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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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=125907

Overview (table of contents) Chapter 1 Purpose and personae

Chapter 2 preferential access

Chapter 3 personal assistance for persons with disabilities in the profession, etc.

Chapter 4 personal assistance during in-service training

Chapter 5 appeals The full text of the Ordinance on compensation for persons with disabilities in the profession, etc.

Pursuant to § 3, paragraph 2, article 7, paragraph 5, section 11, paragraph 14 (a), paragraph 5, section 16 (a), paragraphs 2 and 3 of the law on compensation to disabled people in professions and so on, see. lovbekendtgørelse nr. 727 of 7. July 2009 shall be determined:

Chapter 1

Purpose and personae

§ 1. The purpose of the rules on compensation for persons with disabilities in the profession, etc. is to give persons with disability compensation for disability, so that these persons will be treated as persons without disabilities and thus receive the same opportunities for professional practices.

Chapter 2

Preferential access

Preferential access by employment with public employers, appropriation for stalls, etc. and taxi services

§ 2. By filling a vacant position is public employers required to give a person on the grounds of disability has difficulty getting employment in the ordinary labour market, privileged access to the vacant position, if the person with a disability after the employer assessment is just as qualified as the other candidates.

(2). Similar applies to public authorities by grant for vacant stalls, newspaper and magazine kiosks, chocolate and tobacco sale or other permissions, CONACRE lettings and similar articles of similar nature as well as authorization to use taxi services, see. However, § 9.

(3). The provision in paragraph 1 shall cease to apply, provided that the said work hired someone who is already employed in the company or institution.

§ 3. Preferential access is guaranteed by the right to a job interview, see. section 6, paragraph 2, and article 8, paragraph 2, and by negotiating the obligation referred to in article 6. section 6, paragraph 3, and § 8, paragraph 3.

(2). Refusal of employment or assignment of authorization must comply with administrative law, among other things. Chapter 6 on justification.

Employment with public employers

§ 4. By public employers shall mean:





1) municipalities, regions and local communities,

2) State institutions and

3) organizations, associations, companies, institutions and the like, where at least 50% of the costs covered by Government grants.





§ 5. When the job centre receives letter from a person on the grounds of disability has difficulty getting employment in the ordinary labour market and which, after jobcenterets the beauty will be able to dispute a work task, the job centre to register all relevant information on the question, including training and other qualifications as well as the nature and extent of the disability.

§ 6. It is the job centre, which determines whether a person with disability has difficulty getting employment in the ordinary labour market. If the job centre estimates that a person with a disability will be able to contest a vacancy, as the job centre has gained knowledge with a public sector employer, the job centre contact the employer concerned about recruitment.

(2). The public employer is obliged to summon an applicant with disabilities covered by paragraph 1, to a personal job interview before a vacancy filled. This also applies if an applicant with disability even address the employer recruitment and has pointed out that preferential access desired used, unless the applicant does not meet the formal educational requirements for the vacancy. Obligation to convene job interview apply whenever a vacancy to be filled, although we are talking about the same position type.

(3). If the applicant with disability does not fill the vacancy, the employer must wait to fill the position until the employer





1) has provided a written statement for the job centre, why not desired employee and applicant

2) in the light of the statement has been negotiating with the job centre as to whether the applicant will be employed in the post anyway. The job centre shall prepare a written record of the debate.





§ 7. When an applicant with disability looking for privileged access to a vacancy in its municipality, the job centre in the neighbouring municipality of process the application under section 6, after one of the national labour market authority developed overview.

Appropriation of stalls, etc. and appropriation for taxi services

§ 8. Public authorities must notify the job centre on appropriations for vacant stalls, newspaper and magazine kiosks, chocolate and tobacco sale or other permissions, CONACRE lettings and similar articles of similar nature as well as on the available appropriations for taxi services.

(2). The competent authority is obliged to summon an applicant with a disability, which is set by the job centre to an appropriation in accordance with paragraph 1, for a personal interview before the authorization is assigned. This also applies if an applicant with disability even searched a vacant appropriation and has pointed out that preferential access desired used, unless the applicant with disability is obviously inferior qualified than the other candidates.

