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Ordinance On Compensation For Persons With Disabilities In The Profession, Etc.

Original Language Title: Bekendtgørelse om kompensation til personer med handicap i erhverv m.v.

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Table of Contents

Chapter 1 Aend and social circle

Chapter 2 Incremental Access

Chapter 3 Personal assistance for persons with disabilities in occupations, etc.

Chapter 4 Personal assistance during post and continuing training

Chapter 5 Appeal access

Compensation for compensation to persons with disabilities in business and so on.

Purline 3, paragraph 3. 2, section 7 (4). 5, section 11, section 14 (a) (1). 5, section 16 (a) (a). 2 and 3 in the Act of Compenal compensation for the disabled in occupation, etc., cf. Law Order no. 727 of 7. July 2009, shall be determined :

Chapter 1

Aend and social circle

§ 1. The purpose of the rules on compensation to persons with disabilities in occupations, etc. is to provide persons with disabilities with disabilities for the disabled so that these persons are treated as equal to persons without disabilities and thus have the same opportunities Commerctilized.

Chapter 2

Incremental Access

Incremental access for employment in public employers, appropriation for spatspaces and so on and taxi services

§ 2. In the case of an occupation of vacancy, public employers are obliged to give a person who, due to disability, has difficulty in getting employment in the ordinary labour market, the step-up access to the vacancy, if the person is involved, In accordance with the employer ' s assessment, disability shall be as qualified as the other applicants.

Paragraph 2. The same applies to the public authorities in the allocation of available seats, newspaper and leaf kiodes, chocolates and tobacco products, or other permits, pagations and similar types of cab, as well as appropriation for taxi services, cf. However, section 9.

Paragraph 3. The provision in paragraph 1 shall be However, 1 shall not apply where the work is employed to be employed in the undertaking or the institution.

§ 3. The incremental access is guaranteed by the right to an employment call, cf. Section 6 (2). Article 8 (2) and Article 8 (2). 2, as well as at the party of the negotiating table, cf. Section 6 (2). Article 8 (3) and Article 8 (3). 3.

Paragraph 2. Proposals for the recruitment or allocation of authorization shall comply with the rules of the administration of the law, including Chapter 6 on the grounds.

Employment of public employers

§ 4. For the purposes of public employers :

1) municipalities, regions, and municipalities communities,

2) State institutions and

3) organisations, associations, companies, institutions and other similar areas, where at least 50% of the expenditure is covered by public subsidies.

§ 5. When the job center receives a call from a person who is having difficulty in getting employment in the normal labour market and which, after the job center's estimates, can be stripped of a work order, the job centre must register all relevant information on the person concerned, including training and other qualifications, and the nature and extent of the disabled.

§ 6. It is the job center that determines whether a person with disabilities has difficulty in getting employment on the ordinary labour market. If the job centre considers that a person with disabilities could disputed an opening that the job service has become aware of in a public service, the job centre must be approached by the job centre to whom the employment office is employed.

Paragraph 2. The public employer is obliged to convene an applicant with a disability subject to paragraph 1. 1, for a personal function interview before a vacancy is filled. This also applies if an applicant with a disability himself is making a direct appeal to the employer for employment and has pointed out that the actral access is requested, unless the applicant does not meet the formal training requirements for the opening of the open position. The requirement to convene an interviewing is valid whenever a vacancy is to be set, even if it is the same position type.

Paragraph 3. If the applicant with disabilities is not placed in the open position, then the employer shall wait for the job to be set up until the employer

1) have given the job centre a written explanation as to why the applicant is not paid for it ;

2) in the light of the statement, it has negotiated with the job centre as to whether or not the applicant could still be set in the position. The job centre must draw up a written summary of the debate.

§ 7. When an applicant with impairment seeks incremental access to a vacancy in his residence municipality, the job center in the neighbouring municipality shall examine the application in accordance with section 6 after one of the Danish FDA has been drawn up.

Devilling of Spaces and other places and taxis appropriation

§ 8. Public authorities must inform the job centre of allocations to available seats, newspaper and leaf chunks, chocolate and tobacco products, or other permits, tenant pacts and similar types of travel, and the availability of tax-driving licences.

Paragraph 2. The competent authority shall be obliged to convene an applicant with disabilities set by the job centre to an authorization pursuant to paragraph 1. 1, for a personal call before the grant is granted. This also applies if an applicant with a disability has himself sought a free authorization and has pointed out that the actrination of the incremental access is requested, unless the applicant with disabilities is apparently less qualified than the other applicants.

