; Ateliers Protégés), and home work distribution

1 AGEFIPH = Association pour la Gestion des Fonds pour l’Intégration Professionnelle des Personnes Handicapés (Association for the Management of Funding for Integration of Disabled Persons)

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centres (CDTD; Centre de Distribution de Travail à Domicile). Disabled people receive a salary that is complemented by a state subsidy. In sheltered workshops and CDTD disabled people are in paid employment, but in CAT employees are not in paid employment and they can therefore not be dismissed. People are directed by COTOREP to one of the sheltered employment forms according to their assessed work capacity. The aims of the sheltered employment types differ. Sheltered workshops (AP) and distribution centres for home work (CDTD) are intended for people whose work capacity is at least equal to one-third of normal capacity. AP are economic production units which must operate as commercial enterprises. Centres d’aide par le travail (CAT) are focused at severely disabled people from the age of twenty with temporary or permanent disabilities, whose working capacity is less than one-third, whose potential ability to work is sufficient, but whose condition does not permit a normal working life.

The majority of CAT have been created by local parents associations. Parents associations are joined together into a national association for parents of mentally disabled children called SNAPEI (Syndicat National des Associations de Parents d’Enfants Inadaptes). SNAPEI is a member of Workability Europe. The new name of SNAPEI is FEGAPEI, changing from a Syndicat to a Federation. SNAPEI has 330 associations, 2,000 establishments, 100,000 clients, and provides 80,000 jobs.

(SNAPEI 2004) Disabled people in CAT are not legally workers. In legal terms, CAT are social service institutions, subject to the legislation ruling social establishments.

CAT operate like companies and are employment organisations. The CAT are subsidised by the State. There are many more people in CAT than in sheltered workshops and CDTD. The CAT are vocational rehabilitation centres, where 90% of the people are mentally disabled. CAT have 1,300 establishments, with 99,000 severely disabled workers. At the same time, 515,000 disabled employees work in normal and adapted mainstream employment. (TW presentation) According to the 2004 Bill, only CATs will be classified as a sheltered environment, while sheltered workshops, which become adapted businesses, will be included in ordinary

environment. (Thornton & Lunt 1997, http://europa.eu.int/comm/employment_social/fundamental_rights/pdf/aneval/disab_fr

en.pdf, retrieved February 2, 2005)

A1.3.4 Wage subsidies

With the Guarantee of resources to the disabled worker (GRTH; Garantie de resources pour les travailleurs handicapés) the employer pays the disabled worker the full wage, but receives a refund of part of the wage. A recruitment bonus is available for the employer and the worker (prime a l’insertion). Firms can pay a reduced wage to moderately disabled people (up to 10% reduction in normal wage) and severely disabled people (20%). (Brunel University 2002, p. 173)

A1.3.5 Protection against dismissal

Regarding dismissal from employment, disabled employees benefit from special protection by the labour legislation. An amendment to the Labour Code in 1990 prohibited dismissal of disabled employees on the basis of disability alone. (Brunel University 2002, p. 115)

A1.3.6 Self-employment

AGEFIPH supports disabled persons who wish to start their own business.

(Descolonges 2002)

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A1.3.7 Workplace adaptations

Financial support for adaptation of the workplace is available from AGEFIPH.

According to the Labour Code, the employer must adapt the workplace to accommodate disabled persons, without disproportionate costs. The expression

‘reasonable accommodation’ was replaced by ‘appropriate measures’. Buildings, transport, and new technologies must be accessible to disabled people. (Brunel

University 2002, p. 73, http://europa.eu.int/comm/employment_social/fundamental_rights/pdf/aneval/disab_fr

en.pdf, retrieved February 2, 2005, NAP France 2004) An Act of 1991 mandates accessibility to workplaces and offices employing at least 20 persons. (Grapin 1997) A1.3.8 Passive measures: social security & disability benefits

There are two main income support provisions for people unable to work due to illness or injury, which are the insurance-based ‘pension d’invalidité’ and ‘Allocation pour l’Adulte Handicapé’ (AAH; Allowance for Disabled Adults), a social assistance measure. Work incapacity is assessed in different ways for the two benefits, by separate institutions. AAH predates the general assistance system, Revenu Minimum d’Insertion (RMI), which was introduced in 1988. To be eligible for the pension d’invalidité, a person must be unable to find a job that allows him to earn more than one third of the wage than an individual would receive in the same area and in the same category of work which he had before. There are three categories of invalidity.

Category one consists of persons still able to do some work (light), while category two comprises individuals unable to work in any occupation (moderate). Category three applies to persons unable to work and needing the aid of a third person to help in daily activities (severe). The pension for category 1 is 30% of the average wage, while it is 50% for category 2. (Brunel University 2002, p. 51, 114-116, 119)

Adults who do not meet the contribution requirements for participation in the insurance systems may claim AAH, which requires an assessment from COTOREP as well as a means test. An 80% disability rate (or 50% to 80% in case of an inability to find a job as a result of disability) is necessary to be eligible for AAH, financed by the state. The maximum age to get a disability benefit is 60 years. (Brunel University 2002, p. 115, Triomphe 2003)

A1.3.9 Persuasion policies: awareness raising & attitudes changing

The AGEFIPH organises information campaigns in order to raise awareness about disabled people and in order to try to change attitudes towards disabled people.

(Thornton & Lunt 1997) A1.4 Responsibilities

A variety of actors are involved in the field of employment for disabled people, including the Ministry for Employment and Solidarity, Ministry for Health, AGEFIPH, COTOREP, ANPE (French national employment agency), CRAM, CAP- Emploi, and PD-ITH.

COTOREP (Commission Technique d’Orientation et de Reclassement Professionel;

Technical Guidance and Vocational Redeployment Commission) plays a key role in determining who is a disabled worker as defined by the Labour Code. It determines in which category a disabled person falls, which can be any of three categories: A (light and temporary disability), B (moderate and long term/lasting disability), C (severe and permanent disability). COTOREP is also consulted on the allocation of other financial benefits. Decisions are made by regional bodies, since there is no national

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COTOREP. COTOREP evaluates the person’s ability to work and guides him towards the work environment, mainstream or sheltered, best adapted to his needs. COTOREP can also direct people to labour market training. Every person who wishes to benefit from one of the measures offered by the law has to go through COTOREP.

