igos partnership project - unapei partnership project “quality work settings for all” project...

LIFE LONG LEARNING PROGRAMME 2007 – 2013 LEONARDO DA VINCI - PARTNERSHIPS

PROJECT-NO.: 2009-1-IE1-LEO04-00708 2 01.08.2009 – 31.07.2011

IGOS PARTNERSHIP PROJECT

“QUALITY WORK SETTINGS FOR ALL”

PROJECT REPORT

PARTNERS:

• BAG:WfbM, Germany

• European Association of Service Providers of Persons with Disabilities (EASPD), Belgium (Flanders)

• Institute for Community Rehabilitation (ICR), Greece

• Jugend am Werk, Austria

• Scuola Viva Onlus, Italy

• Unapei, France

• Varios Cooperativa de Solidariedad, Portugal

ASSOCIATE PARTNER:

• COPE Foundation, Ireland

July, 2011

Website: www.igosproject.eu

This project has been funded with support from the European Commission.

This publication [communication] reflects the views only of the author, and the Commission cannot be held responsible for any use which may be made of the information contained therein.

IGOS PARTNERSHIP PROJECT “QUALITY WORK SETTINGS FOR ALL” PROJECT REPORT

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Table of Contents

Table of Contents ..............................................................................................................................2

2 Project Overview .....................................................................................................................8

3 Work Plan 1: Collection of Data, Statistics and Definitions on the project subject

matter from all partner countries............................................................................................ 10

3.1 National Historical Overview ........................................................................................................................ 10

3.1.1 Austria .............................................................................................................................................................. 10 3.1.2 Belgium (Flanders) ...................................................................................................................................... 12 3.1.3 France ............................................................................................................................................................... 14 3.1.4 Germany ........................................................................................................................................................... 16 3.1.5 Greece ............................................................................................................................................................... 17 3.1.6 Ireland............................................................................................................................................................... 18 3.1.7 Italy .................................................................................................................................................................... 21 3.1.8 Portugal ............................................................................................................................................................ 24 3.1.9 Comparative Analysis ................................................................................................................................. 25

3.2 National Definition of Sheltered Occupational (adapted) Services ............................................... 26


3.3 National Definition of Disability ................................................................................................................... 36



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3.4 National Classification of Disability ............................................................................................................ 48


3.5 Description of the Legal Framework under which these services operate ................................ 77


3.6 Description of the Financing System under which these services operate ................................ 91

3.6.1 Austria .............................................................................................................................................................. 91 3.6.2 Belgium (Flanders) ...................................................................................................................................... 93 3.6.3 France ............................................................................................................................................................... 94 3.6.4 Germany ........................................................................................................................................................... 95 3.6.5 Greece ............................................................................................................................................................... 96 3.6.6 Ireland............................................................................................................................................................... 97 3.6.7 Italy .................................................................................................................................................................... 99 3.6.8 Portugal .......................................................................................................................................................... 100 3.6.9 Comparative Analysis ............................................................................................................................... 100

4 Work Plan 2: Contrast and Compare the Different Models of Practise in Each

Partner Country ........................................................................................................................... 102

4.1 Status of Service Provider (i.e. profit/not for profit, public/private, voluntary, other). .... 102

4.1.1 Austria ............................................................................................................................................................ 102 4.1.2 Belgium (Flanders) .................................................................................................................................... 102 4.1.3 France ............................................................................................................................................................. 103 4.1.4 Germany ......................................................................................................................................................... 103 4.1.5 Greece ............................................................................................................................................................. 104 4.1.6 Ireland............................................................................................................................................................. 105 4.1.7 Italy .................................................................................................................................................................. 105 4.1.8 Portugal .......................................................................................................................................................... 105


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4.1.9 Comparative Analysis ............................................................................................................................... 105

4.2 Status of Service Provision (i.e. program centred/person centred/other).............................. 106

4.2.1 Austria ............................................................................................................................................................ 106 4.2.2 Belgium (Flanders) .................................................................................................................................... 106 4.2.3 France ............................................................................................................................................................. 107 4.2.4 Germany ......................................................................................................................................................... 107 4.2.5 Greece ............................................................................................................................................................. 107 4.2.6 Ireland............................................................................................................................................................. 107 4.2.7 Italy .................................................................................................................................................................. 108 4.2.8 Portugal .......................................................................................................................................................... 108 4.2.9 Comparative Analysis ............................................................................................................................... 108

4.3 Service Delivery Descriptor (location) .................................................................................................... 109


4.4 Status of Service User (: “Requiring on-going/continuous rehabilitative supports and

interventions in relation to personal, social and work/employment competence skills”/other).113


4.5 Program Descriptor (range of programs offered/available) ......................................................... 117

4.5.1 Austria ............................................................................................................................................................ 117 4.5.2 Belgium (Flanders) .................................................................................................................................... 117 4.5.3 France ............................................................................................................................................................. 119 4.5.4 Germany ......................................................................................................................................................... 119 4.5.5 Greece ............................................................................................................................................................. 120 4.5.6 Ireland............................................................................................................................................................. 120 4.5.7 Italy .................................................................................................................................................................. 121 4.5.8 Portugal .......................................................................................................................................................... 122


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4.5.9 Comparative Analysis ............................................................................................................................... 122

4.6 Remuneration/Benefits Descriptor .......................................................................................................... 123


4.7 Formal Licensing of Service Provision (i.e. National/regional/local accreditation, standards, quality assurance, etc). ............................................................................................................................................... 130


5 Work Plan 3: Overview of the different types of Transition/ Integration to

Work/Employment programs on offer/available ........................................................... 136

5.1 Description of the range of transition to work/employment programs available ............... 136


5.2 Description of the Agencies Responsible ............................................................................................... 151

5.2.1 Austria ............................................................................................................................................................ 151 5.2.2 Belgium (Flanders) .................................................................................................................................... 151 5.2.3 France ............................................................................................................................................................. 153 5.2.4 Germany ......................................................................................................................................................... 153 5.2.5 Greece ............................................................................................................................................................. 154


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5.2.6 Ireland............................................................................................................................................................. 154 5.2.7 Italy .................................................................................................................................................................. 155 5.2.8 Portugal .......................................................................................................................................................... 155 5.2.9 Comparative analysis ............................................................................................................................... 155

5.3 Description of the Workplace Support Conditions/Criteria .......................................................... 157


5.4 Transition to Work/Employment Outcomes ........................................................................................ 162


5.5 Agency Evaluation of Services (National Statistics) .......................................................................... 167


6 Work Plan 4: Partnership Dissemination Activities ........................................... 171

7 Work Plan 5: Summary of Findings ........................................................................... 188

8 Work Plan 6: Partnership Recommendations ....................................................... 191


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1 Project Overview

Several national partner associations affiliated to the European Association of Service Providers

for Persons with Disabilities (EASPD) are working together in the framework of an Interest

Group on Occupational Services. By using this structure they exchange information on best prac-

tices in their respective countries on ways that lead to a greater inclusion in society for persons

with a disability currently unable to work under the conditions of the open labor market.

National partner associations within this specialised group applied for a European-funded pro-

ject to gather information on quality work settings in their countries. After approval, seven

oganisations were funded to organise partnership team meetings in their countries in order to

present with examples of successful integration practices and to deliver written articles on se-

lected topics to describe their daily support services. These reports and findings are a major

part of the outcome of this partnership. The participating associations came from Austria

(Jugend am Werk), Belgium (EASPD), France (Unapei), Germany (BAG: WfbM), Greece (Insti-

touto Endokoinoniakis Apokatastasis), Italy (Scuola Viva Onlus) and Portugal (Varios Coopera-

tiva de Solidariedad). The Irish association Cope Foundation took an associate part in the part-

nership and delivered quality assurance reports to evaluate the project team work, as well as

professional consultancy to the project and partnership.

Complementary to the study work in each partner country, many site visits were organised in

the respective host countries during the partnership team meetings. Altogether thirteen project

team meetings took place between October 2009 and June 2011. The project title “IGOS – Quality

Work Settings for All” gave reference to the EASPD interest group: IGOS: Interest Group on Oc-

cupational Services and structured the cooperation over two years. The project comprised of six

work plans overall. The study work which represented the first part of the project contains

three specific work Plans: Work Plan 1 contains a collection of data, statistics and definitions on

the project subject matter from all partner countries whereas Work Plan 2 reports on the differ-

ent models of practice in each partner country. Work Plan 3 summarizes the various aspects of

programs oriented towards integration to the open labor market. Work Plan 4 was designed to

give an overview on the different strategies of dissemination in the partner countries. Work Plan

5 provides a summary of the main findings of the study work while Work Plan 6 outlines the

projects partnership’s final recommendations.

The employment structure the partnership focused on is described as “Sheltered Occupational

Services”. These are services are offered to persons with a disability who due to their impair-

ment are currently not able to work in the open labor market. The disability hinders them to

cope with the demands in a competitive open labor market. Due to the type and degree of their

disability, those persons rely partly on sustainable, structured and lasting support schemes. In

some member states of the European Union a special labor status is recognised. Common for all

is the need for a daily structured support which employers on the open labor market are not


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able to supply. This support is very often not limited to the work place, but very often contains

therapeutical and other additional supports to stabilize and further develop social and personal

skills.

Generally known as “Sheltered Work-shops”, these Sheltered Occupational Services in the main

rely on state funding. In some countries the state financial support is significant and continuous,

in others financing is mostly assured through market activities (turnover). A crucial difference

among the partnership countries is classification in terms of the type and degree of disability so

that the status of service users in “Sheltered Occupational Services” varies from country to coun-

try. Some are considered employees, whilst some have a special legal status linked to the shel-

tered occupational service. Aside these legal definitions of the users, the locations where ser-

vices are offered are another parameter which was examined throughout the project work. Cur-

rently, “Sheltered Occupational Services” play a leading role in organizing work opportunities

inside, outside, and in-between centers as well as in the open labor market. A common theme in

Europe is the aim to empower persons with a disability to either develop or regain their work-

ing capacity. Work serves primarily as an instrument of rehabilitation and is not meant to be the

only purpose of “Sheltered Occupational Services”. In most of the partnership countries a whole

range of programs to further develop the service user in terms of personal and social skills apply

as best-practice.

The outcomes of the project are meant to contribute to a broader view on best practice in “Shel-

tered Occupational Services” and these results should be further developed through the work of

the Interest Group on Occupational Services within the EASPD-network.


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2 Work Plan 1:

Collection of Data, Statistics and Definitions on the pro-

ject subject matter from all partner countries

2.1 National Historical Overview

This section aims to provide a general historical overview of the evolution and develop-ment of sheltered occupational services for people with disabilities in all partner coun-tries. It provides the reader with a brief insight into the social and political landscape which directly or indirectly shaped and influenced the development of these services to their present form in each country, and attempts to chronologically capture this devel-opment in terms of outlining some of the most fundamental social and economic legisla-tion affecting change for people with disabilities.

2.1.1 Austria

Due to the Nazi regime’s program of systematic euthanasia, it was not until the late 1950s that a new generation of young people with intellectual or multiple disabilities left Austrian special schools (“Sonderschulen”) and started looking for employment. Be-tween 1955 and 1957, the first vocational training courses for people with intellectual disability started. The first workshop for occupational therapy (“Beschäftigungs-therapiewerkstätte”) opened in 1959 in Vienna. In 1962, the Austrian federal govern-ment mentioned the concept of “rehabilitation” for the first time, in an amendment to social security legislation.

In the following years, all attempts to create a law on the social policy for people with disability on a national level failed. Therefore, each federal land created its own laws for people with disability (e.g. Styria in 1964, Vienna in 1966, etc.). However, though there is national law on people with disability since 1990 (The Federal Disability Act, “Bundes-behindertengesetz”), the responsibilities concerning re-integration or employment for persons with disabilities are determined in several laws e.g. the constitution, federal laws, provincial laws, and several agreements.

One main legal instrument of the Austrian government to enhance the labour market success of people with a disability was the implementation of the Employment Act for


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the Disabled (“Behinderteneinstellungsgesetz”) in 1969. This law provided a definition of the severe disability (SD) status. In 1977, the term “rehabilitation” was determined by law and mainly included the concept of revalidation and support. Regarding working life, this term focused on sheltered employment and occupational therapy for people with disabilities considered as “not being able to work”. The first “sheltered employment workshop” (“Geschützte Werkstätte”) for employees with disability and a real employ-ment contract has been established in Salzburg in 1979. Since 2003, these workshops are called “Inclusive Workplace Enterprises” (“Integrative Betriebe”).1

In 1992, the Austrian federal government implemented a new approach on the re-integration of persons with disabilities, which was based on the concept of full integra-tion of people with disabilities in society. For the first time, the federal government fa-voured the integration of persons with disabilities into the regular labour market. The accession of Austria to the European Union in 1995 marked another policy change. Extra financial resources were now available, which made it possible to develop and imple-ment renewed instruments in the supported employment scheme such as “Arbeitsassis-tenz” or Job Coaching.

In 2001, the Ministry of Social Affairs published a new strategy paper (“Bundesweites Arbeitsmarktpolitisches Behindertenprogramm”), in which the goals and strategies of the policy and the instruments for the re-integration of persons with disabilities were included. Shortly after that, the “Employment offensive of the Austrian government” started, through which approx. 78 Million € have been (and are still) spent each year for additional employment related supporting measures.

Several new support measures were introduced with these new funds, such as Clearing in 2001, “Arbeitsassistenz” for young people in 2001, the Integrative Vocational training (IBA) in 2003 and Personal Assistance at work in 2004. In 2006 an Anti-discrimination Law (National law on equal treatment of disabled people – “Bundesbehindertengleich-stellungsgesetz”) was passed. As a result, several discriminatory passages in pieces of legislation concerning work were replaced. The nationwide labour market policy for people with a disability for 2010/11 by the Ministry of Labour, Social Affairs and Con-sumer Protection focuses on Clearing and supported employment schemes.

1 Translated from: Ernst, K., Haller, A. (2006). Behinderteneinstellungsgesetz (BEINSTG). p. 67-81.


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Sources:

Bundesministerium für Arbeit, Soziales und Konsumentenschutz. (2009). Behinderten-bericht 2008. Bericht der Bundesregierung über die Lage von Menschen mit Be-hinderungen in Österreich 2008. Wien: Büro Service Stelle A des BMASK.

Ernst, K., Haller, A. (2006). Behinderteneinstellungsgesetz (BEINSTG). Inklusive Nach-trag Januar 2006. Wien: ÖGB-Verlag.

Humer, B., Wuellrich, J-P., Zweimüller, J. (2007). Integrating severely disabled individu-als into the labour market: the Austrian case. Commissioned by: Institute for the Study of Labour. Retrieved April 6, 2010, from: ftp://repec.iza.org/RePEc/Discussionpaper/dp2649.pdf

2.1.2 Belgium (Flanders)

Initially the employment of disabled people was mainly a local affair, organised by par-ents and/or local governments. An actual legal frame did not exist in those early days (1945-1955). The very first initiatives for the development of a legal framework were taken shortly after the Second World War as a result of the pressure - exerted by inter-national conventions – the Belgian government elaborated a rehabilitation and employ-ment policy for all its disabled citizens. In that same period a bill was introduced in Par-liament to the effect of establishing sheltered workshops. Despite all this, it was not until 28th April 1958 that the Belgian government approved a national programme for the employment of people with disabilities. The concept of “protected workshop” came into being in the process.

The Social Rehabilitation of the Disabled Act of 16 April 1963 was the next step in the integration of people with disabilities. This Act and its implementing decrees comprised an entire series of measures for medical, professional, and general rehabilitation. The Royal Decree of 5th July 1963 laid down the conditions for people with a disability to appeal to the Fund's services and institutions. It also stipulated a range of possible areas of employment for people with a disability, and sheltered workshops were one of them.

Articles 47 and 48 of the decree specified the conditions for the official recognition of sheltered workshops. This Royal Degree also laid the foundation for the state subsidy system for the sector of 'professional integration of people with a disability'. A system of placement in protected workshops in particular was developed to provide employment for people with disabilities. The task of the protected workshops is clearly defined there not only in terms of offering useful and remunerated employment, but also of striving for an occupational adaptation for people with disabilities and, insofar as possible, a transi-


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tion to normal employment. The ‘National Fund for the Social Rehabilitation of the Dis-abled’ was in particular responsible for the recognition and subsidisation of protected workshops and was the responsibility of the Ministry of Employment.

This fund got its finances largely from autonomous financial means, more in particular from additional insurance premiums (e.g. industrial accident insurance, fire insurance and car accident insurance). This did, however, imply that subsidies evolved together with inflation and with the general standard of living and consequently with the needs of the sheltered workshops. This method of financing was justified by the fact that indus-trial and road accidents were considered responsible for a large number of disabilities. That is why this financing system was acceptable to the general public.

When the Belgian State Reform was prepared, most of the competencies for the care of the disabled were transferred to the Communities with the special Acts of 8 August 1980 and 8 August 1988. In a first phase the 'Fund for medical, social and educational care for the disabled' was transferred from the Federal Government to the Flemish Community. The tasks of this so-called ‘Fund 81’ included housing, support, treatment and education of people with a disability.

The Financing Act of 16 January 1989 concerning the financing of the Communities and Regions transferred the competencies and resources for the care of the disabled from the National Fund to the Flemish Community, where the Flemish Fund for the Social Integra-tion of People with Disabilities was set up by the decree of 27 June 1990. This is the fund that saw to the regulation and subsidisation of the protected workshops. The Flemish Minister for Social Welfare was responsible for this Flemish Fund for care for the dis-abled.

At the end of the 1990s, a need for a thorough examination and reform of the Flemish Government became perceptible from various angles. This led to the Better Governance Policy operation. In the discussions on the classification of the new policy areas, a deci-sion was taken to transfer the protected workshops to the policy area for the solidarity-based economy. This transfer took place on 1 April 2006, and as a result thereof, the protected workshop sector, together with other employment forms under the solidarity-based economy, was brought under one policy area. The subsidising authority has since that date been the Flemish Subsidy Agency for Employment and the Solidarity-based Economy.


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Sources:

VLAB (2008). Sheltered workshops in Flanders (Belgium) – A view.

2.1.3 France

In 1957 a general law related to the rehabilitation of disabled workers was voted. This law defined a ‘disabled worker’ as ‘a person which is substantially handicapped to obtain or to keep an employment, as a result of a deficiency or a diminution of his physical or mental abilities’ (article 1).

The 1957 act fixed the conditions of compulsory employment. A quota system for the private and public sectors and reserved employment in certain activities were estab-lished for particular categories of workers. The 1957 act also fixed the terms of “pro-tected employment”. The act stated that disabled workers who could not be placed in normal employment could be admitted to (an existing) ‘centre providing assistance through employment’ (CAT), to a sheltered workshop or to a home-work distribution centre to be established by public bodies or private associations with public subsidies. On the ground, the creation of CATs was driven by organisations of parents of persons with intellectual disabilities.

The 1975 Act in favour of persons with disabilities consolidated the rights of persons with disabilities within one act and simplified a complex set of legislative measures. It stated that the prevention and detection of disability, care, education, training and voca-tional guidance, employment, guarantee of minimum resources, social integration and access to sports and recreation for disabled minors and adults [...] were a national obli-gation. It was up the State and all public and private bodies and groups to implement this obligation in order to ensure the maximum level of autonomy for each person with dis-ability (article 1). A commission (COTOREP) got the authority to recognise disability and to grant all kinds of subsidies provided by the law. The function of the CAT was defined more precisely. New rules were: exemption from the employment obligation when a firm enters into contract with a CAT or sheltered workshop; measures to encourage work abilities; and the right of disabled persons to get a guaranteed minimum salary based on the legal minimum working wage (SMIC).

The 1987 Act in favour of the employment of disabled workers strengthened the obliga-tion for public and private employers with a staff of 20 people or more to employ per-sons with disabilities, with the creation of a quota for all workers with disabilities. At the


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beginning in 1988 it was fixed at 3%, reaching the current level of 6% in 1991. Contract-ing with sheltered workshops is considered as employment of persons with disabilities. Employers not able or willing to meet their employment obligations have to contribute to a fund called AGEFIPH. The AGEFIPH fund finances structural measures to facilitate the employment of disabled persons.

The 2002-2 Act strengthened the rights of the users (workers). It provided a deep reno-vation of the 1975 law regarding the legal framework of service providers’ activities. It requires providers to supply more information to their users (workers) and to set up Users (workers) Councils.

Thirty years after the 1975 Act, the 2005 Act: provided a radical change in the landscape of disability. This piece of legislation, based on a conceptual vision of disability, marked the consensus about the participation and citizenship of persons with disabilities within society.

The law provides a definition of the concept of disability in its Article 2: " is a disability within the meaning of this Act, any limitation of activity or restriction of participation in social life suffered in one’s environment, because of a substantial impairment, lasting or permanent of one or more functions whether physical , sensory, intellectual, cognitive or mental, because of multiple disability, or because of an incapacitating health condition” The referral of persons with disabilities to CAT facilities is considered as a measure of compensation and integration into social life.

The designation of sheltered employment services changed. “Ateliers Protégés” became “Enterprises Adaptées” (Adapted Firms) and “CAT” became “ESAT” (Facilities and Ser-vices for rehabilitation by work). This change marked the willingness to assert the social aspect of these services and to clarify their status (at least in the text).

Sources:

Thornton, P., Lunt, N. (1997). Employment Policies for Disabled People in Eighteen Coun-tries: A Review, Cornell University


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2.1.4 Germany

The early occupational centres in North Rhine-Westphalia and Lower Saxony in the late 1950s came into being because brave parents were no longer willing to hide away their disabled relatives. They wanted to give them a change in daily routine in the form of a recreational or therapeutic form of occupation.

In the 70s the idea of “co-working” and of the social utility and usefulness of the so-called mentally disabled emerged. The concept of German workshops was provided by the German Bundestag in 1974. The basic concept had long been established: the main aim was to involve disabled people in work and to develop their capabilities, and not to just have somewhere to put them or to provide them with occupational therapy. The Workshops Decree came into force in 1980 and updated the German Bundestag’s work-shop principles and formulated what the state wanted to see in a workshop design which was largely developed in cooperation with the workshop-funding institutions and gen-eral fund providers.

The years between 1983 and 1995 were characterized by legal proceedings instituted by the workshop-funding institutions to also give people capable of little work access to the workshops. The highest courts, foremost among them the Federal Social Court, played a major role through four judgements establishing basic principles, in ensuring that work-shops remain open to people with a particularly marked disability and need for support.

In 2001 many basic legal entitlements were collected together in what is nowadays known as the Social Code (SGB), consisting of twelve specific, individual parts, called books. With the adoption of the Social Code, several single laws were concentrated. At the same time, the Social Code created completely new legal regulations, especially in Book IX of the Code.

This law from 2001 is one of the milestones of social policy for persons with disabilities. It defines the benefits for the rehabilitation and inclusion of disabled persons and formu-lates national objectives by which the renderers of the services, especially the federal organisations, are bound. It is the main target to advocate the self-determination of per-sons with disabilities and to insure their full end equal participation in society. Book IX expressly demands that persons with disabilities have to agree to all measures and are to be provided with the maximum freedom of choice. As a rule, their wishes have to be followed, to accommodate the individual situations.


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2.1.5 Greece

As it is well known, in Greece after World War II the Civil war took place that distressed the Greek society until 1950. Later on there was political instability for more than 20 years. Thus the society had a number of other priorities, which resulted in the neglect of persons with disabilities.

Therefore, the Greek society seems to identify the problem of employment of persons with disabilities to the mid 1970's, after a mention in the Constitution of Greece in 1975, where persons with disabilities have the right for special care and protection. As the right to work is also protected by the State, obviously persons with disabilities have the same right. Since then, a number of laws have been voted aimed at the social inclusion and vocational rehabilitation of persons with various disabilities.

From 1981 the Centres of Vocational Training and Rehabilitation of Persons with Dis-abilities (or Disabled, which is the term used some years ago) were very limited. The clients of those centres were mainly persons with physical and sensory disabilities, such as the Hellenic Society of Protection of Disabled Children, that had its final form in 1948 and the National Institution of Rehabilitation of Disabled, which was founded in 1961.

In the field of sensory disabilities the House of Blind was founded in 1906, the Light-house of Blind in 1948 and the first school of deaf in 1937.

During the 70s after an initiative of the private sector there were founded three services for children with cerebral palsy. These were the Centre of Rehabilitation of Spastic Chil-dren, the Society of Protection of Spastics and the Centre of Adaptation of Children “The Good Samaritan”.

As regards the other groups of persons with disabilities, the welfare for vocational train-ing and employment does not exist. The one exemption is the Centre of Psychic Health, which was founded in 1962, with the cooperation of the Union of Parents and Guardians of Un-adapted Children, the Centre of Therapeutic training “The Stoupathio”. One year later there was founded the Institution of Protection of Unadapted Children “Theotokos” and later on other organisations in different towns of Greece. All of them were consti-tuted because of initiative of Parent's Unions.

In 1984 there was founded “To Ergastiri” (The Workshop), which was a centre of special vocational training and employment of the charitable society of parents, guardians and friends of persons with disabilities graduates of the Institution Theotokos. This was con-stituted in order to fill the gap of the return of persons with disabilities at home after the age of 18.


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In 1979 a very important law “about vocational rehabilitation of disabled and persons with diminished abilities in general” was voted. Its importance lies in the fact that obliges the services of the public sector to hire a number of persons with disabilities.

After 1981 it started to get funding for projects of vocational training, from the ESF and because of this a number of different projects were organised. Given that persons with multiple disabilities as well as persons with intellectual disabilities cannot find a job in Greek society, the parliament voted a law for Special Productive Centres in 1989. Since then a number of sheltered workshops have been founded. The participants usually do not get a normal salary, but a small amount of money.

On the other hand the legislation about inclusion in the labour market protects the right for employment in the public and private sector. However, the full application of the Law is not materialised, given that, according to that law the proclamation of workplaces must be held once a year, in fact the national organisation delays the procedures.

Sources:

Arsinoi Apsouri, Pwd. (2009). Human force and sheltered employment, extract of an es-say. Retrieved December 1, 2009, from: http://users.forthnet.gr/ath/ergastiri/AMEA_gr.pdf

2.1.6 Ireland

The development of Day Services in Ireland can be traced to the provision of institu-tional care in the late 19th century, mainly based on the provisions of the then Poor Law. These institutions were characterised by a culture of containment and separation where people with disabilities were hidden from the public eye and kept away from social con-tacts and community life. It was not until the last part of the 20th century that any sig-nificant changes in policy and thinking began to take shape around the provision of ser-vices to people with disabilities.

Most institutional care was mainly provided by philanthropic and religious organisations and a limited involvement by some parents and friends associations. Residential ser-vices were the main service provision and the concept of a “Day Service” developed as an adjunct to residential services with the provision of very basic care programmes during to day to occupy those living in residential institutions. It was not until the 1950’s that the notion that people with disabilities could be supported to live at home emerged as a


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desired policy objective. Not surprisingly the development of services has been haphaz-ard, fragmented and episodic, influenced by disability grouping and inconsistent funding programmes.

At a policy level disability was to a large extent perceived as a health issue with the pro-vision of services to people with disabilities being the statutory responsibility of the then Department of Health. The 1953 Health Act (Section 65) and the subsequent 1970 Health Act gave statutory powers to the Department of Health to support voluntary or-ganisations in providing services to people with disabilities “similar or ancillary to their own”. Section 65 grants were at the discretion of the individual health board and there were no nationally agreed criteria for such grants or no clear prioritisation of develop-ment needs.

A White Paper produced in 1960 called “the Problem of the Mentally Handicapped “ led to the establishment of a Commission of Inquiry on Mental Handicap which was asked to examine and report on services for the care of people with an intellectual disability. This Commission reported in 1965 and set the tone for the development of services for the next three decades.

From the mid 1970’s Community Workshops operated by the Health Boards under the auspices of the Department of Health and Children was the main mechanism for provid-ing activation, vocational training and sheltered work for people with disabilities. Be-tween 1975 and 1992 the activities of sheltered workshops were largely influenced by the Robins Report on Training and Employing People the Handicapped (1975). This re-port recommended that “community workshops be developed for the provision of shel-tered employment for handicapped persons who have difficulty in obtaining or retaining employment”. It was envisaged that community workshops would engage in commercial trading but that “the success of a workshop should not be judged by its ability to make profit”.

In 1984 the Green Paper on Services for Disabled People began to draw a tentative new vision of integrated inclusive service provision for people with disabilities. Even the use of the term ‘disabled’ rather than ‘handicapped’ indicated a shift towards a different ap-proach where the person was seen as person first and foremost. These shifts were sup-ported and to some extent initiated by leaders in the disability movement who articu-lated for people with disabilities to be treated equally like all other citizens and chal-lenged prevailing attitudes towards institutional care in inappropriate settings for peo-ple with intellectual disability. The emerging Centre for Independent Living (CIL) movement in the US encouraged the leadership of the fledgling CIL movement in Ireland to actively campaign for basic services like Personal Assistants and accessible transport.


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Following from the Report of the Commission on the Status of People with Disabilities (1996), a Government decision was made to mainstream provision of public services to people with disabilities. The National Disability Strategy giving legal effect to that deci-sion, together with equality legislation have, in modern times, created a framework that is working towards an inclusive and mainstream provision of services to people with disabilities.

In October 2005, the Health Service Executive (HSE - The national agency responsible for sheltered services) commenced a National Review of Sheltered Services for People with Disabilities. This was initiated by the HSE as part of its obligations under Equality Legis-lation and the Disability Act. The purpose of that review was to obtain information on all aspects of Sheltered Services, including establishing a listing of services by location, ca-pacity and occupational activities. This review was informed by work initiated early in 2005 by the Department of Health and Children regarding funding arrangements for Sheltered Work Services.

The outcome from this initial review highlighted service delivery issues that needed to be addressed in relation to existing Sheltered Work practices and recommended that in order to fully address all of these issues, a review of all HSE Funded Adult Day Services should be commissioned and delivered as a matter of urgency. A National Working Group representative of all stakeholders was established in August 2007 to conduct a National review within a 12 month time-frame.

This National Review of HSE Funded Adult Day Services which included a census of those service users engaged in activities described as “like work”, including those here “top up allowances or other bonus arrangements were in place in place”, was completed dur-ing 2008 and the report from the National Working group – New Directions, Personal Support Services for Adults with Disabilities, setting out a Vision, Action Plan and rec-ommended time frame for the reconfiguration and modernisation of day services, was due for publication by the end of 2009.

Sources:

Health Service Executive (HSE), (2009). Department of Health & Children


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2.1.7 Italy

The Italian Constitution is based on its first article “Italy is a democratic Republic founded on work (labour)”. Article 3 of the same Act: “Citizens have equal social dignity and are equal un-der the Law, with no distinction of sex, race, language, religion, political opinion, social and personal conditions”. And more (from the same article) “It is a task of the Republic to remove the economic and social obstacles that limit freedom and equality of the citizens and prevent the entire development of the human being”.(1946).

