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Jakarta, 15 to 17 January 2002 |
Interregional
Consultative Expert Meeting
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Jakarta, 15 to 17 January 2002 |
Interregional
Consultative Expert Meeting
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Search for the Universal Model of Employment for
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| Year | 1992 | 1993 | 1994 | 1995 | 1996 | 1997 | 1998 |
| Number of Labor Protected Business | 561 | 768 | 1,037 | 1,358 | 1,711 | 2,440 | 2,879 |
| Number of disabled | 80,721 | 89,752 | 90,353 | 105,071 | 138,000 | 163,381 | 174,000 |
Discussion: The number of labor-protected companies has increased five-fold from 1992 to 1998, and the number of disabled employees has more than doubled. The above table therefore shows a healthy, steady increase in growth of labor-protected businesses. The number of disabled people in employment also increasing steadily. From 1999 until present, the number of labor-protected companies reached 3,500 and employs over 200,000 disabled employees today. These figures are according to estimates of the Office of Plenipotentiary for Disabled People in Ministry of Labor and Social Policy. For comparison, in Japan in 1995 only 247,000 persons with disabilities where employed in sheltered employment. The population of Japan is 124 million. The population of Poland is over 39 million, with 105,071 disabled included in the labor market, in sheltered industries, in 1995. In Japan there are 54,500 companies which are legally required to employ people with disabilities. [15]
Any company having the status of a labor-protected company can benefit from the resources of the State Fund for Rehabilitation of Disabled People and assign them to the activities connected with supporting the pre-existing disabled people work places and creating new ones. This assistance may be granted in the following forms:
The State Fund of Rehabilitation for Disabled People has its own leasing company (Ron-Leasing) assisting firms in the acquisition of new machinery and equipment. The financial assistance from the State Fund of Rehabilitation for Disabled people can also be granted to entrepreneurs organizing new production of orthopedic aids, prostheses, and rehabilitation equipment or services.
All tax allowances granted to firms having the status of a protected labor company are guaranteed by the official acts of the Polish State. According to the act on the employment and vocational rehabilitation of disabled people, a protected labor company is exempt from taxation, including VAT [16] and non-tax budget liabilities, including payment to the National Labor Fund. Additionally, companies employing disabled people are exempt from land and fiscal charges. Any company exempt from taxation, pursuant to having the status of a protected labor company, pays 10% of the allowances granted, on the account of the State Fund of Rehabilitation for Disabled People. The remaining 90% goes to its funds for the rehabilitation of disabled people, created in this company. The employer, being in charge of these resources, allocates them to the financing of vocational, social, and medical rehabilitation of the disabled whom the company employs. He has also the right to allocate them, for example, to the activities connected with the improvement of work conditions, increasing the employment of disabled people, and modernization of work areas, including the purchase of new machinery and equipment.
Non-tax allowances also include complete or partial exemption from payments to the State Fund of Rehabilitation of Disabled People of firms co-operating (commerce, commissioning of services, etc.) with companies having the status of a labor-protected company.
In this part of my presentation I will discuss contemporary practices, and problems, in the current implementation of the quota-levy-incentive system in Poland. Consider that the problems are not available for public discussion, but are only documented in internal documents. The conclusions, however, for which only the author takes credit, are from considered judgments derived from many conversations held with officials of the Fund, as well as discussions with employers in labor-protected companies and interviews with disabled workers. These conclusions are also drawn from the personal experiences of four years employment at the Fund as the international specialist.
That Poland is proud of its records in employment of persons with disability is evident by a recent change in Poland's Constitution. As of late, a very important clause was added:
"The Government of Poland, shall provide help to all disabled citizens to secure existence, prepare for work and benefit from social communication."
Constitution of the Republic of Poland, Art. 69
April 6, 1997
The following statistics are derived from the Head Office of Statistics of the Government of Poland. In 1998, Poland contained, out of a total population of 38,650,000, 4,596,200 disabled persons of working age. [17] 897,800 of them are employed; 535,000 are employed in the agricultural sector (small individually owned farms), 112,100 are unemployed. 3,586,300 are not active in labor market because they are past the working age or are otherwise not employable. [18] In 1996, the total employment of the Polish labor market was 17,064,000. [19] The percentage of disabled persons in the labor force was 5.34%. Of this percentage, 31.4% possessed a moderate level of disability, 66.3 % possessed a light degree of disability, and 2.3% were of the considerable degree disability. In 1998, 10.2 % of Polish workers were unemployed; in that same year only 11.7% of disabled workers were unemployed. [20]
Table 2.
Number of disabled people applying first time for the disability pension
1991- 1998 [21]
1991 - 318,700
1992 - 243,100
1993 - 202,600
1994 - 206,400
1995 - 171,700
1996 - 152,600
1997 - 156,100
1998 - 143,200
Discussion: The above table shows that the number of disabled individuals who initially applied for a pension (for the first time) dropped more than half in 1998. This decrease shows that the Q-L-I system is working and that the disabled community is finding employment and preferring to work, instead of being reliant on the pension system. It also shows that the system is meeting the psychological needs of the disabled community.