AGEFIPH, the Association for the Management of Funding for Integration of Disabled Persons, was created by the Employment Obligation Law of 1987 and its mission is to encourage access to employment and ensure the continued employment of disabled persons in all enterprises of the private sector. AGEFIPH promotes integration of disabled people, provides preparation and training of disabled persons, offers specific aids, and takes measures to provide information and raise awareness of the general public. (Descolonges 2002)

CRAM (Caisse Régionale d’Assurance Maladie) is responsible for assessing work- related disabilities and injuries. CAP-Emploi is a network of providers of specific services for the placement of disabled persons, and comprises enterprise advisers as well as reintegration technicians. These advisers work throughout France in complement to the national employment service. The services offered are free of charge. (Descolonges 2002)

The PDI-TH (Programmes Départementaux d’Intégration des Travailleurs Handicapés; Departmental Programmes for Integration of Disabled Workers, 1992) provide a structured framework for defining a concerted departmental policy of integration of disabled workers in regular employment situations. Thus they provide a forum for dialogue and partnership. Their function is twofold and consists of providing the articulation between national priorities and local realities, and between mainstream measures and specific measures and specialised interveners.

(Descolonges 2002, Triomphe 2003) A1.5 Effectiveness

Following the responses to the questionnaire (from FEGAPEI), the first and most important objective of national employment policy for disabled people is access to the same rights as other workers, with an effectiveness of 60%. Measures that contribute to the effectiveness of this objective include anti-discrimination legislation, tax incentives, equal opportunities, and persuasion policies. In order to achieve this objective, there is a need for global awareness about the ability of disabled people to make a valuable contribution. The second objective is compensation of the effects of disability, accomplished for 70%. Measures required to realise this goal are registration requirement, sheltered employment, workplace adaptations, and protection against dismissal. In addition, it needs a compensation system that is adapted to the situation of each disabled person individually, rather than standard financial and compensation systems.

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Appendix II: Country report Germany

The Severely Disabled Persons Act of 1974 defines disabled people as those who are limited in their capacity for integration into society and have a permanent functional impairment resulting from an irregular physical, mental or psychological condition.

Employment quota schemes and access to sheltered work apply to people with a medically certified degree of disability of over 50% or those who have been declared equivalent by the Employment Service with a degree of functional disability over 30%. (Russell 1998, Thornton & Lunt 1997)

According to the ninth Social Code Book, disabled persons are persons whose physical functions, mental capacities, or psychological health are highly likely to deviate for more than six months from the condition which is typical for the respective age and whose participation in the life of society is therefore restricted.

Severely disabled persons are disabled for at least 50%. (Bundesministerium für Gesundheit und Soziale Sicherung, ILO 2004, p. 17)

In 2003, there were 8.4 million registered disabled people, of whom 6.7 million were severely disabled (50-100%). On average, every tenth inhabitant of Germany was disabled. (Destatis 2005) The unemployment rate for the total population in 2003 was 9% (Eurostat), while the unemployment rate of severely disabled people was 17% in the same year. (NAP Germany 2004, p. 93) In 2004, there were about 175,000 unemployed disabled people (Bundesministerium für Gesundheit und Soziale Sicherung: Bundesagentur für Arbeit)

In 1919, regulations were introduced that required employers to employ severely disabled persons, being victims of war and accidents. Another law including an employment obligation for people with disabilities was created in 1953. In 1974, the Severely Disabled Persons Act (Schwerbehindertergesetz) was enacted, which aimed to ensure the integration of severely disabled persons in employment, occupations and society, with a severely disabled person meaning someone who is disabled for at least 50%. This Act provided protection against dismissal to severely disabled persons. The Act was amended in 1986 and 1990. (Bundesministerium für Gesundheit und Soziale Sicherung, http://www.dredf.org/international/germany.html, retrieved March 30, 2005, Russell 1998, Thornton & Lunt 1997)

In 1994, the Constitution was amended in order to include the declaration that no person shall be discriminated against because of race, gender, religious and political beliefs or disability. (Russell 1998)

Until 1998, the legal basis for all (mainstream active and passive) labour market policies was the Work Support Act of 1969 (Arbeitsförderungsgesetz), which was replaced by the Social Code Book 3 (Sozialgesetzbuch 3). The principal aim of the employment support measures regulated by the Social Code Book is to promote equalisation of the employment market. Mainstream measures are prioritised over measures specifically targeted at disabled people. The Social Code Book compensates disabled persons for being disadvantaged on the labour market. (ECOTEC 2000, p.

94, NAP Germany 2004)

In 2000, the Law to Combat Unemployment of Disabled Persons entered into force (Gesetz zur Bekämpfung der Arbeitslosigkeit Schwerbehinderter). This law aimed to reduce the number of unemployed disabled persons. In order to do so, the quota

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system was adjusted and integration offices (counselling services) were to replace the Hauptfürsorgestellen. (Frick 2002, p. 20)

Social Code Book 9 (Rehabilitation and Participation of Disabled Persons) was enacted in 2001 (Socialgesetzbuch 9: Rehabilitation und Teilhabe behinderter Menschen). It enables disabled persons to lead a self-determined life. The principle of assistance is replaced by the principle of participation. The tools of this Social Code Book are used to promote the integration of disabled people into the labour market, especially those with severe disabilities. (NAP Germany 2004, p. 35-36, Bundesministerium für Gesundheit und Soziale Sicherung)

An important way of achieving this integration is the introduction of the Act on the Promotion of Training and Employment of Persons with Severe Disabilities in 2004 (Gesetz zur Förderung der Ausbildung und Beschäftigung schwerbehinderter Menschen). Improvements in the employment situation are being supported by the

‘job-Jobs without Barriers’ initiative (job-Jobs ohne Barrieren), which has been coordinated by the Federal Government. (NAP Germany 2004, p. 35-36, Bundesministerium für Gesundheit und Soziale Sicherung)

A2.2.1 Anti-discrimination legislation/equal opportunities

The Act on Equal Opportunities for disabled Persons (Gesetz zur Gleichstellung behinderter Menschen) entered into force in 2002. Its purpose is to prohibit discrimination and to help ensure equal rights for disabled persons in many areas of public and private life and their practical everyday implementation. The Act aims to remove all barriers in public life (physical barriers as well as prevailing prejudices) that prevent disabled persons from full participation. (Bundesministerium für

Gesundheit und Soziale Sicherung, http://www.behindertenbeauftragter.de/gesetzgebung/behindertengleichstellungsgeset

z/gesetzestext, retrieved March 18, 2005, Frick 2002, p. 21, http://www.cirnetwork.org/idrm/reports/compendium/germany.cfm, retrieved March 30, 2005)

A2.3 Labour market programmes

Although registration of a disability with public officials is not mandatory, it is required in order to receive special forms of assistance and rights under the Severely Disabled Persons Act. (ECOTEC 2000, p. 95)

A2.3.2 Quota-levy system

An important type of active measure that exists in Germany’s approach to the employment of disabled people is the quota system (a compulsory employment system). Following the amended Severely Disabled Persons Act of 1974 and Social Code Book 9, this quota system requires public and private firms with more than 20 employees to meet a quota of 5% severely disabled employees (Schwerbehinderte) in their workforce. (Up to 1999, a quota of 6% was required for firms employing more than 15 persons.) If they fail to meet this quota, they have to pay a monthly amount per non-employed disabled employee into a compensatory levy fund (Ausgleichsabgabe), which is used only for participation purposes of severely disabled people (to promote rehabilitation and employment). (Frick 2002, p. 6, Bundesministerium für Gesundheit und Soziale Sicherung, ECOTEC 2000, p. 95, 101) The levy fund can be used, for example, to provide grants to employers who

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exceed their quota obligations or to help employers meet any extra costs associated with the employment of disabled persons, such as adaptations to buildings or the provision of extra training. (ILO 2004, p. 36)

A2.3.3 Sheltered employment

Germany provides the opportunity for disabled people who are unable to find employment in the open labour market, to work in sheltered workshops. In 2002, there were 671 sheltered workshops, which employed 227,000 disabled people.