In art. 4 the Constitution declares that “The Italian Republic recognizes to all the citizens the right to work and promotes the conditions that make effective this right” and art. 35 declares that “The Italian Republic protects work in any sense whatsoever and takes care of the train-ing and upward of the workers”. The Italian Constitution includes disability as a prohibited ground of discrimination in its Equal Treatment in Article 38 Title III “Any citizen disabled to work and without means to live has the right to be supported (support/maintenance) and to social welfare. Workers have the right to be provided adequate means to their needs of life in case of accident, disease, invalidity, ageing, and unintentional unemployment. The disabled people have the right to education and to work. To the mentioned tasks provide bodies and institutes arranged beforehand or supplemented by the Government”.

The first law that gave an opportunity to the disabled people to work was launched in 1917 concerning the disabled servicemen. Next to this rule was promulgated an act that fixed the percentage of the disabled servicemen that had to be employed by the public administration. Even though the Constitution recognizes to all citizens the right to work, the real life was not conform to the law and several acts were related to different groups of physical disabilities only2, but not yet to the intellectual and/or mental disabled people.

In Act 1539/1962 “Measures in favour of the crippled people”, finally, the law considered civil invalids the disabled citizens that were not included in the previous legislation being out of the compulsory employment to work. This act ruled that the public administration and the private firms with more than 50 workers had to employ the civil disabled up to 2% of the amount of employers. Launching Act 482/1968 all the previous rules on this field are reor-ganized in one sole legislative measure. This act identifies those groups of disabled persons having the right to the compulsory employment and set aside a fixed percentage of situa-tions/vacancies among public and private firms with more than 35 employees who have to

2 Act 35/1953 and Act 308/1958 for the deaf-dumb people. Act 142/1953, Legislative Decree 1222/1947 and Act 851/1966 for the crippled people. Act 594/1957, Act 778/1960, Act 155/1965, Act 684/1961, Act 155/1965 and Act 231/1967 for the visually impaired.


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recruit the 15% of the total amount of their employees. Concerning the intellectual and men-tal disabled the act failed once more. In any case for this group of disabled the issue of com-pulsory employment was settled by the Constitutional Court3.

There is a social integration/rehabilitation act that applies to any disabled person, as Act 104/1992 “In favour of the assistance, the scholar integration and the rights of the disabled people” about the inclusion and the social integration of the disabled person carried through measures suitable to promote a complete integration in the world of work, as an individual or as a partner, and the protection of the job also through various incentives4. Regarding this Act

more articles have to be taken into account, such as: art. 8 “Social inclusion and integration”, art. 17 “Vocational training”, art. 18 “Working integration” and art. 19 “Persons entitled to compulsory employment” that rules that the regulations referred in Act 482/1968 and follow-ing changes, have to be applied to those affected by psychic disabilities, whose work capacity enables the employment in compatible duties. There is not any distinction among several dis-abilities, but for sensory impaired people (deaf-dumb, partially sighted and/or blind). In arti-cle 8 1st paragraph letter (f) depicts clearly measures in favour of a complete integration of the disabled people in the world of work, both as an individual or as a partner and the protec-tion of the job also through various incentives.

The last and most important law concerning the work for the disabled persons is Act 68/1999 “Rules for the right to work for the disabled people”. This act guarantees opportunities of jobs for all the disabled people in any sense whatsoever, included the intellectual disabled persons (art. 1/a). This Act aims to promote the working inclusion and participation of the disabled people through aids services and targeted employment. It is applied for the following groups:

• people suffering from physical, psychic or sensory disability and to the intellect tual disabled persons, with a reduced working capacity higher than 45%, estab lished by the competent Board for the recognition of the civil invalidity, according to the invalidity percentage table (for disabilities and diseases)5, as ruled and on the basis of the W.H.O. International Classification;

• disabled for work reasons with an invalidity higher than 33%, established by I.N.A.I.L. (National Institute of the Insurance against the Industrial Injuries and Diseases);

3 Constitutional Court Rule 50/1990 that declared unconstitutional art. 5 of Act 482/1968 as it did not consider the mental ill/mentally retarded as civil invalids. 4 Act 104/1992 art. 8. 5 Legislative Decree 508/1998


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• partially sighted (not more than 1/10) and/or blind people and deaf-dumb per sons;

• disabled servicemen, civil war invalids and become disabled on duty (from the first to the eight class of invalidity as ruled by the law).

Overall, under the social point of view, it is of great importance the revolutionary con-cept of the so-called “targeted employment”6, that appears to be the ideal linchpin of the entire reform, exceeding the traditional charitable service/task, of the compulsory em-ployment, always felt as a kind of “compensation”, too. The new discipline that intro-duces to work the disabled people solicits a public management of the compulsory em-ployment not any more bureaucratic, but active, because aimed toward to find out a job that meets his/her residual capabilities. The disabled, alike any other unemployed per-son, need a job – appropriate to his/her possibilities (Constitution art. 4), that may inte-grate the guarantees ruled by the Constitution (art. 38), as a perspective of complete de-velopment of the human being (Constitution art. 3).

The prerequisite of the disability that gives the right to be included in the disabled em-ployment system, is given by a special Board, as ruled in Act 104/1992 art 47. Also ruled are the criteria and the procedures of the medical exams for the control of the perma-nent disability status. Besides, the Court of Cassation declared the possibility of the psy-chic disabled people to be employed as long as they are endowed with working capabil-ity that enables a fruitful inclusion in the world of work, and that within the firms exist jobs compatible with his/her disability8. For those economic public bodies and private firms that are unable to employ disabled persons, owing to the particular conditions of their activities, it is possible to be partially exempted from the obligation of Act 68/1999. Disabled employees are entitled to the same legal and economic treatment as for other workers, according to the collective labour agreements.

In Italy there is no tradition of sheltered workshops as in other European countries. Co-operatives are set up in order to give to the disabled, particularly the intellectually and mentally disabled, the opportunity to feel equal to all others.

6 Act 68/1999 art. 2 “As for targeted employment for the disabled people is meant technical and supporting in-struments that allow an adequate assessment of their work capabilities and to place the disabled worker in the right position through working places analysis, style aids, positive actions and solutions of problems connected to the environments, to the equipments and to the relationship in the daily working places”. 7 “The prerequisites of the disability, of the difficulties, of the need of a permanent welfare intervention and of the residual entire personal capability, is given by medical boards (Medical Board of First Instance for the Civil Inva-lidity) completed by a social worker and of a specialized in the particular case to exam, both on duty at the local health units”. 8 Court of Cassation rule n. 2604/1993.


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2.1.8 Portugal

The vocational rehabilitation of persons with disabilities is a recent problem in Portugal. Until the Revolution on April 25, 1974 deficiency was considered inevitable and in this context the logic of support was based on ideological charity and welfare. The colonial war between 1961 and 1975 has brought a new visibility to disability, especially physi-cal disability, meeting new advances in 1974 by founding the Association of Disabled of the Armed Forces.

In the late 70’s, dozens of institutions were set up by civil society in the form of coopera-tives -Cercis-. It was also during this period that the National Secretariat of Rehabilita-tion and Department for Employment and Vocational Training (1977 and 1978), were created and linked to the State. Later (1986 to 1994) the entry of Portugal into the Euro-pean Economic Community was a watershed in the politics of rehabilitation in Portugal. During this period, Disability was understood as "any loss or abnormality of structure or function of psychological, physiological or anatomical. In the context of the recommenda-tion (86/379/EEC) which was a component of ESF financial support and the member states were invited to "fully exploit all the possibilities of the Structural Funds and Community Initiatives.

Since 1987, the units of pre-vocational training available have been converted into units of training, based on the new training program. The First Law for Prevention and Reha-bilitation and Integration of Persons with Disabilities (Law 9 / 89) and Decree-Law 247/89, concerning the Vocational Training and Employment was published in 1989. The Act is based on the universal principles of integration, participation, information, solidarity and equalization of opportunities. Decree-Law No. 247/89 of 5 August sets, programs for personal development, training and employment, as well as specific sup-port to be awarded.

Decree-Law No 401/91 of 16 October dedicated training as continuous and comprehen-sive and must function in connection with the work context. In the field of rehabilitation the major objective is improving the quality of the performances of rehabilitation and the professional integration of disabled people and therefore the development of innova-tive projects in terms of methodology, equipment and services, technical capabilities, intervention models and production of knowledge have particular importance. In 1994, "Strategic guidelines to enhance the degree of coordination in the system of rehabilita-tion” became the responsibility of the National Secretariat of Rehabilitation.

The new Basic Law made in 2004 highlights the importance of equal opportunities and active participation of persons with disabilities in several areas of society with the aim of


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promoting greater autonomy and the protection and vindication of their rights citizen-ship.

Between 2006 and 2009, the First Action Plan for the Integration of Persons with Dis-abilities or Disability, the Axis 2 was published and devoted to the promotion of Educa-tion, Skills and Labour inclusion.

Sources:

Bernado, Joaquim (1995). Caminhos para a inserção profissional das pessoas com defi-ciência no contexto da sociedade portuguesa, ISCTE.

Capucha, A. (2003).Grupos desfavorecidos face ao emprego – tipologia e quadro básico de medidas recomendáveis, Lisboa: Observatório do Emprego e Formação Profis-sional.

2.1.9 Comparative Analysis

The historical evolution and development of services for people with disabilities in each partner country vary from early 20th century systems of institutionalized care and wel-fare mainly run on a charitable voluntary basis, specifically in Ireland and more recently in Belgium, to post World War 2 formally developed systems, characterized by the provi-sion of services for war victims/disabled in such countries as Germany, Austria, Greece, with similar services in post colonial war Portugal. Italy being one exception, with con-stitutional recognition of ‘all citizens’ as being equal and having the ‘right’ to work from the conception of the ‘republic’, in principle if not in practice, and France another, with development of work services mainly driven by associations of parents of persons with intellectual disabilities.

From the 60’s and 70’s on, similarities in service provision are evident in all countries, albeit at varying degrees and stages, to some extent influenced by the continued devel-opment towards a unified Europe and for some partner countries due to increased ac-cess to European Social Funding (ESF). The development of emerging frameworks and services which gave national and governmental recognition to the need for more holistic services, than mere day care and residential service, saw the introduction of ‘workshop’ type services and later, vocational education and training programmes, with emerging emphasis on progression to work and/or rehabilitation options for some categories of persons with disabilities. Italy again being a particular exception to this process, in


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terms of having no tradition of the ‘workshop’ system of service, rather, a unique alter-native system called ‘cooperatives’.

During the late 80’s and early 90’s ‘rights and equality’ based national and international legislation became an influencing factor in all partner countries (with further and im-proved laws in Italy, as with all partner countries), which promoted the full integration of persons with disabilities as equal citizens and with equal rights to access work and employment both in adapted/sheltered type workshops as well as in the open labour market.

As is evidenced from the above reports, whilst there are underlying similarities in the historical development and evolution of services and processes in each partner country, particularly, and consistently so, nearing the latter part of the 20th century, in relation to legislation, rights and equality, there yet remain many differences both in the context and content of service delivery and provision, in the main influenced by such issues as availability of resources, traditional and cultural divergence, the degree of economic progress in each partner country, legislative constraints and political will and advocacy on behalf of people with disabilities.

2.2 National Definition of Sheltered Occupational (adapted) Ser-

vices

In the partner countries many definitions of sheltered occupational (adapted) settings exist reflecting their history and tradition. Some of them are part of a strong legal framework. Others are used in countries without particular law but as part of a general support scheme.

2.2.1 Austria

Since 2003, the “Sheltered Workshops” in Austria are called “Inclusive Workplace Enter-prises” (Integrative Betriebe). Inclusive workplace enterprises are establishments facili-tating the occupational integration of people with disabilities who cannot yet be (re-)integrated into the general labour market due to the type and severity of their disability but are able to meet minimum requirements of productive capacity.9

9 Federal Ministry of Social Security, Generations and Consumer Protection. (2005). Assistance to people withdi-sabilities in the Austrian Social System. Vienna: Department IV, p.41.


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“Inclusive workplace enterprises offer permanent jobs for persons with disability who, because of their disability, cannot or are not yet able to find work on the open labour market. Employees need to be capable of a minimum amount of economically useful work. Inclusive workplace enterprises are designed to enable persons with disability to improve or regain their skills to such an extent that they will be able to take a job on the open job market. Inclusive workplace enterprises are run on a commercial basis but they do not make profit. Employees with disability are paid according to collective agree-ments and are fully covered by social security.”10

Inclusive workplace enterprises have a modular structure:11

• The employment module offers jobs for people with disabilities. The employees receive a salary corresponding at least to the minimum pay guaranteed under the collective agreement and are covered by full compulsory insurance pursuant to the General Social Insurance Act.

• The job preparation module provides people with disabilities with the necessary qualifications for placement in the general labour market.

• The services module takes advantage of the comprehensive know-how of the In clusive workplace enterprises in employing people with disabilities. This module offers services related to the occupational integration of people with disabilities. It has been conceived to offer special support to other companies and institutions.

If a person with disabilities cannot meet the requirements of occupational integration due to his/her physical, mental or psychical condition, occupational therapy/day struc-ture/day centre is used to preserve or further develop his/her abilities. Persons with disabilities receive pocket money while staying in a facility that offers such services. The funds are predominantly provided by the Laender (federal states).

There are different expressions in the federal states, e.g. “Day Structure” in Vienna and “Day Centre” in Styria).

“A day structure (or employment in day centres) offers support and care for persons with disability whose physical, intellectual or psychic (emotional) condition is prejudi-cial – even under sheltered conditions – to vocational training and employment on the 10 Translation, comparison and summary of federal laws, e.g.. Chancengleichheitsgesetz Wien, §9-11, Steiermärkisches Behindertengesetz, §16 (1). 11 Federal Ministry of Social Security, Generations and Consumer Protection. (2005). Assistance to people with disabilities in the Austrian Social System. Vienna: Department IV, p.41.


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labour market. Those services should provide support to persons with disability to de-velop their capabilities and ensure their inclusion into society”.

Sources:

Bundesministerium für Arbeit und Soziale Angelegenheiten (1993): The Austria Federal Government’s Disability Concept. Wien: Eigenverlag.


Federal Ministry of Social Security, Generations and Consume Protection. (2005). Assis-tance to people with disabilities in the Austrian Social System. Vienna: Depart-ment IV.


General definition sheltered workshops (beschutte werkpklaatsen) by The Flemish Fed-eration of Sheltered Workshops (VLAB):

Sheltered employment in Flanders is in the first place employment for persons with a work disability who are willing to work, but temporarily or permanently unable to enter the regular labour market. Persons with a disability are the main target group. Sheltered workshops strive in the first place to allocate available jobs to persons with a disability, with special attention to vulnerable employees.

The final aim of sheltered work settings is the employment of persons with a labour dis-ability with the purpose to improve integration. The focus is on labour.

Definition according to the Decree of the Flemish Government of 17th December 1999:

The Decree of the Flemish Government of 17th December 1999 currently regulates the recognition of sheltered workshops. This decree came into force with retroactive effect on 1st January 2000. The Decree stipulates that sheltered workshops have to meet the following criteria in order to qualify for recognition.

Sheltered workshops have to:

• primarily allocate available jobs to people with a disability, for whom a temporary or permanent employment in a SW is essential;


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• make sure their workers carry out useful and profitable jobs and are given the oppor tunity to move on to a job in the normal labour market;

The SW must see to it that all necessary professional support is available;

• pay at least the official minimum wage to all workers with a disability (according to the Collective Labour Agreement no. 43, as agreed in the National Labour Council)

• monitor the correct implementation of health and safety regulations at work;

• be established by a non-profit organisation or by a subordinate/local authority such as provincial, municipal authorities;

• fulfil all obligations stipulated in the accounting, control, infrastructure and quality decree.

2.2.3 France

In France, national laws provide for the definition and organization of adapted work set-tings. Laws are completed by national decrees.

The definitions stand as follow:

Etablissements et services d’aides par le travail - ESATs (workshops) (Code of Social Action and Families, Article L344-2).

The facilities and support services based on labour are designed for persons with dis-abilities who, according to the Commission on Rights and autonomy of persons with dis-abilities, do not have work ability that would not enable them, temporarily or perma-nently, neither to work full time or part time in an ordinary company or in an “entreprise adaptée” (see definition below), nor to exercise an independent professional activity.

They offer them opportunities for various activities of a professional nature, and a reha-bilitation and educational support, to promote their personal and social development.

Workers in ESATS are service users, not employees.


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Entreprises adaptées – Eas (adapted firms)

“Entreprises adaptées” are companies which enable disabled workers with a reduce effi-ciency to work as salaried employees in conditions which are adapted to their abilities. They encourage the professional plan of the disabled worker, aiming at his/her devel-opment, advancement and mobility within the EA itself or towards other companies.

EAs are directed at workers with disabilities who cannot, temporarily or permanently, be included in the open labour market, but who have higher work abilities than workers in ESAT.

Workers in EAS are employees.

2.2.4 Germany

“The workshop for persons with disabilities is an institution for persons with disabilities to partake in working life in terms of chapter 5, part 1 and for the rehabilitation in work-ing life. “

These are people who,

“on account of their disability, cannot or cannot yet find work or are not yet able to find work again on the general labour market.”12

First principle of workshops for adapted work in Germany:

“The workshop for disabled people13 is an institution for vocational rehabilitation and as such, in addition to the usual vocational training institutions, has a specific task to per-form, namely to enable disabled people who cannot find a job on the general labour mar-ket to achieve vocational integration and to fulfil their right to work.”14

The degree of disability is not relevant and the degree of earning capacity is not impor-tant. The nature and cause of their disabilities are also unimportant. Ultimately, it is also unimportant why they cannot get a job if the only decisive factor is the disability. Thus, the only crucial factors are the three criteria of not, not yet or not yet […] again being

12 German Federal Social Code IX, § 136, s.1 13 Up to 2001, with the adoption of the Ninth Social Code (SGB IX), the workshops were referred to in legislation as

“workshops for the disabled”. Since the SGB IX came into force they have been called “workshops for disabled per-

sons”. 14 Bundestag document 7/3999 of 05.12.1974


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able to work on the labour market. And of course the disability must not mean that the person endangers himself or other people and is unable to do any work at all.

Sources:

Scheibner, U. (2010) United in Diversity, Bundesarbeitsgemeinschaft: Werkstätten für behinderte Menschen, The German workshops for adapted work, Frankfurt/Main, p.47.

2.2.5 Greece

“Sheltered Workshops are workplaces, which do not differ from the normal ones, where per-sons with severe disadvantages work, and where vocational rehabilitation in the open labour market is considered impossible. They are employed in jobs adapted to their abilities. The products of the workshops are sold in the market, bring income, which however is inadequate to cover salaries and insurance and they do not offer profit. These workshops are supported financially by the State and local authorities, but offer important cover of the needs of persons with disabilities” (Apsouri 2009).

For public and private service providers, which are supervised by the Ministry of Health and Welfare “and offer activities for persons with mental disability, autism, grave physical disabili-ties and multiple disabilities it is possible to put into operation sheltered productive work-shops (PPE) (Law 2646/1998 §17, 2). In these sheltered productive workshops at least 3/5 of the occupied persons must be persons with mental disability, autism, grave physical and mul-tiple disabilities, independent if they get a pension of their parents or a financial assistance. They have to be at least 20 years old and have to take part at least two years in vocational training programs (Law 2646/1998 § 17,3).

Special Centres of Social and Vocational Integration (EKEK) for Persons with disabilities “offer completed services for pre-vocational training, vocational education and accompanying sup-porting services” (Law 3025/2005 § 1, 2). These Special Centres of Social and Vocational Inte-gration (EKEK) “operate by service providers, which arrange in their institutional practice the supply of vocational education and special services for persons with disabilities or persons after drug addiction” (Law 3025/2005 § 3,1).

Sources:

Apsouri, Arsinoi. Human force and sheltered employment, extract of an essay. Retrieved December 1 (2009) from http://users.forthnet.gr/ath/ergastiri/AMEA_gr.pdf


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Law 2646/1998 ‚Development of the national system of social welfare’. Official Gazette 236/A/20-10-998. [Νόμος 2646/1998 ‚Ανάπτυξη του Εθνικού Συστήματος Κοινωνικής Φροντίδας και άλλες διατάξεις’ ΦΕΚ 236/Α/20-10-1998.]

Law 3025/2005 ‚System for certification, control and evaluation of special centres for social and vocational integration of persons with disabilities or after addiction’. Official Gazette 231/A/21-2-2005. [Νόμος 3025/2005 ‚Σύστημα Πιστοποίησης, Παρακολούθησης και Αξιολόγησης Εξειδικευμένων Κέντρων Κοινωνικής και Επαγγελματικής Ένταξης ατόμων με αναπηρίες (ΑμεΑ) και απεξαρτημένων ατόμων ή ατόμων υπό απεξάρτηση’ ΦΕΚ 231/Α./21-2-2005.]

2.2.6 Ireland

A Sheltered Occupational Service (SOS) comprises a combination of structured occupa-tional activities and support services for people with disabilities who require a signifi-cant amount of flexibility, time and personal support.

In organising and providing SOS on behalf of the State, service providers, on the basis of their Service Agreement with their funder, must focus on each individual’s needs and capacities, as identified in their Person Centred Plan (PLC). The onus is on service pro-viders to ensure that each individual is involved in a balanced program of activities that match that person’s specific needs and capacities. The personal support and develop-mental needs of service users should be adequately and appropriately responded to. Each service user will have a program of services and a service contract based on their PCP.

Employment Options

Service Providers may seek/arrange employment options with and on behalf of service users as part of a balanced program of activities designed to meet the needs and aspira-tions of the service users, as identified in their PCP. In such cases the status of an indi-vidual as employee must be recognised for the duration of the employment period, which generally will be part-time.

Sources:

Code of Practice for Sheltered Occupational Services, Final Draft 06/01/2003.(Dept. Of health & Children, IE)


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2.2.7 Italy

In Italy there is no tradition of sheltered workshops as is meant in other northern Euro-pean countries. Cooperatives are set up in order to give to the disabled, particularly the intellectual and mentally disabled opportunities to allow them feel included. The mem-bers do not earn union wages, but there are dividends according to the regular statute of the cooperatives.

To allow the severally disabled people to be employed special environments in which those persons may be facilitated, over a longer period of time are required, the so-called “social cooperatives” have been established by Act 68/199915. In this case the employer will guarantee to entrust job orders to the cooperative in which the disabled person has been employed.

The training cannot last more than 24 months. The cooperative will pay all the duties provided by law for the employee. A disabled professional may carry out the tasks of these cooperatives, too.

Anyhow it is interesting to have a look on previous laws that already provided to the coopera-tives as an opportunity to offer a workplace to the disabled. Act 381/1991 ruled an exact defi-nition to the social cooperatives (social firms) “cooperative sociali” in Italian. These are a ma-jor form of provision of workplaces for people with disabilities in Italy. The social coopera-tives are established on the solidarity principle serving for more extensive benefits than the mutual ones. The main goal of the social cooperative is to pursue the common benefit of the community.

According to the Labour Ministerial Circular 116/92 two different kind of social cooperatives are recognized:

1. Social Cooperative Type A. These aid disabled people to enter employment. All the workers are non-disabled people and they provide support for people who are not self-sufficient.

2. Social Cooperative Type B. In these the great majority of workers are disabled people. Some of the non-disabled workers take roles as “tutors” of people who are not as skilled.

15 Act 68/1999 art. 12.


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2.2.8 Portugal

Sheltered Employment – exists in enterprises for disabled people. Workers have a con-tract and these enterprises are subsidised by the government, according to the reduction of productivity of each disabled worker – more or less 70% of the National Minimum wage .

Supported Employment – there is no legislation in the field of supported employment; there are only practical examples – a disabled person is integrated in a work placement, having a contract as another worker.

Open Labour Market – People with disabilities are integrated in a work placement, hav-ing the same conditions as other person: “ All workers have the right to equal opportuni-ties and treatment in regard to access to employment, training, job promotion and work-ing conditions” – Article 22 (1) of the Labour Code.


Adapted employment in the member states is differently organised. This is due to the different behaviours, cultures, traditions and history in these societies. The project part-ners delivered examples from eight European Union member states. In order to ade-quately compare their rehabilitation structures, the project partners gathered in chapter 1.2 the definition existing in their respective countries for support structures to enable persons with disabilities to fully take part in societal life.

As it is considered a human right, persons with a disability must be offered the same rights as to those not suffering under any impairment. The European Union as a union of national European states share legal competencies in different political fields with the member states. Social and labour policies are mainly organised in the member countries. This is the reason for the various differences in their rehabilitation systems.

In Austria, Belgium, France, Germany, Greece, Ireland, Italy and Portugal national laws have been established to maintain a legal framework for support systems not only de-pending on economical influence. All service providers organise work for persons with a disability currently not able to work under the conditions of the general labour market. In Austria and Belgium there is a very strong regional legislation on workshops for adapted work. In all the other above mentioned countries the nation-wide legislation is stronger.


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It is a common fact that persons working in a workshop are considered as not being able to cope with demands in the open labour market due to their disability. In France and Germany they are considered legally as service users with a legal status similar to that of an employee. In Belgium and in particular in the region of Flanders they are considered as employees with the right to earn the minimum wage. The status of an employee in a workshop exists as well in Greece, Ireland, Italy and Portugal. In Austria, persons work-ing in a workshop are considered as “service users”. They do not have independent social security and are not subject to employment protection laws.

In Italy the structure of a workshop does not exist. This structure has been replaced by cooperatives presently. Their aim is the same as to the workshops: offering working op-portunities and rehabilitation through work. Beside the provision of a workshop for adapted work in all countries additional structures exit. These additional structures are in some cases called integration companies and/or may be considered as supported em-ployment schemes.


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2.3 National Definition of Disability

A unified definition of disability/impairment does not exist in the European Union. There are instead twenty-seven different national definitions which describe disability from a national perspective and referring to each national legal framework concerning disabil-ity.

2.3.1 Austria

Persons with disability

(Definition according to the federal laws in each federal state in Austria)

“Disabled persons are persons of any age who have to face disadvantages in important areas of life due to physical, mental or psychical impairment. These areas are principally education, employment, work, communication, housing and leisure. Disabled persons are those persons who need help to sustain regular social relations, to participate in working life and to gain a sufficient income according to their needs.”16

“Eligible/benefited” persons with disability

“Disability is the result of a deficiency of functions that is not just temporary and based on a physiological, mental, or psychological condition or an impairment of sensual func-tions which constitutes a possible complication for the participation in the labour mar-ket. Such a condition is not deemed temporary if it is likely to last for more than 6 months. According to §3 ‘eligible/benefited disabled’ (begünstigte Behinderte) are per-sons with a disability degree of at least 50%.”17

Furthermore, requirements are the Austrian citizenship (or citizenship of the European Union or the European Economic Area, refugees having been granted asylum) and appli-

16 Chancengleichheitsgesetz Wien, §3 Translation, comparison and summary of federal laws, e.g. Wiener Behin-dertengesetz, §1a, Steiermärkisches Behindertengesetz, §2 (2). 17 Translation from: Behinderteneinstellungsgesetz, §3.


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cants must not be prevented from engaging in economic activity, e.g. due to attendance of school or university or retirement.18

The key advantages of the status of “persons with disabilities eligible for preferential treatment” are:

• special dismissal protection;

• additional annual leave under some collective agreements and plant agreements as well as pursuant to labour provisions;

• facilitated access to occupational rehabilitation measures;

• protected pay;

• special duty of care of the employer.

The appropriate guidance regulation for the status of “eligible/benefited disabled” per-sons originates from 1957 (minimally amended in 1999), at that time focusing on war-related forms of physical disability. Diverse forms of intellectual disability were not clas-sified within this guideline, thus leaving it to the discretion of the doctor doing the medi-cal assessment. 19

Persons with Disability “incapable of work”

The General Social Security Law (“Allgemeines Sozialversicherungsgesetz” ASVG) in § 273 defines “incapability of work” (“Berufsunfähigkeit”) as a consequence of physiologi-cal or mental conditions that lead to a work performance level of 50% or lower com-pared to a non-disabled employee or worker. Actually intended as a protection mecha-nism, this definition forms the basis for the categorisation of persons with disability as either “capable” or “incapable” of work. 20

Working in workshops for Occupational Therapy/Day Centres/Day Structures means persons with disabilities:

• have no independent social security;

• are not subject to employment protection laws;

18 Federal Ministry of Social Security, Generations and Consumer Protection. (2005). Assistance to people with disabilities in the Austrian Social System. Vienna: Department IV, p.13. 19 König, O. (2009): Report on the employment of disabled people in European countries. Country: Austria, p. 10-12. Retrieved April 6, 2010, from: www.disability-europe.net/content/pdf/AT%20Employment%20report.pdf 20 König, O. (2009), p. 10-11.


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• have no legal representation;

• are not eligible for retirement;

• do not receive wages (most states pay therapeutic “pocket money” of between approx. 20 and 50 € per month).

Sources:

Bundesministerium für Arbeit und Soziale Angelegenheiten (1993): The Austria Federal Government’s Disability Concept. Wien: Eigenverlag.


Federal Ministry of Social Security, Generations and Consume Protection. (2005). Assis-tance to people with disabilities in the Austrian Social System. Vienna: Depart-ment IV.

König, O. (2009): Report on the employment of disabled people in European countries. Country: Austria. Academic Network of European Disability experts (ANED).

Retrieved April 6, 2010, from: www.disability-europe.net/content/pdf/AT%20Employment%20report.pdf


There is no definition of “Disability“(handicap) or “Persons with a Disability “(person met en handicap) in Flandesr. Whether a person is considered to be disabled for benefit or employment reasons depends on the decision of a medical practitioner who defines the degree of disability.

E.g. “Wet betreffende tegemoetkomingen aan personen met een handicap – 2009-0327”(Law on benefits for persons with a disability).


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2.3.3 France

Definition of Disability – France

"Within the meaning of this Act Disability is any limitation or activity of restriction of participation in social life suffered in one’s environment, because of a substantial im-pairment, lasting or permanent of one or more functions whether physical, sensory, in-tellectual, cognitive or mental, because of multiple disability, or because of an incapaci-tating health condition" (Article 114 of Law February 11, 2005).

Who can be recognized as "disabled person"?

The recognition of disability requires that an application be submitted. The recognition of disability is assigned to a one stop local desk for persons with disability (MDPH). MDPHs rely on technical multidisciplinary teams (doctors, educators, psychologists, so-cial workers) who analyse each case before taking their decision. The disability assess-ment is made on the basis of a scale (“guide-barème”) based on the WHO International Classification of Functioning, Disability and Health (Annex 2-4 Decree 2004-1136 of 21/10/04).

The recognition of disability gives entitlement, for a disabled person, or his parents or guardians, to specific benefits. For example, the civil disability card, issued by the pre-fect, entitles persons with a permanent disability of at least 80% to receive tax benefits and, under certain conditions, parking spaces or spaces reserved in public transport.