On August 6, 1991, by decree of the Counsel of Ministers, the Plenipotentiary for Invalids Co-operatives and the Co-operative of the Blind was renamed the "Plenipotentiary for Disabled People." The responsibilities of this office include the following: creating strategies for employment policy; developing the concept of a labor market for disabled people; coordinating activities for social and professional conditions; solving problems for disabled people; analyzing, evaluating, and forecasting the social environment of disabled people; initiating employment opportunities for disabled people; analyzing and forecasting the needs of disabled people; supervising the programs; cooperating with NGOs, and upholding government policies. As a result of the Act of the May 9, 1991, the Plenipotentiary serves as the Chairman of the Board of Supervisors in the State Fund of Rehabilitation for Disabled People. The office of the Plenipotentiary grants and revokes the status of labor-protected company. The Polish Parliament of Disabled People, composed of 100 major NGO's, was created as an advising body to the Plenipotentiary. The Plenipotentiary for Disabled People was always a political appointment, and never the result of disabled person's activism.
NGO's in Poland play a vital intermediary role between disabled people and the institutions that serve them. More than 5,000 associations, unions, and foundations exist to help the disabled achieve a better way of life. On a national scale, however, approximately 10 NGO's are important in size and organization. [22] Most of these organizations have long national traditions and are well respected internationally. Despite their reputations at home and abroad, in most cases, these organizations suffer from a lack of funding. As such, between 1994 and 1996, the Fund provided more than $36 million to all NGO's. [23]
Polish trade unions are not involved much in the employment of disabled people on the central level; however, the National Commission of Solidarity has a section for disabled people. On the regional level, trade unions are more active in representing disabled people. Disabled people can sign up to be members of unions on an individual basis. There are no unions in private labor-protected businesses.
The Polish Organization of Employers of Disabled People was established in 1994, with over 600 labor-protected businesses. More than 60,000 people are employed in these businesses, and half of these are disabled. There are three other organizations of employers of the disabled, with fewer members: National Federation of Employers of Disabled People (120 employers), the National Economic Rehabilitation Chamber (350 employers) and finally, the National Audit Committee for Cooperatives of Disabled People and Cooperatives of the Blind People). The main purpose(s) of the Organization of Polish Employers of Disabled People include: (1) to represent the interests of its members and to promote the employment of disabled people; (2) to monitor compliance with principles of law and ethics related to the employment of disabled people; (3) and to cooperate with disabled people's organizations to develop opportunities for social and professional activities among members. [24] Presently, the Polish Organization of Employers of Disabled People has representatives serving on the Board of Supervisors at the Polish State Fund of Rehabilitation for Disabled People. It also participates in the implementation of state policy on disabled people's employment, as well as their proper living and working conditions. The Polish Organization of Employers of Disabled People became a member of the Polish Confederation of Employers. For the first time since the establishment of the Fund, one of the members of the Confederation serves on the Board of Supervisors. This appointment promises to be a great opportunity for employers paying levies to the Fund by promoting further employment of disabled people. Recently, this organization established an employment agency for disabled people and employers seeking disabled workers.
Ninety-eight percent of Poles are Roman Catholics, so the role of the Church is very significant. Besides its spiritual leadership, the Church provides material support for disabled people in the form of alms, clothes, and special rehabilitation camps. The leading religious organization is CARITAS, established in 1929.[25] In the 1980's, CARITAS played a major role as a charitable organization for the distribution of international donations. The Church has provided a great deal of help to the disabled community, but there have also been areas it still needs to address. For example, architectural barriers in churches, e.g. access to the sanctuary, often prevent disabled persons from being able to worship. These barriers exist even in newly constructed churches. Rather than addressing the issue, some of the religious organizations have asked for waivers from levies owed to the Fund. [26]
Before 1990, disabled people worked in cooperatives where mostly able-bodied managers were responsible for production and planning. In this system, the disabled were not able or allowed to develop their own organizations. Nowadays, disabled persons must work very hard to develop organizations that spread awareness and protection of their rights. Such representative organizations must exist if there is to be any dialogue with employers. At this point, there is no organization of disabled employees in Poland.
The Fund, although boasting successful outcomes in the employment of Polish persons with disabilities, does not function as efficiently of effectively as it could because of the nature of its structure, as well as its vulnerability to political differences. As an example, the procedure for employing high level officials in the Fund illustrates this complexity and vulnerability.
The President of the Governing Board, or the State Rehabilitation Fund for Disabled People, is chosen by the Minister of Labor and Social Policy from the recommendations of the Plenipotentiary for Disabled People. Then, in order to secure two Vice-Presidents to the Governing Board of the Fund, the President of the Board of the Fund recommends the selected persons to the Minister of Labor and Social Policy, who then appoints them to their positions. The Plenipotentiary, however, serves as the Chairman of the Board of Supervisors of the Fund, a higher oversight group that monitors the Fund as provided by the 1997 law. Thus, the Minister of Labor can only appoint, but not supervise, the Fund's governing body, and the President of the Fund does not have to depend on the Board of Supervisors for his stability or policy.
In 1998, for example, the Governing Board, after reviewing the Fund's activities for the first half of the year, requested the Minister of Labor to take disciplinary action against the fund President, charging gross mismanagement. The Minister refused to act assumedly because of political agreements.
On October 13, 1997, the Speaker of the Polish Parliament decided to qualify the position of the President of the Governing Board of the Fund to make it a part of the Polish Government's Administration. As a requirement to being part of the Polish Executive Level Administration, the Executive occupying the position cannot also be a Member of Parliament. Thus, Parliament recognized that the current position of President of the Board of the Fund was essentially a political position, and sought to make it more independent of politics and responsive to governmental oversight.