(Bundesministerium für Gesundheit und Soziale Sicherung) The Severely Disabled Persons Act served to regulate sheltered workshops, which had been instituted from the 1960s mainly by church or parents’ organisations. Sheltered workshops are targeted at disabled people (not necessarily severely disabled) who cannot (yet) enter or re-enter the labour market due to the nature or severity of their disability, but who are still capable of doing a minimum amount of economically productive work. The sheltered workshops offer this target group an opportunity for employment or to engage in a suitable activity. A workshop must enable a disabled person to develop, improve or recover his or her ability to work and to earn a wage that matches his or her capacities. Sheltered workshops should have available a variety of jobs and training vacancies, as well as support services. People are referred to workshops by the local Federal Employment Office special section for disabled people, but referrals must be ratified by the workshop’s technical committee. Sheltered workshops are financed by their own economic activities, subsidies from the Federal Employment Office, subsidies from the regional social assistance authorities, subsidies from the compensatory levy fund, and donations. (Thornton & Lunt 1997) The work includes industrial production, arts, crafts, assembly, general services, packaging and dispatching, metalwork, woodwork, and horticulture/landscape conservation. The sheltered workshops offer work, training, social and medical services, and the opportunity for disabled people to develop their professional capacity. The workshops are mainly operated by private entities, but are guided and regulated by the Severely Disabled Persons Act. (Russell 1998) Following the amendment of the social assistance law in 1996, the function of sheltered workshops to ease the transition to the general labour market has been reinforced. (ECOTEC 2000, p. 102)

A2.3.4 Supported employment

Supported employment promotes the provision of training and employment within regular businesses and emphasises on-the-job training. Job coaches for disabled people ensure that the type of support needed for each person is tailored to specific needs. (Russell 1998) At regional level, the Hauptfürsorgestelle may offer integration projects to promote the transition of disabled employees to the open labour market.

(Thornton & Lunt 1997)

A2.3.5 Social firms and Integrationsbetriebe

Social firms have been established to provide permanent, normal, non- institutionalised employment to disabled people in firms where non-disabled people are also employed. These social firms have regular contracts and wages in accordance with collective agreements and allow their target group to explore working life, practical training, and reintegration. The working environment is adapted to the needs of individual workers and the social firms provide rehabilitation and training on the job. They are mainly aimed at people with mental health problems and psychiatric disabilities, who are typically excluded by sheltered workshops and regular firms.

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Social firms are run by non-governmental organisations, brought together in 1985 in a national umbrella organisation (FAF). They operate as economic enterprises, depending on subsidies available through the compensatory levy fund (Ausgleichsabgabe). (Russell 1998, Thornton & Lunt 1997)

As pointed out by GDW-Nord, since about 5 years, so called Integrationsbetirebe exist in Germany (integration companies). These are companies where about 50% of the employees is disabled and 50% non-disabled, working together as in a regular company. The employees have a regular employment contract and earn wages equivalent to regular companies. Integrationsbetriebe are subsidised by the government. They can be e.g. hotels, restaurant, cafes, garden service companies, supermarkets, and production companies (of e.g. cables and metal).

The majority of disabled people who work in Integrationsbetriebe have come from sheltered workshops. If they cannot fulfil the requirements of the Integrationsbetriebe, they can return to a sheltered workshop. Integrationsbetriebe have the aim of integration of disabled people, who are trained and qualified on the job for several years. If possible, they can try to transfer to a regular company after a couple of years.

However, due to the high unemployment rate in Germany, the transition rate is low.

Several types of wage subsidies exist in order to promote employment of disadvantaged groups on the labour market, including disabled people. Wage subsidies are granted to employers when a disabled worker has a lower productivity level. The amount of the subsidy depends on the severity of disability and other factors which impede integration into the open employment sector, such as age. Wage subsidies are awarded for a limited time, with a maximum duration of three or eight years, depending on various factors. (Thornton & Lunt 1997, ILO 2004, p. 58)

Under the Severely Disabled Persons Act and nowadays the Social Code Book, disabled employees are protected against dismissal, since the employer needs to get permission from the integration office to dismiss a disabled person. (Russell 1998, Frick 2002, p. 8-9, Bundesministerium für Gesundheit und Soziale Sicherung)

Employers are obliged to adapt the workplace for severely disabled individuals according to their needs, which is financed through the compensatory levy fund.

Employers may apply for loans or grants in order to comply with reasonable accommodation duties. Employers who are not subject to reasonable accommodation or quota obligations can also apply for grants to make their worksite and workplaces accessible. (ILO 2004, p. 58)

A2.3.9 Passive measures: social security & disability benefits

Disabled people have the right to social security benefits. Disability risks are mainly covered by the statutory pension scheme (Gesetzliche Rentenversicherung; GRV).

The most important disability benefits are disability pensions. Rehabilitation benefits are provided if they can reduce impairments to the ability to work, prevent workers from a premature exit from working life, or reintegrate them into working life.

(Viebrok 2003, Bundesministerium für Gesundheit und Soziale Sicherung)

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Germany has established the action programme Labour Market Integration of Disabled Persons (Aktionsprogramm Berufliche Integration Schwerbehinderter). This is an information campaign that promotes the solidarity with disabled persons, emphasises their abilities, reduces prejudices in daily life as well as prejudices of (potential) employers, and offers technical as well as financial assistance to employers willing to hire disabled persons. (Frick 2002, p. 20)

A2.4 Responsibilities

The key actors in the field of disability policy are the Ministry of Labour and Social Affairs (Bundesministerium für Arbeit und Sozialordnung), the Ministry of Health and Social Security (Bundesministerium für Gesundheit und Soziale Sicherung), the Federal Employment Office, the welfare agencies of the länder (Hauptfürsorgestelle) and private welfare organisations. The determination of disability status is the responsibility of a special independent welfare institution (Hauptfürsorgestelle).