Being recognized as a disabled worker

The law specifically defines the circumstances to justify the status of disabled persons in relation to employment and the correlated entitlement to benefits.

A disabled worker is considered to be, any person whose ability to obtain or retain em-ployment is substantially reduced due to the alteration of one or more physical, sensory, intellectual or psychological functions (Article L.5213-1 of the Labour Code).

Article L.5212-13 of the Labour Code defines the categories of persons entitled to the status of disabled workers, including:


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The workers recognised as disabled workers by the Commission on rights and autonomy of persons with disability (CDAPH) of the MDPH (one stop local desk for persons with disability).

• Victims of work-related accidents or illness with permanent disabilities of at least 10%, who are annuity holders of the social security.

• Holders of a disability card as defined in Article L. 241-3 of the code of social ac-tion and families.

• Beneficiaries of the allowance for disabled adults.

The recognition of the disabled worker status is granted by the Commission on Rights and autonomy of persons with disabilities (CDAPH). This recognition is completed by an orientation towards a facility or service dedicated to rehabilitation through work (ESAT or EA), towards the open labour market, or towards a vocational rehabilitation centre.

Gaining recognition of disabled worker status gives access to a range of measures aiming at promoting employability of persons with disabilities, including:

• Referral by the CDAPH to a facility or service for support to work, to the labour market, or to a vocational rehabilitation centre;

• Support of a specialised job placement service for person with disabilities, Cap Emploi;

• Beneficiary of the employment obligation;

• Access to public service through specific recruitment;

• Agefiph (the national agency responsible for developing the employment of per-sons with disabilities in the private sector) support measures;

• Priority access to various support measures for employment and training.


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2.3.4 Germany

The German Social Code defines the concept of disability as the starting point for the re-habilitation and participation of disabled persons. According to this Code, disabled per-sons 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 impaired. It makes no difference whether such impairment is congenital, or the result of an accident or illness.

Support for the participation of disabled persons in working life is possible if:

• a disability exists, is starting to develop or is imminent – that will not just be tem-porary but is likely to last for a period of at least six months;

• specialised training and vocational aids are necessary because of the nature and severity of the disability.

The restrictions imposed by the disability must be specifically verified and checked by the responsible rehabilitation provider (e.g. by consulting expert opinion). A temporary illness does not constitute grounds for support.

Persons with a severe disability have special rights through Book 9 of the German Social Code.

2.3.5 Greece

In 2001 the Constitution of Greece implemented the term ‘persons with disabilities’21 (Constitution of Greece § 21, 6). Prior to that, the law referred to this group by using the following terms and definitions: ‘abnormal’ (1937), ‘anomalous’ (1981), ‘persons with special needs’ (1985) and ‘persons with special educational needs’ (2000) (Christakis 2006, 110).

The Law 3699/2008 includes the definition of ‘students with special educational needs’. According to that definition students have special educational needs if their learning

21 Άτομα με Αναπηρία.


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process is affected by physical, intellectual or psychical impairments (cp. Law 3699/2008 § 3). While this definition includes students with learning difficulties, social problems or highly skilled students, it does not consider students with low school achievements due to linguistic or cultural differences (cp. Law 3699/2008 § 3).

The definition for adults with disabilities is determined by the Law 2643/1998. Consid-ered to be disabled according to the definition of the law are persons:

“with a degree of disability of at least 50%, who have limited possibilities in vocational employment, because of any permanent physical, intellectual or psychical disease or de-fect (persons with special needs), provided that they are enrolled in the register of OAED22 for unemployed persons with disabilities” (Law 2643/1998 § 1, 1).

Persons with physical, intellectual and psychical disabilities have the right to request a dis-ability card, which is defined by the Law 2430/1996. The disability card was introduced in 1996 with the aim to verify the disability. It is obligatory for persons with a disability grade above 67%. Up to now, it has been tested as a pilot project in Larissa, a city in Thessaly (mid-dle of Greece) (cp. Interior Ministry 2008, 62).

Sources:

Christakis, K. G. (2006). The Education of children with difficulties. Introduction to Spe-cial Education. Athens: Atrapos. [Χρηστάκης, K. Γ. (2006). Η εκπαίδευση των παιδιών με δυσκολίες. Εισαγωγή στην ειδική αγωγή. Αθήνα: Ατραπός.]

Constitution of Greece. (2001). From http://www.teilam.gr/nomothesia/Syntagma.pdf. [Σύνταγμα της Ελλάδας. (2001).]

Interior Ministry. (2008). Guide for citizens with disability. Athens: National printing. [Υπουργείο Εσωτερικών. (2008). Οδηγός του Πολίτη με Αναπηρία. Αθήνα: Εθνικό Τυπογραφείο.]

Law 3699/2008 ‘Special education and education of persons with disabilities or special educational needs’. Official Gazette 199/A’/2-10-2008. [Νόμος 3699/2008 ‚Ειδική Αγωγή και Εκπαίδευση ατόμων με αναπηρία ή με ειδικές εκπαιδευτικές ανάγκες’ ΦΕΚ 199/Α'/2-10-2008.]

Law 2643/1998 ’Care and employment for persons of special categories and other in-structions’. Official Gazette 220/A/28-9-1998. [Νόμος 2643/1998 ‚Μέριμνα για την απασχόληση προσώπων ειδικών κατηγοριών και άλλες διατάξεις’ ΦΕΚ 220/Α/28-9-1998.]

22 Organisation for the employment of the labour force (Οργανισμός Απασχολήσεως Εργατικού Δυναμικού).


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Law 2430/1996 ‘Regulation of the 3rd December as the day for people with special needs. Implementation of the disability card and other instructions’. Official Ga-zette. 156/A/9-7-1996. [Νόμος 2430/1996 ‚Καθιέρωση της 3ης Δεκεμβρίου ως Ημέρας Ατόμων με ειδικές Ανάγκες. Θέσπιση του θεσμού της κάρτας αναπηρίας και άλλες διατάξεις’ ΦΕΚ 156/Α/9-7-1996.]

2.3.6 Ireland

The definition of disability to be used in relation to the statutory minimum target on employ-ment of people with disabilities in the public sector, is that set out in the Disability Act 2005:

“Disability in relation to a person, means a substantial restriction in the capability of the person to carry on a profession, business or occupation in the State or to participate in social or cultural life in the State by reason of an enduring physical, sensory, mental health or intellectual impairment”23

“The use of a relatively narrow definition of disability in the Disability Act 2005 was in-tended to allow resources and positive measures to be focused on areas of most need. In terms of the employment target of 3%, the use of a narrower definition than hitherto poses new challenges for public service bodies to make additional efforts to employ and retain staff with disabilities. It also however creates new possibilities that public bodies will reach out to employ some of those experiencing more difficulty in finding work.”24

23

Disability Act 2005, National Disability Authority, www.nda.ie 24

2006 Report on Compliance with Part 5 of the Disability Act 2005 on Employment of People with Disabilities in the Public Service, National Disability Authority, www.nda.ie


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2.3.7 Italy

Persons with Disability

(According to Law 104/1992)

“A disabled person is a person who has a physical, psychic or sensory impairment, per-manent and/or progressive, that causes learning difficulties, difficult relationship, diffi-cult working integration, such that it is responsible for a process of social disadvantage or of marginalization”.

“The disabled person is entitled to the benefits established in his/her favour in propor-tion with the nature and the consistency of the impairment, to the personal residual ca-pacity and to the effective rehabilitative therapies”.

The prerequisite of the disability with the right to be included in the disabled employ-ment system, is given by a special Board, as ruled in Act 104/1992 art. 425. Also ruled are the criteria and the procedures of the medical exams for the control of the permanent disability status. Along with this, the Court of Cassation declared the possibility of per-sons with psychiatric disabilities to be employed as long as they are endowed with work-ing capability that enables a fruitful inclusion in the world of work, and that within the firms exist jobs compatible with his/her disability26.

Disability

“Disability is an umbrella term, covering impairments, activity limitations, and participa-tion restrictions. An impairment is a problem in body function or structure; an activity limitation is a difficulty encountered by an individual in executing a task or action; while a participation restriction is a problem experienced by an individual in involvement in life situations. Thus disability is a complex phenomenon, reflecting an interaction be-tween features of a person’s body and features of the society in which he or she lives”. (WHO, 1980)

25 “The prerequisites of the disability, of the difficulties, of the need of a permanent welfare intervention and of the residual entire personal capability, is given by medical boards (Medical Board of First Instance for the Civil Invalidity) completed by a social worker and of a specialized in the particular case to exam, both on duty at the local health units”. 26 Court of Cassation rule n. 2604/1993.


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The “key advantages” of the status of persons with disabilities, according to Law 104/1992, are:

• The right to health

• The right to education

• The right to work

• The right of being a citizen

• The right to social policies

2.3.8 Portugal

Disability is a disturbance in a person’s life habits as a result of dynamic interaction be-tween personal factors and environmental factors.

Portugal adopted the definition of mental disability of the American Association on Men-tal Retardation that the disability refers to limitations in the operation. It is character-ized for intellectual functioning below average, and the simultaneous existence of limita-tions in two or more of the adaptive capabilities: communication, personal care, sociali-zation, use of community resources, functional academic learning, health and safety, em-ployment and occupation leisure.


An analysis of the definitions of disability used in the partner countries of the IGOS pro-ject show that they focus on impairments that make participation in working/social life difficult, independently of the cause. It is so difficult to define the term “disability” in that in some countries, like Greece for example, definitions refer to words with the same root, such as “disabled” and even ”disability”!

In Austria, Belgium, Germany, Greece and Italy the definition refers to “impairments” and in Ireland (where a medically based definition of disability is also used) in terms of “restriction”. Portugal is the only country that seems either not to take into account the congenital disability or to have a very broad definition, since “Disability is a disturbance in a person’s life habits as a result of dynamic interaction between personal factors and environmental factors”.


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The French definition stands midway as it refers to a restriction of activity and participa-tion, due to an impairment.

The “duration” of the impairment is also different in every country. In most of the coun-tries only long-term or permanent impairments can be considered as disability. The ‘long-term’, however, is also defined broadly: in Austria and Germany as more than 6 months while in Belgium they just use “long term”. In Greece and Italy they refer to “permanent”, in France to “permanent” or “lasting” and in Ireland to “enduring” while in Portugal no time frame is mentioned.

The degree of participation restrictions or problems are also quite relative judging by the terms used: in Austria “possible complication”, in Belgium “significant”, in France “any”, in Germany “highly likely to deviate from the condition which is typical for the respective age”, in Greece “limited possibilities”, in Ireland “substantial”, in Italy “diffi-culties such that are responsible of a process of social disadvantage or of marginaliza-tion” and in Portugal just “a disturbance”.

Moreover, in Italy, Germany, Portugal and Ireland (medical definition), they try to com-pare the functioning of the disabled persons to the “average/typical”.

Disability definitions are so broad that they leave room for interpretation and that’s why in every country there are special bodies that judge on an ad hoc basis every case in or-der to determine if it can be classified as a disability case or not. (see page 47)


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Terms/ countries Disability Impairment duration Degree of participation

problems

Austria Impairments More than 6 months Seriously disabled / need

help to participation in social life

Belgium (Flanders) Impairments Long term Significant

France

Impairments/multiple disabil-

ity/incapacitating health conditions

Permanent or lasting Any activity limitation or

restriction of participation in social life

Germany Impairments More than 6 months

Highly likely to deviate from the condition which

is typical for the respective age

Greece Impairments Permanent Limited possibilities

Ireland Restrictions & medi-cally based definition

Enduring Substantial restriction

Italy Impairments Permanent

Difficulties that are re-sponsible of a process of

social disadvantage or marginalisation

Portugal Disturbance No time-frame is men-

tioned Disturbance


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2.4 National Classification of Disability

As there is no European Union wide description of a disability, a comparable classifica-tion is nearly impossible. The project partners contributed to this chapter by referring to national statistics.

2.4.1 Austria

Collecting data about the number of persons with disability is a very sensitive topic in Austria due to the history of this country.

Eligible/benefited disabled persons (Begünstigte Behinderte)

Statistical data about the employment and support situation of persons with disabilities that has a significant explanatory power is hard to obtain in Austria because most of the administrative authorities have different definitions of disability, depending on regula-tions concerning access to the diverse forms of services or benefits they are managing. The most important statistical indicator about the employment situation of persons with disabilities is the number of people who have acquired an “eligible/benefited disabled” status (Begünstigte Behinderte).27 They are working in ordinary employment settings as well as in the Inclusive Workplace Enterprises (integrative Betriebe).

27 König, O. (2009): Report on the employment of disabled people in European countries. Country: Austria, p. 6. Retrieved April 6, 2010, from: www.disability-europe.net/content/pdf/AT%20Employment%20report.pdf


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Ageing structure and gender:28

Total popula-

tion

Persons with disabilities eli-gible for preferential treat-

ment

Percentage

Male, 16 to 64 years 2.722.00 177.000 6 %

Female, 16 to 64 years

2.727.000 132.000 5 %

Male, 65+ 543.000 111.000 20 %

Female, 65+ 777.000 214.000 28 %

Male and Female, 16+ 6.769.000 633.000 9,00%

Total number of “eligible/benefited disabled persons”:29

Date of reference Persons with disabilities eligible for preferential

treatment overall

2009 94.034

2010 94.352

28 Sourcess: Bundesministerium für Arbeit, Soziales und Konsumentenschutz. (2009). Behindertenbericht 2008. Bericht der Bundesregierung über die Lage von Menschen mit Behinderungen in Österreich 2008. Wien: Büro Ser-vice Stelle A des BMASK, p.15. 29 Retrieved April 6, 2010 from: http://www.arbeitundbehinderung.at/de/arbeitsmarkt/arbeitsmarktdaten/beguenstigtebehinderte.php


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Gender:30

Persons with disabilities eligible for preferential treatment according to gender

Date of reference

„Benefited Disabled“

Overall Women Men

2009 94.066 37.913 56.153

2010 94.388 38.295 56.093

30 Retrieved April 6, 2010 from: http://www.arbeitundbehinderung.at/de/arbeitsmarkt/frauen/arbeitsmarktbeteiligung.php


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Age:31

“Benefited Disabled” per Age, 1st Jan. 2007

Completed age at the date of reference

“Benefited Disabled“

Overall in %

to 17 109 0,12%

18 to 20 504 0,54%

21 to 25 2.259 2,41%

26 to 30 3.703 3,96%

31 to 35 6.203 6,63%

36 to 40 10.597 11,32%

41 to 45 15.025 16,05%

46 to 50 18.234 19,48%

51 to55 19.430 20,75%

56 to 60 13.666 14,60%

61 to 65 3.155 3,37%

66 and older 739 0,79%

Overall 93.624 100%



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Employment rate:32

The only available data about the employment rate for persons with disabilities is statis-tical data about the employment status of registered disabled persons.

Employed and not employed persons with disabilities eligible for preferential treatment

Date of refer-

ence

Persons with disabilities

eligible for preferential

treatment overall

Persons with disabilities eligible for preferential treatment in employment

Not em-ployed

At companies with an em-

ployment obliga-tion

(> 25 employ-ees)

At companies without an

employment obligation

(< 25 employ-ees)

at independ-ent businesses

2005 92526 46906 9743 3773 32104

2006 93830 48208 9705 3841 32076

Inclusive workplace enterprises:33

Date of reference Persons with disabilities eligible for preferential treatment

working in “inclusive workplace enterprises” in total

2008 1485

32 König, O. (2009), p. 7. Retrieved April 6, 2010, from: www.disability-europe.net/content/pdf/AT%20Employment%20report.pdf 33 Bundesministerium für Arbeit, Soziales und Konsumentenschutz. (2009). Behindertenbericht 2008. Bericht der Bundesregierung über die Lage von Menschen mit Behinderungen in Österreich 2008. Wien: Büro Service Stelle A des BMASK, p.182.


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Persons with disability “incapable of work”

There are no nationwide statistics, because workshops/day centres for persons with disability “incapable of work” are run by the Länder. To give an example, the statistics concerning the occupational therapy (they are called “day structures” since 2010) in Vi-enna are mentioned:

Occupational therapy in Vienna:

In Vienna, 3.539 persons with disability (03.12.2007) were working in workshops for occupational therapy.34

34 Bacher, N., Löger, B., Motsch, H. (2008). Stand der Beschäftigungstherapie in Wien. Kapazitäten und Qualitäten der Angebote des Jahres 2007. Wien: Fonds Soziales Wien Eigenverlag, p.10.


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Ageing structure and gender (2007):35

Completed age at the

date of reference

Male and Female Female

Overall in %

15-19 286 38%

20-24 505 44%

25-29 425 41%

30-34 379 38%

35-39 439 46%

40-44 457 47%

45-49 405 47%

50-54 260 40%

55-59 197 43%

60-64 111 41%

65-69 63 48%

70 and older 12 50%

Overall 3.539 100%

35 Bacher, N., Löger, B., Motsch, H. (2008). p.8.


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Type of Disability:

In the evaluation of the Government’s employment offensive the following numbers were reported for the evaluation period 2004-2006:36

Type of disability Population Percentage

Persons with a physical disability 15751 32,90%

Persons with mental illness 8595 18,00%

Persons with an intellectual disability 8652 18,10%

Persons with a visual impairment 1968 4,10%

Persons with a hearing impairment 4770 10,00%

Persons with learning disability and/or social

/emotional problems 18551 38,70%

Persons with Special Educational Needs 13394 28,00%

Not specified 1681 3,50%

Total: 47874 persons

Service User Profile (2007) for occupational therapy in Vienna:37

Type of disability Percentage

Intellectual Disability: 68,00%

Mental Health: 17,00%

Physical & Sensory: 6,00%

Basic needs/intensive care: 9,00%

36 Eglseer, T., Lechner, F., Riesenfelder, A., et al (2008). Evaluierung der Beschäftigungsoffensive 2004-2006. Über-arbeiteter Endbericht. Wien: L&R Sozialforschung, p.51. Retrieved April 6, 2010 from: http://www.lrsocialresearch.at/files/eb_final_eval_beschaeftigungsoffensive_bmsk.pdf 37 Bacher, N., Löger, B., Motsch, H. (2008). p.11.


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Sources:

Bacher, N., Löger, B., Motsch, H. (2008). Stand der Beschäftigungstherapie in Wien. Kapa-zitäten und Qualitäten der Angebote des Jahres 2007. Wien: Fonds Soziales Wien Eigenverlag.


Eglseer, T., Lechner, F., Riesenfelder, A., et al (2008). Evaluierung der Beschäftigungsof-fensive 2004-2006. Überarbeiteter Endbericht. Wien: L&R Sozialforschung. Retrieved April 6, 2010 from:

http://www.lrsocialresearch.at/files/eb_final_eval_beschaeftigungsoffensive_bmsk.pdf

König, O. (2009): Report on the employment of disabled people in European countries. Country: Austria. Academic Network of European Disability experts (ANED). Re-trieved April 6, 2010, from: www.disability-europe.net/content/pdf/AT%20Employment%20report.pdf

Statistics and information on employment and working life of persons with a disability. Retrieved April 6, 2010 from: http://www.arbeitundbehinderung.at/de/arbeitsmarkt.


Sheltered workshops in Flanders:

There are 68 recognised sheltered workshops in Flanders of which some are in coopera-tion, or have several settlements. These workshops employ 19.000 persons of which 16.200 have a work disability.

Social workshops in Flanders:

There are 97 recognised social workshops in Flanders that employ 6.000 persons of which 1/5 are subsidised job coaches.


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Overview employees in sheltered employment on 31/12/2008:

Registered workshop employees in Flanders:

Units FTE* % total staff in units % total staff in FTE

TOTAL 19375 17643 100,00% 100,00%

Persons with (work)disability 15662 14185,65 80,84% 80,40%

Persons without disability** 3011 2803,4 15,54% 15,89%

*Full-time Equivalent

** Support workers and management

Evolution since 2003:

Vulnerable groups in Sheltered WS 2003 2004 2005 2006 2007 2008

Amount in units 8338 8519 8649 8794 8916 8950

Amount in FTE 7434,24 7552,42 7752,53 8004,03 8115,11 8092,11

Percentage of total PwD 59,01% 58,21% 58,77% 58,51% 57,33% 57,04%


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Gender classification:

Units FTE* % total staff

in units

% total staff

in FTE

TOTAL 19375 17643 100,00% 100,00%

Women Men Women Men Women Men Women

Persons with (work)

disability 6388 9289 5716,37 8492,14 32,97% 47,94% 32,40%

Persons without disabil-

ity** 1275 1713 1147,68 1637,28 6,58% 8,84% 6,51%

Other 349 361 309,41 340,54 1,80% 1,86% 1,75%

TOTAL 8012 11363 7173,46 10469,96 41,35% 58,65% 40,66%

*Full-time Equivalent

** Support workers and management

Age classification:

< 20 y 21 - 30 y 31 - 40 y 41 - 51 y 51 - 60 y > 60 y

2004 1,06% 19,74% 30,23% 33,22% 14,61% 1,14%

2005 1,07% 19,72% 28,36% 34,17% 15,41% 1,27%

2006 1,21% 19,56% 27,20% 34,30% 16,50% 1,23%

2007 1,47% 19,63% 25,73% 34,17% 17,51% 1,49%

2008 1,43% 19,44% 24,73% 34,15% 18,61% 1,64%


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Disability Classification

Because of its historical background, sheltered places in Flanders and Belgium do not employ persons with severe physical, intellectual or mental disabilities. People with severe disabili-ties are admitted in what we call “occupational services “(centra voor niet-werkenden, centers for non-employed)

Sources:

Vlaamse Federatie van Beschutte Werkplaatsen, Socio- en financieel-economische situatie van de Beschutte Werkplaatsen in Vlaanderen.

Portaalsite van de sociale economie in Vlaanderen en het Brussels Hoofdstedelijk Gewest. This site is the digital knowledge centre on the sector of social economy: www.socialeeconomie.be/

2.4.3 France

In France 1.8 million persons of working age (between 15 and 64 years) are recognised as disabled. In 2008, 284 000 persons with disabilities were working for a private em-ployer with 20 employees or more, as beneficiaries of the obligation to hire persons with disabilities. 200 000 were unemployed. 111 317 were working in ESATS, and 26 121 in EAs.

Survey conducted in 2009, based on 595 ESAT which have completed the questionnaire.

Representing 51 248 places and 47% of the people with disability supported by ESATs in France.

Size of the workshops

Size Percentage

Up to 50 users 22,00%

51 to 100 users 48,00%

101 to 200 users 26,00%

201 to 300 users 5,00%


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Type of disability

Predominance of users with intellectual disabilities remains. Workers with intellectual disability represents 2/3 of the workers in ESAT and ¼ of users are with complex dis-ability.*

These figures should not hide the growing proportion of people with mental disability in these workplaces: as a main disability it now affects nearly 1/5 of the users.

Main disability Combined to a main disability

Intellectual disability 66,00% 23,00%

Mental disability 19,00% 25,00%

Cerebral palsy 2,00% 3,00%

Brain injury 2,00% 4,00%

Physical disability 3,00% 9,00%

Visual or hearing impairment 2,00% 9,00%

Behaviour disorder 3,00% 15,00%

Autism 1,00% 4,00%

Others 3,00% 9,00%

By comparison, in 1999 77% of the workers were persons with intellectual disability and 11% were persons with mental disability.

Vulnerability to Tiredness

In total, approximately 23% of users working in ESATs are considered as vulnerable to tiredness. It means that they are less productive due to their age or to the evolution of their disability. It represents about 25 000 persons.


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% of users vulnerable to tiredness

0 or no answer 5,00%

1 to 10% 16,00%

10 to 25% 43,00%

26 to 50% 28,00%

51 to 75% 4,00%

Over 75% 4,00%

% of users vulnerable to tiredness

up to 50 users 51 to 100 users 100 users <

0 or no answer 7,00% 5,00% 3,00%

From one 1 to 10% 16,00% 19,00% 12,00%

From 10 to 25% 30,00% 44,00% 51,00%

From 26 to 50% 28,00% 26,00% 31,00%

From 51 to 75% 8,00% 2,00% 2,00%

More than 75% 11,00% 4,00% 1,00%

Explanation: 16% of the ESAT with 1 to 50 workers have from 1 to 10% of the users vulnerable to tiredness.


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Age of the users:

According to the survey, 45% of users ESAT are over 40 years and 16% are over 50 years.

Age of the users: %

Under 40 years old 56,00%

41 to 50 years old 29,00%

51 to 55 years old 11,00%

Over 56 years old 5,00%

Therefore, ESATs are facing a big challenge in terms of renewing the population of users; renewal relating to the new health and social profile of new entrants. A broad consensus exists on the need - and sometimes difficulties – to support people with complex needs (combined mental health difficulties, behavioural disorders, in addition with social prob-lems).

Users with severe behavioural disorders:

83% of ESAT support people with severe behavioural disorders. It concerns 7.5% of the total of the places in ESAT. Therefore, few users are concerned but these results are to be compared with two elements:

• Surveys noted these difficulties essentially with younger workers, new entrants;

• The significance of ageing in ESAT make us anticipate some developments over the next 10 years taking into consideration the significant renewal of a major proportion of the population currently present in the workplaces.


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% Users with severe behavioural disorders

0 or no answer 17,00%

1 to 5% 35,00%

6 to 10% 27,00%

11 to 20% 15,00%

Over 20% 7,00%

2.4.4 Germany

a) Registered population in Germany in total (31.12.2007): 82.217.800

Population in absolute figures Population in percentage

male 40274300 48,98%

female 41943500 51,02%


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b) Registered population with a severe disability38 in Germany in total (31.12.2007):

6.918.172

Age Male Population Female Population

Absolute Figures Percentage Absolute Figures Percentage

under 4 7.998 0,12 % 6.299 0,10 %

4 – 6 years 8.200 0,11 % 5.802 0,08 %

6 – 15 years 54.328 0,78 % 37.600 0,54 %

15 – 18 years 23.425 0,34 % 16.493 0,24 %

18 – 25 years 68.096 0,98 % 49.061 0,71 %

25 – 35 years 112.836 1,63 % 87.674 1,27 %

35 – 45 years 237.688 3,44 % 209.582 3,03 %

45 – 55 years 433.010 6,26 % 393.254 5,68 %

55 – 60 years 351.970 5,09 % 298.857 4,32 %

60 – 62 years 162.174 2,34 % 124.153 1,79 %

62 – 65 years 274.414 3,97 % 199.188 2,88 %

65 and more 1.853.111 26,79 % 1.902.959 27,51 %

In total 3.587.250 51,85 % 3.330.922 48,15 %

38 Persons with a severe disability in possession of a disabled person’s identification card are registered and shown in the above mentioned statistics


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Registered workshop employees39 in Germany in total (31.12.2007):268.544

Absolute Figures Percentage

Workshop employees with a mental disability 210.509 78,98 %

Workshop employees with a physical disability 10.126 3,58 %

Workshop employees with a mentally-health illness 47.909 17,44 %

In Total 268.544 100 %

The mentioned figures cover only those persons with a severe disability for whom a re-habilitation measure in a German workshop is organised.

39 Since they are engaging in a rehabilitation measure, participants in a workshop for disabled persons have a legal status similar to that of an employee with respect to the workshop. Under current Federal German social legislation, “the content of the legal status similar to that of an employee … will be more precisely specified by workshop contracts between the disabled persons and the workshop operator, taking due account of the social security relationship between the disabled persons and the rehabilitation provider.” This type of rehabilitation relationship gives rise to extensive employee rights, for example in relation to holiday entitlement, materni-ty/parental leave, privacy and limitation of liability. The equivalency principle of work in return for compensa-tion does not apply.


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2.4.5 Greece

The following table shows the number of the Special Centres of Social and Vocational Integration (EKEK) and their capacity of places.

Special Centres of Social and Vocational Integration (EKEK) for persons with dis-

abilities. Retrieved April 29, 2010, from www.ekepis.gr

Prefectures EKEK Capacitance of places

East Makedonia-Thrace 1 35

Attica 13 1104

North-Aegean 0 0

West-Greece 4 356

West-Macedonia 0 0

Epirus 0 0

Thessaly 0 0

Ionic Islands 0 0

Central-Makedonia 6 164

Crete 3 146

South Aegean 0 0

Peloponnese 0 0

Central-Greece 0 0

Total 27 1805


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It is possible, that the capacity of places is not quite in accordance with the real use of places for persons with disabilities. The table does not include the Special Centres of So-cial and Vocational Integration (EKEK) for persons after drug addiction. The number of persons distinguished by gender, age and the type of handicap is not published by EKEPIS. It is obvious from table1, few persons with disabilities benefit from the EKEK. The most EKEK are in Attica, where nearly half of the Greek population live.

In Greece, 18.2% of the population have a disability or a permanent health problem. More than the half of them are above 65 years old (cp. National Statistical Service of Greece 2003, 1).

Within the working population (age 16 to 64) there are 10.3% of persons with disabili-ties or a permanent health problem (cp. Eurostat 2003, 1). Separated by gender, there are 10.6% of the women and 9.9% of the men affected (cp. Eurostat 2003, 3).

The following table shows the prevalence of persons with disabilities or a permanent health problem in comparison to gender and age:

Persons with disabilities or a permanent health problem in comparison to gender

and age (Eurostat 2003, 2).

Age Women Men Total

16-24 2,5 2,7 2,6

25-29 2,9 3,2 3,1

30-34 4,2 4,1 4,1

35-39 5,8 5,7 5,8

40-44 8,1 7,5 7,8

45-49 10,4 9,3 9,9

50-54 15,5 14,6 15,0

55-59 22,1 20,3 21,2

60-64 31,2 29,0 30,1


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In 2002, 6.5% of disabled persons were employed. As shown in the table below, in Greece there are a higher percentage of women with disabilities who are employed. In total, 6.5% of the persons with disabilities are unemployed, while there are more men than women affected (cp. Eurostat 2003, 1ff.).

Employed and unemployed persons with disability in comparison to gender (Euro-

stat 2003, 1ff.).

Employed Women

Men

Total

7,0

6,2

6,5

Unemployed Women

Men

Total

5,6

8,0

6,5

The following table shows the work force participation of persons with disabilities in comparison to the total population.

Persons with disabilities or a permanent health problem in comparison to their

work force participation (National Statistical Service of Greece 2002, 3).

Persons with disabilities or a per-

manent health problem

Total population

Total of persons

with disabilities

Persons working Total population Persons working

Employees 14,9 91,1 38,1 90,4

Unemployed 1,5 8,9 4,1 9,6

Not in labour force 83,6 - 57,9 -


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According to the National Statistical Service of Greece there are 84% of persons with disabilities, who are not employed compared to 58% of the total population (cp. National Statistical Service of Greece 2003, 1).

Sources:

Eurostat. (2003). Statistik kurz gefasst. Bevölkerung und soziale Bedingungen. Beschäf-tigung behinderter Menschen in Europa 2002. From http://www.eds-destatis.de/de/downloads/sif/nk_03_26.pdf.

