Area: Delovno pravno
Competent authority: MDDSZ, MJU
EZU URL: .nan
Initiative ID: 1126
Initiative accepted and completed: '2021-04-06'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2021-03-25'
Initiative published: '2021-03-25'
Initiative submitted: '2021-03-24'
Response from the competent authority: 'Reply from the Ministry of Labour, Family,
  Social Affairs and Equal Opportunities:The petition refers to the Act on Employment
  Rehabilitation and Employment of Persons with Disabilities (hereafter: the Act on
  Employment Rehabilitation and Employment of Persons with Disabilities). While it
  is true that the Act does not state that persons with disabilities who want to build
  their careers in jobs that are predominantly publicly funded have fewer rights than
  they would have if they wanted to work in the economy, this is not the case. The
  CRPD provides for a wide range of measures to promote the employment of people with
  disabilities. Disabled people employed in the public sector are placed on a level
  playing field with disabled people employed in the economy. Employers who are direct
  or indirect budget users are not entitled to the pension and invalidity insurance
  contributions waived and to the bonus for exceeding the quota, because these employers
  have the means to pay the wages of their employees, including disabled people, from
  public funds (budget, ESF, etc.). However, double funding is prohibited. If a person
  with a disability who wishes to be employed or is employed by such an employer needs
  support services or workplace adaptations, the employer may apply for funding for
  support services and adaptations from the Public Scholarship, Development, Disability
  and Maintenance Fund of the Republic of Slovenia (hereinafter: the Fund). The legal
  entities referred to in the Act are obliged to implement the Public Procurement
  Act (hereinafter referred to as the "PPA"). Obliged entities under the PPL, which
  need products or services, may opt for a reserved procurement (limiting the bidders
  to disabled persons'' enterprises, employment centres, social enterprises), but
  expecting the same quality and delivery times as can be offered by other bidders.
  Usually, reserved procurement is used by persons subject to the quota system for
  the employment of disabled persons who do not themselves meet the quota and thus
  avoid paying a contribution to the Fund. Both direct and indirect budget users who
  do not meet the quota of persons with disabilities must pay a monthly contribution
  to the Fund of 70% of the minimum wage for each missing person with disabilities,
  as is the case for other employers. The Ministry of Labour, Family, Social Affairs
  and Equal Opportunities considers that the substitute quota is not used enough by
  those subject to the PPA (i.e. direct and indirect budget users), although the Minister
  encourages them to do so. We agree that employers who are direct or indirect budget
  users could provide a larger number of jobs for disabled people, but the employer
  has a choice which of the applicants to employ. All direct and indirect budget users
  are required to recruit new workers through public advertisements, i.e. at least
  through an advertisement on the Employment Service of the Republic of Slovenia.
  Reply from the Ministry of Public Administration:We note that the question relates
  to the implementation of the provisions of the Law on Employment Rehabilitation
  and Employment of Persons with Disabilities and that the Ministry responsible for
  giving an opinion on the implementation of the provisions of this Law (the Ministry
  of Labour, Family, Social Affairs and Equal Opportunities) has already provided
  a response.The Ministry of Public Administration, in its capacity as a competent
  authority, further clarifies the part of the letter expressing its opinion on the
  impact of the employment of persons with disabilities who are not employed full-time,
  but on a part-time basis, on the work collective. The Ministry of Public Administration
  is aware of the importance of the inclusion of persons with disabilities in the
  working process. In order to facilitate or promote the inclusion of persons with
  disabilities, in 2009 the Ministry of Public Administration amended the Rules on
  the content and procedures for the preparation and submission of staff establishment
  plans (Official Gazette of the Republic of Slovenia, No 60/06, 83/06, 70/07 and
  96/09) in such a way that permanent staff employed to fill the full-time part-time
  or part-time partly retired civil servant with a disability are not counted towards
  the establishment plan. This allows the employer to fill the part-time post of a
  disabled person up to full-time within the establishment plan. It should also be
  noted that the above-mentioned Regulation applies to the bodies of the state administration,
  judicial bodies and public law persons referred to in Article 22(2) of the Civil
  Servants Act, namely public agencies, public funds, the Health Insurance Institute
  of Slovenia, the Pension and Disability Insurance Institute of Slovenia, the Employment
  Institute of the Republic of Slovenia and the Education Institute of the Republic
  of Slovenia.'
Text file: 1126.txt
Title: Differentiating employers for employing people with disabilities
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=1126