Since the establishment of the State Fund of Rehabilitation, the new system of employing disabled people has been close scrutinized by the mass media. The media portrays disabled people as defenseless because some journalists perceive the disabled this way. This is a sensitive subject, and it plays well to the public. Unfortunately, the management of the Fund and the Office of the Plenipotentiary for Disabled People failed to launch an awareness campaign for the media and the nation. Some of the mismanagement in the current system received disproportionate attention by the media at the expense of the successes and evident achievements of the system. The media did nothing to enhance awareness and popularize the new system of employment of disabled people. The media can play a vital role in raising the consciousness of the general public on issues pertaining to the disabled community, and in this case, there is a lot of vital work left to be done. A responsible media is almost essential.
On May 9, 1991, the Employment and Vocational Rehabilitation of Disabled Persons Act was passed into law. This statute had four main tenants: (1) regulating duties and rights of employers pertaining to the employment of disabled persons; (2) regulating labor exchange; (3) establishing the Plenipotentiary for Disabled Persons, and (4) setting up the State Fund for Rehabilitation of Disabled Persons. [27] The basic tenet of the Act is that at least six percent of employees in an enterprise should be disabled.
The primary target of this institution lies in supplementary financing of vocational, medical, and social rehabilitation from resources derived primarily from levies contributed by companies that are comprised of 25 full time equivalent employees, where fewer than 6% of those employees are disabled people. The resources thus gathered are allocated particularly as following:
This transitional period in support of the employment of disabled people was politically and economically motivated. The political and economic upheavals in Poland that occurred after the collapse of communism changed the system quite rapidly. The plight of disabled people in the labor market during this time was extremely difficult, as disabled people were losing jobs at an alarming rate. In 18 months, almost 100,000 disabled persons lost their jobs. As a result, the government decided to implement this new system almost immediately without any period of vacatio legis for the Act.
The office of the Fund was established on July 1, 1991, with less than 30 employees. Almost immediately, employers had to pay levies of 5 to 6 billion Polish Zlotys every month to the Fund. As a result of understaffing and an overall lack of training for new employees at the Fund, however, the Fund was not able to process this flood of levy payments effectively. This situation lasted for almost three years and created many problems, including corruption and mismanagement. There were no guidelines, systems, or structures in place on how to spend these huge amounts of money. For example, in 1992, the Fund put its unused revenues (3 trillion Polish Zlotys) into bank accounts that paid no interest. During the first years of operation, the Fund engaged in many bad investments, and lost money on almost 18 risky investments originally hypothesized to yield high profits. Most of these bad investments consisted of less than 50 percent of the Fund's stocks. The joint stock company NORMICO Holding, Ltd. Was responsible for all of the poor investments. The Fund owned 100 percent of this enterprise. NORMICO was sold in 1996 for 1/6 of its value, according to the Supreme Chamber of Control, and is still under investigation by prosecutors. [28] The investments made by the Fund were not all poor: in 1993, the Solidarity government, on the request of the Minister of Labor, asked to borrow 20 percent (750 billion Polish Zlotys) of the Fund's unused revenue. This endeavor turned out to be a very positive and safe investment for the Fund. Presently, The Polish Parliament forbids the Fund to make any investment besides State bonds.
The Fund also experienced problems when hiring Presidents of the Board. So far, there have been 9 Presidents of the Board, each averaging less than one year in the office. Overall, since July 1, 1991 the Fund has employed around 2,500 people. Believe it or not, only one person is still working who started at the time that the Fund was established. This fluctuation in employment has been greatly attributed to political circumstances. At present, approximately 700 people are employed by the Fund. In addition, the Ministry of Labor and Social Policy, which supervises the Fund, employs 500 people. One of the main reasons the Fund employs so many people is that, until 1995, it was a central distribution and collector of financial services. Simply put, I would argue that a definite overstaffing issue exists. A different fund (National Labor Fund), which produces five times more revenue and also serves to combat unemployment (about 2 million unemployed people), is operated by 8 people. [29]
Today, there are 16 regional branches of the Fund responsible for distribution of funds. Of nearly 10,000 requests for financial support in 1997, only 400 were made through regional branches.
Another issue of concern is the quality and level of professionalism of the Fund's personnel. As mentioned before, most hirers (and terminations) are politically motivated. Currently, there have been 77 cases in the Labor Court, and only one has been won by the Fund. Employees have been made up of party activists, retired employees of Ministry of Interior, priests, and policemen. The Fund's personnel are not required to undergo a background check. Nepotism runs rampant, and no member of the Presidents Board was selected by way of the usual process for hiring executives. Only one of the Presidents of the Board was a disabled person, and few of them were related to some of the operations of the fund.
The employees of the Fund are not being paid adequate salaries. The Fund is using less than 2 percent of revenues to pay wages, sometimes feeding employees' tendencies towards corruption and decisions based on self-interest. The Fund employs more than 6 percent of its staff of disabled people, which means that it is exempt from paying for itself. Yet, it does not qualify for labor-protected status.