National Statistical Service of Greece. (2003). Persons with health problems or disability. Summary. From http://www.statistics.gr/portal/page/portal/ESYE/BUCKET/A0102/PressReleases/A0102_SJO12_DT_AH_00_2002_01_F_GR.pdf.

National Statistical Service of Greece. (2002). Study of persons with a permanent health problem or disability. Retrieved April 23, 2010, from www.statistics.gr. [Υπουργείο Οικονομίας και Οικονομικών Εθνική Στατιστική Υπηρεσία της Ελλάδος. (2002). Έρευνα για άτομα με προβλήματα υγείας ή αναπηρία.]

2.4.6 Ireland

IE Census April 2006 – 4,239,848

Census 2006 - Nationality (Central Statistics Office – IE)

IE UK PL LT Other EU 27 Rest of World Not Stated Total

3,706,683 112,548 63,276 24,628 75,323 143,958 45,597 4,172,013

90.3% 3.1% 1.0% 0.5% 1.7% 2.6% 0.9% 100.0%


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Summary:

Number of Organizations providing Sheltered Occupational Services: 81

Number of Service Users: 25,302

Whole Time Equivalent (WTE) Funding Per Service User: € 5,607*

National Funding Resourcess (DOHC): €306.7 Million

Day Activation/Activity: 13,269

Active Community Integration: 4,607

Day Care: 3,618

Rehabilitation Training: 2,789

Education Programmes: 1,533

Work like Programmes:

Sheltered Work Commercial: 2,826

Sheltered Work Therapeutic: 1,749

Sheltered Work/Like Work: 875

External Work/Like Work: 99

Service User Profile:

Intellectual Disability: 13,663 - 54%

Mental Health: 7,337 - 29%

Physical & Sensory: 4, 048 - 16%

Autism: 253 - 1%


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Age Profile:

Under 18 Yrs: 139

Between 26-55 Yrs: 22,774

Over 65 Yrs: 2,389

(National Review of Health Service Executive Funded Adult Day Services, HSE, 2008)

Total number of persons with disabilities: 393,785

Irish: 362,239

Non-Irish: 24,267

Disability: Work Force participation (Central Statistics Office IE – Census 2006)

Disability Total Total in Labour

Force

Employer or

own account

worker

Employee Assisting Rela-

tive

Looking for

1st regular

job

Total per-

sons with a

Disability

360,529 93,841 13,141 64,258 401 1,698

Sources:

http://www.cso.ie/releasespublications/pr_pop.htm


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2.4.7 Italy

The data sources of the following tables comes from ISTAT (National Institute of Statis-tics)

Italian population

Total population (01.01.2009)

MALE 29.152.423

FEMALE 30.892.645

Total 60.045.068

Disabled persons from 6 years old divided into age groups (2000)

AGE

GROUPS

6-14 15-44 45-64 65-74 75-79 80 and

more

TOTAL

MALE 40.000 108.000 153.000 204.000 129.000 260.000 894.000

FEMALE 40.000 114.000 209.000 323.000 313.000 722.000 1.721.000

TOTAL 80.000 222.000 362.000 527.000 442.000 982.000 2.615.000


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Statistical percentage distribution of the disabled persons employed (2000)

15-44 (age) 45-64(age) 15-64(age)

MALE 29.4 20.8 24.4

FEMALE 15.5 6.6 9.7

TOTAL 22.3 12.6 16.3

About 40-45% of the disabled persons that benefit from Act 68/1999 are employed. Levels are higher on the North and decrease going to the Centre and to South. According to I.S.F.O.L. (Istituto per lo Sviluppo della Formazione Professionale dei Lavoratori) (Institute for the De-velopment of the Vocational Training of the Workers) during 2002, the amount of disabled persons employed were 22.353 (more than 100 per working day)40. Specifically, one third of the employment (8.363) being in the North West, 5.062 in the North East, 4.628 in the Centre and 4.628 in the South. The best city has been Milan with more than 2.000 engagements (25% of the amount in North West). Thanks to the targeted employment, hiring agreements have increased in percentage of 117%, and moved forward from 2.824 of 2001to 6.124 in 2002.

Statistical distribution of the disabled people at work (2000)

Employed in public and

private firms and in the

social cooperatives

Registered in the em-

ployment lists

Renounces

to a job

Unemployment percentage rate

210.000 64.000 145.000 55% (70% South)

40 Data given during the Conference “Job integration of the disabled, a possible match” – Milan, 2003.


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Statistical percentage distribution of the disabled persons employed depending on

their disability (2000)

Men Women Total

Individual restriction 14.3 6.9 9.7

Functional 16.3 4.1 10.1

Movement 18.0 6.8 11.6

Sensory 32.5 17.9 25.9

Amount of PWD 24.2 9.6 16.3

Number of the disabled persons depending on the disabilities (2000)

motor visual deaf-dumb psychic

1.100.000

(60.000 on wheelchair)

350.000 800.000

(50.000 pre-lingual)

750000

Searching for a statistical percentage distribution on employment for disabled people it is most difficult and/or impossible to find out a section for the intellectually disabled group. They are joined to the mental ill group (as persons with psychiatric disabilities) or it is easier that they are connected with the physically disabled groupings.

According to Table 6 there are 3.000.000 disabled people in Italy (5% of the population): 40% men and 60% women. 4% of the newborn have malformations or congenital diseases both resulting in a disability. The European average is 10%.


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2.4.8 Portugal

Registered Population in Portugal in 04.02.2002

a) Population without disability = 93.9%

Population with disability Number Percentage

Male 333 911 6,70%

Female 300 497 5,60%

b) Population with Intellectual Disability

Intellectual disability Number Percentage

Male 5 075 0,80%

Female 3 806 0,60%

Age Number Percentage

0-15 years 1776 20,00%

16-24 years 2664 30,00%

25-54 years 2664 30,00%

55-64 years 1332 15,00%

65 444 5,00%


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Registered in November 2009

Training and Employment 5 206

Sheltered employment 409


The different structures for defining persons with disabilities in the 8 partner countries makes it quite difficult to present a common or general overall classification within the EU.

Even the meaning of “sheltered workshop” (used in most Northern European Countries), “occupational service” (sometimes used in Belgium Flanders), “cooperative” (used in It-aly) creates confusion and difficulty in terms of managing classifications;

Average numbers for persons with disabilities are specified differently;

In some partner countries it is quite difficult to ascertain the exact number of special occupational services on offer: sheltered workshops, cooperatives, special settings, etc.

Another problem to take into account, as experienced in many countries, is to ascertain the exact number of persons with disabilities classified in terms of working in the right workplaces, guaranteed by law, respecting the legislation and so on;

However this analysis and overview is very interesting in that it provides examples of how disability is defined and classified in the 8 partner countries from a governmental and territorial point of view.


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2.5 Description of the Legal Framework under which these ser-

vices operate

Similar to the national definitions of disability, the legal frameworks under which these services operate are equally based on different national approaches based on historical experiences and the policy perception of stakeholders for persons with a disability in the member states. This chapter describes the legal framework existing in the partner coun-tries in regard to sheltered occupational services/workshops.

2.5.1 Austria

Inclusive workplace enterprises

Persons with disabilities – as long as they are considered as “capable of working” – are in general treated as an equal group with one separate piece of legislation – the Disabled Persons Employment Act (Bundesbehinderteneinstellungsgesetz, §11) through which the employment of persons with disability is regulated:41

Employment obligation on companies with more than 25 employees/workers (per 25 employees one “eligible/benefited disabled” person must be employed).

Regulations concerning the compensation fee (Ausgleichstaxe) – a fee that companies have to pay for each designated position that is not filled.

The use of the Compensation tax fund (Ausgleichstaxfonds) for employment-related support measures.

The definition and regulation on the application procedure to acquire the official dis-abled status.

Regulations concerning “inclusive workplace enterprises” (Integrative Betriebe).

Social security and payment according to collective agreement is regulated by the Gen-eral Social Security Law (“Allgemeines Sozialversicherungsgesetz” ASVG).



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Workshops/Day Structures/Day Facilities

Federal laws in each federal state in Austria regulate work for persons with disability that are “incapable of work”, e.g.. Chancengleichheitsgesetz Wien, Steiermärkisches Be-hindertengesetz.

The General Social Security Law (“Allgemeines Sozialversicherungsgesetz” ASVG) in § 273 defines “incapability of work” (“Berufsunfähigkeit”).

Other Laws/Acts which are strongly linked and or which impact/influence these

services:

The National Law on Equal Treatment of Disabled People (Bundesbehindertengleichstel-lungsgesetz) has also an effect on discriminatory passages in pieces of legislation con-cerning work.

Sources:



König, O. (2009): Report on the employment of disabled people in European countries. Country: Austria. Academic Network of European Disability experts (ANED). Re-trieved April 13, 2010, from: www.disability-europe.net/content/pdf/AT%20Employment%20report.pdf


In Flanders there is no national or regionally global, clear disability act or strategy developed as of yet. The most important framework that provides support for people with disabilities is the Decree of May 2004 which led to the establishment of an internal autonomous agency with legal personality - Flemish Agency for Disabled Persons VAPH.

The main aim of the decree and thus the agency is to help these people lead a better and more independent life. It aims to promote participation, integration and equal opportunities for the disabled in all areas of social life by organising support foro persons with disabilities and their living environment.


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There are different acts, decrees and ministerial orders that help determine how services need to operate. In the area of sheltered workshops, the most important decree is the Decree of the Flemish Government laying down the conditions for recognising sheltered workshops of 17/12/1999 (current version 01/10/2008).

The legal framework on the funding of persons with a work disability, staff and organisation of the workshops is provided by the Decree of the Flemish Government on subsidy rules on wages, social security of employees in sheltered workshops, recognised by VSWSE of 19/12/96 (version 01/04/2006).

Other examples of funding are the Decree of 17 October 2003 on the quality of health and wel-fare services or the Ministerial order of December 2009 that determine the conditions for al-location of personal assistance budget.

Sources:

www.codex.vlaanderen.be

2.5.3 France

In France, the legal framework is provided by the 2005 Act for Equal Rights and Opportuni-ties, Participation and Citizenship of Persons with Disabilities.

As a result of this Act, ESATs (Institutions and Services for Rehabilitation by Work) and EAs (Adapted Firms) are regulated by two distinctive types of provisions:

• As social and rehabilitation care facilities, ESATs are operating under the Code of Social Action and Families, outside the scope of labour law;

• EAs are operating under the Labour Code, within the scope of labour law.

This is a crucial distinction:

• As social and rehabilitation care facilities, ESATs’ primary aim is clearly to provide persons with disabilities with a medico-social and education support, and to pro-mote their personal and social development, through various activities of profes-sional nature. This aim is enshrined in the Code of Social Action and Families. Per-sons with disabilities do not have the status of employee but the status of users.


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This offers them a very protective status, including protection against dismissal. Persons with disabilities are also offered a number of rights (e.g. right to holiday);

• In EA, persons with disabilities are employees. Their contracts are regulated by the Labour Code and relevant collective agreements between social partners.

The Code of Social Action and Families provide for the regulation of rehabilitation facilities and services, including ESATs. It sets out conditions for their development, functioning and evaluation (see 2.7.3).

Another key provision of the 2005 Disability Act, impacting directly on occupational services, is the obligation for public and private employers to employ at least 6% of persons with dis-abilities in their total workforce. One way to comply with this employment obligation is to sub-contract activities to ESATs or EAs. The 2005 Disability Act has therefore created a strong incentive towards the ESATs or EAs for companies.

Finally the annual national budget law is an essential piece of legislation as it sets out the type and volume of social services per year (included the number of positions in ESATs and EAs funded per year).

2.5.4 Germany

The basic legal framework to regulate German workshops for adapted work is based in Federal Social Code XI (Bundessozialgesetzbuch IX). As previously mentioned the per-ception and the duties of German workshops for disabled persons are described in Social Code IX, article 136. The workshop for persons with disabilities is an institution for par-taking in working life and for the integration in working life. These are people who on account on their disability, cannot or cannot yet find work or are not yet able to find work again on the general labour market. The degree of disability is not relevant and the degree of earning capacity is not important. The nature and cause of their disabilities are also unimportant. Ultimately, it is also unimportant why they cannot get a job if the only decisive factor is the disability. Thus the only crucial factors are the three criteria of not, not yet or not yet [...] again being able to work on the labour market.

Based on the above mentioned framework, details on how a workshop has to be organ-ised are further part of the workshop decree (Werkstättenverordnung). The workshop decree as a Federal governmental regulation defines functions and the organisation of a workshop for adapted work. This decree includes the procedure for recognition as a workshop for persons with disabilities as well as their technical requirements.


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Every legally recognised German workshop is composed of three measures:

1. The entry procedure

The entry procedure examines whether the workshop for disabled persons is the right institution to help the disabled person participate in working life. The procedure also ascertains what section of the workshop can be used and what type of support will be needed. Representatives of the funding agencies decide together with the disabled per-son and the workshop management whether the disabled person should take up em-ployment in the workshop.

In addition, the entry procedure examines “what sections and services of the workshop can be used to help participation in working life or integration into working life”. This measure is mainly funded by the Federal Employment Agency.

2. The vocational training area

The vocational training section in a workshop for disabled persons is divided into two parts: a foundation course and an advanced course. In the foundation course, skills and basic knowledge relating to different work operations are imparted, including manual skills in handling different materials and tools. In the advanced course, skills with a higher degree of difficulty, particularly in operating machinery, and an in-depth knowl-edge of materials and tools are imparted.

On completion of the measures in the vocational training section, the disabled person should be in a position to perform a minimum amount of economically useful work. The duration of the measure is limited to two years.

3. The work area

After successful training in the vocational training section of the workshop, a permanent job can be obtained in the work area. This often contains special workshops for different types of disability (e.g. physically disabled or partially sighted). If a job is found outside the workshop in the general labour market, it is possible to change at any time. The re-habilitation team of the local employment agency gives advice on requirements and sup-port possibilities.

Workshops are designed to be disability-friendly. Specialist services are available for medical, psychological and social care.


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2.5.5 Greece

There is no clear legal framework for the field of the employment of persons with dis-abilities in special work settings. In two laws these work settings are mentioned: The Law 1836/1989 § 14 lists special productive centres (PEKE) (cp. Mpartzeliotis 2008, 59) and the Law 2646/1998 § 17 sheltered productive centres (PPE) (cp. Papastathi 2007, 182). An appropriate presidential decree is missing, which could facilitate special work settings.

By a decree of the Ministry of Health and Welfare it is established how the Laws 1836/1989 and 2646/1998 could be implemented, that means the general regulations, conditions and organisation of services offering special work settings for persons with disabilities (cp. ibid.).

The integration of persons with disabilities in the open labour market is Legally better established.

There are:

• a legal framework (e.g. the duty of employers to employ employees with disabili-ties, Law 2643/1998; the duty to fill free jobs in the field of telephone client coun-selling with blind graduates, Law 2643/1998 § 3, 6),

• (financial) support of the Organisation for the Employment of the Labour Force (OAED) for employers and employees with disabilities (cp. YPEKA 2007) and

• special conditions for employees with disabilities (increase of leave days, Law 2643/1998 § 8, 4; protection against unfair dismissals, Law 2643/1998 § 11, 1; ergonomic adaptation of the working place, cp. YPEKA 2007, 32).

EKEK – Special Centre of Social and Vocational Integration

There are Special Centres of Social and Vocational Integration (EKEK), which offer spe-cial work settings to persons with disabilities following their vocational education. The EKEK have to accredit by the National Centre for the Accreditation of Further Vocational Education Services (EKEPIS).

The most EKEK are private legal entities (NPID), which are initiated by parents of chil-dren with disabilities. The organisation of the EKEK is laid down in the Law 3025/2005. Organizations can accredit as an EKEK, which offer vocational education and special ser-vices of social support to persons with disabilities or to persons after drug addiction (cp. Law 3025/2005, article 3, 1). The institutions have to employ adequate educational, ad-


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ministrative and academic staff and have to offer adequate organizational and material structures (cp. ibic., 2), which are explicit defined in Article 4 of the Law 3025/2005. The aim of the accreditation of EKEPIS is to improve the services for persons with disabilities for facilitating the vocational and social integration of persons with disabilities (cp. ibic., 3).

The EKEK are used to establish special work settings for the participants, who finished vocational educational programmes. Their activities are officially not accepted as “work”, which is not paid. Often the participants get a “symbolic salary” (MPISTAS 2008, 7), which is rather small. The most organizations offering special work settings for persons with disabilities are under the responsibility of the Ministry of Health and Social Solidar-ity (cp. Papanikolopoulou 2007, 4; Antonopoulou 2008, 2).

Two practical examples

The institution „Faros “for blind persons in Athens offer special work settings. For this institution there is a legal framework that public services have to buy their products (cp. Dellasoudas 2004, 51; Papanis/Giabrimis/Biki 2007, 187). These workshops produce clothes and household articles for the army, airports, sailors, hospitals and in general the public services. The machine factory workshop fills orders of telephone providers and private companies (cp. Chiourea 1998, 22). There are also workshops like ceramics, sculpture and weaving (cp. ibic., 23).

The special vocational centre of OAED in Lakkias, Thessaloniki offers special work places to pupils with learning disabilities, in addition to the vocational courses in the fields of tailoring, gardening and carpentry (cp. Paschou/Telios 2008, 4). Up to now the work-shop mainly involves the field of weaving. The products of the workshop as well as the products of the courses can not be sold, because the centre belongs to the OAED and is governmental (cp. ibic., 14).

ΚΟΙΣΠΕ (SO.C.LI.)

The Social Cooperatives Limited (Κοινωνικοί Συνεταιρισμοί Περιορισμένης Ευθύνης) can be constituted according the Article 12 of the Law 2716/1999. These cooperatives can be productive, commercial, consuming, supplying, transporting, tourist, constructing, cred-iting, development, educating and cultural units. According to this Law, only one ΚΟΙΣΠΕ can exist, per sector of psychic health, which is per prefecture, except of special cases where more that one can exist. The members can be persons with mental or intellectual disabilities (not less that 35%), mental health professionals (not more than 45%) and municipalities or other legal entities (not more than 20%). In the 7member board 5


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members are from the two last categories, while 2 of them are of the first one (Law 2716/1999)

Last, but not least, the government announced in autumn of 2010 the proposition of a new law by which the idea of social enterprises is introduced. According to the an-nouncement of the bill, Social Enterprises will be limited and they will be able to pro-duce, supply and sell goods and services of general profit. Their aim will be to involve social vulnerable groups in production activity and the potential participants can be ei-ther persons or organisations. These enterprises will be categorised as

• Social Limited Enterprises of Social Welfare • Social Limited Enterprises of Inclusion • Social Limited Enterprises of collective purpose

(online at:http://government.gov.gr/)

Sources:

ANTONOPOULOU, F. (2008). Home for special vocational education. Centre for social care for persons with learning disabilities. From http://www.eseepa.gr/cms/images/stories/site_img/estia_leaflet.pdf [Αντωνοπούλου, Φ. (2008). Εστία Ειδικής Επαγγελματικής Αγωγής. Κέντρο κοινωνικής φροντίδας για άτομα με νοητική υστέρηση.]

CHIOUREA, R. (1998). Introduction to education of blind persons in Greece. Athens: Ek-doseis Lychnos. [Χιουρέα, Ρ. (1998). Εισαγωγή στην Εκπαίδευση των Τυφλών στην Ελλάδα. Αθήνα: Εκδόσεις Λύχνος.]

DELLASOUDAS, L. G. (2004). School- and vocational counselling of persons with disabili-ties. From theory into practice. Frameworks, problems, use of school and voca-tional integration and inclusion. Athens: Atrapos. [Δελλασούδας, Λ. Γ. (2004). Σχολικός και επαγγελματικός προσανατολισμός ατόμων με αναπηρία. Από τη θεωρία στην πράξη. Προϋποθέσεις, προβλήματα, εφαρμογές εκπαιδευτικής και επαγγελματικής ένταξης και ενσωμάτωσης.]

Law 1836/1989 ‚Promotion of the employment and the vocational education’. Offical Gazette 79/A/14-3-1989. [Νόμος 1836/1989 ‚Προώθηση της απασχόλησης και της επαγγελματικής κατάρτισης και άλλες διατάξεις’. ΦΕΚ 79/Α/14-3-1989.]

Law 2643/1998 ’Care and employment for persons of special categories and other in-structions’. Offical Gazette 220/A/28-9-1998. [Νόμος 2643/1998 ‚Μέριμνα για την απασχόληση προσώπων ειδικών κατηγοριών και άλλες διατάξεις’ ΦΕΚ 220/Α/28-9-1998.]

Law 2646/1998 ‚Development of the national system of social welfare’. Official Gazette 236/A/20-10-998. [Νόμος 2646/1998 ‚Ανάπτυξη του Εθνικού Συστήματος Κοινωνικής Φροντίδας και άλλες διατάξεις’ ΦΕΚ 236/Α/20-10-1998.]


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Law 3025/2005 ‚System for certification, control and evaluation of special centres for social and vocational integration of persons with disabilities or after addiction’. Official Gazette 231/A/21-2-2005. [Νόμος 3025/2005 ‚Σύστημα Πιστοποίησης, Παρακολούθησης και Αξιολόγησης Εξειδικευμένων Κέντρων Κοινωνικής και Επαγγελματικής Ένταξης ατόμων με αναπηρίες (ΑμεΑ) και απεξαρτημένων ατόμων ή ατόμων υπό απεξάρτηση’ ΦΕΚ 231/Α./21-2-2005.]

MPARTZELIOTIS, K. (Ed.) (2008). The legal framework for persons with disabilities. Ath-ens: Sakkoula. [Μπαρζελιώτης, Κ. (Εκ.) (2008). Νομοθεσία για τα άτομα με αναπηρίες. Αθήνα: Σάκκουλα.]

MPISTAS, I. (2008). Workshop for special education Margarita. Special centre for voca-tional education of persons with disabilities. Athens: Unpublished document. [Μπίστας, Ι. (2008). Εργαστήρι Ειδικής Αγωγής Μαργαρίτα. Εξειδικευμένο Κέντρο Επαγγελματικής Κατάρτισης Ατόμων με Αναπηρίες.]

PAPANIKOLOPOULOU, P. (2007). Annual report of the Theotokos centre. From http://www.theotokos.gr/documents/annual%202007.pdf [Παπανικολοπούλου, Π. (2007). Ετήσιο απολογιστικό πλάνο του Θεοτόκος.]

PAPANIS, E., Giabrimis, P. E., Biki, A. (Ed.) (2007). Special education, vocational counsel-ling for persons with disabilities and de-hospitalization. Mytilini: Doukas & SIA OBEE. [Παπάνης, Ε., Γιαβρίμης, Π. Ε., Βίκη, Α. (εκδ.) (2007). Ειδική Αγωγή, Επαγγελματικός Προσανατολισμός Ατόμων με Αναπηρία και Αποασυλοποίηση. Μυτιλήνη: Δούκας & SIA OBEE.]

PAPASTATHI, I. K. (2007). Protection of persons with special needs. Thessaloniki. Disser-tation. From http://invenio.lib.auth.gr/record/67570/files/gri-2007-140.pdf?version=1 [Παπαστάθη, Ι. Κ. (2007). Προστασία ατόμων με ειδικές ανάγκες. Διδακτορική διατριβή.]

PASCHOU, P., Telios, K. (Ed.) (2008). Curriculum and Activities Year Book 2004-2008 of the Modern Small Industry of OAED. Thessaloniki: Kalamaria.

YPEKA: Ministry of Health and Welfare. (2007). Programmes for subsidization of new work places, free new jobs for persons with disabilities, persons after addiction, after prison, delinquent adolescents or adolescents, who stay in a social risk. From http://www.oaed.gr/Pages/SN_582.pg [Υπουργείο Απασχόλησης και Κοινωνικής Προστασίας. (2007). Προγράμματα Επιδότησης Νέων Θέσεων Εργασίας και Νέων Ελεύθερων Επαγγελματίων Ατόμων με Αναπηρίες, Απεξαρτημένων, Αποφυλακισμένων και Νεαρών Παραβατικών Ατόμων που βρίσκονται σε κοινωνικό κίνδυνο.]

Law 2716/1999. Development and modernisation of mental health services and other arrangements (Ανάπτυξη και εκσυγχρονισμός των υπηρεσιών ψυχικής υγείας και άλλες διατάξεις) ΦΕΚ 96/Α/17-5-1999

http://government.gov.gr/2010/12/21/4817/


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2.5.6 Ireland

The National Disability Strategy

The National Disability Strategy was launched in September 2004. It provides for a frame-work of new supports for people with disabilities. The Strategy builds on a strong equality framework, which is reflected in several pieces of equality legislation. It puts the policy of mainstreaming of public services for people with disabilities, which was adopted by Govern-ment in 2000, on a legal footing. The main elements of the Strategy were:

• The Disability Act 2005;

• The Education for Persons with Special Educational Needs Act 2004 (EPSEN Act);

• Six Outline Sectoral Plans published by Government Departments;

• The Comhairle Amendment Bill 2004.

These two Acts (EPSEN and Disability Act), together provide the new framework within which specialist support services to children and adults with disabilities will be planned and deliv-ered.

The environment and structures within which health services to people with disabilities are delivered have changed over the past two years, with the establishment of the Health Service Executive and the National Council for Special Education.

These services are now the responsibility of the Health Service Executive (HSE) under the Health Act 2004. Under the Act, the Executive has the responsibility to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. This includes re-sponsibility for all health related educational supports. A key objective for the HSE is to en-sure that health services, including services for people with a disability, are delivered in the most effective, efficient and appropriate manner, while also taking account of equity of access.

Part 7 of the Health Act 2004 sets out the accountability obligations of the HSE. It requires the Executive to prepare and submit both a Corporate Plan and a Service Plan to the Minister for Health and Children.

The Corporate Plan will specify the key objectives of the Executive for a 3 year period and identify the strategies for achieving these objectives. Under the provisions of the Act, the Ex-ecutive is required to prepare a Service Plan for the financial year or other period as may be determined by the Minister, and adopt the plan and submit it to the Minister for approval.


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The Service Plan is the annual agreement between the Minister for Health & Children and the Executive. It sets out in a comprehensive, integrated statement the type and volume of health and personal social services to be provided by the Executive for the population of Ireland, within the voted allocation (Vote) of the Oireachtas (Houses of Parliament) for that year and the approved employment levels set out in Government policy. The plan must also reflect Government and Ministerial priorities. The Service Plan should be framed in the context of the Corporate Plan of the Executive.

Once a service plan is approved by the Minister, the HSE is required by Section 33 of the Act to manage the services so as to ensure that they are delivered in accordance with the plan. As is the case with all legislation, arrangements for the implementation of the Disability Act must be made within this statutory accountability framework.42

2.5.7 Italy

The main laws that guarantee equal opportunities for PWD to work and/or to be em-ployed in the open labour market are as follows:

The Italian Constitution;

Law 381/1991 is the national act that establishes the cooperatives;

Law 104/1992 “In favour of the assistance, the scholar integration and the rights of the disabled people”, about the inclusion and the social integration of the disabled person carried through measures suitable to promote a complete integration in the world of work, as an individual or as a partner, and the protection of the job also through various incentives;

Act 68/1999 “Rules for the right to work for the disabled people”. This act guarantees opportunities of jobs for all disabled people in any sense whatsoever, included intellec-tually disabled persons. This act guarantees opportunities of jobs for all disabled people in any sense whatsoever, including intellectually disabled persons (art. 1/a). This Act aims to promote the working inclusion and participation of disabled people through aids services and targeted employment;

42 Sectoral Plan for the Department of Health & Children and the Health Services – July 2006 -. www.dohc.ie


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In this last act the quota system for PWD to be employed is well promoted as is also:

Who is considered a person with disability (as aforesaid in Chapter 1.3);

The penalty to be paid if there is not any PWD employed;

How the penalties will be used in favour of giving opportunities to PWD to be employed.

The rehabilitation centres that are recognized by the N.H.S. Law 833/1978 article 26.

2.5.8 Portugal

The Constitution stipulates in Article 71. “The rights of persons with disabilities to full participation in social life and equal rights and duties with other citizens, without any limits other than those arising from the nature and extent of disability”.

Moreover, the XIII Constitutional Government Program includes the development of ini-tiatives aimed at coordinating policies and resources, at central, regional and local levels to integrate people with disabilities.

Moreover, under the approval of the World Programme of Action of the UN in the 80s and Norms of Equal Opportunities for Persons with Disabilities, the Council of Europe adopted Recommendation R (92) 6 of 9 April 1992, which is inscribed the following di-rective: "To ensure close cooperation between the services and early and the authorities responsible for health, education, vocational training, employment, social protection and all other relevant sectors, to establish ties and coordination mechanisms between bod-ies, administrations, regional and local authorities, families and organizations interested in the integration of persons with disabilities.

Disability Centre

Law 30/98 - Creates the Centre for the Integration of Persons with Disabilities

Legislative Order 140/93 - Regulates special training

Decree 15/96 - Regulates the support for training, integration into the labour market, studies and educational resources to be granted under Part European Social Fund (ESF), the Community Support Framework (CSF)

Decree-Law 40/83 - Protected Employment Scheme


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Decree-Law 194/85 - Amending Decree-Law 40/83

Decree 37/85 - Employment Protected

Decree-Law 299/86 - Incentives for Integration of Handicapped

Decree-Law 247/89 - Technical and Financial Support IEFP the promoters of the pro-grams for the vocational rehabilitation of disabled persons

Decree-Law 125/91 - Amending Decree-Law 299/86

Order 138/92 - reduced rate contributory social security benefits to employers of citi-zens disabled.

Normative 99/90 - Support for employers of disabled people

Portaria 268/97 - Standards for Operation of Professional Training (IEFP)

Law 31/98 - Domestic Employment incentives for workers with disabilities Ordinance 348-A/98 - Defines the system of technical and financial support to compa-nies for integration, as a measure of active employment policy promoted by IEFP 196-A/2001 Ordinance - Regulates the specific modalities of intervention program stimulating job Labour regulations


The comparison of the underlying legal framework of services concerning work or em-ployment for persons with disabilities in all eight countries of the project partnership shows that each social system is complicated. In addition to that in many partner coun-tries the distribution of powers between the federal government and the municipalities or other bodies is another factor impairing the transparency of the services for persons with disabilities.

In almost all partner countries there is a specific or at least a basic legal framework con-cerning support for persons with a disability on national level, except Belgium (Flan-ders), where the legal framework is on a regional level. Furthermore, some countries have a specific disability concept on national level, providing a framework of support services.


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The detailed regulation on how services have to be organised and can operate is based on certain Laws, Decrees or Acts in each partner country that lay down the conditions for recognizing the services. It has to be pointed out that only in Ireland is there a “Ser-vice-Plan”, an annual agreement between the Minister for Health & Children and the Health Service Executive that sets out the type and volume of social services per year.

