Law for changes and amendment of the Law for employment of disabled persons

On 12 th of March 2004, the Parliament of Republic of Macedonia passed the Law for changes and amendment of the Law for employment of disabled persons ( Official Gazette of RM 16/2004 )

The reason for passing the Law for changes and amendment of the Law for Employment of disabled persons are the noted undefined matters of the existing Law and the enormous abuses of the disabled persons.

In 2000, the Parliament of R.Macedonia passed the Law for employment of disabled persons (“Official Gazette of Republic of Macedonia” No. 44/2000). This Law arranges the status of the trade associations for employing persons with disabilities, the concept was defined, the determination of the type and level of disability of persons with disabilities, the issues regarding tax releases, contributions and other taxes were regulated, as well as equalization of the rights for employing persons with disability regardless whether they are working in sheltered association or not.

Following the application of the law and realization of the rights for the persons with disability, as well as the initiatives by the Union of Invalid Organizations in Macedonia , which represents persons with disability, the Parliament noted that there are certain not defined matters which need changes and amendments of the existing text in the law.

The changes and amendments that were proposed and then included in the law are in function of better protection for persons with disability and elimination of the possibility for eventual abuses.

The changes refer to precise stating of the body, which determines disability in cases when it is not stated. Further more, the employer is obligated to provide adequate documentation that the working premises and equipment fulfill the regulated measures for performing the corresponding work. The procedure for vocational training of person with disability for practical work in order to perform certain activities according the needs of the employer is concretized. Offering special amount of sources stimulates the employment of persons with profound disability. Further more, the amounts for sources from the Special Fund for all aims are limited and an obligation for the employers is introduced for their mandatory participation with their own sources. Measures for protection and penalties are foreseen in order to prevent eventual abuses.

The passed Law for changes and amendment of the Law for employment of disabled persons also represents returned response on the initiatives of the Non-Governmental Sector regarding the realization of the right to employment of persons with disability.

Finding out about abuses of different type, directly from its membership, the Republic Center for Support of Persons with Intellectual Disability – PORAKA, permanently emphasized the abuses that employed persons with intellectual disability were facing, while their employers enjoyed the benefits that were provided by the law.

The same direction is contained in the Declaration, which was adopted on the Conference “Equal Rights – Equal Opportunities”, organized by PORAKA within 2003 – The European Year of Persons with Disability. It states:

“The right of a choice for employment of persons with intellectual disability should be equally supported by the state with a responsibility for provision of mechanism for monitoring and control of the relation of the employer towards the employees with intellectual disability.”

With hope that the passed changes will contribute towards decrease of discrimination and abuses of the persons with intellectual disability in this field, PORAKA calls everyone who is involved “to test their humanity” and to contribute in quality realization of one of the basic human rights – the right to employment.

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