The central-left government coalition (1993-1997) was focused on creating a system of incentives for employers, resulting in the increase of labor-protected companies and the employment of disabled people. The current coalition, since its victory in elections on September 21, 1997, emphasizes social policy and is decreasing the incentives and preferences for employers of disabled people. This has led to increasing levels of unemployment among disabled people. The current situation is just another example of the political infighting of Polish politics, and the lack of continuity of stability and clarity in policies regarding the employment of disabled people.
One of the productive aspects of the Polish quota-levy-incentive includes the very successful special programs that are aimed at the disabled community:
Informal evaluations and reports of these activities have shown them to be highly productive in setting a creative tone to the expenditures of the fund and in training sufficient quality and quantity of professionals to administer funds effectively.
Each year, the Supreme Chamber of Control, which is an agency of the Polish Parliament, evaluates the Fund. [30] This is a misfit of the mission of the Department of Health and Physical Culture, yet if fits nicely with the programs and functions of the Department of Social Affairs. The annual evaluation is mandated by State Budget Decree. The financial plan of the Fund is added as an annex to the financial plan of the State budget, and evaluated each year by the Polish Parliament.
Among all the political issues facing the citizens of Poland at the present time, employment of people with disabilities is not a major issue. Yet it is related to the major issues being discussed, namely the improvement of the economy through open market practices and the joining of the European Union.
Employment of persons with disabilities is, of course, a function of supply and demand. The Fund is the chief source of supply at the current time, and the demand is from employers. What drives the demand is relief from levies, not the desire to assist persons with disabilities. The motivation for employment of persons with disabilities is driven by the profit motive, not a shared philosophy for inclusion or egalitarianism. Thus, it is speculated that if the Fund or some other similar situation were not in place, the initiative for disabled employment would decrease sharply or even discontinue.
A major problem with the sustainability of the employment effort is that the demand is not from the disability community. Further, only if the demand is institutionalized within these consumers will the Polish government's efforts continue to be in demand. To do this, the disabled community must become educated and active, a condition that does not now exist. Although the growth of disability NGO's has been rapid in the last few years (numbering in 1997 over 5,000 of which 100 are National), their agendas are primarily for support, subsistence, and independent living rather than employment. Disabled persons come from traditions of passivity and receptivity to welfare, as well as employment through cooperatives, where jobs were secure even though stimulation and growth were minimal. Changes in attitudes and willingness to participate in political and governmental action must occur if the disabled community is to become its own spokesperson and to assert the rights stated by the new Constitution.
The following are the results of analysis of the above materials and statistics of the successes and failures of the quota-levy system developed in Poland. These conclusions are not all those of the author; some are derived from recent conversations with officials at the Fund, the related Ministries, disability NGO's and employers affected by the Fund.
Incentive Installation: The incentives to employers made available
through the 1991 legislation, those
over and above relief from levies, were thrust at the employers when not many controls
made them easy to obtain. Those employers who were most knowledgeable about these
incentives reaped huge benefits and instituted practices and procedures that were later
considered questionable. The promotion of the program among all employers was inequitable
and resulted in unfair allocations. A proper planning period, massive information
distribution, and concentration on building a receptive infrastructure before distribution
of incentives would have prevented many of the early and inequitable practices of the
Fund.
Employment of Persons with Considerable Disability: The employment of
severely disabled persons is
not effected by having "sheltered workshops of activity therapy," as called for
in the legislation. Modern practices have shown that severely disabled persons can also be
employed, often with minimal work site modifications. Unfortunately, he numbers of persons
with severe disabilities employed in the Polish system continues to remain low.
Effectively, the Polish system needs to find new and improved ways to implement its
policies.
Labor-Protected Companies as an Industry: With 2,440 labor-protected companies (c. 1997) involved in the Polish quota-levy-incentive scheme, the annual cost of the incentives to the Polish State budget is over USD $623.126.524. This amount has had, of course, a serious impact on the thinking of Polish legislators and Ministries during a period of open market transition and growth. The entire scheme begs for an economic analysis, as well as projections to assist in further planning. The incentives are already under review for discontinuation, e.g., the VAT exemption. Should these incentives be removed or replaced, it should be the result of informed decisions and not political whims.
Politics and the Quota-Levy System: Although the Fund shows success,
it has been hampered throughout
its life by inefficiency, the changing of policies and procedures, and leadership that is
responsive only to the changing politics of the State. The Fund should be independent and
responsive to its customers: employers, rehabilitation practitioners and the disability
community.
Media and the Quota-Levy System: Since its inception, media coverage of the scheme has been almost non-existent, for three main reasons. First, the media think of disabled persons in the traditional ways, i.e., as "unfortunates," and not as people disabled by lack of normal opportunities. Therefore, they consider state actions that promote employment as exploitative of them and punishing them for being less than normal. Second, the pro-disability media were never hired, educated, nor cultivated by the officials of the Fund or the Office of the Plenipotentiary. Third, channels of communication between the Fund offices and the media were not clear.
Support Best or Worst Employers: The Fund was plagued by a major
philosophical difference
throughout its history: should the resources of the Fund be used to reward the companies
who were most active in the employment of persons with disabilities or should the
resources be used to help pay for businesses who were struggling economically and who
needed those subsidies? Research shows that the funds were best utilized when awarded to
the most economically stable businesses. This philosophy should have been clear from the
beginning to Fund personnel and employers.