(3). If the applicant with disability does not assign the available appropriation, after that the job centre has set with the advantage, the public authority shall wait to assign authorization until the authority





1) has provided a written explanation of why the job centre the public authority do not want to assign the authorization to the applicant and

2) in the light of the statement has been negotiating with the job centre as to whether the applicant will be able to be assigned to the appropriation anyway. The job centre shall prepare a written record of the debate.





§ 9. The competent authority may choose not to assign authorization to use taxi services to an applicant with a disability, if the applicant does not fulfil the conditions of § § 3-7 in the Traffic Ministry Decree No. 220 of 31. March 2000 on taxi services, etc., or if the applicant is not able to perform the job functions, which are normally incumbent on the driver of a taxi.

Chapter 3

Personal assistance for persons with disabilities in the profession, etc.

Personal scope

§ 10. Can be provided personal assistance to unemployed, wage earners and self-employed persons because of a lasting and significant physical or mental disability need special personal assistance.

Categories, etc.

§ 11. Personal assistance is available to people with disability, which





1) seeking employment or are employed in a position in ordinary wage and conditions of employment,

2) seeking employment or are employed in jobs with wage subsidies in accordance with the Act on an active employment efforts

3) seeking employment or are employed in Flex jobs after the Act on an active employment efforts

4) participating in the offer of business internship after law on an active employment efforts

5) seeking employment or are employed in the older worker job after law on older worker job or

6) is planning to establish self-employment or is self-employed on the regular labour market.





(2). The reimbursement for personal assistance can only be granted when the person is in business.

Conditions of employment for Assistant

§ 12. Reimbursement for personal assistance is granted to an undertaking for the payment of a personal assistant to a member of staff or someone who will fill in the company, or for the company's owner, see. However, paragraph 6.

(2). The personal assistant employed in the undertaking on normal conditions of employment.

(3). The personal assistant, with the agreement of the company can be obtained from an employment agency.

(4). Instead of personal assistance in accordance with paragraphs 2 and 3, may, with the agreement of the company be requested assistance as a sign language interpreter or mouth hand system interpreter (MHS) in accordance with the Decree on training for sign languages and mouth hand system interpreter or as read-interpreter.

(5). The person with the disability must prior to hiring or requiring the submission of an Assistant to approve this.

(6). When granting personal assistance to a vacant, taking part in traineeship, in accordance with article 3. § 11 (1) (8). 4, or who participates in continuing education prior to the start of a concrete employment relationships, see. section 16 (1), the Assistant hired by the job centre or can be requested in accordance with paragraph 3 or 4.

Appropriation and extent of grants

§ 13. The personal assistant will assist the person with practical work functions and functions deriving from employment, and as the question due to functional reduction in need of special assistance.

(2). The assistance can be allocated to several assistants. The total amount of assistance may not exceed the maximum number of hours that can be granted, without prejudice to article. § 15.

§ 14. Grants may not be awarded for personal assistance, if the profession is incompatible with reduction function. The person with functional reduction must be able to perform the substantive tasks.

(2). The appointment of the personal assistant must not have character of temporary coverage or General Assistant.


§ 15. Subsidies can be granted for up to 20 hours per week on average per quarter for employees and self-employed persons who work 37 hours per week. By fewer working hours are calculated pro rata subsidy.

(2). A person who has more than one disability or have a very significant impairments, can after a concrete assessment get funding up to full time (d.v.s. up to 37 hours per week). After a concrete assessment, persons with disability, URf.eks. Deafblind, obtain grants in addition to 37 hours per week.

(3). In the context of continuing education prior to a specific employment conditions, see. section 16, paragraph 1, can be granted up to full time. Grants can be given to teaching hours as well as for preparation, if the person with disability in need of assistance in the preparation.

(4). Authorization may be granted for a specified period or until further notice. No later than one year after the authorization is given, the job centre take a position on whether an authorization may continue.

Assistance during training

§ 16. Unemployed people with a lasting and significant physical or mental disability can receive reimbursement for personal assistance during training prior to the start of a concrete employment relationship. The grant can only be granted when the person is in training.

(2). Employees with a lasting and significant physical or mental disability can receive reimbursement for personal assistance during participation in courses that are a part of the work, shall be paid by the employer and be phased out during working hours. The same goes for employees who participate in AMU-courses that are a part of the work and settled during working hours.

