MINISTERUL MUNCII, FAMILIEI ŞI PROTECŢIEI SOCIALE
AUTORITATEA NAŢIONALĂ PENTRU PERSOANELE CU HANDICAP /
Proiectul de înfrăţire instituţională
«Sprijin pentru încadrarea în muncă a persoanelor cu dizabilităţi» / /
GUIDELINES ON
THE REASONABLE ACCOMMODATION AT THE WORKPLACE
WITH A VIEW TO FACILITATING THE PROFESSIONAL INTEGRATION OF DISABLED PERSONS
Improvements introduced by Law no. 448/2006 on the protection and promotion of the rights of disabled persons
and
Perspectives of “the right to reasonable accommodation” as established by
Council Directive 2000/78
establishing a general framework for equal treatment in employment and occupation
„Linii Directoare” is the translation of the English expression
„Guidelines” or the French expression „Lignes directrices”
INTRODUCTION
1. Mandate
These guidelines are the outcome of a European Twinning Light Project “with a view to facilitating the integration of disabled persons by ensuring reasonable accommodation at the workplace” (excerpt from the Twinning Light Contract RO 2007/IB/OT-02TL).
This new concept of reasonable accommodation, introduced by the European Council Directive 2000/78, „shall align the needs of the disabled persons with those of the employers with a view to ensuring equal opportunities for the disabled people who are in search of a job” (excerpt from the Twinning Light Contract RO 2007/IB/OT-02TL).
These “Guidelines” include “analyses, patterns and good practices of reasonable accommodation” and propose “methods and procedures as standards for the accommodation of workplaces to the benefit of people with disabilities”. They form a “basis for the development of integrated strategies and regulations to be applied by the employers, at the national level” (excerpt from the Twinning Light Contract RO 2007/IB/OT-02TL)
They were drawn up and compiled by a team of French experts in cooperation with the National Authority for People with Disabilities, the National Employment Agency and the Ministry of Labour, Family and Social Protection in Romania.
2. Background
For many years, international organizations such as the United Nations, the International Labour Organization, the World Health Organization, the World Bank, the Organization for Economic Cooperation and Development, together with the European Union Member States, including Romania, have conducted research, evaluated policies, expressed recommendations and issued standards on the situation of people with disabilities.
Overall, Romania was made aware of the results of these researches, assimilated the lessons resulting from evaluations, followed these recommendations and applied the prescribed standards. Based on the activity of the international organizations, the European Union (EU), which is the regional body, supports the progress achieved in improving the situation of people with disabilities, through its own researches, evaluations, recommendations and standards (Guidelines and Regulations).
More precisely, this new consensus recommends that:
a) only persons with severe disabilities, related mainly to mental diseases, shall be supported in a family environment, specialized agency or adapted workplace, a workshop.
On the contrary, all employment opportunities (identified, assessed and developed during initial and vocational training) should find an answer in terms of employment within the normal structures of the labour market (enterprises or liberal professions), subject to ensuring strict compliance with equal treatment and non-discrimination.
b) consequently, the main priority of the public policies in relation to disabled persons (education, vocational training, transport and traffic, constructions etc.) should aim decisively at their access to and retention in the market economy and on the labour market.
With its development, the EU and international organizations had to consider the fact that the improvement of the situation of disabled persons or those who become disabled is related, for many, to their access to the labour market.
“Approximately one of six persons of Europe’s population capable to work declared they were suffering from a long-term health condition or disability.
As a general rule, the Europeans with disabilities find it harder to get a job than the majority of the other people. In fact, the employment rate of people with disabilities within the EU is approximately 50%, compared to 68% for the rest of the population.
Even disabled people with high standards of education have fewer chances to be employed in major hierarchical positions (48%) compared to their counterparts without disabilities (85%).
These main figures indicate the fact that people with disabilities are more predisposed to being socially and economically excluded than other groups.
Europe, overall, cannot afford to let this inequality continue: the society is aging, and a decrease in the number of economically active persons is foreseen for the following years. Consequently, it is critical for Europe’s future prosperity to guarantee the fact that anyone who wants to work will benefit from equal opportunities in terms of access to the labour market.” (excerpt from the Twinning Light Contract RO 2007/IB/OT-02TL)
The improvement of life and occupation for the people with disabilities and elderly persons presents convergence points. These are strong incentives for research and innovation in the social field (services to the benefit of the people), healthcare (diseases of unknown aetiology etc.) or technological field (robotics, informatics etc.).
The EU considers that people with disabilities should enjoy the same rights as all European citizens so as to be able to fully participate in the society. This includes, of course, the right to work.
The EU strategy for growth and jobs aims to increase the employment rate of people with disabilities. This aspect is also addressed by the European Employment Strategy, which requires the Member States to combat discrimination and help disabled persons, both on the labour market and at the workplace.
In addition, the European Disability Strategy (2003-2010) encourages full and active integration of people with disabilities in the society. The biannual disability action plan (DAP) occupies a central place within the strategy and sets out a number of measures helping to address the issues related to workplaces and employment.