Hiring of Fund Officials: The management of the Fund was not
comparable to that of either
corporate business nor governmental practices, and inadequate management resulted in
severe inefficiencies. Therefore, it is my feeling that the Governing Board and the senior
officers should be free from political persuasion, and should follow standard competition
practices that are based on professional credentials. A proposed management system should
protect against uncompetitive salaries, incorrect staff ratios, and inadequate employee
benefits.
Management Procedures: Unclear procedures for applying for benefits, as well as inadequate procedures for reporting the results of employment practices and expenditures of Fund money, hampered the effectiveness of the Fund and allowed mismanagement to occur. Further, political attachments became suspicions, as decision makers often awarded unduly those employers known to have favorable political connections.
Percentage Goals: Goals should be set for the expenditures of the
funds available for employment of
persons with disabilities. The monies of the Fund were spent in its early days at a rate
of 45% to employment. Gradually, that has increased to 65%, a figure that is reasonable
and obtainable. The trend to increased growth of this percentage should be continued, as
it is the best leverage of this money for increase opportunities for disabled workers. It
would have been helpful if a target percentage had been officially expressed from the
beginning of the Fund.
Rural Issues: The Fund needs to focus additional resources on rural
and less developed parts of Poland.
Although the laws establishing the Fund allow special resources to disabled persons in
these areas, such as agricultural loans for entrepreneurship, knowledge of these
opportunities is limited. The Fund needs to provide education and technical assistance to
all eligible persons in rural areas, so that they may take advantage of these
opportunities. These efforts will be hampered by lack of rural organizations of disabled
persons, and the lack of higher educational opportunities for rural disabled workers.
Agricultural businesses are not among those receiving designations as labor-protected
companies. Future efforts of the Fund should plan aggressive strategies for wide-scale
rural education.
Decentralization: The quota-levy system in Poland allows for
regionalization, and 16 regional offices have
been opened to date. Evaluations of the regional efforts show that they are effective and
useful to all the purposes of the Fund. This regionalization should be continued and
expanded as rapidly as possible. It is only through these regional offices that suburban
and rural areas can be informed about the provisions of the Fund, helping local disabled
workers to find suitable employment. Regional offices are also valuable resources to the
headquarters office about the overall effectiveness of the funds. It would be wise to
increase the power of the regions while decreasing the ability of the headquarters office
to make major decisions in the statewide use of funds.
Cultivation of Knowledgeable Customers: The Fund works in a vacuum of
knowledge about its real
effects on the customers it serves: employers, disabled workers, unions, and the society
at large. If the Fund were a business, it would die for lack of good market research. The
Fund has a chance to listen to and dialogue with these constituencies because it is a
quasi-governmental agency. Unless it does so in the future, it will receive little
effective support if and when the government of Poland makes choices about its future.
The Disabled Persons Ombudsman: It is important for the disabled in Poland to be represented with real legal and political power within an Ombudsman system. At the moment, even though the LPB's and Quota-Levy-Incentive system was specifically created on behalf of the Polish disabled community, this disenfranchised and marginalized community does not have any real representation. The Swedish system is by far the most established ombudsman system for the disabled. However, that system has its own problems. To explain, a government authority known as the "Disabled Persons Ombudsman" was created in Sweden in 1994, with the objective of watching over the rights and interests of disabled people and preventing discrimination on account of a disability. The authority is also involved in labor market questions. In 1996, 100 cases of discrimination were reported to the Ombudsman, 17 of which concerned discrimination in the workplace. In over half of these 17 cases, the Ombudsman succeeded in bringing about a change on behalf of the person reporting the discrimination. In the Swedish system, the Ombudsman does not have any real power or means of compelling employers to take measures and effect change. Nor does the Ombudsman have any right to represent the individual in a dispute with the employer. The method adopted is an exchange of views, preferably by mail, in which the ombudsman expresses a view about the conduct of the employer. This system is favor for Poland but must include legal protection and legal monitoring on behalf of the disabled community. [31]
Education, Skills Improvement and Skills Development of Disabled People:
According to the Office of
Plenipotentiary for Disabled People, in the academic years from 1998 to 1999, only 0.08%
of students attending higher education institutions were people with disabilities. [32] It is obvious that with more education and skills training, the
disabled will be more competitive and able to enter the labor market quicker and at higher
salaries.
Table 3.
Breakdown of education level of disabled
employees of labor protected businesses in 1997 [33]
| Level of Education | Percentage of Employees of LPBs |
| Master Degrees | 3.2% |
| Post High School | 16.6% |
| High School | 8.1% |
| Vocational | 37.5% |
| Elementary and Lower | 34.6% |
| Total: | 100% |
Discussion: The above table shows the urgent need to institute more vocational and educational training centers for the disabled community. There are only 7 vocational centers for the disabled, which can only accommodate 1,600 individuals in apprenticeships on the premises. For example, in France (1994) there is 103 training centers, which accommodate 10,000 individuals. In Portugal there are 99 centers training centers with accommodation totaling around 5,000 individuals. However, in the Netherlands, there are only 5 centers with the capacity of accommodating 600 individuals. In Switzerland there is 50 centers, accommodating 1,600 individuals and this shows that each center can support at least 32 disabled scholars. In Kenya, there are 12 centers for vocational training of disabled. In Poland, there is only one university that is fully focussed on the education of disabled people, Podlaska Academia Ekonomiczna, in Siedlce. Most of the students are either blind and/or deaf. The fields of study are predominately focused on Information Technology, linguistics, and economics. This school fully provides assisted and specifically designed technology for the disabled. There is no architectural barriers impinging the movement of the disabled on the campus. This institution was financed from the State Fund for the Rehabilitation of Disabled People. The above table shows that there is a great need to invest more money and establish more educational and training institutions for the disabled.