(3). Self-employed persons with a lasting and significant physical or mental disability can receive reimbursement for personal assistance during participation in courses that are a common part of continuing vocational training in the relevant branch.

(4). The personal assistant employed in the company.

(5). When granting personal assistance to a vacant, valued the personal assistant of the job centre or be obtained from an employment agency.

Assistance during illness, etc.

§ 17. The job centre can disburse grants to the company during sickness absence among people with impairments. It is a condition that the employer is obliged to pay the salary of the Assistant in the absence period.

(2). Before the grant can be paid, the employer must declare on their honour that the employer is obliged to pay the salaries of Assistant in the period in which the person with the disability is absent.

(3). The job centre to be through prolonged illness of the person with disability take a position on whether the authorization should continue

§ 18. The job centre can disburse grants to the company, when the personal assistant is absent from his duties due to illness. It is a condition that the employer is obliged to pay the salaries of Assistant during absences and the employer do not simultaneously receive reimbursement from the public in accordance with the law on sickness benefits or law on the right to leave and daily allowance in the event of childbirth.

(2). Before the grant can be paid, the employer must declare on their honour





1) that the employer is obliged to pay the salaries of Assistant during periods when this is absent and

at the same time, the employer receives reimbursement 2) according to the rules laid down in the law on sickness benefits and the law on the right to leave and daily allowance in the event of childbirth.





§ 19. If the personal assistant is expected to be absent because of prolonged illness or similar, can be granted for the recruitment of a temporary worker for the personal assistant.

Grants for assistance during work-related travel

§ 20. A company or self-employed person can get refunded substantiated reasonable travel expenses for the personal assistant, if the Assistant has accompanied the person with disability in connection with work-related travel, including abroad.

(2). In addition to direct travel expenses may be granted reimbursement of other expenses for the personal assistant, URf.eks. hour-per diem allowances paid by the employer according to the agreement, employment contract or employment law, moreover, are required to pay.

(3). The employer must declare on their honour that this is obliged to pay the expenditure referred to in paragraph 2 before the grant is paid.

Application for personal assistance

§ 21. Application for personal assistance shall be submitted by the person with the disability to the job centre in the municipality in which the person with functional reduction resides.

(2). The application must include a statement





1) name, address, social security number. and position,

2) person is hired as an employee or is self-employed,

3) functional reduction art,

4) the specific job functions or functions in connection with participation in training/courses, sought assistance,

5) number of hours for which assistance is requested and

6) the period for which you require assistance.





(3). Employees who are looking for personal assistance, must also indicate the name and address of the employer, and whether the persons concerned are employed in regular employment in jobs with wage subsidies, in Flex jobs or older worker job.

(4). The job centre decides whether an application can be met.

Grant size

§ 22. The amount of wages or to the cost of employment agency similar to the student hourly pay rate set out in the agreement between BHP and State regulation. However, section 24. The amount is determined by the job centre apart from the personal the assistens seniority in the grant scheme.

(2). In cases where there is a need for specific qualifications of the personal assistant, the job centre after a concrete assessment, can make a contribution corresponding to the ordinary rate for such work.

(3). The grant may not exceed the actual salaries expense for the personal assistant.

§ 23. In addition to supplements to wages can grant is granted to holiday pay, holiday allowance, as well as for sickness benefit, which is not reimbursed by another public authority, ATP, AER, pension contributions, 1. and 2. ledighedsdag, the General safety and health tax, any contribution from the company with labour market Training Funding (AUF) after separate law, specific statutory insurance schemes etc.

(2). The grant referred to in paragraph 1 may not be granted for the cost of temporary-work agency.

§ 24. For assistance in the form of sign language interpretation, foot-hand-system interpretation and write interpretation, see. Article 12, paragraph 4, shall be granted a subsidy equivalent to the ordinary rate for sign language interpretation. The grant may not exceed the rate provided by the Center for the deaf.

Payment of grants

§ 25. The job centre pays out, on request, grant to the Assistant salary or will refund the Assistant travel expenses. The grant shall be paid to the company or the self-employed. Reimbursement for salary and reimbursement of travel expenses shall be paid at the latest after the end of each quarter, on the basis of records of the documented expenses for the Assistant.