Paragraph 3. If the applicant with disabilities is not granted the grant of the grant after the job center has been suspended, the public authority must wait for the authorization to be granted until the competent authority,

1) has given the job centre a written explanation as to why the public authority does not wish to grant the grant to the applicant and

2) in the light of the statement, negotiated with the job centre as to whether or not the applicant will be granted the grant. The job centre must draw up a written summary of the debate.

§ 9. The competent authority may not grant a licence for a taxi service to an applicant with disabilities if the applicant does not meet the conditions laid down in section 3-7 of the Department of Traffic Regulation No 2. 220 of 31. In March 2000, on taxi services, etc., or if the applicant is not able to perform the functions normally the driver of a taxi driver.

Chapter 3

Personal assistance for persons with disabilities in occupations, etc.

People Circle

§ 10. Personal assistance may be provided to unemployed, employees and self-employed persons who, due to a permanent and significant physical or mental function reduction, require specific personal assistance.

Job categories and so on

§ 11. Personal assistance may be sought by the person with the function reduction, which :

1) emploing employment or employed in a position on ordinary wages and employment conditions ;

2) seeks to hire or be employed in employment with pay grants, in accordance with the law of active employment,

3) seeks to hire or be employed in merging jobs, in accordance with the law of active employment,

4) Participant in Offering for Business Actuals Act on Active Employment Action,

5) emploing hire or employed in senior job by law of senior job, or

6) is intended to establish self-employment or self-employed person in the normal labour market.

Paragraph 2. The grant of personal assistance may not be granted until such time as the person concerned is in the business sector.

Employment conditions for the assistant

§ 12. Offer to personal assistance shall be granted to a company to be paid by a personal assistant to an employee or to a company to be employed, or for the company holder, cf. however, paragraph 1 6.

Paragraph 2. The personal assistant is placed in the business on normal terms of employment.

Paragraph 3. The personal assistant can, by agreement with the company, be requisitioned at a temporary agency.

Paragraph 4. Instead of personal assistance in accordance with paragraph 1. 2 and 3, assistance by agreement with the undertaking can be requested as literal interpreter or lip-system interpreter (MHS) after notification of the literal and oral system interpreter training or write interpreter.

Paragraph 5. The person with impairment prior to recruitment or requisition of an assistant shall approve this.

Paragraph 6. When personal assistance is provided to a vacant participating in enterprise sprays, cf. Section 11 (1). 1, no. 4 or a participant in post-training prior to commencement of a specific employment relationship, cf. section 16 (4). 1, the assistant may be placed at the job centre or may be rerequested in accordance with paragraph 1. Three or four.

Appropriation and extent of grants

§ 13. The personal assistant shall assist the person with practical functions and functions as a result of employment and, as a result of the operation, in particular the need for special assistance.

Paragraph 2. The assistance can be distributed to several assistants. The total assistance shall not exceed the maximum number of hours that may be granted, cf. § 15.

§ 14. Support may not be granted for personal assistance where the industry is incompatible with the operation of the operation. The person with the function reduction must be able to perform the content work tasks.

Paragraph 2. The recruitment of personal assistant may not be in the character of temporary or any other help.

§ 15. Grants may be granted up to 20 hours per year. Average week on average per Quarter to wage earners and self-employed workers who work 37 hours a week. In the case of fewer working hours, the subsidy is calculated proportionally.

Paragraph 2. A person who has more than one function reduction or has a very significant reduction, may, after a specific assessment, be able to obtain full time (d.v.s. up to 37 hours per week). After a practical assessment, people with a reduction, for example, deaf-blind, receive subsidies in addition to 37 hours per year. week.

Paragraph 3. In the case of pre-training in advance of a specific employment relationship, cf. section 16 (4). 1, grants may be granted up to full time. Deposits may be given to class hours and in preparation for the person with disabilities in need of assistance in preparation.

Paragraph 4. Appropriation may be granted for a given period or for the time being. No later than one year after the authorization has been granted, the job centre must take a position on whether the authorization can continue.

Assistance during post-training

§ 16. Free persons with a lasting and significant physical or mental function reduction may obtain assistance for personal assistance during post-training prior to commencement of a specific employment relationship. The subsidy may only be granted once the person concerned is in training.