Use of Information Technology: In the era of IT and the Globalization of World economies, there now exists an additional market and a great opportunity for the disabled to fully participate in this new economic trend. Inclusion into this market -- through the use of "assistive" technology (for example, the use of Braille keyboards, larger screens for the visually impaired) -- allows the disabled access a more dynamic and cutting-edge industry that will never become stagnant and will also need skilled persons. With this new, fast growing and robust economy, it is also possible for the disabled to work from their homes. More importantly, the disabled individual will be able to be paid the same as an able-bodied individual. So far, the State Fund has given 6,952 loans for the purchase of computers for the disabled and although this is a great start, it is by far an inadequate investment in this industry for the disabled. Greater priority should be given to the inclusion of the disabled into this industry.
Internet and Telecommunication: Accessibility to the Internet and telecommunications technology by the disabled has opened up another opportunity for the employment of these people. One of the international examples for utilization of the Internet on behalf of the disabled community is called Global Applied Disability Research and Information Network on Employment and Training (GLADNET). This network was established by the Vocational Rehabilitation Branch of the International Labor Organization (ILO), a specialized agency of the United Nations, headquartered in Geneva. The network brings together research centers, universities, enterprises, government departments, trade unions, and organizations representing disabled persons. All of these organizations are committed to the common goal of advocating for competitive employment and training opportunities for persons with disabilities.
Leadership Among Disabled Individuals and Groups: One of the problems
with monitoring and
modifying the system to meet the ever changing needs of disabled people is the apathy
found within the disabled community itself. Earlier systems providing jobs for disabled
persons had, in effect, worked "too well," and consumers had grown complacent,
feeling that the State would always take care of them. Many felt that if they did not
receive assistance in securing a job, they would be taken care of by social insurance.
Thus, the disability community offered no insight to the managers of the fund on meeting
their needs. Instead, the community became very demanding of incentives and refused to
seek more efficacious ways of seeking and sustaining employment. The only leadership
offered was through the managers of the Fund or the Parliament, which oversaw it-mostly
able-bodied persons.
Independent Monitoring and Quality Control: Even though the laws
require an annual evaluation of the
management of the program by the Supreme Chamber of Control, these results are not useful
for purposes of making day-to-day policy decisions. There is a need to monitor employment
as detailed as at job stations, to determine health and working conditions, attitudes of
employers and colleagues, and to determine reforms that could be undertaken by the Fund.
Therefore, an independent evaluation of the system should be established which is not
necessarily located in the Capitol City, and would be composed of representatives from
employers, employees, unions, NGO's, professionals, and economists. The reports of this
ongoing evaluation will be extremely useful for policymakers as well as managers. It will
also help to build awareness among the general public.
Why the Quota-Levy-Incentive System Works in Poland: The
quota-levy-incentive system worked in
Poland because: 1) when it started, Poland was very weak in both funding and government
because of the ongoing transition from communism to democracy; 2) employers received more
opportunities through this system to improve their profits by employing disabled workers;
3) this program turned out to be one of the least expensive programs devised by government
for it did not require any up-front money for execution to initiate; 4) Polish
entrepreneurs are highly skilled at finding new and creative opportunities to increase
profit margins, and this scheme was utilized by be cleverest of them; 5) having worked
under a very primitive quota system prior to the quota-levy-incentive program, the concept
was not new and required relatively little effort to switch practices to accommodate
disabled employees; and 6) the Polish general public, coming from traditions of social
change and sensitive to disability issues, found it easy to accept and embrace.
Exportability of the Quota-Levy-Incentive System: Because the
quota-levy system is already the system
used by most of the world's Nations, it will be a relatively easy concept for developing
countries to comprehend and adopt. It appears easier to make accountable than a human
rights approach and has more pragmatic appeal to legislators and the general public. It
does not require a change of attitudes (although this is a goal), which is extremely
difficult to legislate. The adoption of the quota-levy-incentive also does not require a
massive infusion of money by the legislature to start up; revenue is generated directly by
employers and, eventually, from tax breaks.
What is clear from the analysis of the Polish quota-levy-incentive system is that it must be thought through and implemented very carefully. Problems of management of any independent financing foundation or agency can be assisted by consultation with those who have gone through this process previously and learned from it. There are key procedures that are immediately exportable to other countries' efforts from the Polish experience, e.g., collecting levies, monitoring quotas, designating priorities to employers, training employers, setting assessment procedures in place, activity evaluation, etc. Other procedures such as media campaigns, various types of tax incentives, management procedures, and use of stakeholder feedback are obviously local problems, but those that can be helped by knowledgeable consultants or consultant groups.