(ECOTEC 2000, p. 94)

Labour market policies are organised by the Federal Employment Office. A number of other institutions are also in charge of promoting the reintegration of disabled persons in the labour market. These are the branches of the mandatory social security system: the pension system (old age insurance) and the accident insurance, as well as the Hauptfürsorgestellen, a public agency in charge of the Severely Disabled Persons Act that has regional headquarters in every county (Bundesland). These regional headquarters are called Integrationsämter (integration offices). The Severely Disabled Persons Act is applied by the Hauptfürsorgestellen of the Länder and the Federal Employment Office. (Frick 2002, p. 18-20)

At federal level, a division of the Ministry of Labour and Social Affairs is responsible for relief payments to war victims, laws relating to disabled people and vocational integration of disabled people. The Federal Employment Office comes under the legal supervision of the Ministry of Labour and Social Affairs. (Thornton & Lunt 1997) The umbrella organisation for sheltered employment is Bundesarbeitsgemeinschaft Werkstätten für behinderte Menschen e.V. (BAG WfbM), which is also a member of Workability Europe.

A2.5 Effectiveness

The aim of the quota system is to improve employment opportunities for disabled people. However, only a small part of the employers actually meet the quota. A risk of this quota-levy system is that employers will not hire disabled people, but instead just pay the levy. In contrast, many disabled people are employed in smaller firms that do not have to meet the quota. Another objection to the quota system is that it requires disabled persons to register as disabled, which emphasises deficiencies rather than possibilities. (Russell 1998) In 1998, the average quota was 3.8% because only a minority of less than 20% of all public and private employers fulfilled their legal obligation. About 40% did not at all employ disabled people while a similar percentage remained below the threshold required by the Severely Disabled Persons Act.

An employer needs to get permission from the Regional Assistance Office (Hauptfürsorgestelle) to dismiss a disabled employee. Although this protects employees, it might also induce firms not to employ disabled people, because employers realise that they cannot dismiss the employees without approval. (Russell 1998, Frick 2002, p. 8-10) The Ministry of Health and Social Security certifies, on the

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other hand, that if measures of assistance show that continued employment of the severely disabled person is unreasonable, the dismissal is approved. Consequently, protection against dismissal should not be an obstacle to recruitment for employers.

(Bundesministerium für Gesundheit und Soziale Sicherung)

According to the response to the questionnaire (from GDW-Nord), the first objective of German employment policy for disabled people is to integrate disabled people in the free labour market, which is hardly realised at all (near 0% effective). A barrier to achieving this objective is the high level of unemployment. The second objective is to qualify disabled people to give them the chance to work in the open labour market in so called Integrationsbetrieben (accomplished for only a very few %). Again, a barrier for realisation of this goal is the high level of unemployment. As GDW-Nord points out, it is very difficult to integrate a disabled person in the open labour market, because of the high unemployment rate and special laws (e.g. protection against unlawful dismissal for disabled people). Therefore, there is a need to qualify disabled people and search for opportunities to bring them on the open labour market, e.g. by means of Integrationsbetriebe. The third objective is to offer disabled people employment in a sheltered workshop and qualify them to go up step by step, which is an effective system.

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Appendix III: Country report the Netherlands

There is no single definition of disability or a disabled person in the Netherlands. The laws concerning disability benefits (WAO, WAZ, and WAjong), sheltered employment (WSW) and supported employment (REA) all use their own definition.

(ECOTEC 2000, p. 199)

In general, a person with a disability is someone who is limited in his or her functioning as a result of a physical or mental impairment. Such limitation is of a lasting or permanent nature, which means that people with a disability are threatened in their personal development. (Retrieved May 24, 2005, from http://europa.eu.int/comm/employment_social/social_protection/missoc_info_en.htm) The target group of the Sheltered Employment Act (WSW) consists of persons who are unable to find employment in regular firms, due to medical disability or limitations, and who therefore need specially adapted working conditions which are not possible in the regular labour market.

Disability benefits are available for those people who as a result of sickness or impairment cannot earn through work what non-disabled people with comparable education and work experience usually earn. (Brunel University 2002, p. 131)

The Constitution (1983) prohibits discrimination on the grounds of religion, belief, political opinion, race, sex, or any other grounds. In 1986, the Handicapped Workers Employment Act (WAGW; Wet Arbeid Gehandicapte Werknemers) came into effect.

This was the first major reintegration act in the Netherlands, requiring employers to promote equal opportunities for disabled people. (Nyfer 1996, p. 17) WAGW was concerned with equity and the interests of disabled persons. It required employers to accommodate the workplace for disabled people, for which the employer could receive financial support. It also protected disabled employees against dismissal.

(Nyfer 1996, p. 86) The WAGW has, however, never been seriously implemented, and was replaced in 1998 by REA. (Van Oorschot & Boos 2000)

In 1994, the General Act on Equal Treatment (AWGB: Algemente Wet Gelijke Behandeling) was enacted, which protects people against discrimination based on religion, belief, political opinion, race, sex, nationality, hetero- or homosexuality, or marital status.

A.3.2.1 Anti-discrimination legislation/equal opportunities

In 2003, the Act on equal treatment on the grounds of handicap or chronic illness was introduced (Wet gelijke behandeling op grond van handicap of chronische ziekte;

WGBH/CZ). This law prohibits discrimination based on disabilities or chronic illnesses and requires an employer to adapt the workplace, if needed to enable a disabled person to take on employment. The act applies to employment, vocational education, and public transit. (http://www.handicap.nl/, retrieved June 27, 2005, http://www.cgb.nl/asp/wetgeving.asp, retrieved March 29, 2005, http://www.cg- raad.nl/gelijkebehandeling/index.html, retrieved March 29, 2005, http://www.minvws.nl/folders/dgb/handicap_of_chronische_ziekte_gelijke_behandeli ng_wettelijk_geregeld.asp, retrieved March 29, 2005)

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A3.3. Labour market programmes/measures

Disabled people in the Netherlands are not required to be registered as disabled.

(Thornton & Lunt 1997) Since there is no registration obligation, there are no exact data about the number of disabled people in the Netherlands.

A3.3.2 (No) quota system

There is no quota system in the Netherlands. (Zwinkels 2002, p. 10-11, Thornton &

Lunt 1997) A discussion in SW-journaal (November 2003) points out the general opposition of the Netherlands against a quota system, due to the opinion that employing disabled people should not be an obligation, but rather it should be companies’ own initiative. Nyfer (1996, p. 5-6) also argues against a quota system.