Paragraph 2. Assignees with a durable and significant physical or mental function reduction may obtain grants for personal assistance in the course of the work, paid by the employer and run during working hours. The same applies to wage earners who participate in AMU training, which is part of the work and run during working hours.

Paragraph 3. Self-employed persons with a durable and significant physical or mental function reduction may be assisted in personal assistance during training, which is a common link in the industry in question and training.

Paragraph 4. The personal assistant is placed in the company.

Paragraph 5. When personal assistance is provided to an idle, the personal assistant of the job center or requisition is placed in a temporary agency.

Assistance under sickness and so forth.

§ 17. The job center can pay out grants to the company during sickness absence in people with the reduction of their function. It is a condition that the employer is required to pay the assistance to the assistant during the period of absence.

Paragraph 2. Before grants may be paid, the employer shall declare on faith and promise that the employer is obliged to pay the attuns to the assistant during the period in which the person with the function reduction is absent.

Paragraph 3. The job centre must, in the case of long-term disease, take a position on whether or not the authorization should continue ;

§ 18. The job center can pay subsidies to the company when the personal assistant is absent from his work due to illness. It is a condition that the employer is obligated to pay wages to the assistants under the absence and that the employer does not concurrently receive reimbursement from the public after the law on sickness benefits or the right to leave and day allowance on maternity leave.

Paragraph 2. Before grants may be paid, the employer shall declare on faith and law

1) the employer is obligated to pay the attuns to the assistants during periods where this is absent and

2) on the employer at the same time, reimbursement according to the rules of the law on sickness benefits and the right to leave and benefits of maternity leave at maternity leave.

§ 19. If the personal assistant is expected to be absent due to long-term disease and the like, a grant may be awarded to the appointment of a substitute for the personal assistant.

Offer to assistance during work-related jours

20. A company or self-employed person can obtain a proven reasonable travel expenses for the personal assistant if the assistant has accompanied the person with a disability in connection with work-related travel, including abroad.

Paragraph 2. In addition to direct travel expenses, reimbursement of other expenses may be paid to the personal assistant, such as the hour-day money provided by the employer by agreement, contract of employment or employment law, which is also bound to be paid.

Paragraph 3. The employer shall declare on faith and promise that they shall be obliged to pay out the measures referred to in paragraph 1. 2 the expenditure referred to above before the subsidy is paid.

Application for personal assistance

§ 21. Applications for personal assistance shall be submitted by the person who has been reduced to the job centre of the municipality in which the person with the operation is settled.

Paragraph 2. The application must include information on :

1) Name, address, CPR no. and position,

2) the person is employed as a payroll or a self-employed person,

3) the nature of the function,

4) the specific functions or functions of participation in training / training, to which assistance is requested,

5) number of hours for which assistance is requested and

6) the period for which assistance is requested.

Paragraph 3. Wage recipients seeking personal assistance must also provide the name and address of the employer, as well as if they are employed in ordinary employment, in the job of wage subsidies, in flexible jobs or senior job.

Paragraph 4. The job center determines whether a request can be met.

Amount of the grant

§ 22. The amount of the grant of the grant or the expenditure on the temporary agency shall be equal to the high rate of the student hourly rate laid down in the Agreement between the HK and the state, cf. however, section 24. The amount of the subsidy shall be determined by the job centre on the part of the personal assistant's ancienity of the subsidy scheme.

Paragraph 2. In cases where special qualifications are required for the personal assistant, the job centre may, by a specific assessment, provide a subsidy corresponding to the ordinary rate for the work in question.

Paragraph 3. The amount of the subsidy may not exceed the actual salary cost of the personal assistant.

-23. In addition to grants to pay grants may be granted for holiday allowances, holiday allowances, and to sickness benefits, which are not reimbursed by other public authorities, ATP, AER, pension contributions, 1. and 2. the day of unemployment, the general work environment tax, any contribution from the company to the Education Fund (AUF), in accordance with separate law, special statutory insurance schemes, etc.

Paragraph 2. The one in paragraph 1. Paragraph 1 may not be granted for expenditure on temporary agency.

§ 24. For assistance in the form of character language chair, mouth-hand-system interpreting and writing-interpretation, cf. § 12, paragraph 1. 4, shall be provided by a supplement corresponding to the prescribed rate of sign language duty. The amount of the subsidy may not exceed the rate set by the Centre for deaf people.

Payment of grants

§ 25. The job service is paying out on a request grant to the assistant's salary or refund the travel expenses of the Assiegis. The subsidy shall be paid to the establishment or to the self-employed person. Deposits to pay and reimbursement of travel expenses shall be paid no later than the end of each quarter on the basis of accounts of the documented costs of the assistance.