The ADA is specifically a "civil rights law," but for purposes of this paper I do not want to get into definitions or comparisons of the different types of disability programs in Poland and the United States. I am only introducing a brief description of this act in the hope of showing that - when this act's strengths are merged with the Q-L-I systems strengths - a new and more sophisticated model will develop. As I have proposed in my introduction, this merged model can be a good starting point in establishing a working Universal Model. Briefly, the ADA's main purpose is to protect the rights of the disabled by:
The Polish Q-L-I system is not only unique to Eastern and Central Europe and transitional nations, it is unique to the world. Despite early problems with management procedures and contrasting political influences, it has not only survived, but has thrived and has obtained many of its promised outcomes, particularly if we look at the increased statistics of employed disabled workers. Poland now has one of the lowest unemployment rates among persons with disabilities in the world. On the other hand, Anglo-American countries, such as Canada, the USA, Australia and the United Kingdom, have approached the problem from a penal perspective or from a civil rights conviction. A perfect example is the USA in the late 1980s.
It is my belief that both systems are designed to achieve the same goals, but historically have taken different paths to achieve their objectives. One approach has been purely economical and the other approach has been from a constitutional perspective. Both systems would succeed in their objectives if the strengths and weaknesses of each system were compared. In some areas, cross over has occurred and must continue to happen for both systems to continue their successes. To put it another way, I see that the strengths of the Q-L-I system are converse to weaknesses of the ADA approach and visa versa. It therefore makes sense that each system adopts the other systems strengths. Basically, this process has already started. To explain, in Poland the main aim of their system was to get the disabled into the open labor market. Types and quality of employment was not initially an issue. However, such is the issue at present, and there are a lot of programs and fiscal support given to ensure that the disabled individual can improve their education level, and thus obtain more interesting and stimulating employment. "In its report marking the end of the Decade for People with Disabilities, the United Nations noted that people with disabilities are often employed in low-paid, low-skilled jobs. For many people, a lack of adequate education and training may be the reason. Nevertheless, it is access to quality training leading to quality jobs that is particularly problematic for people with disabilities," as quoted by the European Commission's report on "Horizon." [36]
The US Senate recently approved a bill that will further help "disabled Americans join the work force by allowing them to keep their government-financed heath benefits when they take jobs. [If they worked in the past, they would have lost access to free medical treatment.] "We are taking the final great step" to ensure that those who want to work despite disabilities can "reach the dream of a fuller life," said Sen. James M. Jeffords (R-Vt.), who sponsored the bill with Sen., Edward Kennedy (D-Mass.)." This legislation is described as a "landmark legislation to open the workplace doors for disabled people." [37] More importantly, this new bill will also start paying for itself by "…to raise the bill's cost of $800 million over five years by eliminating a tax break for overseas corporate operations." Americans have long known that they have designed a system that meets the moral and "civil rights" needs of the disabled person, but does not meet the economic needs of this community. The anti-discrimination system tends to start from a good moral base, whereas the Q-L-I system has monetary affairs as its main goal. Both systems, in my opinion, are moving towards addressing their own individual problems. Only constant upgrading, monitoring and improvement will aid the system in blossoming into a better system for the disabled communities of the world. However, overt comparisons and collaborative efforts should be encouraged in order to arrive at a better Universal model quicker. I propose also that there must be some form of custodian system set up to monitor the development of these systems. These watchdog bodies should constitute and include the State and legislatures, advocacy groups, governments, and finally the disabled communities themselves. This four-pillar custodian approach, when adhered to, ensures that no factional or partisan decision is made on behalf of this disenfranchised community.
Finally, it is important to briefly examine the historical background of both systems, in order to understand the evolutionary growth of each in the hope of predicting future direction that these systems will take. The Q-L-I system traditionally developed in countries that were coming out of war situations and were also economically destitute. It was therefore important for these countries to focus on employment as competition for jobs were high, and an able-bodied individual would find themselves employed first before a disabled individual found employment. In countries that applied the anti-discrimination system, here the general economy was good and the standard of living for the individual was comparatively higher. Economics were not the driving factor.
The first historical mention of the "quota-level" approach was discussed internationally at the Inter-Allied Conference in 1920, after World War I, where it was recommended that national governments adopt legislation, which would oblige public and private employers to employ disabled ex-soldiers. On the other hand, anti-discrimination systems inevitably grew out of civil uprisings. After the Vietnam and Korean Wars in the 1960-1970s, the civil unrest of that time acted as a catalyst spurring on disabled veterans to advocate for better lives and employment for themselves. Public consciousness was at a high at the time, advocating for all marginalized and disabled people. This period also saw the birth of the first united Feminist movement. During this time, we witnessed the forerunner of the ADA system being written, which took the form of the Rehabilitation Act of 1973. This act provided vocational rehabilitation services for person with disabilities and also prohibited discrimination and employment of the disabled in the state workforce.
There are certain problems philosophically with this system in a world that is leaning towards democratization and adopting the trappings of its most democratic nations, i.e., the human rights approach to disability employment. This Polish system is probably not as effective at changing attitudes of the general public as is the human rights approach. The best solution is to get people employed. We assume that the process of attitudinal change will occur through the process of worker-to-worker acceptance, an as-yet unevaluated thesis. It works in transitioning nations that are moving towards democratization. It works in countries that are improving their economies and want to include provisions for employment of all its workers. It can work, as in Poland, as a precursor to a later transition to a more egalitarian approach.
History has shown that both systems are now at a crossroads. It is very hard to move to the next level and I propose that for this transition to be smoother and to take place, an authoritative and credible organization should take up the rallying call. There is a need for an international body to coordinate and propose what the next step in the evolution and merging of these two different systems should be.