A non-binding quota system existed in the Netherlands in the mid-1980s. Legislation was adopted which required employers to facilitate the employment of disabled people, and a quota target of 3-5% was set, to be achieved over three years. The voluntary quota system covered all people who were entitled to claim disability benefit, as the main aim of the system was to reduce the number of claimants. When the government assessed the effectiveness of the voluntary quota system after the three-year period, it concluded that there had been little improvement in the employment situation of disabled people and abolished the system. Legislation introduced in the late 1990s provided for the possibility of introducing a binding quota of 3% to 7%, an option that has never been seriously considered so far. (ILO 2004, p. 40)

A3.3.3 Sheltered employment A3.3.3.1 Historical overview

The Netherlands has a long history of providing employment to disabled people, especially by means of sheltered employment, which is the single main way of providing employment to disabled people in the Netherlands. Sheltered employment involves a large amount of expenditures. The central government provides subsidies to the municipalities, that in turn subsidise sheltered workshops. Annually, the central government offers about €2.2 milliard in subsidies for the WSW. (IWI 2005, p. 7) Although the first laws covering employment for disabled people date from around 1950, private workplaces that provided work to persons with disabilities already existed before 1900. The first legislation for the employment of disabled people was enacted in 1947 in the Employment of the Disabled Act, but many of the provisions of this Act have since then been modified. (Thornton & Lunt 1997) In 1969 the Sheltered Employment Act (Wet Sociale Werkvoorziening; WSW) was introduced, as a result of which the private workplaces were replaced by public workplaces. The government subsidised the wages of the employees completely and paid 80% of the exploitation of the workplaces. This Act involved ‘open end financing’, meaning that there was no upper limit for the budget of the workplaces. The amount of financing did not depend on the number of people employed and there were no limits on the amount of financing that workplaces could receive from the government.

In 1989 the Sheltered Employment Act was adjusted for the first time. A financing system based on a budget replaced the open end, no limit financing. This means that the workplaces were awarded a specific amount of money, rather than being able to request more subsidies if needed. As a result of this, the focus shifted to production, which became more important as a source of income. The wages of the employees

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were no longer related to the work they accomplished, which offered them a higher level of financial independence. The adjusted Act decentralised the responsibility of the exploitation, which shifted from the central government to the municipalities.

The Act was adjusted again in 1998 (new WSW; nWSW), with more emphasis on the budget financing and stricter criteria for entering the Sheltered Employment Act. In addition, supported employment was introduced, with the aim of placing 25% of the new entrants in the WSW with regular companies, on a yearly basis.

A modernisation of the WSW is planned for the year 2007, with an increasing focus on regular employment in a regular environment, that is, employment in regular companies rather than in sheltered workshops. The objective is to provide supported employment to 25% of all people involved in the WSW. Therefore, the government aims to adjust the financing in such a way that it promotes supported employment, although at this moment it is not yet clear how this should be achieved.

(http://www.cedris.nl, retrieved March 10, 2005) A3.3.3.2 Cedris

Cedris is the umbrella organisation for sheltered and supported employment and (re)integration in the Netherlands, based in Utrecht. There are about 90 sheltered workshops in the Netherlands, most of which are organised in the umbrella organisation Cedris. Together these sheltered workshops employ 97,720 people through the WSW, out of a total population of 16 million people. (Research voor beleid 2004, p. 8)

The members of the umbrella organisation Cedris consist of 89 sheltered workshops that are directly subsidised by the government and one that does not get subsidies from the government. In addition, municipalities receive subsidies from the central government and decide themselves on the distribution of these subsidies towards different programmes and organisations. Part of these subsidies go to sheltered workshops. 23 municipalities are members of Cedris.

Cedris lobbies for the political interests of its members at both a national level (the Hague) and European level (Brussels). In addition, the organisation provides information and public relations and it establishes cooperation within subsidised projects and policy design and implementation. Other tasks are the publishing of reports, periodicals, and newsletters, providing training, doing research, and being spokesman towards the media on behalf of the Dutch sheltered employment sector.

Cedris also communicates with the Dutch ministry responsible for sheltered employment (the Ministry of Social Affairs and Employment), and with the Association of Dutch Municipalities (Vereniging Nederlandse Gemeenten), amongst others. The members of Cedris are focused on regional and local tasks, but Cedris itself acts in the collective interests of its members on a national and international level. (http://www.cedris.nl, retrieved March 10, 2005) One of the ways that Cedris works at an international level, is through its membership of Workability Europe.

A3.3.3.3 Aim and target group of WSW

The target group of the new Sheltered Employment Act consists of persons who are unable to find employment in regular firms and can only work under adjusted circumstances, due to a physical, mental or psychological (medical) disability. They have a productive capacity of at least 10%. (de Volkskrant, Friday March 11, 2005) It is not for those with social handicaps, because there are special regulations and laws for this category of people (including WIW & I/D, now WWB). The aim of the Act is to offer suitable employment to disabled people and maintain and develop their work

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capacities to a maximum extent. In addition, the new WSW stimulates the transition to open employment, that is, employment of disabled people in regular businesses.

(Van Genabeek et al. 2003, p. 7, 11-12)

The number of people involved has been high ever since the WSW was introduced, due to the fact that the Sheltered Employment Act included all people for whom there was no other social security benefit. Furthermore, this number has been growing, as can be seen in Figure A3.1.

Figure A3.1: Number of employees in WSW At the end of each year, except for 2004 (half year)

(Source: Research voor beleid, WSW-statistiek 2004, p. 17-18)

86000 88000 90000 92000 94000 96000 98000 100000

1997 1998 1999 2000 2001 2002 2003 2004 Year

Number of WSW employees

There are 3 categories of permanently subsidised employment within the Sheltered Employment Act, which are sheltered employment, detachment, and supported employment. (Van Genabeek et al. 2003, p. 11) With detachment, the employee remains employed by the sheltered workshop, while working with a regular company, either in the public or private sector, that pays a compensation to the sheltered workshop. With supported employment on the other hand, the disabled person becomes employed by a company. The company receives a wage subsidy from a sheltered workshop that provides support to the disabled employee and in turn is subsidised by the government. (SW-journaal March 2005, Nyfer 1996, p. 26-32) Currently, 90% of the employees covered under the WSW work in sheltered workshops, while 9% is detached, and the remaining 1% works through supported employment. (http://www.minszw.nl, retrieved March 29, 2005)

According to Van Genabeek et al. (2003, p. 13-14), the WSW has 3 objectives, which are a social objective (to provide work to disabled people who cannot work in regular companies), productivity objective (to use the labour capacity of disabled people), and transition objective (to regular/open employment). These 3 objectives can be conflicting and form a dilemma of contradicting objectives. To illustrate, those people that work within sheltered workshops have more limited work capacities than those that are placed outside through supported employment. This reduces the range of possible activities that can be performed in sheltered workshops.

