The legislation in force relating to compulsory recruitment of disabled workers is designed to facilitate their reintegration into working life.
- Decree-Law 546 of 23.12.93 (substituting Law 104 of 5.2.1992: Framework-Law on support, social integration and rights for the disabled).
3.6.1.3. Contents
Law 482/68 governs the compulsory recruitment by private firms and public administrations of military and civilian war invalids, members of the civil service who became invalids in pursuance of their duty, those disabled by industrial accidents, civilian invalids, the deaf and dumb, war orphans and war widows or surviving dependants of victims of accidents at work, people who once suffered from tuberculosis and refugees.
In particular, civilian invalids are those who suffer from physical infirmities which reduce their capacity for work by an amount not less than a third; however, this reduction must be more than 45% for them to be able to register on the lists kept by the provincial labour offices for compulsory recruitment.
Law 104 of 1992 also extends the provisions on compulsory recruitment to the disabled with mental deficiencies but whose capacity for work allows them to be hired for appropriate functions.
The Law does not apply to those who are older than 55 or to those who have lost all capacity for work or who, by the nature and the degree of their disability, could constitute a danger to the health and safety of their colleagues or to the safety of installations.
Navigating and travelling personnel no longer come under the Law, nor do official personnel in active service of companies supplying public transport services.
Public and private employers who employ more than 35 people (not including apprentices, personnel hired under a training-cum-work contract and management) must recruit 15% of their personnel from the above-mentioned categories.
According to Decree-Law 29/93, the public authorities are to present to the regional employment committees proposals or applications for recruitment programmes for the disabled offering training periods prior to commencing work with one of the public authorities. This training period must last at least six months and may last up to two years (Directive of the Chairperson of the Council of Ministers of 1.12.1993).
3.6.1.4. Financial resources
For those exceeding a certain degree of disability, social security benefits are provided which are paid out by the social security bodies and the state.
3.6.1.5. Institutional support
The placement of invalids is handled by the provincial labour offices based on a ranking and on criteria established by the provincial commission for compulsory placement. The labour offices establish separate lists for each category of disablement. Compulsory placement of the blind is directly handled by the Minister of Labour on a national level.
3.6.1.6. Duration
Ongoing
3.6.1.7. Effects
On 30.6.1996 the number of persons from the above categories employed in private and public sector firms amounted to 250,000. 230,000 persons in these categories were unemployed on this date.
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