Paragraph 2. The job center can pay out grants for character language interpreting etc. in accordance with section 12 (2). 4, directly to the organisation and so on from which aid is requested. The grant may be paid only to organisations, etc., to have business address or banking connections in Denmark.

Paragraph 3. The employment centre may not be paying out grants for periods more than three months before the application for section 21 (3). 1 was received at the job center.

SECTION 26. Applications for payment of grants must contain information about the company name, registration and telephone number, address and telephone number, and registration and bank account number, the person with disabilities ' s name, CPR no. and the number of working hours for which paid for personal assistance or paid remuneration to a temporary agency or to interpretation after paragraph 12 (3). 4, in the quarter.

Paragraph 2. The beneficiary shall sign on the faith and promise that the information that is provided is correct.

§ 27. The request for payment must be sent to the job center by no later than the end of each quarter. The job center is paying the subsidy or reimbursed travel expenses within 14 days after the job center has received the request.

Information to be confidential

§ 28. It is the responsibility of the person with disabilities and the undertaking to provide the necessary information for the processing of the application by the job centre.

Paragraph 2. The job centre may, with the consent of the applicant, obtain the necessary information from other authorities or institutions, etc.

§ 29. The person with disabilities and the company must provide the job center information about changes in working conditions, in training or in the scope of the disabled for the payment of grants.

Chapter 4

Personal assistance during post and continuing training

-$30. In addition to support for personal assistance after Section 16, assistance may be provided to the persons participating in the after-and training period. It is a condition that the person with disabilities is not eligible for special educational assistance in the form of personal assistance under the legislation on the training or special pedagogical support to participate in the person concerned ; education.

§ 31. Personal assistance may be provided to :

Wage earners and self-employed persons who are outside normal working hours in general, after-and further training in the particular profession.

Tenant participating in

1) offer of guidance and training, in accordance with the law of active employment,

2) training with reimbursement, in accordance with the law of reimbursement, in vocational training, adult and training, cf. the section 2 (2) of the same law. 1, no. 3,

3) training with the support under the State's adult education support (SVU), or

4) training with respect to the maintenance of the daily allowance in accordance with section 62 a of the law on unemployment insurance and so on.

§ 32. When personal assistance is provided to an idle, the assistant will be placed on the job centre or requested in accordance with section 12 (2). Three or four.

§ 33. Deposits may be given to class hours and in preparation for the person with disabilities in need of assistance in preparation. Deposits may be granted up to 20 hours per year. Average week on average per Quarter. In exceptional cases, grants may be granted up to full time (d.v.s. up to 37 hours per week).

Paragraph 2. Grant must be given for a specific period and for a particular degree of training.

§ 34. The rules laid down in Chapter 3 shall also apply in the case of personal assistance during the course of training.

Chapter 5

Appeal access

$35. Complaints of the decisions of the job centre on grants for personal assistance in accordance with Chapter 3 and grants for personal assistance under Chapter 4 may, within 4 weeks of the date of the decision, be taken to the employment of the employment of the European Union ; of the one to which the decision relates. The Employment Board of Employment may disregard the overrun of the draft deadline when there are specific reasons for this.

Paragraph 2. The decision of the Employment Arrangement may not be brought to the second administrative authority. However, the Board of Appeal may, on the basis of a complaint, record a case for treatment when the Board of Appeal considers that the matter has a principle or general meaning, cf. § 50 a and § 63 (3). 2, in the law of legal security and administration in the social field.

Request for Opinion

§ 36. A person with a disability which has been refused employment or granting authorization pursuant to Chapter 2 may, within 4 weeks of the date on which the rejection has been received, request the Employment Board of an opinion on the question of whether or not the public employer ; or the authority has complied with the call or party in section 6 (1). 2 and 3, or § 8 (3). Two and three.

Paragraph 2. The Employment Board shall send a copy of the opinion to the chief administrative officer responsible for the employer or the authority if the employment name concerned finds that the rules on the discussion or the negotiating table are not complied with.

Entry into force-determination

§ 37. The announcement shall enter into force on 1. August 2009.

Paragraph 2. Publication no. 179 of 13. In March 2008, on compensation for disabled people in occupations, etc. is hereby repealed.

Labour market management, the eighth. July 2009Marie Hansen / Elsebeth Foged