Besides, there are many different Laws, Decrees or Acts in all partner countries that are linked to the services for persons with disabilities or influence these services. For exam-ple there are legal frameworks on social security, wages, inclusion into society, anti-discrimination as well as on the regulation of the compensation fee for employers that do not employ persons with disabilities.


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2.6 Description of the Financing System under which these ser-

vices operate

Every support scheme for persons with a disability has to be financed. The responsibility for this is organised differently in the partner countries. What is financed and at which government level or department takes the responsibility for that, is different from mem-ber state to member state.

2.6.1 Austria


Inclusive workplace enterprises are run like limited companies and have to produce fi-nancial results as much as possible. Their funding includes:

• Employment Offensive of the Austrian government” (Beschaeftigungsoffensive der Bundesregierung)

• The Compensation tax fund (Ausgleichstaxfonds) that is distributed by the Aus-trian Federal Welfare Office (Bundessozialamt). About 70 percent of Austrian companies do not employ the required quota of persons with disability and are therefore obliged to pay a tax that remunerates the Ausgleichstaxfonds.

• Financial contribution from the Federal Employment Office (Arbeitsmarktservice).

• European Social Funds

• Funding from the provinces (Laender)

In 2007, the Austrian government spent a total of 152.8 million Euro for different em-ployment instruments and facilities for persons with disabilities, including inclusive workplace enterprises. About 65 million Euro came from the Compensation Tax Fund


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(Ausgleichstaxfonds), about 10.8 million euro from the ESF and about 77 million Euro from the government.43

Workshops/Day Structures/Day Centres/Day Facilities

Persons with disability “incapable of work” are entitled to have the state welfare admini-stration pay the cost of the benefits and services they receive in the workshops/day cen-tres. The funding is called “cost rate” (Kostensatz) and is paid by the Laender. These on-going payments are calculated per working day but only if the persons with disability attend the working place. In Vienna, the Vienna Social Funds (Fonds Soziales Wien) fi-nances the different workshops.

In some workshops vocational qualification programs are provided. They are funded by the European Social Funds and the Federal Employment Office (Arbeitsmarktservice).

There are no nationwide statistics concerning funding, because workshops/day centres for persons with disability “incapable of work” are run by the Laender. To give an exam-ple, the funding concerning the occupational therapy (these services are called “day structures” since 2010) in Vienna are mentioned:

In 2009, the Vienna Social Funds (Fonds Soziales Wien) spent a total of 62 million euro on vocational qualification, rehabilitation measures and on occupational therapy for about 4.000 service users. 44

Sources:


Fonds Soziales Wien, Press Release “International Day for Persons with Disabilities”, Vi-enna, December 2, 2009

43 Bundesministerium für Arbeit, Soziales und Konsumentenschutz. (2009). Behindertenbericht 2008. Bericht der Bundesregierung über die Lage von Menschen mit Behinderungen in Österreich 2008. Wien: Büro Service Stelle A des BMASK, p.181. 44 Press release Fonds Soziales Wien, December 2, 2009.


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The funding for services for people with disabilities in Flanders is provided by 2 different governmental bodies.

VAPH is the Flemish Agency for Disabled Persons VAPH (Het Vlaams Agentschap voor Per-sonen met een Handicap).

The VAPH does this by subsidising facilities and services for people with disabilities:

Equipment and modifications:

To better organise his or her daily life a disabled person is entitled to a benefit to cover the cost of a piece of equipment or modification to his or her home or car.

Services and facilities:

The VAPH subsidises services and facilities which provide care for disabled persons through day care or guidance.

Personal assistance budget:

Disabled persons who prefer to live at home can apply for a personal assistance budget. This budget can enable them to employ a home-helper.

All employment related services and facilities are since 1 April 2007 financed by The Flemish Subsidy Agency for Work and Social Economy VSAWSE (Vlaams Subsidieagentschap voor Werk en Sociale Economie). This also counts for sheltered workshops.

This agency works closely together with the employment agency of the Flemish authorities called VDAB.

Sheltered workplaces and payments for persons with disabilities

Because of the profit loss of employees with a disability it’s not possible to recover the total cost of employment, by the prudential activities.

The profit loss needs to be compensated by extra government funding. Sheltered workplaces receive funding from VSAWSE. There are 3 sorts of funding:

Allowance in wages and social charges of employees with a disability. This is a flat-rate benefit per working hour. It was 7.50 €/hour on 1/01/2010. Next to this there also exists some other minor funding.


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Allowance in wages and social charges of the supporting staff:

This funding covers less than 25% of the cost of labour.

VIPA-allowance: possible funding in investments and real estate.

In total about 37% of the costs (all in) are covered by subsidies, over 60% by production.

See heading above: 1.5- Decree of 19/12/96 (version 01/04/2006)

Next to the funding through VSAWSE and other forms of government funding there is:

Social Maribel (reduction social charges)

Structural cost reduction

Certain provincial allowances

Sources:

www.vaph.be

www.vlab.be

2.6.3 France

ESATs and EAs are governed through different financing systems.

ESATs are funded from two different budgets:

a) The State budget, on an annual basis, with two different types of contribution:

• The so-called “social budget”, which is a contribution covering the functioning of ESATs in relation with social and rehabilitation care (e.g. teachers, social workers, etc.).

Its calculation is based on the number of available positions. Funding for one position cannot exceed 11 891 Euros.

In 2010, the State contribution amounted to 1 383.3 million Euros.


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• The so-called “aide au poste”, which is a contribution compensating ESATs for part of the cost of positions, i.e. part of the costs linked to the remuneration of users and social contributions.

In 2010, the State contribution amounted to 1 149.6 million Euros.

b) The ESATs budget: the so-called “commercial budget”, derived from the ESATs’ profes-sional and commercial activities, covers for part of the remuneration of users, purchase of material, etc.

As far as EAs are concerned, these adapted firms receive two types of funding, both from the State budget, on an annual basis:

a) A contribution compensating EAs for part of the cost of hiring persons with reduced ef-ficiency (“aide au poste”, equal for one position to 80% of the French minimum wage)

In 2010, the State contribution amounted to 257 million Euros.

b) A specific contribution, partly allocated on a fixed basis (in 2010, 900€ per workers), and partly project-based (e.g. to renew the facilities or to carry out innovation).

In 2010, the State contribution amounted to 42 million Euros.

2.6.4 Germany

The financing system which supports services as described in chapter 1.5 is legally regu-lated in the Federal social code IX, paragraph 42. Sentence 1 describes the primary fund-ing responsibility of the Federal employment agency related to the entry procedure and the vocational training area. Additional to that, all social security benefits of the partici-pants in these workshop areas are financed as well. In the case of the work area of a workshop, the funding in that section is primarily assured by the “welfare aid institu-tions”.

In the Federal Republic of Germany, disabled people themselves have first direct claim to these funds. Under current legislation, they are entitled to have the state welfare admini-stration pay the cost of the benefits which they receive in an institution. In the German language, the terms “Kostensatz” [cost rate] “Leistungsentgelt” [remuneration] or “Ver-gütung” [payment]” are used for this type of funding.


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In addition to these ongoing payments which are calculated either per calendar day (365 days) or per working day (250 days) but paid to cover extended periods, work-shops can also finance their buildings and technical equipment from state resources. This is done by means of a state fund which, under Federal law, is managed largely by the Federal states. This is known as the equalization fund. Commercial companies pay into it a compensatory tax, if they have not fulfilled the statutory quota of jobs for se-verely disabled employees. Depending on the extent by which that quota is not filled, this amounts to between 105 and 260 Euros a month for each such job that is not filled. The total yield from this compensatory tax in 2006 was about 466 million Euros.

Finally, the lottery “Aktion Mensch” funds a considerable proportion of workshop pro-jects, their buildings and technical equipment from its lottery income.

2.6.5 Greece

In Greece, 4.7% of the social security contributions are for persons with disabilities. In comparison to other European countries it is below the EU-27 average (7.5%). (cp. Euro-stat 2009, 6).

Most EKEK are private legal entities (NPID) and are recognized as a charitable non-profit association.

The private EKEK get funding from the (cp. Mpistas 2008, 2; Antonopoulou 2008, 2):

Districts/prefectures and Department of Health and Welfare (40%)

Pension funds

National projects

European projects

Membership fees

Donations

There are additional incomes due to the sale of products and services of the workshops (cp. Mpistas 2008, 2). The products of the workshops are sold in bazaars inside or out-side of the organization or to private customers (cp. Mpistas 2008, 7; Kouri et al. 2008, 27).


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Sources:

Antonopoulou, F. (2008). Home for special vocational education. Centre for social care for persons with learning disabilities. From http://www.eseepa.gr/cms/images/stories/site_img/estia_leaflet.pdf [Αντωνοπούλου, Φ. (2008). Εστία Ειδικής Επαγγελματικής Αγωγής. Κέντρο κοινωνικής φροντίδας για άτομα με νοητική υστέρηση.]

Mpistas, I. (2008). Workshop for special education Margarita. Special centre for voca-tional education of persons with disabilities. Athens: Unpublished document. [Μπίστας, Ι. (2008). Εργαστήρι Ειδικής Αγωγής Μαργαρίτα. Εξειδικευμένο Κέντρο Επαγγελματικής Κατάρτισης Ατόμων με Αναπηρίες.]

Kouri, G., Koutoumanos, E., Kostaki, Ch., Mpistas, I., Ntouniadaki, A., Soubalidou, Th., Tranaka, A. (2008). Handbook of attending supporting services for persons with learning disabilities. Unpublished document.. [Κουρή, Γ., Κουτουμάνος, Ε., Κωστάκη, Χ., Μπίστας, Ι., Ντοθνιαδάκη, Α., Σουβαλίδου, Θ., Τράνακα, Α. (2008). Εγχειρίδιο συνοδευτικών υποστηρικτικών υπηρεσιών για άτομα με νοητική υστέρηση.]

2.6.6 Ireland

The Health Service Executive (HSE) came into existence on 1 January 2005 as part of the pro-visions of the Health Act (2004). The Executive has responsibility for the management and operation of the health services as a unified system.

Specialist disability services are provided in a variety of community and residential settings in partnership with service users, their families and carers, and a range of statutory, non-statutory, voluntary and community groups.

(Specialist Disability Services Estimated Expenditure 2006 - €1.3billion).

Services to people with disabilities are provided either directly by the HSE or, in respect of the majority of services, through a system of ‘Indirect Funding’ in partnership with non-statutory voluntary service providers.

Adult Day Services are inclusive of;

• Residential Care

• Day Services

• Rehabilitative Training

• Sheltered Workshops


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Funding Resources:

WTEWTE

WTE (Whole Time Equivalent – funding per service user):

As at Sept 2008: Total €15,725

Ceiling 2009: (approx) Total €16, 425

Finance:

2008 Budget€000: Total €1,485,000

2009 Budget€000: Total €1,508,000

(Ref: HSE National Service plan 2009)

Entitlements for People with Disabilities 2009 -

All people with disabilities attending ‘Adult day services’, are entitled to a Statutory Dis-ability Allowance paid by the Department of Social and Family Affairs (DSFA).

Disability Allowance (Long term means tested social welfare payment for people be-tween 16 and 66 with a disability that is expected to last at least a year): Maximum weekly rate= €196.00 (February 2010).

(Ref: Citizens Information Board)

Sheltered Workshops and Payments for People with Disabilities –

A discretionary top-up payment (as well as receipt of Disability Allowance) may be paid to service users who are involved in ‘like work’ situations/programs. However, as a result of “New Directions – Personal Support Services for Adults with Disabilities” (Report of the Na-tional Working Group for the Review of HSE Funded Adult Day Services, 2010), ‘Top-up’ pay-ments will cease for all new admissions to such services/programs.

Sources:

Sectoral Plan for the Department of Health & Children and the Health Services – July 2006 -. www.dohc.ie


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2.6.7 Italy

Social cooperatives type A, manage welfare, health and educational services.

Social cooperatives type B run various activities (rural, industrial, commercial, utility companies) in order to support disadvantaged persons to be employed.

Cooperatives are run like limited companies and generate financial results depending on the job orders received. There is no basic funding.

On the other hand there are also opportunities to earn money for the cooperatives when participating in public call for bids at regional or municipal level, according to particular local acts. Even in this case the cooperative have to win the call for bids as with any other limited company.

At local level, as aforesaid, incentives to social cooperatives type B are provided as so-called “loss funds/provision” for investment expenses: purchase of instruments, tools, equipments and so on. Those cooperatives that are willing to submit a request for con-tribution have to prearrange a project on progress. The grant is 80% of the acknowl-edged allowable budget and it cannot exceed € 25.000,00 in any case.

In other cases both cooperatives type A and B may receive a soft financing for invest-ment expenses: purchase of instruments, tools, equipment and so on. The financing can rise to 100% of the allowable budget.

Cooperatives and social enterprises may also participate in European Social Funds call for bids. One of the main facilities for the cooperatives is the compensation tax funds as the so-called I.V.A. (VAT in English) is paid at 4% instead of 20%.

According to Law 68/1999 private firms are obliged to employ a quota of PWD, depend-ing on the number of employers, otherwise there is a penalty to be paid. The penalty can be used to compensate the IVA at 4% or to create accessible workplaces.

At last there are few national acts from the Ministry of Labour and Welfare that allow economic incentives to social cooperatives type B coming from Southern Italian Regions (Campania, Puglia, Basilicata, Calabria, Sicilia, Sardegna) and from about 3.600 Central-North Italian municipalities. Those areas, recognized by a special national decree, show a relevant imbalance between labour application and demand.


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Occupational Therapy – Day Centres

Persons with disability “unable to work” caused by their disability, are entitled to re-ceive a pension of invalidity by the welfare administration. The local Government will also pay the fee in rehabilitation centres where a cooperative can be established to-gether with the clients in which they can create goods to be sold free of taxes. The reha-bilitation centre fee is paid per project per person. There are not any “sheltered work-shops” as termed in other countries, particularly in North Europe.

The rehabilitation centres are recognized by the N.H.S. Law 833/1978 article 26.

2.6.8 Portugal

Financial support is provided by the Ministry of Labour and Social Security, people with disabilities through the rate of disability and rehabilitation institutions through the submission and approval of projects.

The support of the Ministry of Labour and Social Security for entities authorized to cre-ate a CEP will be included in agreements and protocols concluded between or IEFP and direction of their postcode.

Funding will always preceded by spending plans which will be described in the works to be made and the purchase of supplies with indication of their prices.


In most countries public funding is a key component of the financing systems, whether it comes from the central budget or from local/regional authorities. One exception is Italy, where there is no systematic public funding.

This availability of public funding can be considered as an acknowledgement that occu-pational services remain an essential component of the social welfare models of the countries concerned.

Figures concerning the annual amount of public funding are not available for all coun-tries. When they are, these figures are quite substantial.


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Another common feature of the financing systems is the availability of funds originating from the penalties paid by companies who did not comply with the legal obligation to respect a quota of workers with disabilities among their staff.

Commercial revenue, resulting from the activities of the adapted work setting, is also quite common. This commercial revenue tends to more developed and more important for settings such as companies for supported employment than for sheltered workshops. In some countries, the commercial revenue is restricted by law because of the non-for-profit nature of the service provider (e.g. in Austria it cannot exceeds 10% of the budget of the service provider).

Besides, and depending on the countries, funding can also originate from a number of other sources: European Social Fund, lotteries, pension funds, donations, etc.


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3 Work Plan 2:

Contrast and Compare the Different Models of Practise

in Each Partner Country

3.1 Status of Service Provider (i.e. profit/not for profit, pub-

lic/private, voluntary, other).

The aim of this chapter is to overview the difference structures, criteria and models of service delivery and practice in each partner country.

3.1.1 Austria

Services for persons with intellectual disabilities are provided by specialist service pro-viders who are not for profit and mainly private. There are a few voluntary organisations too.

Workshops/Day Centres/Day Structures are funded mainly from public resources; a small amount of funding comes from financial earnings.

Inclusive Workplace enterprises have to self-finance up to 40 per cent of their funding through financial earnings.


Social and sheltered workshops are vzw’s (not-for profit organisations), subsidized by the state. They are also considered as social KMO’s (small and medium-sized enter-prises). A social KMO is an enterprise with less than 250 employees. Sheltered workshop can be considered a social KMO because of their social statute, since by law they are not linked to a restriction of the number of employees.


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Employees with a work-limiting disability, who cannot be employed in the normal eco-nomic circuit on a temporary or permanent basis, can be employed in a recognised shel-tered workshop. The work environment has to be adapted according to the needs of the worker and professional support must be provided.

Employees must be taken on under a contract of employment at, in the very least, the guaranteed minimum monthly income as provided in Collective Employment Agreement no. 43. Furthermore, they must be assigned useful and profitable employment.

The Flemish government determines the maximum amount of employees that can be funded in the Flemish sheltered workshops. This programming is defined around 1400 FTE.

3.1.3 France

Most of ESATs and EAs belong to the private sector (around 90%).

ESATs are non profit services as they are managed by non profit organisations (associations or public bodies).

The majority of EAs are also non profit organisations as they are managed by associations (around 70%). Others are profit based.

3.1.4 Germany

The workshops for disabled persons is an institution for vocational rehabilitation and, as such, in addition to the usual vocational training institutions, has a specific task to per-form – namely to enable disabled persons who cannot find a job on the general labour market to achieve vocational integration and to fulfil their right to work. The German workshop is a non-profit vocational rehabilitation institution.

Integration companies are financially independent enterprises or special departments of companies. In order to get financial support for persons with disabilities they have to employ at least 25 per cent of their entire staff with disabled persons.


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3.1.5 Greece

Services for persons with disabilities are provided by organisations of different status.

In many cases societies or associations of persons with disabilities offer services to their members such as self-help groups, sports and recreation, cultural and leisure activities. In some cases, these organisations offer professional psychological support, physiotherapy and other relevant services. Concerning the vocational rehabilitation of their members, they try to sup-port them mostly via lobbying and syndicalism. These are non-profit, private organisations and the decisions are taken by the members of the associations, who are the beneficiaries, si-multaneously.

Local authorities use to run projects called “Help at Home”, that is services and support in the community for persons with disabilities and elderly persons. Social workers, nurses and house assistants are employed in these services and they offer professional services. These are mu-nicipal services and the decisions are taken by the municipal councils and their elected mem-bers.

State institutions also provide services, such as training and vocational rehabilitation, in addi-tion to the other health, accommodation, rehabilitation and leisure activity services. In some cases they run sheltered workshops as well.

Of course there are organisations for persons with disabilities, mostly run by parents. These organisations offer professional services, such as physiotherapy, psychological support, educa-tion and vocational training. They are private and the decisions are made by the parents. In many cases they run sheltered workshops, although there is not a clear legal framework for this activity. Some of them provide support for persons with disabilities to enter in the open labour market. In the category of organisations for persons with disabilities can be encom-passed the non-profit organisations that offer a variety of services and are run by persons without disabilities. Most of these are charitable organisations.

The voluntary bodies that offer mostly assistance and escort to persons with disabilities are run by volunteers and are non-profit organisations. However, voluntary groups without legal entity exist, as well. They contribute in some degree in social support.

Last, but not least, in recent years organisations who provide services for persons with and without disabilities have appeared. These non profit organisations offer mostly voluntary but in some cases professional services as well, which are designed by a mixed group of people. They offer a variety of services, including supported employment. The decisions are also made by the mixed group and the first attempt of such organisations has been the ICR.


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3.1.6 Ireland

Sheltered Occupational Service Provision is currently the responsibility of the Health Service Executive under the Department of Health and Children through direct funding to specialist service providers who are in the not for profit category, and may be either, public, private and/or voluntary type organisations.

3.1.7 Italy

Services for persons with disabilities are provided by specialist service providers who are not for profit [in Italian “onlus”: organizzazione non lucrative di utilità sociale (not profitable organization of social utility)], mainly private and/or working within the Na-tional Health Service, where the funds come from local or national Government. There are a few voluntary organisations too.

3.1.8 Portugal

Services for persons with disabilities are provided by specialist service providers who are both for profit and not for profit organisations.

They all have funds from the local or national Government.


In summary, service provision in most partner countries can be categorized as being a combination of both private and public sector in status though this may differ in terms of degree and/or service type throughout the partner countries. Generally, services are de-livered through a diverse range of organizations such as local or regional authorities, specialist provider organisations, associations, bodies and voluntary organizations. These are in the main “not for profit” organizations but “profit based” organizations also provide services but to a lesser degree, such as in France and Portugal.

A constant factor of this comparison is that specialist, private, not for profit organization types are predominant service providers for sheltered/adapted workshops in most part-


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ner countries, with notable exceptions such as ‘Inclusive Workplace Enterprises’ in Aus-tria which have to self-finance up to 40 per cent of their funding through financial earn-ings, and ‘Integration Companies’ in Germany which are financially independent enter-prises or special departments of companies, and which, in order to get financial support for persons with disabilities have to employ at least 25 per cent of their entire staff with disabled persons.

3.2 Status of Service Provision (i.e. program centred/person cen-

tred/other)

Compared to the previous chapter it is the goal of this section to explain the nature or status of the services themselves, and how these services are designed and/or organised to promote participation opportunities in working life.

3.2.1 Austria

Services are based on a person centred approach and have to be in line with the quality criteria of the funding institution. All services have to be consistent with legislation and are monitored by the public authorities.

Each service must be designed to support the person with intellectual disability wher-ever it seems necessary and reasonable. The services also have to be in line in terms of funding and expected outcomes.


A sheltered workshop needs to provide a working environment adapted to the needs of a person with a (working) disability not able to be employed in a NEC (normal economic circuit). The support during the work and the tailor made workplace should allow per-sons to exercise their tasks according to their talents (person centred approach). A shel-tered workshop also needs to stimulate personnel progress in social and labour skills to improve integration of the person with disabilities into society.


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3.2.3 France

ESATs are person centred, with the development of an individual plan for each user. However, supports are often provided in a collective setting, in small groups.

In EAs, the collective work environment is adapted to the needs of the person, and an individ-ual support plan is provided when needed.

3.2.4 Germany

Workshops for persons with disabilities must assure working conditions to all workshop em-ployees -with a legal status similar to that of an employee- to develop, enhance or recover their skills, abilities and earning capacity and, in so doing further develop their personality. These developments are registered frequently in a person-centred help plan.

It is the task of workshops to assist disabled persons in such a way that by the time they have completed the vocational training measures, they are in a position to deliver a minimum amount of economically useful work. Beyond this primary aim, the workshop’s task is to assist and encourage each individual in such a way that he attains his full potential. To fulfil these tasks, workshops for disabled persons must offer the widest possible range of vocational training and actual work opportunities.

3.2.5 Greece

Most services are program centred, although there are some organisations that offer person centred services.

3.2.6 Ireland

The current status of service provision is a combination of both service-led and user cen-tred models of service delivery, which is driven and dependant on availability of service provider resources and facilities.

Future Service provision Criteria includes;


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A Modern Person Centred Quality Service

Delivered in accordance with Best Current Practice

Providing Good Value for Money

Compliant with Legislation & National Standards

3.2.7 Italy

Services are based on a person centred approach (tailored made projects) and have to be in line with the quality criteria of the funding institution (“Services Right Charter” of each centre, organization, association, and so on”). All services have to conform with the legislation, depending on the several acts (at a national and/or regional level) and are monitored by the public authorities, when private.

Each service must be designed to support the person with disability wherever it seems necessary and reasonable. The services also have to be in line in terms of funding and expected outcomes.

Each region, even respecting the general national framework legislation, has their own resolutions in the field of disabilities.

3.2.8 Portugal

Services for persons with disabilities are provided by specialist service providers who are profit and non profit organisations.

They all receive funding from local or national Government.


Nearly all the services delivered in workshops and/or institutions comparable to work-shops are person-centred. One exception is Greece were services are mostly described to be program-centred. In Ireland the current status of service provision is a combination


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of both service - led and user centred models. The person centred approaches are in-tended to develop, enhance or recover the skills, abilities and earning capacity of persons with a disability and, in so doing further develop their personality. The progress is registered on a regular basis in the person – centred help plan. The quality of the services delivered is regularly monitored by the funding institutions. The character of the services is mostly laid down in a national or regional legislation.

3.3 Service Delivery Descriptor (location)

Sheltered occupational services are organised in different ways. The place where reha-bilitation services are offered is changing. At the beginning during the founding years many of these services were realised behind high walls, segregated from society. Nowa-days, as the perception of a person with a disability in society has changed, workshop services are not any more exclusive but more and more an integral part in a local, socie-tal life.

3.3.1 Austria

Some services are located in centres like day centres, day structures or workshops. Be-yond that there are also the “inclusive workplace enterprises” that are located at a cen-tre too.

Furthermore, other different types of services are offered:

• secondment (an employee transfers to a company for an agreed period of time and still gets support from the service provider)

• internships within companies

• outplacement: external working groups from a workshop that directly work within a company or single workplaces

• the mentoring scheme like in the project SPAGAT45 in Vorarlberg that offers support services directly in the company and wage subsidies

45 http://www.ifs.at/spagat.html


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And there is also a broad range of different services within the supported employment scheme (Job Coaching, Work Assistance/”Arbeitsassistenz”, etc.).


Social & Sheltered Workshop Services are provided;

In a sheltered or social workshop;

In a community workshop (e.g. tourist structures such as restaurants or camping sites);

In the community (e.g. maintenance of public gardens)

At the home of clients (e.g. gardening, painting work)

In companies (enclaves): Work in enclave is an employment model within the legal framework of sheltered workplaces. In this model long-term employment for a team of persons with a work disability is monitored by an assistant from the sheltered work-place within the context of a regular company.

Transition into the open labour market: is supported by a job coach or counsellor.

3.3.3 France

As far as ESATs are concerned, the service can be delivered:

• In a sheltered workshop;

• In a community workshop (e.g. tourist structures such as restaurants or camp-ing Sites);

• In the community (e.g. maintenance of public gardens)

• At the home of clients (e.g. gardening, painting work)

• In companies (secondment)

As far as EAs are concerned, the settings are companies for adapted work.


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3.3.4 Germany

Workshops for persons with a disability are changing constantly: formerly known as sheltered centres where disabled persons seemed to be closed away from society they nowadays are an integral part of a vocational rehabilitation system. This evolution of the workshop from a place of production into an organisation of networks is the result of the insights gained over time in the field of vocational rehabilitation. Existing service offers have been optimized and new measures introduced in order to open up numerous possi-bilities of vocational qualification and employment. The locations where vocational re-habilitation measures organised by workshops are offered nowadays are diverse and should respond to the workshops employee’s individual needs. The workshop organises centre based, community based, and other in-between vocational rehabilitation oppor-tunities. The network workshop offers: traineeship, qualifying offers, outsourcessd workplaces or external workplaces in general.

Integration companies are one part in the overall approach of the German vocational re-habilitation system for persons with a disability.

3.3.5 Greece

Most services are located in centres like day centres or workshops. There are also some ser-vices, which support persons with disabilities to find and maintain work in the open labour market. These services are mostly special training schools, which support their persons leav-ing.

3.3.6 Ireland

Future Service delivery is to be based on a person centred concept and may be either centre and/or community based. Sector responsibility for Employment, Training and Work opportunities is to be clarified with the Health Service Executive retaining respon-sibility for ‘Therapeutic Work’ (Sheltered Work Commercial, Sheltered Work/ Like Work, External Work Like work) and the Department of Enterprise Trade & Innovation having responsibility for sheltered employment and supported employment.


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3.3.7 Italy

As already said in WP1, in Italy sheltered workshops, as recognized in several Northern European Countries, are mentioned as “cooperatives”. On the other hand there are a smaller number of social enterprises with the same aim and goal. Those services are mostly located in centres like day centres or day structures.

Moreover, there are PWD employed with regular contracts as in the open labour market both in private firms and Public Administration. However there is no recognized meth-odology as it is in the “supported employment” method (W.A.S.E. – E.U.S.E.), even though there are professionals like job coach/job trainer, etc.

3.3.8 Portugal

In Portugal there are sheltered workshops, there are social enterprises, mainly located in the big cities and they belong to big organisations.

There are also people with disabilities employed with regular contracts as in the open labour market both in private firms and Public Administration.

A few organisations have protocols with National Training and Employment Service, to develop the ongoing support for people with disabilities.


We can find similarities on the location of the service delivery in all partner countries. In all countries different models of service delivery exist next to each other. Service deliv-ery is both centre based and/or community based, and delivered by both the public and private sectors. Models of supported employment also exist in all countries, many of them in the private sector. In Germany, France, Austria and Flanders a system of out-sourcing exists.

France uses a system of secondment. Flanders enjoys a structure of employing people from a workshop in regular companies (enclaves) within the legal framework of shel-tered workplaces, supported by a job couch or counsellor. Germany and Austria offer an opportunity of internships within companies as well as outplacement schemes.


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3.4 Status of Service User (: “Requiring on-going/continuous re-

habilitative supports and interventions in relation to per-

sonal, social and work/employment competence

skills”/other).

Sheltered occupational services have been established in most project partner countries to enable those persons with a disability currently not able to work under the conditions of the open labour market. In some countries a particular status in the social or labour code is defined in order to better qualify them as a service user.

3.4.1 Austria

There are different specifications of service users in the legislation of the federal states (Laender) as well as based on the quality principles of funding institutions. All these definitions or descriptions focus on the ongoing support of persons with a disability in terms of their personal, social and work competence skills.

In the City of Vienna, for example, the Vienna Social Funds puts great emphasis on a de-tailed assessment for young persons with disability to check their potential. If young persons with disability are classified as being “not work-ready” now, they are offered other qualification or training schemes to enable them to get vocational training.

Persons with disabilities working in “Inclusive Workplace Enterprises” (Integrative Be-triebe) have a working contract and are fully considered as a regular employee. They are insured with sickness insurance, long-term care insurance, pension insurance and occu-pational accident insurance funds.

Persons with disabilities working in Workshops/Day Centres/Day Structures are “ser-vice users” and do not have the same legal status as regular employees. The have not in-dependent social security, they are not eligible for retirement and they do not receive wages.


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To be able to work, a person with a disability needs to be registered at the VAPH (for-mer Flemish Funds, see chapter one) and has to be officially recognised as a person with a work-limiting disability (arbeidshandicap) as defined by the VAPH.

The VAPH defines this target group as:

“persons for whom the prospect of acquiring and maintaining a job is restricted, and for

whom the prospect of building a career is limited because of mental, psychological, physical

and/or sensory restrictions (determined by the competent bodies).”*

There are two conditions to be recognised by the Flemish Funds as having a work-limiting disability. The first one is that persons need to have a health problem (in a wider sense), and secondly that integration into the labour market is limited because of these health problems. When an employee is recognised as having a work-limiting disability, s/he qualifies for Special Employment Support (known by the Dutch acronym “BTOM,” i.e. new measures that have (partially) replaced previous such support premiums since 1 October 2008).