(2). The job centre can disburse grants for sign language interpretation, etc. pursuant to section 12 (4) directly to the Organization, etc., from which assistance is requested. There can only be paid subsidies to organisations, etc., which have a business address or bank account in Denmark.

(3). The job centre may not disburse grants for periods of time, which is more than 3 months before the application under section 21 (1) is received in the job centre.

section 26. Request for payment of the reimbursement shall include the company name, VIEW-nr., address, and phone number entered, as well as registration and bank account number, the person with disabilities name, CPR-nr. and address, as well as the number of hours for which the salary paid to the personal assistance or paid remuneration to an employment agency or to interpretation under section 12 (4) of the quarter in question.

(2). The beneficiary of a signer on my honour that the information provided is correct.

§ 27. Withdrawal request must be sent to the job centre at the latest after the end of each quarter. The financial contribution shall be paid by the job centre or shall reimburse travel costs within 14 days after the job centre has received the request.

Accountability

section 28. It is the responsibility of the person with disability and the company to provide the necessary information to use for jobcenterets examination of the application.

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

section 29. The person with the disability and the company must give the job centre information on changes in working conditions, in training or in the extent of disability is of importance for the payment of grants.

Chapter 4

Personal assistance during in-service training

section 30. In addition to support for personal assistance pursuant to section 16, may be granted assistance to persons referred to in section 10, participating in continuing training. It is a condition that the person with the disability is not entitled to special educational support in the form of personal assistance in accordance with the legislation of the relevant education or special educational support for participation in the relevant training.

section 31. Personal assistance may be granted to:





Employees and self-employed persons outside of normal working hours participating in regular and continuing education within the profession.






Available, participating in







1) offer of guidance and skills in accordance with the Act on an active employment efforts

2) training with compensation in accordance with the law on allowances for participation in vocational adult and continuing education, see. same law, § 2, paragraph 1, no. 3,

3) training with support after the law on the State adult education support (SVU), or

4) training with preservation of daily subsistence allowance entitlement under section 62 (a) of the law on unemployment insurance, etc.





section 32. When granting personal assistance to a vacant, valued Assistant by the job centre or be requested under section 12, paragraph 3 or 4.

section 33. Grants can be given to teaching hours as well as for preparation, if the person with disability in need of assistance in the preparation. Grants may be awarded up to 20 hours per week on average per quarter. There may in exceptional circumstances be financed up to full time (d.v.s. up to 37 hours per week).

(2). Authorization shall be granted for a specified period and with a specific training.

§ 34. The rules in Chapter 3 shall, moreover, be applied in personal assistance during in-service training.

Chapter 5

Access to justice

section 35. Complaint about jobcenterets decisions on reimbursement for personal assistance in accordance with Chapter 3 and reimbursement for personal assistance during vocational training in accordance with Chapter 4, may, within 4 weeks after the date of the decision be challenged before the Appeals Board of the employment, as the decision relates. Employment Appeals Tribunal can ignore the overshooting of the complaint period, when there are special reasons for this.

(2). Employment decision cannot be challenged before the Supreme Administrative authority. The Appeals Board may however, on the basis of a complaint record a case to treat, when Reviewing Agency is of the opinion that the matter has in principle or general significance, see. section 50 (a) and section 63, paragraph 2, of the law on legal security and administration in the social sphere.

Request for opinion

§ 36. A person with disability who have been denied employment or assignment of appropriation in accordance with Chapter 2, may, within 4 weeks from the date on which the refusal is received, request the Employment Appeals Tribunal for an opinion as to whether the employer or public authority has complied with conversation-or negotiating the obligation in article 6, paragraphs 2 and 3, or section 8, paragraphs 2 and 3.

(2). Employment Appeals Tribunal sends a copy of the opinion to the Chief administrative officer of the authority, if the employer or the Employment Appeals Tribunal considers that rules of conversation or negotiation obligation is not complied with.

Entry-into-force provision

section 37. The notice shall enter into force on the 1. August 2009.

(2). Executive Order No. 179 of 13. March 2008 on compensation to disabled people in professions, etc., shall be repealed.
Arbejdsmarkedssstyrelsen, the 8. July 2009 Marie Hansen/Elsebeth Bailiff