The present DAP 2008-2009 indicates that “a detailed approach is required to increase the employment rate of disabled persons”.
The European Commission considers that the social inclusion and the social protection systems may be adapted with a view to increasing employment perspectives of people with disabilities. To succeed in that, an individual approach is required, with services matching individual needs.
Flexible working setups, life-long learning strategies, provision of personal assistance and certain accommodations at the workplace are equally necessary to help disabled persons find and maintain a job.
Furthermore, the Commission also wants that the employment service providers and the employers collaborate with a view to designing the vocational training programme and rehabilitation services to meet the needs of disabled persons.
Eventually, granting a more consistent aid to youngsters with disabilities, so that they may handle more easily the transition from education to employment, should be a key priority in the future.
The Council Directive 2000/78/EC assigns the Member States the task to support the Disability Action Plan (DAP) by developing policies and initiatives to help disabled persons penetrate and prosper in the working life. More precisely, the introduction of the “reasonable accommodation” concept means that employers are required to adapt the workplace to the needs of disabled persons, to the extent of their possibilities.
The directive highlights the fact that measures should be taken to eliminate the disadvantages that may tolerate discrimination at the workplace, thus increasing the access of disabled people on the labour market.
Equally, the “Integrated Guidelines for Growth and Jobs”, “which ensure non-discriminatory labour markets for job-seekers and disadvantaged persons”, are relevant in this attempt, as they address possibly the most vulnerable issue in the disability sector at the moment.
3. Plan
Law no. 448/2006 on the protection and promotion of the rights of disabled persons is part of this strategy and represented the opportunity to include the provisions of the Council Directive 2000/78/EC in the national laws, an obligation which the majority of the European States is already enforcing.
In practice, in addition to its 100 articles, the Law of 2006 (and the Implementation Regulations no. 268 of 14 March 2007) aims to achieve the following two objectives:
a) before everything, to advance the administrative legislation and practice, by further depending on the State and national administrative practices, their assessment, the lessons learned from the researches in Social Sciences, ergonomics, health, the contributions of the civil society and the NGOs in particular.
Taking into account:
-firstly, the acknowledgement of the quality of disabled persons, their rights, the evolution and settlement of divergences in their evaluation, the conditions and procedures of reception in protected units, access methods and labour conditions in enterprises,
-secondly, the obligations of the enterprises with over 50 employees to allocate 4% of the number of jobs for disabled employees or to transfer on a monthly basis to the state budget 50% of the average salary per economy at the national level multiplied with the number of disabled employees that it was obliged to hire or the exemption upon the purchase of goods and services coming from a protected unit.
-thirdly, the responsibilities of the public or associative operators with regard to the necessary coordination of their actions with a view to ensuring effective implementation of the rights and obligations of disabled employees and of the employers.
b) transposition in the Romanian legislation of the provisions of Directive 2000/78/EC in relation to disabled persons, which establishes ”a general framework for equal treatment in employment and occupation”.
Taking into account:
-the establishment of the right to “reasonable accommodation” and the rights arising from it
-the guarantee of accessibility to legal, administrative and counselling procedures for people with disabilities and the associations presenting a legitimate interest.
-the establishment of rules on the burden of proof, either by reversing it and transferring it in tort of the party charged, denounced by the victim whose rights to reasonable accommodation have allegedly been violated, or referral to a relevant court of law or body for the investigation of the case facts.
These first objectives of Law no. 448/2006 on the protection and promotion of the rights of disabled persons – the new provisions regarding the disabled persons and the employers – are based on precise data, established and – hopefully well known procedures and on very well identified operators, as it must be mentioned.
The last one, however – the right to reasonable accommodation – is a new concept which requires that “guidelines” shall be drawn up in view of the implementation.
I. IMPROVEMENTS INTRODUCED BY LAW NO. 448/2006
ON THE PROTECTION AND PROMOTION OF THE RIGHTS OF DISABLED PERSONS
1. DISABLED PERSONS OR EMPLOYEES
1.1 Whom shall I approach if I want to get a job?
A person can obtain information about employment opportunities, documents or forms from several sources, such as:
•the National Employment Agency (NEA), through its territorial structures (42 county employment agencies and of the Municipality of Bucharest) provides all job-seekers with information, counselling and vocational orientation services, vocational training, mediation, consultancy and assistance to start an independent activity or a business, free of charge.
20 vocational counselling centres have been established for people with disabilities within the employment agencies in the following counties: Arges, Bacau, Bihor, Brasov, Bucharest, Caras-Severin, Cluj, Constanta, Galati, Giurgiu, Iasi, Maramures, Mehedinti, Neamt, Olt, Prahova, Sibiu, Timis, Valcea, Vrancea, where one can benefit from specialized services addressing the needs of disabled persons (including in sign language).