3.4.3 France

In ESATs, users are persons requiring on-going rehabilitative support and intervention in re-lation to personal, social and professional skills. The programme focuses on offering opportu-nities for various activities of a professional nature, and on providing rehabilitation and edu-cational support, to promote the personal and social development of persons with disabilities.

In EAs, the employees are workers with disabilities with a “reduced efficiency”. They do not require as such an on-going support, but rather an adaptation of work to their abilities. Addi-tional support is provided when needed by the employee

3.4.4 Germany

Disabled persons who are employed in the work section of the workshops usually have a legal status similar to that of employees. They are compulsorily insured with sickness insurance, long-term care insurance, pension insurance and occupational accident insurance funds. If the prerequisites are met, they receive basic benefits in old age and also in the case of reduced


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earning capacity as defined in Section 4 of Book XII of the Social Code. After a period of at least 20 years they receive a pension on account of fully reduced earning capacity from the statu-tory pension insurance.

This type of rehabilitation relationship gives rise to extensive employee rights, for ex-ample, in relation to holiday entitlement, maternity/parental leave, privacy and limita-tion of liability.

The equivalence principle of work in return for compensation does not apply.

In integration companies all working staff has a work contract and is fully considered as an employee. The equivalence principle of work in return for compensation does fully apply. Employees with a disability in an integration company are capable of gainful employ-ment.

3.4.5 Greece

Persons who receive services are mostly persons with multiple disabilities. Because of this their needs are continuous and, therefore, the required services, as well. However, as the services for adults are very limited, there is a serious problem concerning the op-portunities and the choices that these service users have.

Services for youngsters are more adequate and cover a wider range of needs.

Persons with not so severe disabilities, who can use the services of the able-bodied community, have more choices, but of course not so specified.

3.4.6 Ireland

The Health Service Executive is to review;

the status and circumstances of individuals involved in work and employment activities, children who are in ‘Adult Services’, and former ‘Day Service Recipients’, in order to en-gage with them in a Person Centred exploration process regarding future service options within the framework of New Directions.

The Health Service Executive is to identify;


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all individuals engaged in Supported Employment and Sheltered Employment to inform discussions with the Department of Enterprise Trade & Innovation within the Cross Sec-tor group for the future delivery of these employment functions.

The Health Service Executive is to identify;

individuals involved in Open Employment and review their need for on-going Health & Personal Social Services supports within New Directions.

3.4.7 Italy

In the cooperatives members (users) are in reality persons requiring on-going rehabilitative support and intervention in relation to personal, social and professional skills.

3.4.8 Portugal

There are many persons with disabilities who ask for on-going rehabilitative support and in-tervention in relation to personal, social and professional skills.


Support in the field of work for persons with disabilities has a common aim and is gener-ally focused on the provision of ongoing support in terms of personal, social and profes-sional skills.

Persons with disabilities are classified in accordance with one’s level of disability. When employed a person with disability has generally the same rights of any other employee. Services for adults are limited in some countries more than in others, for example in Greece. It is also possible to find jobs in integration companies, for instance in Germany.


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3.5 Program Descriptor (range of programs offered/available)

In terms of rehabilitation measures throughout the partnership countries generally, sheltered occupational programmes include the provision of a diverse range of therapeu-tic programs along with transition to work opportunities.

3.5.1 Austria

Technical: working groups in professions like woodwork, metalwork, gardening, etc.;

Interpersonal: inclusion in society, group activities like going on excursion, training to use public transport, creating a specific plan for individual development;

Social & Cultural: health and well-being, sports, music, arts and creativity, personal and social development, maximising independence, education;

Work/Employment: vocational training, qualification, work, occupational services, transition to open labour market, cooperation with supported employment schemes, secondment, in-ternship and mentoring;

Other: training for self-advocacy, services for persons with high dependency needs, services for elderly persons with disabilities, mobility services


The Flemish Federation of Sheltered Workshops VLAB has its own training unit, where specific training courses are given for employees with a work-limiting disability and their supervision.

Training for workers with a work-limiting disability:

Bookbinding: e.g. binding syllabi, textbooks and library books

Printing: e.g. corporate printing, finishing printing works, silk-screen printing

Packaging activities: e.g. putting together promotional packages, packaging foods


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Gardening and garden maintenance – horticulture, e.g. weed and litter control, park maintenance

Textiles: e.g. ironing workshop, laundry, stitching curtains, flags

Assembly: e.g. bicycle, toy production

Metal: e.g. signs and façade plates

Wood: e.g. production of office furniture, pallets and moving boxes

Electrical installation works: e.g. production of TV components, wiring to measure for heating installations

Other: leather finishing – painting activities – furniture repair – mailing preparation – putting together displays

Most requested trainings at the Flemish Institute for Education and Training VIVO for employees with a work-limiting disability are:

First aid

Safety at work

Lifting and carrying: prevention of back pain

Computer course

Coping with stress

Coping with aggression

Team work

Internet

Fire safety

Social skills


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3.5.3 France

a.) in ESATs:

Technical: elaboration, implementation and evaluation of the individual plan, in cooperation between the service user and social workers.

Interpersonal: organisation of the work team, collective life in the ESAT (“Conseils de la vie sociale”, with representatives of users, which are trained in order to better fulfil their man-date).

Social & cultural: socialization; citizenship; hygiene; daily life skills (e.g. management of a budget, use of public transports); key competences (i.e. learning and writing, arithmetic); ar-tistic, cultural and recreational activities.

Work/Employment: on-going training to the job position, adaptation of the work station to the user’s specificities, technical training (which can be provided outside the workshop), rec-ognition of learning experience (diplomas specific to the ESAT or diplomas recognised nation-ally).

Others: paramedical and therapeutic follow-up.

b.) in EAs:

Social & cultural: identification of possible needs and referral.

Work/Employment: on-going training to the job position, adaptation of the work station to the user’s specificities, adaptation of the management.

3.5.4 Germany

Technical: working groups in professions like woodwork, metalwork, gardening, etc.

Interpersonal: inclusion in society, group activities like going on excursion, training to use public transport, creating a specific plan for individual development

Social & Cultural: health and well-being, sports, music, arts and creativity, personal and social development, maximising independence, education


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Work/Employment: vocational training, qualification, work, occupational services, transition to open labour market, cooperation with supported employment schemes, secondment, in-ternship and mentoring

Other: training for self-advocacy, services for persons with high dependency needs, services for elderly people, mobility services

3.5.5 Greece

Technical: woodwork, gardening, weaving, etc.

Interpersonal: training to use public transport, recreational activities and excursions, com-munication, and behaviour training, etc.

Social & Cultural: sports/athletics, arts and creativity, music and theatre, etc.

Work/Employment: pre-vocational training, vocational training, placement in the open labour market, occupational services, etc.

• Other: occupational counselling, psychological counselling, parent counselling, etc.

3.5.6 Ireland

The current range of service provision programmes offered are a combination of:

Technical: i.e. woodwork, light engineering, contract work, horticulture

Interpersonal: i.e. personal development, self care

Social & Cultural: i.e. computer technology, community integration

Work/Employment: i.e. sheltered work, supported employment

Other: i.e. voluntary/ community work.

Future Recommended Programme Descriptor:

The 12 personal support services include support for:


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Making Choices and Plans

Making Transitions and Progression

Inclusion in One’s Local Community

Accessing Education/Formal Learning

Maximising Independence

Personal & Social Development

Health & Well-being

Accessing Bridging Programmes to Vocational Training

Accessing Vocational Training & Work Opportunities

Personal Expression & Creativity

Having Meaningful Social Roles

Influencing Service Policy & Practice

3.5.7 Italy

Technical: The first step is to find work and/or duties, that fits with the needs and ca-pacities (residual) of the person together with both the user and the social worker (even an on-line c.v.),

Bureaucracy: Administrative bureaucratic procedures (Regional and Local Health Unit Resolutions, Protocol agreement, Communication to the Ministry of Labour and Social Affairs, Insurances, expenditure of the therapeutic payment), working contract with the family too when requested;

Interpersonal: inclusion in society, group activities, removal of architectural feature bar-ring advance to PWD, establishing a specific plan for individual development and assis-tance (rehabilitation project, therapeutic programme);

Social & Cultural: health and well-being, maximising independence;


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Work/Employment: vocational training, qualification, work, occupational services, tran-sition to open labour market when possible;

Other: monitoring

3.5.8 Portugal

Technical:

Initial contacts with local enterprises and provision of a list of jobs.

Check the compatibilities between the person and the work.

Choose the trainer/co-worker.

Interpersonal:

Establish a specific plan for individual development.

Social:

Individual and social autonomy

Work/Employment:

vocational training, integration in open labour market when possible;

On Going Support:

Contacts with enterprises, families, services and workers


A closer look at the programs and activities that are offered by the service providers in each partner country shows great similarities. There are technical programs that are run to enable persons with disabilities to work in professions such as woodwork, metalwork, gardening, packaging, textiles, etc. Furthermore, the services also include interpersonal offers such as special group activities, personal development or organisation of the work


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team. In the field of social and cultural programs the focus lies on key competences, art and creativity, inclusion in society, as well as personal and social development.

Services concerning work or employment for persons with disabilities in all eight part-ner countries of the project partnership offer vocational training and qualifications, oc-cupational services/sheltered work settings/work and transition to the open labour market through supported employment, if it is possible. In addition to that there are other programs primarily specializing in elderly persons with disabilities or specializing in persons with high dependency needs as well as programs that are not provided in every partner country such as programs that support self-advocacy, provide paramedical and therapeutic services or offer parent counselling.

Apart from that there are twelve clearly defined personal support services offered in Ire-land, like for example “Health and Well-being”, “Influencing Service Policy and Practice”, “Inclusion in One’s Local Community” or “”Making Choices and Plans”. Those services to some extent are also offered in the other partner countries, but not in this systematic way.

3.6 Remuneration/Benefits Descriptor

The “equal remuneration for work of equal value” is one demand in the UN Convention on the rights of persons with a disability and a vision to be implemented worldwide. As far as an employer-employee relationship under a labour code regulation is concerned this requirement should be self-evident. Income realities in rehabilitation centres among the project partner countries are more complex. Most service users receive allowances based on their impairment grades.

3.6.1 Austria

Wages/top up allowance/s:

Persons with a disability attending day structures/workshops/day centres only receive therapeutic pocket money, ranging from 5 EUR to 550 EUR per month and person in the different federal states (Laender). The average pocket money is about EUR 65, but per-sons with disabilities in most cases also receive different additional allowances.46

46 König O. (2010), Werkstätten und Ersatzarbeitsmarkt in Österreich. Wien: Universität Wien, p. 75.


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Persons with a disability working in “inclusive workplace enterprises” as well as work-ing on the open job market receive their wages according to collective agreements.

In Austria, a pre-tax salary of about 9000 EUR (net salary of about 7700 EUR) is the in-come limit for benefit recipients – if recipients earn more, their allowances will rest.

Social Allowance/s:

Social allowances differ from person to person and have to be clarified individually (so-cial benefits, family allowance, special family allowance, nursing allowance, etc.)

Other:

Within the years 2010 and 2011 the new minimum wage will be installed by the gov-ernment of each federal state in Austria. Persons with disability will in some cases also be able to receive the minimum wage under certain conditions


Employees (with a work-limiting disability) work in a protected and sheltered position under a contract for employment for at least the guaranteed minimum monthly income, and the relevant bonuses, such as holiday allowance.

The minimum wage is € 7.7936 gross per hour in a 38 hour/week system for a worker aged 22 with 1 year of seniority. This is about €1300 gross or €870 net per month.

There are 5 employment categories for workers with a work-limiting disability:

Category 5: Simple tasks that require little physical effort and only elementary attention.

Category 4: Simple tasks that require average physical effort and attention.

Category 3: Simple tasks that require considerable physical effort and constant attention, and semi-specialised tasks that require elementary theoretical and practical vocational training.

Category 2: Specialised tasks that require average theoretical and practical vocational training.

Category 1: Skilled tasks that require very thorough theoretical and practical vocational training.


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The minimum wage has since 1 August 2005 amounted to:

Category 5: € 7.7936 per hour





If the employees don’t meet these requirements, the following minimum hourly wage applies:

Age Seniority after 0

months

Seniority after 6

months

Seniority after 1

year

21 y € 7.4951 € 7.4951 € 7.4951

21.5 y € 7.4951 € 7.7017 € 7.7017

22 y € 7.4951 € 7.7017 € 7.7936

Employees with a work-limiting disability in sheltered workshops are given advice and support by supervisory staff. These workers are subsidised within the limits of the rele-vant regulations.

Funding is provided by the Flemish Fund for special arrangements needed to adapt the workstation owing to work-limiting disability, or when special equipment or clothing is required.

People with a work-limiting disability registered with the Flemish Fund can get expenses incurred for commuting to and from work reimbursed.

(Erik Samoy, Ontwikkelingen in het werkgelegenheidsbeleid voor mensen met een handicap [Developments in Employment for People with Disability], 2003)


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3.6.3 France

In ESATs

Each service user is entitled to a guaranteed remuneration paid by the ESAT. The amount is based on whether the person is working full time or part time. This guaranteed remuneration is composed of:

• A part directly funded by the ESAT, amounting at least to 5% of the gross minimum wage;

• A part funded by the state, amounting to 50% of the gross minimum wage when the part funded by the ESAT does not exceed 20% of the gross minimum wage, and gradually reduced when the part funded by the ESAT exceed 20% of the gross minimum wage.

As a result, the guaranteed remuneration is ranging from 55% to 110% of the gross minimum wage for full time work.

Workers may also receive a bonus based on the results of the commercial budget of the ESAT.

Finally, workers in ESATs are entitled to receive the allowance for adult with a disability (AAH “Allocation aux Adultes Handicapés”). However the accumulation of the guaranteed remu-neration and the AAH cannot exceed 100% of the gross minimal wage. The bonus is excluded from the calculation.

In EAs

The employee’s remuneration follows the rules of labour law. The minimum wage has to be respected.

Employees in EAs may be benefit from the AAH if, working part time, their wage is lower than the ceiling of the AAH.

3.6.4 Germany

Wages for disabled persons working in the workshops amount to an average EUR 160 per month. In addition, those working in workshops and earning up to EUR 325 receive an employment promotion allowance of EUR 26 per month. The placement of disabled


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employees in sheltered workshops is governed by the Regulation on the Involvement of Disabled Persons in Workshops.

EUR 160 per month cannot be considered as a life assuring monthly income. It is only one part of the different allowances a vulnerable person gets on account to its disability. If a person earns the average of 160 EUR in a workshop, this indeed cannot be consid-ered as a sufficient monthly income. It shouldn’t be considered as an income as a person receives a number of additional allowances on account to their disability. In total, a per-son with a disability has at his/her disposal around EUR 530, apartment/flat included.

For those seeking for additional information on that topic, please look at the coordina-tor’s internet web-page:

http://www.bagwfbm.de/category/6

3.6.5 Greece

Wages/top up allowance/s

Persons working in special work settings get a “symbolic wage”, which is rather small and depends on the financial possibilities of the centres.

Persons working in the open labour market with or without support of services receive their wages according to their working contract.

Social Allowance/s:

The Disability Allowance depends on the severity of the disability.

3.6.6 Ireland

Current HSE Service Participants receive a Statutory Disability Allowance per week of €196 (May 2010). Under New Directions, top up/attendance allowances are to be discontinued to all ‘New Entrants’.

For Service Participants engaged in Sheltered Employment (DETI) allowances/payments will require clarification.


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For Supported Employment and Open Employment Service Participants (DETI), the minimum wage criteria is applicable.

3.6.7 Italy


Persons with disability attending day structures/workshops/day centres only receive therapeutic payment, which amount depends on regional agreements and also in terms of family income.

If a PWD is employed for some weekly working hours there is also a “working inclusion on piece-rate”, not longer than six months. Money is lodged on a saving passbook in or-der to reinforce motivations and self-esteem of the person.

Persons with disability working in “inclusive workplace enterprises” as well as working on the open job market receive their wages according to collective agreements (firms, trade unions, etc).

The minimum wage in the Region Lazio for unemployed persons is of € 583 monthly (Regional Resolution nr 04/2009 art. 4-5).

Social Allowance/s:

Social allowances differ from person to person, it depends on the family income and have to be clarified individually (social benefits, family allowance, etc.)

Other: Other opportunities are the so-called “Borsa lavoro”: a temporary stage experi-ence aimed to a social rehabilitation without any working relationship with the firm and pocket money only (or local governments benefit agreements). At the end of this experi-ence the person is enrolled in the Transition Labour Office (UTL, Ufficio Transizione al

Lavoro) to help him/her to be included in a workplace.

3.6.8 Portugal


Persons with disability attending Occupational Activities Centres receive pension, the same amount for all.


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Persons with disability working in open labour market receive their wages according to collective agreements.

The minimum wage in Portugal is of € 475 per month.

Social Allowance/s:

Social allowances differ from person to person, it depends on the family income and have to be clarified individually (social benefits, family allowance, etc.)

In Portugal there is the Social Pension (for persons who have high level of disability) and the amount is the same for everybody.


As far as sheltered work is concerned, Flanders is the only place where the remuneration of the ‘sheltered’ worker has to respect the legal minimum wage. In the other countries, workers receive a payment, and this payment is topped up by a disability allowance. The amounts of the payment and of the disability allowance vary a lot from countries to countries.

Open labour market work is subject to the rules of labour law in terms of remuneration. The remuneration is set in the employment contract and, in most of countries, it has to respect a minimum wage either set by law and/or by collective agreement (Austria, Flanders, France, Ireland and Portugal). This does not prevent workers from benefiting from a disability allowance (e.g. in the case of part time work in France, to compensate for the cost of commuting to and back from work in Flanders, …).


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3.7 Formal Licensing of Service Provision (i.e. Na-

tional/regional/local accreditation, standards, quality assur-

ance, etc).

In order to qualify, keep and supervise a high standard of service delivery, formal licens-ing is mandatory in most of the project partner countries.

3.7.1 Austria

The public authorities of the federal states monitor the service standards, staff accoun-tancy and infrastructure of the service providers of day structures/workshops/day cen-tres as well as certain programmes for transition to the open labour market. The Aus-trian Federal Welfare Office (Bundessozialamt) is monitoring the service standards, staff, infrastructure and quality of the “inclusive workplace enterprises” as well as the services of supported employment.

There are certain standards in each federal state in Austria that have to be achieved by the providers in order that they are accredited as a service provider. In addition to that there are specific contracts between the public authority and the service providers in four federal states of Austria.47

As published in a report in 2010, about 60 percent of all service providers in Austria are using defined quality standards and about 15 percent of the service providers are using an external quality management system with external certification48

There are also other quality standards like in the City of Vienna, where the umbrella or-ganization of all service providers for social services (Dachverband Wiener Sozialeinrich-

tungen) has published certain quality standards concerning services for persons with disability in 2009. Those quality standards were signed by the member organizations.49

47 König O. (2010), p. 30. 48 König O. (2010), p. 73. 49 Dachverband Wiener Sozialeinrichtungen (2009), Qualitätsstandards für Organisationen in der Wiener Behin-dertenarbeit. Wien: Dachverband Wiener Sozialeinrichtungen Eigenverlag.


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Some services for vocational training and qualification are funded by the Federal Em-ployment Office (Arbeitsmarktservice). There is an official tendering procedure and the tender offering the best conditions at a good price with respect to the quality standards gets the contract. Furthermore, the Federal Employment Office (Arbeitsmarktservice) is monitoring all funded programs and services.


Every sheltered workshop has a protection and prevention at work service and is a not for profit, or a part of a subsidiary administration (province, municipality, commune, legal person governed by public law, public utility).

Furthermore there are some obligations in relation to accountancy, infrastructure, in-spection, and also in the framework of the quality decree for social welfare services (Flemish government, 29 April 1997).

This decree sets enhanced quality requirements for every service recognised by the VAPH. This implies a person centred approach at all times. This decree also states that every service needs to have a quality handbook that reflects the quality system, the mis-sion and vision of the organisation, and contains the quality planning of the service. Re-spect, the right to have an opinion or to complaint, the right for information and active participation are included.

3.7.3 France

In ESATs:

ESATs are licensed after submission of a project in response to a call for proposals. This call is launched by the regional health agency based on the needs identified by this agency. Success-ful projects are granted an authorization for 15 years, which specify the maximum number of places that can be created in the ESAT. The authorization can be renewed.

ESATs have the legal obligation to implement an evaluation process for their rehabilitation activities. This evaluation is both internal and external. The ESAT’s authorisation is renewed only upon submission of at least 2 external evaluation reports and 3 internal ones. ESATs have to comply with a set of recommendation of good practices issued by the national agency


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responsible for the evaluation and the quality of rehabilitation services (ANESM – Agence Na-tionale de l’Evaluation et de la Qualité des Etablissements et Services Sociaux et Médico-Sociaux).

As far as their commercial activities are concerned, ESATs can, on a voluntary basis, introduce some standards and implement an evaluation process (e.g. ISO).

In EA’s:

The licensing tools for EAs are three-year contracts of objectives. Such contract is negotiated between the EA and the regional direction for employment. It is equal to an accreditation for 3 years. A financial endorsement is signed every year.

EAs can, on a voluntary basis, introduce some standards and implement an evaluation process (e.g. ISO).

3.7.4 Germany

National / regional / local accreditation / standards / quality assurance

Acceptance of the authority

In order to assure the function of a workshop for persons with disabilities according to the existing laws the acceptance of the authority is necessary. In Germany the Federal employment agency is in charge of that and do provide an undated register of all work-shops for persons with disabilities in Germany.

The quality of the services delivered is individually checked on a yearly basis in the ex-pert committee. This committee is composed of equal numbers of representatives of the workshop, the Federal Employment Agency and regional social benefit providers. The expert committee is obligatory and has to meet at minimum once a year.

3.7.5 Greece

Organisations can be accredited as a Special Centre of Social and Vocational Integration (EKEK), if they offer vocational education and special services of social support to per-


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sons with disabilities or to persons after drug addiction (cp. Law 3025/2005, article 3, 1).

The standards concern the employment of adequate educational, administrative and academic staff and the adequate organizational and material structures (cp. ibic., 2), which are explicit defined in Article 4 of the Law 3025/2005.

Sources:

YPEKA: Ministry of Health and Welfare. (2007). Programmes for subsidization of new work places, free new jobs for persons with disabilities, persons after addiction, after prison, delinquent adolescents or adolescents, who stay in a social risk. From http://www.oaed.gr/Pages/SN_582.pg [Υπουργείο Απασχόλησης και Κοινωνικής Προστασίας. (2007). Προγράμματα Επιδότησης Νέων Θέσεων Εργασίας και Νέων Ελεύθερων Επαγγελματίων Ατόμων με Αναπηρίες, Απεξαρτημένων, Αποφυλακισμένων και Νεαρών Παραβατικών Ατόμων που βρίσκονται σε κοινωνικό κίνδυνο.]

Law 2643/1998 ’Care and employment for persons of special categories and other in-structions’. Offical Gazette 220/A/28-9-1998. [Νόμος 2643/1998 ‚Μέριμνα για την απασχόληση προσώπων ειδικών κατηγοριών και άλλες διατάξεις’ ΦΕΚ 220/Α/28-9-1998.]

Law 3025/2005 ‚System for certification, control and evaluation of special centres for social and vocational integration of persons with disabilities or after addiction’. Official Gazette 231/A/21-2-2005. [Νόμος 3025/2005 ‚Σύστημα Ποιστοποίησης, Παρακολούθησης και Αξιολόγησης Εξειδικευμένων Κέντρων Κοινωνικής και Επαγγελματικής Ένταξης ατόμων με αναπηρίες (ΑμεΑ) και απεξαρτημένων ατόμων ή ατόμων υπό απεξάρτηση’ ΦΕΚ 231/Α./21-2-2005.]

Law 3699/2008 ‘Special education and education of persons with disabilities or special educational needs’. Offical Gazette 199/A’/2-10-2008. [Νόμος 3699/2008 ‚Ειδική Αγωγή και Εκπαίδευση ατόμων με αναπηρία ή με ειδικές εκπαιδευτικές ανάγκες’ ΦΕΚ 199/Α'/2-10-2008.]

3.7.6 Ireland

The Health Information and Quality Authority will replace the current National Accredi-tation Committee role in terms of monitoring service standards and have responsibility for producing a Quality Assurance system that will incorporate guidelines for service providers, a comprehensive set of indicators covering the supports and an audit tool to assist with self evaluation, internal monitoring and continuous quality improvement.


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(New Directions, Personal Support Services for Adults with Disabilities, Report from the National Working group Review of HSE Funded Adult Day Services, Health Service Ex-ecutive, Ireland. 2009).

3.7.7 Italy

The public authorities with remit to supervise the appropriate and legal situation of the cooperatives is the Ministry of Labour (Law 142/2001) monitoring every two years the application of the statute in which work is promoted and that the “National Collective Labour Agreement” (CCNL: Contratto Collettivo Nazionale di Lavoro) of the cooperatives is respected according to Law 381/1991. This particularly concerns cooperatives Type B in which 30% of the members employed have to be PWD. The same Ministry monitors service standards, the annual accounts and the quality of the workplace. Moreover each region requests the yearly Report of Activities to the cooperatives.

Also established is a particular Register of Cooperatives placed in the Prefecture (a pre-fecture represents the National Government in each city capital of Region) and in each Region, too (Law 142/2001 so as to integrate and complement Law 381/1991). As an enterprise each cooperative has to be registered at the Chamber of Commerce to obtain its own enterprise code. Quality standards are those listed in Law 381/1991 equivalent to any cooperative. Out of any compulsory rule a cooperative can, on a voluntary basis, introduce some standards and implement an evaluation process (e.g. ISO, EQUAS) as a personal qualification. There is no rule that provides for transition from working in a cooperative to the open labour market, but it is in the spirit of their aim and goals to promote that opportunity.

3.7.8 Portugal

The National Social Service aligned to the Ministry of Labour monitors service provision every year. The same Ministry monitors the service standards, the annual accounts and the quality of the workplace.

Presently, all service providers must have conform to some standards and implement an evaluation process (e.g. ISO, EQUAS). They must have Quality Certification.


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In all countries there are certain standards that have to be achieved by service providers for persons with disabilities. The agencies responsible are at national or regional level. The obligatory standards for the authorization as a service provider for persons with disability concern e.g. the accountancy, infrastructure and inspection (Belgium) and the staff, organisa-tional and material structures (Greece).

According to quality standards and assurance, monitoring systems are required. In Ireland the Health Information & Quality Authority (HIQA)is responsible for monitoring quality standards and is to produce quality assurance criteria for sheltered occupational services. In Austria the public authorities of the federal states and in Portugal the National Social Service of the Minis-try of Labour are monitoring the service standards. In Germany an obligatory expert commit-tee composed of representatives of the workshop, the Federal Employment Agency and the regional social benefit provider’s checks yearly the quality of the services.

In some countries quality standards and assurance are obligatory for service providers. In Portugal service providers have to implement an evaluation process to obtain a quality certi-fication. In France the ESAT have the obligation to implement an evaluation process for their rehabilitative activities, while the EA can use quality standards voluntary.

In other countries quality standards and assurance is optional, e.g. Italy and Greece. However, according to a report in 2010 the most of the service providers in Austria are using quality standards or an external quality management.


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4 Work Plan 3:

Overview of the different types of Transition/ Integra-

tion to Work/Employment programs on offer/available

4.1 Description of the range of transition to work/employment

programs available

Intra-job mobility is one priority in the sheltered occupational services’ (SOS) mission to transfer persons with a disability successfully into open labour market employment de-pending on the wishes of the persons concerned. It should be an option for those who need to return to SOS settings to modify the legal conditions in order to facilitate the concept of intra-job-mobility. This chapter deals mainly with the transfer towards open labour market employment.

4.1.1 Austria

Programmes run by the Austrian Federal Welfare Office

The Austrian Federal Welfare Office:

• promotes advanced training programmes for employed persons with disabilities to combat job risks

• provides funding for supported employment services

• further develops work assistance and job coaching as highly intensive tools of support in finding jobs

• launches projects promoting maturity and qualifications to ensure a smooth tran-sition from school to work and to allow persons with disability to make optimal use of their abilities and talents

• designs model projects to promote non-profit temporary employment of persons with disabilities


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Programmes run by the Federal Employment Office

The Federal Employment Office:

• supports projects promoting maturity and qualifications to ensure a smooth tran-sition from school to work and to allow persons with disability to make optimal use of their abilities and talents

• provides projects for vocational qualification, preparatory programs and integra-tive vocational training

• together with the federal states (Laender) provide preparatory programmes for a later integration into the open labour market

Programmes run by the federal states (Laender)

The federal states:

• Run different qualification programs that enable young persons with a disability to find a job on the open labour market (secondment, internship)

• Focus on programs that support persons with a disability that already work in day centres/workshops to get vocational training and the opportunity to find a job on the open labour market. (secondment)

• Support services with wage subsidies and mentors within companies (mentoring)


Inclusive workplace enterprises are establishments facilitating the occupational integra-tion of persons with disabilities who cannot yet be (re-)integrated into the general la-bour market due to the type and severity of their disability but are able to meet mini-mum requirements of productive capacity. Inclusive workplace enterprises have a modu-lar structure:50

The employment module offers jobs for persons with disabilities. The employees receive a salary corresponding at least to the minimum pay guaranteed under the collective agreement and are covered by full compulsory insurance pursuant to the General Social Insurance Act.

50 Federal Ministry of Social Security, Generations and Consume Protection. (2005). Assistance to people with disabilities in the Austrian Social System. Vienna: Department IV, p.41.


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The job preparation module provides persons with disabilities with the necessary quali-fications for placement in the general labour market.

The services module takes advantage of the comprehensive know-how of the Inclusive workplace enterprises in employing persons with disabilities. This module offers ser-vices related to the occupational integration of persons with disabilities. It has been con-ceived to offer special support to other companies and institutions.

Supported employment services

A pool of service providers offers occupational orientation and integration, giving per-sons with disabilities a fair chance of professional integration into the open employment market.

There are five main programs involving professional integration on behalf of and accord-ing to the specifications and guidelines of the Federal Ministry of Social Affairs and Con-sumer Protection:

• Clearing

• Job/Work assistance (ongoing, employment-oriented counselling to help persons with disabilities find a regular job)

• Integrative vocational training assistance (support during the integrative voca-tional training scheme – see below)

• Job coaching (ongoing, long-term support to persons with disabilities after they have got a job. This measure is designed to ensure that employees with a disabil-ity keep their jobs)

• Personal assistance at the workplace

Provisions at Special Schools

Job orientation and preparation is an essential component of working with adolescents with learning disabilities or severe disabilities at the end of their compulsory schooling. The sub-ject “job orientation” has been incorporated in the curricula of special schools, and the sepa-rate curriculum “job preparation year”, which can be adapted individually to the needs of the adolescents, has been developed for the ninth grade.