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A3.3.3.4 Activities of sheltered workshops

Sheltered workshops provide a variety of activities. These include industrial work (electronic, metal work, packaging, assembly work, textiles), administrative work (printing, copying, data entry, brochures, magazines, mailings, graphical), cultural and civil-technical work (maintenance of parks, public gardens, cultivating plants and flowers, building/construction work, painting, road repairing, wood), and services (catering, security, cleaning). (Thornton & Lunt 1997, Nyfer 1996) With the shifting focus from working in sheltered environment to working in regular businesses, the sheltered workshops increase their efforts to place their employees outside of the workshops (supported employment), a process that changes the role of the workshops.

A3.3.3.5 Responsibilities: the role of municipalities and the CWI

Up to January 1, 2005, people that applied under the WSW were screened by municipalities, in order to determine whether they belong to the target group. These screenings (or assessments) are called WSW-indications. Since January 1, 2005, (re)indications are the responsibility of CWI (Centre for Work and Income), while municipalities refer individuals to a CWI. When a person has been identified as belonging to the target group, he or she is categorised as either light, moderate, or severely disabled. Because of the fact that the new WSW has put a higher priority on reintegrating people into regular/open employment, re-examinations take place every 2 to 5 years, to see if people still belong to the target group.

Municipalities are responsible for promoting opportunities for participation in the labour market of the target group and find appropriate work that helps maintain and develop their work capacities. Municipalities are responsible, while sheltered workshops implement and carry out. This can be either employment in sheltered workshops or in regular companies (supported employment or detachment/

outplacement). Furthermore, municipalities are no longer subsidised for running sheltered workshops. Instead, they receive a subsidy for every disabled inhabitant that has a job in sheltered employment, depending on the severity of the disability. Local authorities are now entirely responsible for the negotiations concerning labour conditions of the workers in sheltered employment. In short, the role of municipalities has increased under the new Sheltered Employment Act. (Zwinkels 2002, p. 16-17, Van Genabeek et al. 2003, p. 11-12)

A3.3.4 Supported employment

Supported employment is only a recent phenomenon in the Netherlands, introduced in the new WSW of 1998. Relevant legislation regarding supported employment includes especially REA, and to a lesser extent WIW. Mid-2002, there were 910 supported employment places. The new WSW (1998) aims to place 25% of the new entrants in the WSW with regular companies, on a yearly basis, while the goal for the future is to provide supported employment to 25% of all people involved in the WSW. However, supported employment has both supporters and opponents, with some regarding the 25% as unrealistic, while others argue that many more people could be placed in supported employment. (SW-journaal November 2003 and January 2005, http://www.cedris.nl, retrieved March 10, 2005) Supported employment in the Netherlands involves a disabled person being employed by a regular company, for which the company receives a wage subsidy from a sheltered workshop. The sheltered workshop provides support to the disabled employee in the form of job coaching.

The (Re)integration of the Work Disabled Act (REA; Wet op de (Re)integratie van arbeidsgehandicapten) came into force in 1998. It provides instruments and subsidies

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to create possibilities for employers and institutions to rehabilitate disabled persons.

The REA has replaced the WAGW (Handicapped Workers Employment Act), adding wage subsidies to the existing set of rehabilitation measures. The status of work disabled is provided for 5 years, after which it has to be re-established. REA provides subsidies to employers who make costs for maintaining or restoring the productivity of disabled workers. These subsidies include schooling, training, (job)coaching, and accommodation of the workplace or work conditions. Under this scheme, a disabled worker should be paid an equivalent wage. However, if his productivity is lower than that of a non-disabled worker in an equivalent job, the company may pay a lower wage, with the wage reduction being compensated by a partial disability benefit. The main target of the REA is to prevent the outflow of disabled individuals from the labour market. (Zwinkels 2002, p. 17-19, 25-56, Thornton & Lunt 1997, Aarts & de Jong 2003, p. 263) Three parties are responsible for implementing REA, which are the Lisv (National Institute for Social Insurance), the municipalities, and the Public Employment Service (CWI). On January 1, 1998, the new Jobseekers Employment Act (WIW; Wet Inschakeling Werkzoekenden) was enacted. The WIW is an integrated regulation for subsidised employment, with an objective of transition to regular employment. Three types of instruments can be distinguished within the WIW. The most important instrument of the WIW is employment of long-term unemployed by municipalities, that detach the workers with both public and private employers. The second instrument consists of work experience places, meaning that an employee is placed with an employer in the private sector, for which the employer receives a wage subsidy. The third instrument is social activation, aimed at improving social capacities and independence, as well as experiencing a work environment.

(Zwinkels 2002, p. 13-14, http://www.cedris.nl, retrieved March 10, 2005)

Following the efforts of minister Ad Melkert, so called Melkert jobs were created in 1995. The Regulation Extra Employment Long-term Unemployed (Regeling Extra Werkgelegenheid Langdurig Werklozen; EWLW), also called Melkert I jobs, provided 40,000 jobs for long-term unemployed in the sectors inspection, education, childcare, and care. In 1999, these jobs were succeeded by so called I/D jobs (Besluit In- en Doorstroombanen). 20,000 additional jobs were made available and the participating sectors were extended to the complete collective and non-profit sector.

I/D jobs offer an unemployed person a subsidised job in the public or non-profit sector, paid by the municipality, for an indefinite period of time. Up to 2003, the jobs were fully subsidised. In 2003, I/D jobs could also be applied by detachment. (Zijl et al. 2002, http://www.cedris.nl, retrieved March 10, 2005)

WIW and I/D were meant to act as a transition towards regular employment.

However, it turned out that they did not work as intended. Therefore, the Work and Benefits Act (WWB; Wet Werk en Bijstand), which was enacted in 2004, replaced I/D and WIW. Municipalities now have one budget for the reintegration of unemployed people. They are supposed to contract out as many reintegration activities as possible to the market. (NAP 2004 the Netherlands, p. 9-10, http://www.cedris.nl, retrieved March 10, 2005)

Under the REA Act, employers are eligible for a subsidy (placement budget) if they hire a disabled person for at least six months or permanently. In addition, employers are entitled to a subsidy (reallocation budget) if they allocate a new job to an employee who has become unable to perform the job for which he was initially employed. Public subsidies can be provided to employers who request a tailored

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subsidy package when the reintegration costs exceed the placement budget or reallocation budget. (ILO 2004, p. 60, Aarts & de Jong 2003, p. 263)

With the introduction of the Act on equal treatment on the grounds of handicap or chronic illness (WGBH/CZ), it is legally prohibited to dismiss an employee on the basis of his or her disability, if it does not prevent a person’s ability to perform his or her work. (http://www.cg-raad.nl/gelijkebehandeling/index.html, retrieved March 29, 2005) An employer is obliged to seek a suitable job that fits a person’s capabilities.