You can find details about these centres and the services provided by entering the website
The first step you need to take when you want to get a job is to register as a job-seeker in the database of the county employment agency or of the Municipality of Bucharest where you have your place of domicile or residence.
•the Directorate General of Social Assistance and Child Protection (DGSACP) at the level of each county or district of the Municipality of Bucharest may provide information on the social rights and facilities.
•non-governmental organizations; a series of addresses are posted on the website of NAPD, section NGO/useful contacts.
1.2 What are my rights and benefits, as a disabled person, if I get a job?
People with disabilities have the right to be provided with all the conditions so as to be able choose and exercise their profession, trade or occupation, to be offered and retain a job and to advance professionally.
Law no. 448/2006 on the protection and promotion of the rights of disabled persons establishes the reference framework in the field.
As a disabled person, you are entitled to social benefits, facilities, social services, such as:
•monthly allowance, differentiated in terms of value for persons with a severe or aggravated disability;
•complementary personal budget, differentiated in terms of value for persons with a severe, aggravated or medium disability.
We indicate that:
If you get a job, these amounts are added to the salary incomes!
In addition, the employees with a severe or aggravated disability shall be exempted from paying the salary income tax and the salary indemnities.
•free urban transportation with ground and underground transportation means (for persons with severe or aggravated disability);
•payment from the state budget, through the budget of the National Authority for People with Disabilities (NAPD), of the interest on a loan for the purchase of one vehicle and accommodation of one place of living to individual access needs, subject to payment of loan instalments in due time (for persons with severe or aggravated disability);
In the event that the person with a severe disability is entitled to a personal assistant, this right shall be maintained during the employment period.
If you are a disabled person in search of a job or employed, you shall benefit from the following rights:
•vocational trainings;
•reasonable accommodation at the workplace;
•counselling prior and during the employment period, as well as during the trial period, from a counsellor specialized in labour mediation;
•paid trial period upon employment, of at least 45 working days;
•paid prior notice, of minimum 30 working days, granted upon termination of the individual labour agreement at the employer’s initiative for reasons non attributable to him;
•the possibility to work for less than 8 hours a day, under the law, in case there is a recommendation of the evaluation commission in regard hereof;
•exemption from the payment of the salary tax, for persons with severe or aggravated disability;
•in case of home working, free transportation, paid by the employer, to and from the place of domicile, for the person, raw materials or materials necessary for the activity, as well as for the finished products made.
1.3 What accommodations am I entitled to as a disabled person?
Law no. 448/2006 on the protection and promotion of the rights of disabled persons includes an entire chapter about accessibility.
With a view to ensuring the access of disabled people to the physical, informational and communicational environment, the law sets out that the public authorities have the obligation to take specific measures, among which:
•building accommodation - ramps, support rails for inside movement, adapted rest rooms and others;
•accommodation of passenger transportation means in traffic;
•accommodation of the stops for passenger transportation means, including by marking the access areas to the entrance door of the transportation means, through tactile paving;
•accommodation of pedestrian crossings on public streets and roads, including by marking through tactile paving;
•issuance of an identification card for free parking spaces, upon request;
•instalment of sound and visual signage at heavy traffic crossings;
•availability of personal internet websites;
•use of pictograms in all public services;
•accommodation of telephones with telefax and teletext for persons with hearing impairments.
You have the right to reasonable accommodation at the workplace, which shall be made by the employer. This accommodation consists of all the modifications undertaken to facilitate the exercise of the right to work of the disabled person and refers to the modification of the work schedule, purchase of assistive equipment, devices and technologies which result in increasing the performance at the workplace, to cover his/her special needs.
1.4 How can family support a disabled person in search of a job?
Family is the first and closest support for the disabled persons, in their effort to find a job or income source.
Family can:
•help with the required travels;
•offer emotional support and encouragements in all activities, with a view to developing self-confidence in the disabled person.
2. JOB SEARCH METHODS
Elements: Letter of Intent, CV and Interview
2.1 Letter of Intent
Occupation and employment are increasingly dependant on the presentation of a CURRICULUM VITAE (CV) by the candidate.
This instrument is in fact an annex of a letter known under several names: presentation, introduction or intent letter, which announces in fact the existence of the CV.
This letter is personalized, although not customized or with a standard structure. It presents only that information with a more general character about the person, which is in agreement with the job requirements. For each CV you want to send, you must write a letter of intent.
Given that employers usually read all the letters of intent, but not all the CVs as well, the information in the letter should be formulated in a direct and personal style and as attractive as possible so as to produce a strong impression, stimulating the interest to learn more details about you from the CV content.
Even though it is not standardized, any letter of intent, regardless of whom and how it is drawn up, should answer 4 questions in particular:
1. How did I hear about you?
Explain the reason for sending the letter, indicating the position or field targeted and where you have heard about the vacancy or about the employer.
Examples:
-“With regard to your advertisement in the newspaper…appeared on … where you offer a vacancy for the position of…”
-“I am writing as I have heard from … that you have a vacancy for the position of… ”