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Clearing – A link between School and the Labour Market

A national Clearing concept for adolescents aged 14 to 24 years has been developed that is implemented in the federal states by private organisations. Specially trained experts closely collaborate with parents, teachers and pupils to find the best possible career for adolescents with a disability. The “Clearing” process starts with the preparation of a profile of the person’s strengths and weaknesses, describes his or her interests, wishes and needs for further train-ing, and aims at a close co-operation between school and the regional labour market. Fur-thermore, there is also the possibility for adults to take part in the clearing process.

Integrative Vocational Training

In Austria, vocational training (apprenticeship) is provided in a dual form: adolescents work in companies and learn their occupation there practically. In addition, they receive about 10 weeks of fundamental theoretical training at a vocational school. Persons with special educa-tional needs or with a disability can take the final training exam after a longer apprenticeship (prolonged by a maximum of 2 years) or go for a partial qualification. In the case of a partial qualification, which means one to three years of training, adolescents learn parts of a skilled trade in their training company and at vocational school. The contents, goals and time of the partial qualification are individually defined. This form of inclusive occupational training goes hand in hand with the program of the integrative vocational training assistance.

All the above measures are to be financed by structural funds (ERDF, ESF) as well as with national financial resources provided by the Compensation Tax Fund, the Federal Employment Service, the social insurance as well as the budgets of the Republic of Aus-tria and the Laender.

In the City of Vienna, the “Koordinationsstelle” has been installed and is responsible for cross-system consulting between programmes run by different funding agencies. There are a huge number of different programmes concerning young people in Vienna as can be seen in the following graphic51:

51 http://www.koordinationsstelle.at/wp-content/uploads/2010/10/angebotslandschaft_jugendliche_okt2010.pdf


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(See chapter 5.2.2 – Belgium)

4.1.3 France

General framework for persons with disabilities

Non-profit organisations named Cap Emploi are responsible for the inclusion of unem-ployed persons with disabilities in the general labour market. They provide the whole range of supported employment services: guidance services, support services to access training, job coaching service, adaptation of the workplace, follow-up services for per-sons in employment, etc.


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These NGOs are funded by the national agency responsible for developing the employ-ment of persons with disabilities in the private sector, AGEFIPH.

As far as vocational training is concerned, persons with disabilities are entitled to have access to all type of mainstream training provision. Training centres have to adapt the training to the needs of the person with disability (e.g. duration of the training, assess-ment methods …).

There are also some special vocational education and training programmes for persons with disabilities:

• Professional education, provided by special schools for young people with dis-abilities between 14 and 20 years (Institut medico professionnel – I.M.Pro);

• Specialised apprenticeship centres (Centres de formation d’apprentis spécialisés CFAS);

• Vocational rehabilitation centres (Centre de rééducation professionnel – CRP)

Framework for workers in ESATs and EAs

Programmes offered by ESATs and EAs aim at the transition to the open labour market:

• in ESATs: on-going training to the job position, adaptation of the work station to the user’s specificities, technical training (which can be provided outside the workshop), recognition of learning experience (diplomas specific to the ESAT or diplomas recognised nationally);

• in EAs: on-going training to the job position, adaptation of the work station to the user’s specificities, adaptation of the management.

There is also a system of bonuses granted to employers hiring workers previously work-ing in ESATs or EAs.

As a consequence of these special programmes, workers in ESATs or EAs will benefit nei-ther from Cap Emploi and vocational rehabilitation centres services (both are offering their services to unemployed persons only), nor from specialised apprenticeship (spe-cialized apprentices are considered as employed in the general labour market).

However, they have access to mainstream provision (which has to be adapted as de-scribed above).


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An experimental programme, PASSMO (“Passerelle vers le milieu ordinaire” – Pathway to the open labour market, www.passmo.org) is implemented in four French regions. It aims at promoting work in the open labour market for persons with disabilities who were previously working in ESATs. The two main characteristics of PASSMO are a strengthened support to the worker in the open labour market, and higher bonuses granted to his/her employer.

These programmes initiated by public authorities often prove to be not efficient enough, notably because they do not allow for an on-going support. Therefore some NGOs have developed “inclusion services”. These services are directed at persons with disabilities working in ESATs or EAs, or currently unemployed, to help them to enter the open la-bour market. The programs range from internship to training, apprenticeship, on-going in work support, and liaison with employers.

4.1.4 Germany

Workshops for persons with disabilities

Workshops have to create concepts and organisations necessary for the planning and implementation of measures to promote the transition of disabled people to the general labour market. In accordance with § 5(5) of the Workshops Decree (WVO), they have to involve the committee of specialists in this process.

The workshop council’s right of participation under § 5(1) No. 7 of the Workshop Par-ticipation Decree (WMVO) must be heeded here. § 5(4) (WVO) lists the following as suit-able measures for achieving the objectives laid down by law:

• Setting up a transition group to provide special types of training,

• Development of individual training plans,

• Training measures,

• Company work experience placements,

• Temporary employment in jobs outside the workshop.

The form and content of these measures given as examples are not further defined in the Werkstättenverordnung (WVO).


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It is the workshop’s task to create the further measures needed to provide specific preparation in the workshop for a move onto the general labour market. Integration pro-jects or further vocational training measures outside the workshop must be designed for this purpose. This can be done by means of training geared to occupational profiles, or internal workshop training.

A workshop-funding institution can also offer further measures that are legally and or-ganisationally separate from the workshop to suitable employees. These are usually measures following on from training in the admission process, the vocational training area or the work area. This expands the range of what they can offer as training provid-ers.

Vocational training centres

Vocational training centres are supra-regional vocational rehabilitation institutions pro-viding integrated support to help disabled young people participate in working life. Over 160 future-proof training courses leading to a recognized qualification are offered at 51 vocational training centres with around 13,000 places Germany-wide.

In addition to imparting subject-specific knowledge, these training centres also develop and strengthen personal and social skills. The integrated care of the persons undergoing rehabilitation is carried out by an experienced team consisting of doctors, psychologists, social workers, training officers and vocational school teachers.

The spectrum of services offered includes counselling, guidance on career suitability, work trials, vocational preparation courses, practical training, attendance at vocational school and support with integration into the selected job.

Vocational rehabilitation centres

Vocational rehabilitation centres are supra-regional vocational rehabilitation institu-tions providing integrated support to help disabled adults participate in working life.

Equipped with state-of-the-art technology, the 28 vocational rehabilitation centres Ger-many-wide have around 15,000 places for qualified training. Over 180 future-safe train-ing programs leading to a recognized qualification are offered. Integrated care is carried out by an experienced team consisting of doctors, psychologists, social workers and training officers.

They see themselves as partners of the persons undergoing rehabilitation in ensuring the best possible qualification result through a network of individual support and


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backup measures. The vocational rehabilitation centres use every possible opportunity, cooperation and initiative to create and develop jobs for disabled persons.

4.1.5 Greece

Programmes run by the Ministry of Employment and Social Affairs/Organisation

for the Employment of the Labour Force (OAED):

The Organisation for the Employment of the Labour Force (OAED) offers the following services:

3 Special Training Centres for persons with disabilities.

10% of the places of their Vocational Training Schools are reserved for persons with dis-abilities.

So far in 6 cities the OAED have available Departments for Special Social Groups, which administrate and counsel persons with disabilities.

Programmes offering financial support for employers employing persons with disabili-ties or self-employed persons with disabilities (cp. YPEKA 2007).

Special Training Schools

There are different types of Special Schools providing vocational education, which are defined in the Law 3699/2008 § 8, 1. There are Special Vocational Lyceum (EEPAL), Spe-cial Vocational Gymnasia (EEPAG) and Special Vocational Schools (EEPAS) and Special Vocational Centres for Education and Training (EEEEK), which belongs to the Ministry of Education and differ in the levels. In all schools, except of the EEEEK, the pupils can achieve equivalent training qualifications. All schools are open for persons with different disabilities, but the majority are persons with learning disabilities. The EEEEK are at-tended by persons with mental and severe disabilities. There are also special training schools, which are specialized for persons with sensory disabilities. Moreover there are many special training schools, which are provided by parental organisations, because the schools above exist only few years.

The most special training schools are located in Athens/Attica. Thus, there are big re-gional differences and many persons do not have access to vocational training schools.


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Vocational Training in the general training system

According to the Law 3699/2008 (§ 6, 1) persons with disabilities should have access to the general training system. Therefore there are some legal arrangements, like integra-tion classes at schools providing vocational education.

Furthermore, 10% of the places of vocational schools, which are under the responsibility of the Organisation for the Employment of the Labour Force (OAED), are reserved for persons with disabilities. These training schools provide, in comparison to the vocational schools of the Ministry of Education, vocational training in a dual form.

Special workplaces

There is no clear legal framework for the field of the employment of persons with dis-abilities in special work settings. However, mostly parental organisations offer special work settings for persons with mental disabilities. These organisations are often accred-ited as a Special Centres of Social and Vocational Integration (EKEK).

Working in the open labour market/Supported Employment Services

For persons working in the open labour market there are some profitable arrangements:

a legal framework (e.g. the duty of employers to employ employees with disabilities, Law 2643/1998; the duty to fill free jobs in the field of telephone client counselling with blind graduates, Law 2643/1998 § 3, 6),

(financial) support of the Organisation for the Employment of the Labour Force (OAED) for employers and employees with disabilities (cp. YPEKA 2007) and

special conditions for employees with disabilities (increase of leave days, Law 2643/1998 § 8, 4; protection against unfair dismissals, Law 2643/1998 § 11, 1; ergo-nomic adaptation of the working place, cp. YPEKA 2007, 32).

There are some Supported Employment Services. The most are offered by parental or-ganisations offering special training schools and workshops or voluntary organisations.


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4.1.6 Ireland

The two main government authorities responsible for access to ‘work programmes’ for people with disabilities are the HSE, the Health Service Executive,* and FÁS, the National Training & Employment Authority.

*(the HSE has no direct statutory responsibility or obligation in terms of mainstream work provision).

The HSE (Health Service Executive) is responsible for Rehabilitative Training and Shel-tered Occupational services some of which are provided by voluntary organizations with grant aid from the HSE. Some of these services may incorporate transition to work/like work programmes and/or support for accessing vocational training and work opportuni-ties, although the HSE has no direct statutory responsibility or obligation in terms of mainstream work provision. (Website: www.dayservicereview.ie)

FÁS (The National Training and Employment Authority) assists people with disabilities to find a job through the provision of community based employment and training programmes. FÁS also has contracts with Specialist Training Providers, who give individual attention along with spe-cialist equipment and adapted programme content for people with disabilities. Further infor-mation can be found at Equality and Inclusion.

FÁS National Supported Employment Programme (Supported Employment).

The Supported Employment Programme is an active labour market initiative to assist job-seekers with a disability to find employment in the open labour market. The Supported Em-ployment Programme facilitates the integration of people with disabilities into paid employ-ment in the open labour market, providing support to assist with this integration process and meet the labour requirements of employers.


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The Supported Employment Programme has 4 main phases:

A Needs Assessment. When someone is referred to Supported Employment, an employment specialist called a Job Coach will carry out a needs analysis to identify

the type of job the person would like to do.

Job Sourcing and Development. The Job Coach will identify suitable jobs, carry out job analysis and contact possible employers. The Job Coach will then look for suit-

able job options.

Matching the job-seeker with a suitable employer. Providing the employee with necessary support and coaching in the workplace. The Job Coach will support both

the employer and employee.

After-care and Follow-up. To provide an after-care/on call service for clients and employees where applicable. The amount of support provided should decrease

over time as the employee learns the skills required for the job and adapts to the workplace.

The service is open to all eligible persons with a disability who are 'job ready'. For the pur-pose of the Supported Employment Programme, job readiness is defined as "a person who has the necessary training, education, motivation and ability to pursue work/career in the open labour market and if needed, has the transport to get to and from work".

Specialist Training Providers (Specialist Training Providers)

FÁS also contracts with Specialist Training Providers (STPs), to deliver training Courses to peo-ple with disabilities who require more intensive support than would be available in non-specialist training provision.

Some key features of specialist vocational training include:

Additional training duration;

Adapted equipment;

Enhanced programme content;


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Trainer to learner ratio;

Specialist qualifications of staff;

Additional opportunities for assessment; and

An individualised approach.

Vocational Training

FÁS provides vocational training for the unemployed and re-entrants to the workforce through specific skills training and traineeships, and training for those in employment through apprenticeships and in-company training. People with disabilities are encouraged to avail of all these mainline training options.

4.1.7 Italy

Ministry of Labour, Ministry of Health and Ministry of Social Affairs, in different situa-tions, are entailed to control the access of PWD in the work field at a national level, ac-cording to Law 68/1999, that obliges public administration and private firms to employ a PWD, as aforesaid in WP 1. There is no special programme at national level which pro-motes or organizes transition from working in a cooperative to becoming an employee in the open labour market (see last paragraph in WP 2 point 2.7).

On the other hand each Region and different municipalities, with their own departments, may organize training for PWD or promote particular local rules to employ PWD or even to provide work for PWD.

A Cooperative type B is itself a social enterprise that may compete with any other firm (working in the open labour market) offering a satisfying and safe workplace to PWD. However cooperatives aim to train persons to move to the open labour market as a step towards to full integration/participation in society, but without any official national pro-gramme.

Any PWD can be enrolled in the Special Employment List when his/her invalid-ity/disability is higher than 45%, but this does not mean that employment will be guar-anteed.


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Provisions at Special Schools

In Italy there are only a few so-called special schools remaining as the concept of ‘main-streaming’ has suppressed those institutes. The schools remaining as professional schools are entitled to provide training in particular fields for PWD that will help job orientation and preparation for the working future of the student. In Rome, i.e., there is a special school for phone operators for partially sighted and blind persons. Again, in Bologna there is a special school for the same target of persons in information technology. Other professional school welcome PWD as regular students.

4.1.8 Portugal

The Law No. 290/2009 Decret, creates the Program for Employment and Support Quali-fication of Persons with Disabilities and Disabilities, with the following measures: a) supporting the qualification - is accomplished through training and training.

b) Supporting the integration and reintegration into the labour market, includes the fol-lowing modalities: on information, assessment and vocational guidance,

• Support for the placement,

• Follow-up post – placement,

• Adaptation of jobs and elimination of barriers,

• Exemption and reduction of social security contributions.

c) supported employment - is considered the exercise of a profession or socially use-ful, with appropriate framework, enabling people to develop personal and profes-sional skills to facilitate their transition to normal work.

The supported employment can take several forms:

• Stage Inclusion;

• Employment Contracts – Incorporation;

• Protected Employment Centre;


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• Contract for Supported Employment.


All countries have developed policies and programmes for the transition of persons with disabilities toward employment and the general labour market. They encompass both vocational training and supported employment services. They are often accompanied by financial incentives to employers (e.g. Greece, France for workers previously employed in an adapted setting, Portugal).

As far as vocational training and qualification is concerned, the main types of provisions are as follow:

• Access to mainstream vocational training, which has to be adapted. Greece even has a quota of 10% of places in vocation schools reserved for persons with dis-abilities

• Special vocational education for young people in special schools

• Special apprenticeship

• Special vocational training provision

• Training in an adapted work setting

Access to one type or another may depend on the status of the person (e.g.: unemployed, working in an adapted work setting …). Training can include internship and temporary work placement.

Supported employment services encompass an integrative approach varied services: needs assessment and guidance, work assistance, job coaching, job matching, mentoring, adaptation of workplaces, follow up.

In all countries sheltered occupational (adapted) work settings run programmes for the transition of workers towards the general labour market. However, while in some coun-tries these programmes are compulsory by law and have to be implemented by the workshop (e.g. Germany, France), in others they are only optional – e.g. Ireland, Italy).


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4.2 Description of the Agencies Responsible

In all project partner countries different authorities and national public services are re-sponsible to make sure that accreditation procedures and quality evaluation is proc-essed.

4.2.1 Austria

The Austrian Federal Welfare Office (Bundessozialamt) is the main government authority responsible for supported employment, transition from school to work and qualification.

The Federal Employment Office (Arbeitsmarktservice) provides projects for vocational qualification, preparatory programmes, integrative vocational training and projects for supported employment.

The federal states (Laender) are responsible for providing day centres/day struc-tures/workshops, and also certain preparatory programmes for a later integration into the primary labour market, which are mostly organised in cooperation with the afore-mentioned Federal Employment Office.


VDAB

(Vlaamse Dienst voor Arbeidsbemiddeling en Beroepsopleiding, GTB/ATB (Gespeciali-seerde Trajectbepaling en –begeleiding/Arbeidstraject Begeleiding),

GA (gespecialiseerd arbeidsonderzoeksdienst)

Since April 2006, the VDAB (Flemish Employment and Vocational Training Service) is responsible for employment and training of job-seekers, including persons with a dis-ability. The VDAB is funded by and works under the supervision of the Flemish Authori-ties.

Job-seekers in Flanders with a work-limiting disability who are registered at the VDAB, can invoke assistance during their job search, organised by GTB (Specialised Job Coach Service, supported employment service). This service can also provide guidance and ad-


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vice to the employees as well as the employers, and this during the first 3 months of the employment. Before 01/01/2008 5 Provincial ATBs (Job Coach Service) were merged into 1 Flemish not for profit association called GTB.

GTB also cooperates with GAs (specialised labour research service) and GOBs (special-ised training, support and intermediation centre). The aim of a GA is to collect, through specialised survey, information needed to successfully consult a person with a disability in his/her search for a job. The GAs are specialised in diagnostic, orientation and guid-ance.

Centres for vocational training:

GOB (gespecialiseerd opleidings-, begeleidings- en bemiddelingscentrum), CBO (Centra voor beroepsopleiding)

A GOB (specialised training, support and intermediation centre) is a by the VDAB offi-cially recognised service, providing training and support to job-seekers with a work-limiting disability with the purpose to support them in finding a job on the regular la-bour market.

CBOs (Centre for vocational training) are specialised in training and support of persons with a work-limiting disability. Training is provided to develop professional skills needed to function in the regular labour market. During the training period, at least 50% of the time will be spent on the work floor. Besides the provided trainings, information and support is given to the employers during internships and the recruitment of persons with a work-limiting disability.

KVG (Werkbank)

KVG (Katholieke Vereniging Gehandicapten – Catholic Organisation of Disabled) is a Flemish umbrella that claims equal rights and opportunities for people with a disability. KVG has several services, including a service for people looking for a job called the “Werkbank” (Work Bench).

The Werkbank assists young people with a mild intellectual, sensory, physical or multi-ple disabilities towards employment. This support includes informing, advising, individ-ual training of skills the young person and at the same advising and informing the poten-tial employer on legal and practical matters.


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GIBO

Persons with a work-limiting disability supported by a GOB are eligible for a GIBO (Spe-cialised Individual Vocational Training on the Work floor). A GIBO is a variant of a classic individual vocational training (IBO). Via GIBO a job-seeker can be trained on the work floor. The training lasts 4 to 52 weeks. The productivity loss will be refunded by the VDAB.

VIVO (Vlaams instituut voor vorming en opleiding) is the Flemish sector training institute for the not for profit and the public social sectors. VIVO has a collaboration agreement with the Flemish Government and the different management committees.

The training institute provides training for employees of a sheltered workshop having a work-limiting disability, as well as the support staff.

4.2.3 France

As far as programmes initiated by public authorities are concerned, the agencies respon-sible are:

• the central government (ESATs, EAs, PASSMO);

• regional health agencies (ESATs);

• the national agency responsible for developing the employment of persons with disabilities in the private sector, AGEFIPH (www.agefiph.fr) (bonuses granted to employers).

4.2.4 Germany

The integration office is responsible for providing ongoing support in working life. It as-sists the participation of severely disabled persons in working life in companies – through services to the employer and to severely disabled employees.

To ensure that this task is fulfilled properly, experts from different specialist fields are available to the integration offices. The consulting engineers working in the technical advisory service of the integration office are responsible for disability-friendly design of


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new and existing workplaces and for technical aids. They advise employers, severely dis-abled persons and the representatives of severely disabled persons on technical and or-ganizational matters relating to the employment of severely disabled employees.

To provide on-the-spot advice and assistance to severely disabled persons and their em-ployers in the matter of psychosocial questions, the integration offices and local em-ployment agencies have set up so-called specialist integration services at independent institutions and providers.

The specialist services of the integration office work closely with the representatives of the severely disabled in the company, as well as with employers, works councils and the local employment agency’s rehabilitation team.

4.2.5 Greece

The Ministry of Health and Welfare is responsible for parental or voluntary organisa-tions offering different services for persons with disabilities.

The Ministry of Education is responsible for the education and vocational training in general or special schools, except the vocational training schools, which are coordinated by the Ministry of Employment and Social Affairs.

The Ministry of Employment and Social Affairs is responsible for their vocational train-ing schools and the employment of persons with disabilities.

4.2.6 Ireland

The two main government authorities responsible for the accreditation of ‘transition to work programmes’ for people with disabilities are the Health Service Executive (HSE) and the National Training & Employment Authority (FAS).

(see chapter 4.1.6- Ireland: for more detailed reference)


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4.2.7 Italy

In Italy there are no agencies responsible for supported employment, transition from school to work and qualification at any level, unless what is expressed in Law 68/1999.

A National Observatory on the conditions of Persons with Disabilities has been established according to Law 03.03.2009 n. 18 art. 3. The constitution of the Observatory is made up ac-cording to the Ministerial Decree 30.11.2010

4.2.8 Portugal

In Portugal the Training and Employment Institute for the Government is the responsible agency for all the training and employment matters.

4.2.9 Comparative analysis

As it is obvious from the table below, the responsibilities for various fields of service providers for persons with disabilities are structured in a different way in each country.


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Fields

Supported Employment/

Employment and training of job-

seekers

Transition from

school to work and

vocational qualifica-

tion

Sheltered Work-

shops

Austria

Austrian Federal Welfare Office (Bundessozialamt),

Federal Employment Office (Ar-beitsmarktservice)

Austrian Federal Wel-fare Office (Bundes-

sozialamt),

Federal Employment Office (Ar-

beitsmarktservice)

Federal states (Länder)

Belgium VDAB VDAB

France National agency

AGEFIPH

Central government

and regional health agencies

Germany

Employment Agency (Agentur für Arbeit),

Integration Office

Employment Agency (Agentur für Arbeit),

Integration Office

Greece Ministry of Employment and Social

Affairs

Ministry of Education,

Ministry of Employ-ment and Social Af-

fairs

Ministry of Health and Welfare

Ireland National Training and Employment

Authority (FAS)

National Training and Employment Author-

ity (FAS)

Health Service Execu-tive (HSE)

Italy National Interdepartmental Ob-

servatory National Interdepart-mental Observatory

National Interdepart-mental Observatory

Portugal Training and Employment Insti-

tute Training and Em-

ployment Institute Training and Em-

ployment Institute


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4.3 Description of the Workplace Support Conditions/Criteria

This chapter deals with the conditions under which support for persons with disabilities is organised. The range is broad and diverse. Supported employment, job coaches and other innovative structures and agency schemes have been implemented to facilitate the employment of persons with a disability in the open labour market.

4.3.1 Austria

It is determined by law that employers have to provide reasonable accommodation, in-cluding accessible workplaces as well as special tools to enable persons with disability to work.

In addition to that there are supported employment schemes that support persons with disabilities in the workplace. For example the ‘personal assistance at the workplace’ or the ‘Job Coach programme’, who offers ongoing, long-term support to persons with dis-abilities after they have got a job.


To increase employment for persons with a work-limiting disability in the regular labour market, some employment support measures for employers and employees exist. For all these support measures, the job-seeker/employee, as well as the employer requires to contact VAPH (see chapter 1.5.2):

VOP (Vlaamse ondersteuningspremie) is a subsidy offered by the Flemish government to em-ployers who want to hire a person with a work-limiting disability. The subsidy is a compensa-tion for possible production loss, and can go up to 60% of the labour cost, depending on the degree of disability.

Besides this ongoing support, the employer can request a one-off reimbursement of expenses made to adapt the work station as well as the work environment (reasonable accommodation measures). The last measure for the employer is a refund for extra vocational training the employee with a disability might need.

For the jobseeker/employee the following ongoing extra measures exist:


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Support from an interpreter for deaf or hearing impaired persons.

Compensation in the costs for customised work clothing and/or equipment needed because of the disability.

Reimbursement of transport costs from and to work or training

4.3.3 France

The law requires that employers provide reasonable accommodation. Beyond this require-ment, there are no other support conditions or criteria.

4.3.4 Germany

Specialist integration services are services provided by third parties to assist measures for helping the participation of severely disabled and disabled persons in working life. The concept, duties, commissioning and financing of specialist integration services are governed by laws and regulations. The integration services have developed from the previous psychosocial and job support services. They work closely together with work-shops for persons with a disability in order to facilitate workshop employees their par-ticipation in working life.

The specialist integration service:

Assists severely disabled persons in their transition into working life or in their job;

Advises and assists employers before, during and after the employment of a disabled person. The service is available long-term by contact;

Has specialist staff to aid the transition from school to employment (for pupils with se-vere disability) and from the workshop to the job market.


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The aim of the specialist integration service is:

To place job applicants in the most suitable job,

To safeguard employment conditions.

The specialist integration service counsels, supports and assists severely disabled per-sons:

In finding a suitable job or traineeship,

In preparing application documents,

In preparing capability profiles and requirement profiles,

In relation to the services of other public bodies,

In taking up employment and adjusting to work,

In completing necessary formalities,

In handling problems at the workplace and dealing with colleagues,

In re-entering employment (for example after a prolonged illness) or adjusting to a new job.

The specialist integration service advises employers:

Before, during and after the employment of severely disabled persons,

In filling job vacancies with suitably qualified personnel,

On the effect of disabilities in the specific job,

On making contact with potential funding agencies,


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Who already employ a severely disabled person and in relation to this have questions on qualification and workplace design, need assistance with problems or would like infor-mation on legal bases.

4.3.5 Greece

(see chapter 4.1.5 – Greece)

4.3.6 Ireland

FÁS (The National Training and Employment Authority) assists people with disabilities to find a job through the provision of community based employment and training programmes. FÁS also has contracts with Specialist Training Providers, who give individual attention along with spe-cialist equipment and adapted programme content for people with disabilities. A full range of grants and schemes to support persons with disabilities in the workplace are available to em-ployers, service providers and persons with disabilities. Further information can be found at Equality and Inclusion.

(see chapter 4.16 – Ireland: for more detailed information)

4.3.7 Italy

There aren’t such support conditions or criteria. It is required that employers provide reason-able accommodation, particularly in terms of architectural barriers and special tools or work-ing instruments, having facilities in payments and taxes (Law 68/1999).

4.3.8 Portugal

There aren’t such support conditions or criteria. It is required that employers provide the same conditions that the others workers have.


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Workplace support conditions

AUSTRIA

. Reasonable accommodation

. Accessible workplaces

. Special tools

. Personal assistance at the workplace

BELGIUM

. Subsidy to employers

. Employer can request a one-off reimbursement of expenses made to adapt the work station / work environment

. Refund for extra vocational training

FRANCE Reasonable accommodation

GERMANY

. Specialist Integration Services

Assists the transition into working life

Advises and assists employers

Aid the transition from school or workshop to job market

GREECE There isn't such support

IRELAND

National Training and Employment Authority:

. Specialist equipment and adapted programme

. Coaching in the workplace

. Vocational training for unemployed and re-entrants to the workforce.

• Employer Incentives, grants and schemes

ITALY There isn't such support

PORTUGAL There isn't such support


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4.4 Transition to Work/Employment Outcomes

The transition of persons with a disability into the open labour market is often a pol-icy/constitutional criteria of sheltered occupational services (SOS) in many member states. Despite this and the legal obligation to transfer persons with a disability towards the open labour market and employment, the annual transfer rate appears very modest, with unreliable national statistics/data available.

4.4.1 Austria

Concerning services financed by the federal states, there is no nationally assigned re-sponsibility for recording or determining transition to work/employment outcomes for persons with disabilities working in day centres/workshops/day structures. There are some statistics offered by some of the federal states. For example, the Vienna Social Funds published a report in 2007, dealing with occupational therapy (these services are called “day structures” since 2010) in the City of Vienna. In this report, the transition to work has also been analysed, based on the data of 2007. In Vienna, 3.539 persons with disability (03.12.2007) were working in workshops for occupational therapy (they are called “day structures” since 2010).52

In 2007, 24 persons with a disability changed to a supported employment project and about 63 persons with a disability returned from those projects back to day cen-tres/workshops. A total of 8 persons returned to day centres/workshops from the open labour market whereas 20 persons found a job on the open labour market.53

52 Bacher, R., Löger, B., Motsch, H. (2008). Stand der Beschäftigungstherapie in Wien. Kapazitäten und Qualitäten der Angebote des Jahres 2007. Wien: Fonds Soziales Wien Eigenverlag, p.10. 53 Bacher, R., Löger, B., Motsch, H. (2008). p.9.


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The only data found on the transition to work/employment numbers is on the transition from sheltered employment to the open labour market. No data was found on the general transition of persons with disabilities into regular employment.

2004 2005 2006 2007 2008 2009

38 47 58 119 128 51

In 2009 51 persons went from the sheltered into the regular labour market. This is only 0.3 % of the total of persons with a disability. In comparison with 2008, this is more than half. We are in 2009 now at the level of 2005 and 200654.

54 Socio- en financiëel-economische situatie van de Beschutte Werkplaatsen in Vlaanderen”, p. 15, Boekjaar 2009, VLAB


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4.4.3 France

No official data is available.

It is estimated that less than 5% of ESATs users are moving towards EAs or the open la-bour market.

4.4.4 Germany

In Germany a study has been published just recently to show up the transitions realised in German workshops for persons with disabilities in the years 2002 to 2006 per region.

All transitions per region in the years 2002 to 2006 from adapted work settings to regu-lar employment in the Federal Republic of Germany: (see next page)


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Region Total in Per-

sons

Annual Average in Per-

sons

Percent-

age

Baden-Württemberg 172 34 0,22%

Bayern 112 22 0,12%

Berlin 70 14 0,24%

Brandenburg 49 10 0,12%

Bremen 29 6 0,22%

Hamburg 60 12 0,41%

Hessen 162 32 0,29%

Mecklenburg– Vorpom-

mern 24 5 0,10%

Niedersachsen 152 30 0,15%

Nordrhein-Westfalen 212 42 0,09%

Rheinland-Pfalz 95 19 0,19%

Saarland 53 11 0,35%

Sachsen 48 10 0,11%

Sachsen-Anhalt 23 5 0,14%

Schleswig-Holstein 123 25 0,35%

Thüringen 21 4 0,08%

GERMANY 1.405 281 0,16%


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Only 281 former workshop employees were successful in recent years and converted to a regular employment. Compared to PWD’s still working in adapted settings the transi-tion rate in percentage is only 0.16%.

4.4.5 Greece

There are no statistics available.