A3.3.7 Self-employment

Following the REA Act, disabled people can apply for a grant to start their own enterprise (known as REA starterskrediet).

The REA Act provides subsidies to employers for adapting the workplace or work conditions (previously covered under AAW).

A3.3.9 (Tax) incentives for employers

Companies whose share of disabled employees makes up more than 5% of total staff are exempt from paying the base disability insurance premium for those workers (on the basis of the REA Act). If the share is 4% or 3%, they are awarded an exemption of 2/3 or 1/3, respectively, of the base premium. (Aarts & de Jong 2003, p. 264, ILO 2004, p. 42) Each employer hiring a disabled person is eligible for a reduction on employers’ premium for WAO and WW (Werkloosheidswet; Unemployment Act).

The reduction is in total € 2,042 per year. Every employer who keeps an employee who has become disabled, receives a single reduction of a maximum of € 2,042 on the WAO and WW premium. (http://www.handicap.nl/, retrieved June 27, 2005)

Subsidies may be granted to the employer for the costs of facilities and services related to (re)integration. These include special furniture, transport facilities, and education or training facilities. (ILO 2004, p. 58)

A3.3.10 Passive measures: social security & disability benefits

The official term for workers who receive disability benefits is ‘unfit for work’, not

‘disabled’. Under the social security legislation a person is legally unfit for work when the capacity to obtain an income from labour is diminished. The degree of disablement is defined as the difference between what a person actually earned (earned income) and what he could earn now (the remaining earning capacity).

(ECOTEC 2000, p. 199, Thornton & Lunt 1997)

Due to the increasing amount of people dependent on the extensive social security system (passive measures) several adaptations of this system have been proposed and enacted. This restructuring of the social security system is aimed at stimulating reintegration into the labour market and decreasing the number of people receiving disability benefits. (Menken 1997) According to a research of the OECD (2004), there are almost one million persons receiving a disability benefit, representing 9% of the working age population, which makes this group the largest potential pool of inactive labour to be activated through social policy reform. The same research states that, as a precondition for successful reintegration, the benefit system should become less attractive. Beljaars and Prins (2000) indicate that restructuring the disability benefit programme is aimed at restricting expenditures of both the sickness and the disability

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benefit programmes, preventing withdrawal from the labour market and increasing participation in gainful employment, and reducing costs and improving the quality of administration. In the past, income security became more important than job security, placing the social security system under a prohibitively large pressure. Therefore, reforms of the social security system were needed and introduced. There is now a shift from passive to active measures (activation).

The Disability Insurance Act for the employed (Wet op de Arbeidsongeschiktheidsverzekering; WAO) came into effect in 1967. The WAO insures against loss of income due to long-term disablement. Many people have become reliant on payments under this Act. In 2004, 765,900 persons received WAO.

(UWV 2005, p. 12) Employees who have been unable to work for more than 2 years due to illness or disability are eligible for a wage-replacing benefit (WAO). The amount and duration of the WAO benefit depend a.o. on the degree of disability, wages, and age. The minimum degree of disablement to get a benefit is 15%. The maximum age to get a disability benefit is 65 years. (Triomphe 2003) The WAO is to be replaced by the WIA (Wet Inkomen naar Arbeidsvermogen), starting January 1, 2006. (http://www.handicap.nl/, retrieved June 27, 2005)

In 1998, the PEMBA act was introduced (Wet premiedifferentiatie en marktwerking bij arbeidsongeschiktheid; Invalidity insurance (differentiation in contributions and market forces) act). This Act has changed the funding of the WAO, by making the employer responsible for payment of the WAO contribution. Also in 1998, the Reintegration Act came into force, which offers more means of helping disabled people to find work. (Menken 1997)

The Self-employed Persons Disablement Benefits Act (WAZ; Wet Arbeidsongeschiktheidsverzekering Zelfstandigen) protects self-employed persons against the financial risks of disablement. The WAZ concerns those who are self- employed, younger than 65, and disabled for at least 25%. The right to the benefit starts after 52 weeks. The WAZ was abolished in 2004. (http://www.minszw.nl, retrieved March 18, 2005)

The Disabled Assistance Act for Young Disabled Persons (WAjong) is intended for young people who have become disabled, and are so since their youth, and are not eligible for WAO because they have never worked. It can be applied for by young people of 17 years of age and over, who are occupationally disabled for at least 25%.

(http://www.minszw.nl, retrieved March 18, 2005)

WAZ and WAjong have replaced the General Disablement Pensions Act (AAW), in existence sine 1976. The former AAW was not only a disability benefit scheme, but also covered payment of measures taken to maintain, recover or facilitate the ability to work, i.e. special arrangements and adaptations at work.

Up to 2002, the benefits were administered by separate social insurance agencies under contract with the National Institute of Social Insurance. In 2002, these agencies were replaced by one public service; the national Social Insurance Institute (UWV;

Uitvoeringsinstituut Werknemersverzekeringen), which administers the Disability and Unemployment Insurance benefit programmes. In addition, the UWV performs disability assessments. (Aarts & de Jong 2003)

In 2003, the Commission the Working Perspective (Commissie het Werkend Perspectief) was established. This Commission publishes research about attitudes and awareness of the general public (employers, media, politics) towards disabled people and the employment situation of disabled people. They aim to raise awareness about

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contributions and abilities of disabled people, thus promoting the employment of disabled people. Attention in the media for disabled people and their abilities is limited. (http://www.werkendperspectief.nl, retrieved July 15, 2005) One of the initiatives of this Commission is Crown on the Work (Kroon op het Werk). This is a price that is awarded to the employer who pursues effective and excellent Disability Management. The Commission thus identifies and publishes best practices in the field of reintegration and employment for disabled. (http://www.kroonophetwerk.nl, retrieved July 15, 2005)

A3.4 Division of responsibilities

The Ministry of Social Affairs and Employment is responsible for both labour market policy and income security. The municipalities have administrative responsibility for directly subsidised job creation schemes established by the Ministry of Social Affairs and Employment. These include sheltered workshops and supported employment schemes. (Thornton & Lunt 1997)

The Public Employment Service in the Netherlands facilitates the job-search process by giving information on the labour market to employers and employees and matching of supply and demand of labour. The front office of the PES consists of approximately 130 regional Centres for Work and Income (CWI). In order to get a benefit it is necessary to register at a CWI. In the centres job seekers are registered, supported and matched with vacancies. The centres act as one-stop-shops, enabling people to register as job seeker and apply for benefits and preventing them to give the same information more than once. The purpose is also that benefit assessment and payment takes place only after possibilities for participation are assessed. In a CWI every unemployed person gets an intake interview in which his distance to the labour market is measured with a profiling system. The profiling results in a classification in one of four phases, which indicate whether the person can find a job himself or needs to be helped with or without the use of instruments. (Zwinkels 2002, p. 9)

This service providing is mainstream including disabled persons. This has not always been the case. Until 1998 five social security agencies carried out rehabilitation of people with a disability benefit. From 1998 until 2000 the responsibility for people with a disability benefit was taken over by the Public Employment Service. From 2001 onwards the rehabilitation is outsourced to private rehabilitation service providers. As a result, the Public Employment Service has been divided in a public and a private part, the latter offering rehabilitation services on the privatised market.