As I have said in my introduction, from an economical perspective, Poland's Q-L-I system can stand as a working universal model, for developing countries and countries in transition to emulate. The countries employing the anti-discrimination approach have given the world's communities a good moral framework to emulate. Merging these two approaches, I believe is the next historical step and will create a complete universal model. Experts in this field should be brought together through an international conference or seminar, to focus on this systematic development. This emerging system, when designed and "put-together" properly, can work in most of the developing countries, and achieve better hegemony in disabled communities.
I hope this paper starts the ball rolling and motivates the worldwide community to get together and jointly design a model that will work both on an economic and advocacy level.
Finally, I would like to take this opportunity to quote Dr. Robert Metts, [38] "People with disabilities are looking for simple and viable solutions to improve their lives."
[1] It is important to note that at the present time, Poland is a developing country in transition.
[2] Informator PFRON - Oprech, 1998.
[3] Emphasis added.
[4] Dane Statystyczne - ZUS.
[5] It is important to note that from an economic perspective, the system must be customized to satisfy the needs of each individual country that chooses to implement the system.
[6] Countries not following this model are: the USA, Australia, Canada and the United Kingdom.
[7] The USA is an excellent example.
[8] Dane Statystyczne - ZUS.
[9] Leszek J. Sibilski , Employer/EmployeeIncentive: A New Approach to Employment of Persons with Disabilities in Transitional Countries. The Polish Experience: Quota-Levy and Incentive System., 2000, The World Bank.
[10] Information from Financial Department of PFRON, 1998, Warsaw.
[11] The Act of August 27, 1997, On Vocational and Social Rehabilitation and On Employment of Disabled Persons, Leg. J. 97.123.776, changed Leg.J. 97.160.1082.
[12] Please note the Act of August 27,1997 on the Employment and Vocational Rehabilitation of Disabled People.
[13] The Business Partner for You, 1997, PFRON & KAIZ.
[14] Informator, PFRON - 1999.
[15] Compiled by the Japanese Ministry of Labor, Employment Security Bureau.
[16] The disposition of the Minister of Finance of December 7,1995, on exemption from taxes on goods and services for protected labor companies. Leg.J.1995,No 64,cl.700; see also The Act on Vocational Rehabilitation and Employment of Disabled People, Leg.J.97.123.776.
[17] The minimum working age in Poland is fifteen.
[18] Rocznik Statystyczny, 1998r. and Charakterystyka Demograficzno-Spoleczna. Biuro Pelnomocnika do Spraw Osob Niepelnosprawnych. Wrzesien, 1998.
[19] Opracowanie GUS:"Porownanie Sytuaciji Zdrowotnej Ludnosci Polskiej i Wybranych Krajow Europejskich w 1996", Warsaw, 1998.
[20] Rocznik Statystyczny GUS, 1997.
[21] Dane statystyczne - ZUS.
[22] Examples include the Polish Union of the Blind, the Polish Association for the Mentally Handicapped, the Polish Union of the Deaf, Polish Association of Diabetics, the National Council of Disabled People, the Society for the Combat of Disability, the Polish Sport Union for the Disabled, and the Association for Help of Disabled Children.
[23] Organizacje Pozarzadowe i Instytucje Dzialajace na Rzecz Osob Niepelnosprawnych - Informator, '97.
[24] Statute of the Polish Ortanization of Employers of Disabled People, Warsaw, June 11, 1997.
[25] Caritas w Sluzbie Osob Niepelnosprawnych, Andrzej Czarnecki.
[26] The decree of the Minister of Finance of September30,1991 on specific principles governing reductions of payments to the state Fund of Rehabilitation for Disabled People, Leg.J.1991,No 88,cl.401.
[27] Regulations in the Act were based on the French and German systems.
[28] It is important to note that the Fund averaged only 8% in poor returns on investments, as compared to the 15% in the French system.
[29] Note that the National Labor Fund's structure and procedures were set up before the Fund was established.
[30] However, of the units within the Supreme Chamber of Control, it is the Department of Health and Physical Culture, rather than the Department of Social Affairs, which evaluates the Fund.
[31] International Research Project on Job Retention and Return to Work Strategies for Disabled Workers: Study Report on Sweden, by ILO, written by Anders Karlsson, 1998.
[32] Most of these students were at the masters level.
[33] International Research Project on Job Retention and Return to
Work Strategies for Disabled Workers:
Study Report on Sweden, by ILO, written by Anders Karlsson, 1998.
[34] Leszek Sibilski: The Americans with Disabilities Act of 1990: An experiment or a Model?, 1999.
[35] Leszek J. Sibilski, Social Aspects of Disability: Social Movements, Social Organization, and Legislative Action. , 2000, Slask Academic Publishers ,
[36] To digress, Information Technology is an exciting and didactic employment sector for the disabled, especially for the severely disabled, e.g., the blind and the deaf. This sector, by its very nature, allows the disabled to work either from home (especially for the disabled located in remote areas and villages) or in environments that are easily adapted to meet the needs of the disabled.
[37] The Washington Post, June 17, 1999: Senate Passes Disability-to-Work Measure, 99-0.
[38] Seminar organized by Inter-American Development Bank: Dialogue on Development and Inclusion: Opportunities for People with Disabilities, March 16, 2001, Santiago, Chile.
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