4.4.6 Ireland

In Ireland there is no nationally assigned responsibility for recording or determining transition to work/employment outcomes for all people with disabilities who complete training courses. The government agencies specified and specialist organisations annu-ally record these outcomes on an individual basis (Annual Reports, etc.).

The Central Statistics Office Ireland provides principle statistics on “Employ-ment/Unemployment in the general population including people with disabilities in the general workforce.

Ref: http://www.cso.ie/statistics/LabourForce.htm

4.4.7 Italy

30.017 persons employed in 2009 matched up to 768.394 persons enrolled in 2007 in the Special Employment List. No other official data is available.

4.4.8 Portugal

No official statistics available.


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It is quite remarkable to state that in the 8 partner countries there are not any definitive statistics or data to show and demonstrate the transition to work/employment outcomes for persons with disabilities. Some data is available in a few countries such as in Austria, Belgium Flanders, Germany and Ireland, but no overall general information is available. In some partner countries, and where available, the data is outdated and unreliable, and in many cases difficult to access.

The lack of formal and official data and/or up-to-date information in relation to the above, underlines that there remains a lack of administrative attention and involvement both from society and from statutory authorities.

4.5 Agency Evaluation of Services (National Statistics)

In each partner country, an administrative structure has been established to supervise and evaluate the delivery of services in sheltered occupational (Adapted) services.

4.5.1 Austria

The Austrian Federal Welfare Office (Bundessozialamt)55 and the Federal Employment Office (Arbeitsmarktservice)56 both offer some general nationwide statistics concerning supported employment programs in their annual reports. There are also some figures and statistics available on the website www.arbeitundbehinderung.at57

Concerning services financed by each of the federal states, there is no nationally as-signed responsibility for annual statistics.

55 http://www.bundessozialamt.gv.at/basb/Downloads_&_Formulare/Publikationen 56 http://www.ams.or.at/ueber_ams/14194.html 57 http://www.arbeitundbehinderung.at/de/index.php


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Centre Work and Social Economy “Steunpunt WSE” is a knowledge centre providing in-formation on work, labour market and social economy. The Centre is mandated by the Belgian Federal Government and supports the further development and exploitation of socio-economic databases on employment and the labour market.

More detailed data on sheltered employment is collected by VLAB and yearly published in “Socio- en financiëel-economische situatie van de Beschutte Werkplaatsen in Vlaanderen”, a study on the socio-economic and financial situation of the sheltered workshops in Flanders. All 68 sheltered workshops provide the information through their annual accounts that the services send to the funding agencies. As all workshops participate, the results are 100% reliable, but are not official statistics used by the gov-ernment.

Sources:

http://vdab.be/personenmeteenhandicap/ cbo.shtml

http://vdab.be/arbeidshandicap/default.shtml

http://www.invaliditeit.be/GIBO.html#ixzz12hXqnZaM

www.steunpuntwse.be

http://dewerkbank.be/Werkbank/tabid/60/Default.aspx

http://www.werk.be/wg/socecontewerk/beschutte/?SMSESSION=NO

Socio- en financiëel-economische situatie van de Beschutte Werkplaatsen in Vlaanderen”, Boekjaar 2009, VLAB

w.invaliditeit.be/VOP.html

4.5.3 France

No official data is available, despite the fact that the annual budget law provides that the number of support agreements signed should act as a performance indicator for ESATs.

Support agreements are contracts concluded between the worker, the ESAT, the em-ployer and support services when an ESAT’s user moves towards the open labour mar-ket. These agreements provide for support to the worker’s integration within the com-


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pany, and they set the conditions for the return to the ESAT if necessary. However, these agreements are optional, and no figures are available.

4.5.4 Germany

It is a legal requirement that the quality of the services delivered in workshops should be described in an agreement between the funding agencies and the (benefit) service pro-viders. The funding agencies in the Federal Republic of Germany are differently organ-ised in the sixteen regions. The legal basis however for this benefit agreement is a Fed-eral law (Federal social code book twelve, § 75 (Einrichtungen und Dienste)).

The workshop for persons with a disability has to make an agreement with the respec-tive funding agency in his region. As this differs from region to region there are no uni-fied Federal statistics available.

4.5.5 Greece

No official data is available.

4.5.6 Ireland

As referred to in the previous section and in terms of national evaluation of sheltered occupational services and programmes , there is no nationally assigned authority or re-sponsibility for recording or determining general numbers availing of service provision (e.g. entries/exits/outcomes to and from services) for all those attending sheltered workshops and/or on training courses. The government agencies specified and specialist organisations may record this data on an individual basis (Annual/administrative Re-ports, etc.).


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4.5.7 Italy

No national official data is available at present. However there is an interdepartmental work-ing group to establish a National Observatory for the Rights of Persons with Disabilities to Work. Tasks of the Observatory will be to monitor, study, research, documentation and make proposals in order to apply Law 68/1999.

Besides, there are some agencies with local resolutions both at regional and/or municipal lev-els.

4.5.8 Portugal

No official statistics available.


As aforesaid in paragraph 3.4 the same situation is evident in this paragraph 3.5, and in all partner countries. There are no reliable statistics/data available on the general evaluation of services, in terms of accounting for all those who participate/attend ser-vices, both at local and national level. Again, limited and in some cases out-dated data is only available in some countries such as Austria, Belgium Flanders, Ireland and Ger-many.

5 Work Plan 4:

Partnership Dissemination Activities

Country Date Name/title of event Type of Activity Products used Target Group & num-

ber

Feedback & Fol-

low-up

All partner

associations

ON-GOING Production of leaflett for dissemina-

tion IGOS Work for All by Scuola Viva

Onlus Italy

leaflet

All partner

associations

ON-GOING

Development of Website IGOS Work

for All by Scuola Viva Onlus Italy and JAW Austria

website www.igosproject.eu website visitors

Jugend am

Werk Austria

April 4, 2011 Article in the annual report of "Jugend

am Werk"

Article Employees of "Jugend

am Werk", civil servants,

stakeholders in the field of disability, companies

Jugend am

Werk Austria

December

13, 2010

Meeting of the managers of day struc-

tures and supported employment of Jugend am Werk

Presentation ppt-presentation 30 persons

Jugend am

Werk Austria

February 6,

2011

Meeting of managers of 4 Austrian

service providers in Graz

Presentation and

discussion about European affairs

leaflet 10 persons


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ber

Feedback & Fol-

low-up

Jugend am

Werk Austria

June 13,

2010

Fair "Jeder fuer Jeden", Vienna Distribution of the

leaflet

leaflet Visitors of the fair, 100

leaflets were handed out

Jugend am

Werk Austria

March 16, 2011

Homepage of the project "Quality Work Settings for All"

Homepage www.igosproject.

eu published

Leaflet, ppt-presentation

public On-going updates, possibility for users

to send feedback

Jugend am

Werk Austria

March 21,

2011

Homepage "Jugend am Werk"

www.jaw.at

Article/section

about the project

public On-going updates

Jugend am

Werk Austria

ON-GOING Articles/contributions to the home-

page www.igosproject.eu

Written Articles

Jugend am

Werk Austria

ON-GOING Articles/contributions to maga-

zine/annual report

Written Articles

Jugend am

Werk Austria

ON-GOING Dissemination of the project report

and recommendations

Presentations ppt.-presentation,

leaflet, recommen-

dations

Employees of "Jugend

am Werk", civil servants,

stakeholders in the field of disability, companies

EASPD - Swe-

den

16-

17/11/2009

Equality Summit oral dissemina-

tion during the event

oral explanation to par-

ticipants


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ber

Feedback & Fol-

low-up

EASPD - Europe ON-GOING Webpage on EASPD Website on IGOS

Work for all project + link to website

IGOS

Website http://www.easpd.

eu/LinkClick.aspx?f

ileticket=716645414638473559576F3D&tabid=5239&lan

guage=en-US&stats=false

Website visitors

EASPD - Bel-

gium

26th January

2010

Club of Friends of EASPD, Meeting

with MEP's to raise awareness on

adapted work

Debate on the

employment

situation of per-sons with a dis-

ability in the

European Union

Folder EASPD

BAG:WfbM Em-

ployment Key for social inclusion and personal develop-

ment

15 Members of the EP of

different political groups

(Disability Intergroup, all representing parties)

Workshop visit in

Germany, Estab-

lishment of the Club of Friends of EASPD

and MEP's

EASPD - Za-

greb, Croatia

12-13/03/10 seminar on capacity building, net-

working of service providers in Croa-tia

PR market place

for promotion of activities such as the NQF project

IGOS leaflet in Eng-

lish

About 40 service provid-

ers, policy makers, rep-resentatives of disability

organisations

EASPD - Sofia,

Bulgaria

21-23/04/10 Seminar on networking and capacity

building

PR market place

on projects and Bulgarian organi-

sations


lish

Around 100 Bulgarian

policy-makers and rep-resentatives of service providers for persons

with disabilities


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ber

Feedback & Fol-

low-up

EASPD - Pra-

gue, Czech re-

public

27-

28/04/2010

Pass It On project meeting dissemination

during meeting

IGOS leaflet in 2

languages (EN &

DE)

14 project partners in

the EU project

http://www.ea

spd.eu/Project

s/RunningProj

ects/NQFInclus

ive/tabid/5241

/Default.aspx

01/04/10 Publication Article published

in EASPD news-flash

article EASPD membership and

about 500 stakeholders in Europe

EASPD - Hel-

sinki, Finland

3-4/06/2010 Conference on High Dependency

Needs

PR market place

for promotion of

activities such as the NQF project,

and oral explana-

tion


lish and personal

communication

About 250 representa-

tives of civil society,

policy makers, NGOs, organisations working in

the field of inclusive

education and VET

EASPD - Bur-

gas, Bulgaria

9-

10/09/2010

9-10/09/2010 dissemination

during meeting


lish and personal communication

Around 60 Bulgarian

policy-makers and rep-resentatives of service

providers for persons with disabilities


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ber

Feedback & Fol-

low-up

EASPD - Skopje,

Macedonia

October 7-8,

2010

EASPD Conference "Towards Commu-

nity Living"

PR market place

for promotion of

activities such as the NQF project,

and oral explana-

tion


lish and personal

communication


tives of civil society,

policy makers, NGOs, organisations

EASPD - Brus-

sels, Belgium

27/10/10 Workshop on the role of 3rd Employ-

ment Sector Services (Eur. Job Mobil-ity Partnership)

Short Introduc-

tion of the project during the work-

shop



25 representatives of

umbrella organisations working for/with vul-

nerable groups

Spring 2011 a next

workshop on the role of the Third

Employment sector Services will be

organised

EASPD - Paris,

France

22/11/10 a meeting organised by the Interna-

tional Labour Organisation – set up of

the ILO Business & Disability Net-work.

The project was

introduced orally

during the meet-ing


lish and personal

communication

Managers & HR Manag-

ers of European multina-

tional, ILO representa-tives

EASPD - Kra-

kov, Poland

23/11/10 Seminar: „Standards for supporting

people with disability in the field of

education and employment according to UNO Convention and EU strategy towards disability problems in the

period of 2010-2020.”

distribution of the

draft leaflet and

oral presentation of the IGOS pro-ject during the

workshop on EU funded projects


lish and personal

communication


service providers in the

Krakov region & 2 repre-sentatives of the City of Krakov (Mayor & 2 civil

servants)

Participants want to

stay informed on

the project and its outcomes


-176-


ber

Feedback & Fol-

low-up

EASPD - Brus-

sels, Belgium

13/01/11 Meeting European Commission and

Disability Intergroup

dissemination of

the IGOS brochure


lish and personal

communication

45 representatives of the

EC and the Disability

Intergroup

EASPD - Nor-

way

23/02/11 Meeting with the Nordic cooperation

NORDON

dissemination of

the IGOS brochure




NORDON

EASPD - Czech

Republic

01/03/11 Conference dissemination of

the IGOS brochure


lish and personal

communication

around 220 representa-

tives of the social sector

EASPD -

Finland

22/03/11 De-institutionalisation event dissemination of

the IGOS brochure



about 220 representa-

tives of municipalities, national authorities,

service providers and

persons with disabilities

EASPD - Tal-

linn, Estonia

10-

12/04/2011

Provider Forum dissemination

during the forum, small market with

EASPD brochures, information and

IGOS project bro-

chure




public and private ser-vice providers, represen-

tatives of universities


-177-


ber

Feedback & Fol-

low-up

EASPD - War-

saw

27/04/11 Provide forum/conference dissemination

during the forum,

small market with EASPD brochures, information and

IBB2 project leaf-let


lish and personal

communication


service provider organi-

sations, local authorities

EASPD - Brus-

sels, Belgium

05/05/11 Seminar: "Challenges and threats of

intra-job mobility for persons with

disability", organised by the Interest Group on Occupational Services of

EAPD

Plenary Debate IGOS leaflet (20 EN,

10 DE)


services provider or-

ganisations and mem-bers of which 10 are

members of the EASPD

Interest Group on Occu-pational Services , 2 civil

servants of the EC

(speakers)

Further develop-

ment of the intra-

job mobility con-cept

EASPD - Linz,

Austria

30/06 -

1/07/2011

conference: “Old-so what? Independ-

ent Living for Seniors with Disabilities

PR market place

for promotion of activities such as

the IGOS project, and oral explana-

tion




tives of civil society, policy makers, NGOs,


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ber

Feedback & Fol-

low-up

Unapei - France 29-30 Janu-

ary 2010

Seminar of Unapei board members

and presidents of regional associa-

tions

Presentation Unapei Board Members

and Heads of regional

associatons. 60 persons

Awareness of the

European dimen-

sion of sheltered occupational ser-

vices

Unapei - France January 2010 Article in Unapei magazine "Vivre

Ensemble"

Article Families, policy makers

and other stakeholders. 65 000 copies

Awareness of the

European dimen-sion of sheltered occupational ser-

vices. Information about the Leonardo

da Vinci Pro-

gramme

Unapei - France 16 Septem-

ber 2010

Debate between IGOS partners and

French umbrella organisations repre-senting the sector of adapted firms (UNEA) and sheltered workshops

(ANDICAT)

Discussion IGOS partners. French

umbrella organisations representing the sector

of adapted firms and

sheltered workshops. 15 persons

Awareness of the


vices

Unapei - France 17 March

2011

Unapei standing committee on

work/employment issues

Presentation Unapei Board Members,

directors of local ser-

vices (sheltered occupa-tional services, sup-

Awareness of the

European dimen-



-179-

ported employment

services, …). 20 persons

vices


ber

Feedback & Fol-

low-up

Unapei - France 30 March

2011

Standing Committee on Employment

of the French National Disability Council (CFHE)

Presentation Representatives of

French organisations representing persons

with disabilities and their families. 15 per-

sons

Awareness of the

European dimen-sion of sheltered

occupational ser-vices

Unapei - France June 2011 Unapei 2010 activity report Information Unapei members (600

associations, 3000 ser-

vices, 60 000 families)

Awareness of the

European dimen-


vices

Unapei - France June 2011 Article in Unapei magazine "Vivre

Ensemble"

Article Families, policy makers


Awareness of the


vices and of the polotical debate

around it, including

the new EU Disabil-ity Strategy 2010-

2020


-180-


ber

Feedback & Fol-

low-up

Unapei - France August 2009

- July 2011

Regular information at Unapei board

meetings

Information Results of compara-

tive analysis and

final recommenda-tions

Unapei Board Members.

36 persons

Awareness of the

European dimen-


vices

Unapei - France On-going

(publication in Septem-

ber)

Article in Unapei magazine "Vivre

Ensemble"

Article Results of compara-

tive analysis and final recommenda-

tions

Families, policy makers


Unapei - France On-going Dissemination of the project results Information,

presentations,

articles, etc.

Results of compara-

tive analysis and

final recommenda-tions

Unapei Board Members,

Unapei member organi-

sations, policy-makers, and other stakeholders

BAG:WfbM -

Germany

02nd No-

vember 2011

General Assembly: Landesarbeitsge-

meinschaft: Werkstätten für behinder-

te Menschen in Sachsen (LAG:WfbM)

Presentation ppt-presentation Member representatives

of the LAG:WfbM

BAG:WfbM -

Germany

12th March

2010

Workshop:Fair 2010, Guest of

honor:Switzerland, Forum Europe

Plenary Debate Introduction on

adapted settings, Introduction on a first draft of the

Disability Strategy

60 workshop:fair visi-

tors and stakeholders (head of unit: Johan ten

Geuzendam)


-181-

of the European

Commission


ber

Feedback & Fol-

low-up

BAG:WfbM -

Germany

18th March

2011

Workshop:Fair 2011, Guest of hon-

our:Croatia, Forum Europe

Plenary Debate Introduction on

adapted settings

60 workshop:fair visi-

tors and stakeholders

BAG:WfbM -

Germany

21st April

2010

Workshop visit Visit to gain an

insight look into adapted rehabili-

tation

Workshop site visit Five Members of the EP

(Disability Intergroup)

Regular Contact by

e-Mail, regular par-ticipation in ses-

sions of the disabil-ity intergroup

BAG:WfbM -

Germany

ON-GOING Articles/contributions to the maga-

zine "Werkstatt:Dialog"

Written Articles Membership and

interested stake-

holders

Membership

BAG:WfbM -

Germany

ON-GOING Articles/contributions to our website Written Articles Membership Membership

ICR-Greece Winter 2010-

11

Email Extracts of the

document

150 MPs 1 MEP

ICR-Greece 28/06/11 TV Show Riziki Matia Presentation on

TV

TV Show online at:

www.egnatia.tv


in Greece


-182-


ber

Feedback & Fol-

low-up

ICR-Greece 'July 2011 IGOS Quality Worksettings for all Article in the E-

Magazine

Article with the

Recommendations

2000 recipients (Persons

with disabilities, Volun-

teers, scientists, authori-ties, Mos)

ICR-Greece 'September

2011

TV Show Riziki Matia Presentation on

TV

TV Show online at:

www.egnatia.tv


in Greece

ICR-Greece 25-29 No-

vember 2011

Money Show 2011 Presentation of

the project

Leaflets Employers, policy mak-

ers, politicians, members

of NGOs

ICR-Greece 'July 2011 Website Presentation of

the recommenda-tions

Members of ICR

COPE Founda-

tion

Ireland 02/12/2009 Project Overview Article Staff Dissemination COPE Staff

Continuous Brief-ings

COPE Founda-

tion

Ireland 08/02/2010 Project Overview Internet Access COPENET All Relevant Day Centers Regular Briefings


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ber

Feedback & Fol-

low-up

COPE Founda-

tion

Ireland 26/04/2010 Project report

Information brief-

ing

Research Commit-

tee Board of Directors

Regular Project up-

dates

COPE Founda-

tion

Ireland 06/09/2010 Project Promotion Distribution IGOS Brochures Relevant Stakeholders

Continuous stock-

ing

COPE Founda-

tion

Ireland 28/02/2011 Authority Briefings

Telephone Con-

tacts Networking Relevant Authorities

Project aims & Ob-

jectives

COPE Founda-

tion

Ireland

July/December 2011

Formal Projects Results & Products Dissemination Projects results All Relevant Stake-holders

Formal/informal briefings

Scuola Viva

Onlus, Italy

Finland

June 3-4,

2010

EASPD-FAIDD-NORDEN Conference

"What about me? Including the most

excluded"

Communication IGOS leaflet and

personal communi-

cation

SCEm Meeting


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ber

Feedback & Fol-

low-up

Scuola Viva

Onlus, Italy

Macedonia

October 7-8,

2010

EASPD-PORAKA Conference "Towards

Community Living"

Communication IGOS leaflet and

personal communi-cation

SCEm Meeting

Scuola Viva Onlus, Italy

Belgium

October 13,

2010

High Level Group on Disability of the

European Commission

Communication Introduction of the

Project

Member States Repre-

sentatives and Represen-tatives of Civil Society


Italy

October 20-

22, 2010

IASSID-Europe Conference "Integrat-

ing Biomedical and Psycho-Social-Educational Perspectives"

Communication IGOS leaflet in the

conference pack

800 Delegates to the

Conference

Scuola Viva

Onlus, Italy

Belgium

December 2,

2010

European Day of Persons with Dis-

abilities

Plenary Commu-

nication

IGOS leaflet Delegates to the Euro-

pean Commission Con-ference

Scuola Viva

Onlus, Italy

Italy

March 10,

2011

Social activities in the XII Municipality

of Rome

Plenary Commu-

nication

Presentation Plenary Communication


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ber

Feedback & Fol-

low-up

Scuola Viva

Onlus, Italy

Italy

April 28-30,

2011

SIRM Conference "Le fasi di transizi-

one nella Disabilità Intellettiva"

Plenary Commu-

nication

PPT-Presentation Delegates to the Confer-

ence


Austria

June 30 – July

1, 2011

Conference: “Old-so what? Independ-

ent Living for Seniors with Disabilities

PR market place

for promotion of activities such as

the IGOS project, and oral explana-

tion




tives of civil society, policy makers, NGOs,

PWD, Families

Scuola Viva

Onlus, Italy

Italy

July 2011 AIPD (Italian Ass. of Down Sy) Board

meeting

Presentation Communication Board members, Stake-

holders and Families of AIPD Rome

Scuola Viva

Onlus, Italy

ON-GOING Articles/contributions to the IGOS

website

Written Articles -

Translation in

Italian

Membership Membership


-186-


ber

Feedback & Fol-

low-up

Scuola Viva

Onlus, Italy


and recommendations

Communication PPT-presentation,

leaflet

Employees of "Scuola

Viva", stakeholders in

the field of disabilities, companies, Families

Scuola Viva

Onlus, Italy

ON-GOING Articles/contributions to the home-

page www.igosproject.eu

Written Articles Communication For All

Vαrios, Coope-

rativa de Soli-

dariedade So-

cial CRL - POR-

TUGAL

March 31,

2011

Project dissemination for INR (Reha-

bilitation National Institute)

Written Informa-

tion

leaflet INR (Rehabilitation Na-

tional Institute)

Vαrios, Coope-

rativa de Soli-

dariedade So-

cial CRL - POR-

TUGAL

September,

2011

Vαrios 10th Aniversary Written Informa-

tion

leaflet Public


-187-


ber

Feedback & Fol-

low-up

Vαrios, Coope-

rativa de Soli-

dariedade So-

cial CRL - POR-

TUGAL

ON-GOING Tondela's Council Social Framework

Meetings

Presentation;

written informa-

tion

leaflet Tondela's council Or-

ganisations

Vαrios, Coope-

rativa de Soli-

dariedade So-

cial CRL - POR-

TUGAL

ON-GOING Vαrios website: www.varios.pt Presentations leaflet Public

Vαrios, Coope-

rativa de Soli-

dariedade So-

cial CRL - POR-

TUGAL


and recomendations

Presentations project results Vαrios Employees, civil

servants, stakeholders in the field of disability,

companies

6 Work Plan 5:

Summary of Findings

The comparison of systems and practices that enable persons with a disability to be actively involved in working life presents a broad variety of diverse structures in Europe or at least in the partner association’s countries. Similar words and terminology are commonly used, but often describe differences in context. In particular where the word ‘disability’ is used, differ-ent definitions based on different philosophies attempt to compare the reality in the different partnership countries. The meaning of the word “disability” is a particular example such as the meaning of the term: “sheltered occupational services”. In some countries, employees with a disability work within these structures, but certainly not with a multiple and/or severe de-gree or level of disability. In other countries a special legal status has been introduced to sup-port persons who due to their disability are unable to work in the open labor market. They require support which employers are unable to finance nor facilitate in their working envi-

ronments.

The project “IGOS” – Quality Work Settings for All, deals with these phenomena in eight se-lected European Union member states: Austria, Belgium (Flanders), Germany, Greece, France, Ireland, Italy and Portugal. Service providers for persons with disabilities in these countries and affiliated to the European Association of Service Providers for Persons with a Disability (EASPD), collected information about the history of sheltered occupational services in their individual countries. The historical development of services accounted for, commenced for some partners prior too, and for other partners, after the Second World War with societal re-construction on the continent and the impact and implications on social services for persons with disabilities. Many of these services were organised based on institutionalised care and welfare, and mainly run on a charitable voluntary basis. Currently, services are considered to be more professional and offering a broad and diverse range of services operating from both within and outside of institutions, sheltered environments and other alternate integrated sys-tems and programs. Today, the concept of sheltered occupational services is considered in a more significant context than the actual location or environment in which these services are

offered.

In all partner countries sheltered occupational services are implemented in order to facilitate the participation of persons with a disability into societal life. A common feature is that due to different degrees and types of disability, employment in the open labor market is unfortu-nately not possible for all persons with disabilities! Parallel structures are still necessary to include everybody who are willing and/or able to work, but in need of adapted supportive schemes. Sheltered/Adapted employment in these member states is diversely organised. This


-189-

is due to a range of different approaches, cultures, traditions and the particular historical de-velopment of services in each country. The intensity and range of support depends on the

type and degree of the individual disability.

The classification of the status of a disability varies from country to country. Different systems exist in the member states to justify specific support measures, some of them very highly fragmented. In nearly all partner countries relevant data on the situation and status of per-sons with a disability is either not obtainable, or at least difficult to access. In the interest of a better comparison on a European Union scale, it is necessary to develop and implement im-

proved systems.

Some partner countries implemented or introduced legislation with a special labor status for persons with a disability working in workshops. Others acknowledge or recognise them as normal employees with a guaranteed minimum income. The comparison of the underlying legal framework in terms of services and in terms of the legal status of a person using these services for all partner countries was difficult to make. In some countries services are ten-dered for a shorter period of time whereas in other countries services are founded on a stronger legal basis. Besides, there are many other different Laws, Decrees or Acts in all part-ner countries that are linked to services for persons with disabilities or influence these ser-vices (social security, wages, inclusion/integration into society, anti-discrimination and quota systems for the employment of persons with disabilities).

In most partner countries, public funding is a key component of the financing systems, whether it comes from the central budget or from local/regional authorities. One exception is Italy, where there is no systematic public funding. Figures and/or data concerning the annual amount of public funding are not available for all countries. Where available, these figures are quite substantial.

Commercial revenue, resulting from the activities of adapted work settings, is also quite common. This commercial revenue tends to be more developed and more important for set-tings such as companies for supported employment than for sheltered workshops. In some countries, the commercial revenue is restricted by law because of the not-for-profit nature of the service provider (e.g. in Austria it cannot exceeds 10% of the budget of the service pro-vider). Besides, funding can also originate, depending on the countries, from a number of

other sources: European Social Fund, lotteries, pension funds, donations, etc.

In summary, sheltered occupational service provision in most partner countries can be cate-gorized as being a combination of both private and public sector in status, though this may differ in terms of degree and/or service type throughout the partner countries. Generally these services are delivered through a diverse range of organizations such as local or regional


-190-

authorities, specialist provider organisations, associations, bodies and voluntary organiza-

tions.

Also common, is the fact that all support schemes in workshops are person-centered, indi-vidually tailored to the needs of the disabled persons in the centers. The support in the field of

work is generally focused on ongoing support in terms of personal, social and work skills.

The range of additional supports to further develop personal and social skills is widely shared

and accepted as well:

Interpersonal: inclusion in society, group activities like going on excursion, training to use

public transport, creating a specific plan for individual development;

Social & Cultural: health and wellbeing, sports, music, arts and creativity, personal and social

development, maximising independence, education;

Other: training for self-advocacy, services for persons with high dependency needs, services

for elderly persons with disabilities, mobility services.

Complementary to these support systems organised inside workshop structures are, oppor-tunities for transition into working environments outside of these facilities, and which are an integral part of individual development plans in all partnership countries. Special programs to promote intra–job mobility towards the open labor market, with a broad range of vocational training and qualifications are offered by all project partners. The quality of all services deliv-ered is monitored and in nearly all partnership countries certain standards have to be

achieved by service providers for persons with disabilities.

The remuneration for workshop employees with a legal status similar to that of an employee or with the status of a service user is mainly composed of a payment and a disability allow-ance. Where workshop employees, like in Flanders (Belgium) are considered employees with a labor contract, the respective regional or national labor code applies. In order to assure ade-quate living standards in most of the partnership countries a minimum wage is paid by the employers.

The final report of this Partnership Project contains specific recommendations based on the comparative reports of all partner countries. They are directed towards raising awareness among political decision makers in favor of more proactive European social policies which promote and facilitate a more inclusive common welfare society.


-191-

7 Work Plan 6:

Partnership Recommendations

The IGOS partnership recommendations are intrinsically linked to the project’s stated aim:

The development of shared and common frameworks and tools to enhance the future of indi-viduals with disabilities, in order to improve their competitiveness and skills, and to increase their knowledge and competencies for transition and entry to the labour market.

These recommendations are based specifically on the results and findings of the project. They are focussed on informing and raising awareness among all disability sector stakeholders on matters and issues which influence and impact on the future of sheltered occupational ser-

vices for Persons with disabilities.

Within the European Union Member States there is a need for:

1. A greater understanding within authorities at all levels of what constitutes Shel-

tered Occupational Services and their service users, and of the respective legal

framework existing within each Member State.

2. Work in Sheltered Occupational Services to be valued equally as employment in

the open labour market.

3. National definitions of disability to be reviewed by the EU Fundamental Rights

Agency, in order to ensure that persons with disabilities are not hindered from

having access to work.

4. Data on employment of persons with disabilities in Sheltered Occupational Ser-

vices to be further developed by EUROSTAT.

5. National statistics to be further developed in co-operation with EUROSTAT in or-

der to make data available and comparable.


-192-

6. Stringent implementation of effective employment quota systems for persons

with disabilities where applicable.

7. A harmonization of employment quota systems to promote equal rights across

the EU.

8. Further development and exchange of good practices and expertise amongst all

stakeholders on Sheltered Occupational Services.

9. Guidelines that include sustainable funding of Sheltered Occupational Services.

10. Sheltered Occupational Services to be safeguarded against differential public

procurement competition and practices.

11. A harmonization of allowances/benefits for persons with disabilities in order to

ensure at least an adequate income for all persons with disabilities.

12. The quality of Sheltered Occupational Services to be bench marked.

13. Stakeholders to have a greater understanding of training and transition pro-

grammes to the open labour market for persons with disabilities.

14. Data on the outcomes of transition to work programmes, including quality of life

aspects.


-193-

15. The possibility for persons with disabilities to return to Sheltered Occupational

Services if needed (intra-job mobility).

16. Further development of person-centred transition to work programmes.

17. A sharing of management competencies and expertise between Sheltered Occu-

pational Services and the Open Labour Market.


-194-

PARTNERS:

• BAG:WfbM, Germany

• European Association of Service Providers of Persons with Disabilities (EASPD),

Belgium (Flanders)

• Institute for Community Rehabilitation (ICR), Greece

• Jugend am Werk, Austria

• Scuola Viva Onlus, Italy

• Unapei, France

• Varios Cooperativa de Solidariedad, Portugal

ASSOCIATE PARTNER:

• COPE Foundation, Ireland

July, 2011

Website: www.igosproject.eu

igos partnership project - unapei partnership project “quality work settings for all” project...

Documents