(Zwinkels 2002)

Up to 1998, the Ministry of Social Affairs was responsible for labour negotiations, but starting 1998, the municipalities took over this responsibility. The individual municipalities are organised in the Association of Dutch Municipalities (Vereniging van Nederlandse Gemeenten; VNG), which has taken over the negotiation process from the Ministry. (Retrieved January 18, 2005, from http://www.rekenkamer.nl/cgi- bin/as.cgi/0282000/c/start/file=/9282300/modulesf/g2yj1vap, VNG 1997, Cazemier- Kleij 1985)

In 2002, the five public disability benefit agencies (Cadans, Gak, GUO, SFB, and USZO) were merged into a single one: UWV (Uitvoeringsinstituut Werknemersverzekeringen); Social Insurance Institute. (OECD 2004) The UWV is responsible for the disability benefits system, such as WAO. (http://www.minszw.nl, retrieved March 18, 2005)

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A3.5 Effectiveness

The overarching way of providing employment to disabled people in the Netherlands consists of placement in sheltered workshops. Although they perform productive activities in an adjusted working environment, a risk of these workplaces is that the disabled get isolated because they are excluded from society (social exclusion).

Supported employment on the other hand, can help in stimulating reintegration of this group into society. However, the target transition rate of 25% WSW employees in supported employment has by far not been reached. In 2004, only 7% of all new entrants in the WSW had been placed in supported employment. (Research voor beleid 2005, p. 16). Although sheltered employment is supposed to be a preparation to open employment, transition from sheltered workshops to regular companies is very limited. (Nyfer 1996, p. 101) Wages of WSW employees are subsidised to such an extent that they are the same as under regular circumstances. Since these employees would earn less if they were to be employed on the open labour market, this works as a disincentive for transition to regular employment.

At this moment, 6% of the new entrants in WSW gets a job through supported employment, while only 1% of the total WSW employees works through supported employment. The goal is 25%. A risk of transition to supported employment is that only severely disabled people work in sheltered workshops, which makes it harder for the workshops to compete and operate profitably. Despite availability of subsidies for employers, they are unwilling to employ disabled people. (SW-journaal March 2005) Following the answers on the questionnaire, the three main objectives of the system of providing employment to disabled people in the Netherlands are as follows. The first and most important objective is to provide adapted working conditions to persons with a disability. The second aim is to work under conditions that are as regular as possible. Finally, the third objective is to let this result in work in the regular labour market, if possible. The extent to which these objectives are achieved (their effectiveness), differs widely. The first objective has been achieved to a degree of 90%, the second of 15%, and the third of 1%.

According to Cedris’ responses to the questionnaire, the most important objective of Dutch employment policy for disabled people is to provide adapted working conditions to disabled persons. The existence of sheltered employment and workplace adaptations contribute the most to achieving this objective, which is attained for 90%.

However, the budget (on a national level) is not sufficient to provide work for every person in the target group.

Supported employment and wage subsidies play the most important part in realising the second objective, which is to enable disabled people to work under conditions that are as normal as possible (achieved for 15%). Barriers to achieving this objective are the legal status of employees and the collective labour agreement for employees in sheltered workshops, as well as prejudices of employers against disabled persons.

A third objective of Dutch employment policy for the disabled is transition to the regular labour market, if possible (realised for 1%). A barrier is again the legal status of employees and the collective labour agreement for employees in sheltered workshops.

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Appendix IV: Country report Poland

Introduction

Poland has long been a communist country. Only recently, the switch to a free market economy has been made. Unemployment is still very high in Poland, which particularly affects disabled people. Especially outside of bigger cities, the situation of disabled people needs improvement. A social and economic transformation process was initiated in 1989, which changed the conditions of the functioning of the rehabilitation process and employment of disabled people. Disabled people face barriers to integration, which need to be lowered. (Kim 2003, Zolkowska & Kasior- Szerszen 2002) As the organisation Integracja points out, the Polish legislation in the field of disability gives prospect for the improvement of the disabled persons’

situation. But the pace and extent of implementation of this legislation largely depend on available financial resources. The Polish government receives a large amount of funding from the EU (European Social Fund) to support a set of projects regarding employment of disabled people. Increasing the level of vocational activity of disabled people requires stable law regulations. Unfortunately, since 1997 The Act of Vocational and Social Rehabilitation on Employment of Disabled Persons has been amended over 36 times. (Poland Office of the Government Plenipotentiary for Disabled People 2005)

Beginning with the 1991 Employment and Vocational Rehabilitation of the Disabled Act, the introduction of the concept of a disabled person replaced the previously applied term of invalid. According to the Act, a disabled person is an individual with an essential physical, psychical, or mental impairment that impedes the individual’s ability to earn wages. (Zolkowska & Kasior-Szerszen 2002)

In 1997, the definition of disability has been replaced again. Assessment of disability is now carried out in accordance with the 1997 Act on Vocational and Social Rehabilitation and Employment of Disabled Persons. The provisions of this Act concerning disability assessment were considerably amended in 2002 and came into force in 2003. Following the definition included in this Act, disability means permanent or periodic inability to perform social roles due to permanent or long-term body impairment, in particular resulting in inability to work. Disability of a person should be confirmed by a legal decision on qualifying by assessing teams to one of the three disability degrees defined in the Act (severe, moderate, or minor), or total or partial inability to work under the separate legislation concerning social insurance system. (Poland Office of the Government Plenipotentiary for Disabled People 2005) Generally, the disabled population consists of persons with legally confirmed disability (legal criteria) and persons not possessing such a confirmation but who subjectively classify themselves as disabled (biological criteria). The National Census of 2002 shows that there are 5.457 million disabled people in Poland (14.3% of the total population of Poland), with 4.450 million of them having the legal confirmation of disability (11.6% of the total population of Poland). Cyclical (quarterly) Labour Force Surveys (LFS) provide current data on the number of legally disabled persons in the age of 15 and over. The Survey for the 4^th quarter of 2002 shows that there are 4.235 million disabled persons in the age of 15 years and over, including 733,000 that are economically active, of which 611,000 persons declared that they are employed.

There are 2.782 million disabled persons aged 15 to 64 years. Among this group