Plant Regulation (WVO)

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WVO

Date of completion: 13.08.1980

Full quote:

" Werkstättenverordnung vom 13. August 1980 (BGBl. 1365), as last amended by Article 8 of the Law of 22 December 2008 (BGBl I). 2959).

Status:

Last amended by Art. 8 G v. 22.12.2008 I 2959

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 21.8.1980 + + +) 

  

(+ + + Do not apply measures due to EinigVtr in accordance with the provisions of this Regulation). Art. 109 No. 3 Buchst. e DBuchst. bb G v. 8.12.2010 I 1864 mWv 15.12.2010 + + +)
Heading: IdF d. Art. 55 No. 1 G v. 19.6.2001 I 1046 mWv 1.7.2001 Unofficial table of contents

Input formula

Pursuant to Section 55 (3) of the Law on the Disabled, as amended by the 8. October 1979 (BGBl. I p. 1649), with the approval of the Federal Council, the Federal Government decrees:

First section
Technical requirements for the workshop for disabled people

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§ 1 Principle of the uniform workshop

(1) The workshop for disabled persons (workshop) has to create the conditions for the fulfilment of their statutory tasks to ensure that they are the disabled persons within the meaning of § 136 (2) of the Ninth Book of the Social Code from their (2) The different nature of the disability and its effects shall be taken into account within the workshop through appropriate measures, in particular through the formation of special groups in the vocational training and work area shall be worn. Unofficial table of contents

§ 2 Technical Committee

(1) A technical committee shall be formed in each workshop. They belong to the same number

1.

Representatives of the workshop,

2.

Representatives of the Federal Employment Agency,

3.

Representatives of the local social welfare institution or the local social assistance institution designated under national law.

If the competence of another rehabilitation institution is to be considered for the provision of benefits for participation in the working life and supplementary benefits, the Technical Committee for the participation in the opinion shall also be responsible for representatives of that institution. in addition. He may also consult other persons for advice and should, if necessary, hear experts. (2) The technical committee shall give the disabled person to the workshop in relation to the person responsible in the case of admission to the workshop. Rehabilitationbearer an opinion on whether the disabled person needs services of a workshop for disabled people for their participation in the working life and for their integration into the working life or whether other services to participate in the Working life, in particular benefits of support employment according to § 38a of the ninth book of the Social Code. Unofficial table of contents

§ 3 Entry procedure

(1) The workshop shall carry out an entry procedure in consultation with the responsible rehabilitation carrier. The task of the entrance procedure is to determine whether the workshop is the appropriate institution for the participation of disabled persons in the working life and for integration into the working life within the meaning of § 136 of the ninth Book of the Social Code, as well as Which areas of the workshop and what services to participate in working life and supplementary benefits or benefits for integration into working life can be considered and a nomenclature to be drawn up. (2) The entry procedure takes three months. It can be shortened to a duration of up to four weeks if, during the initial procedure, it is found in the individual case that a shorter duration is sufficient. (3) At the end of the entry procedure, the Technical Committee, on a proposal from the Institution of the workshop and after consultation of the disabled person, including, where appropriate, his legal representative, having regard to all the circumstances of the individual case, in particular the personality of the disabled person and his/her behaviour during of the entry procedure, an opinion referred to in paragraph 1 in relation to the (4) If the Technical Committee comes to the conclusion that the workshop is not suitable for people with disabilities, it should also make a recommendation, which other institution or other measures, and which other benefits for participation for the disabled. It should also comment on the time after which a repetition of the initial procedure is appropriate and what measures and what other benefits should be carried out in the meantime. Unofficial table of contents

§ 4 Vocational training

(1) In consultation with the rehabilitation support responsible in the field of vocational training and in the work area, the workshop shall carry out measures in the field of vocational training (individual measures and training courses) to improve participation in working life. Inclusion of appropriate measures to develop the personality of the disabled person. It promotes the disabled people in such a way that they are able, at the latest after taking part in vocational training measures, to have at least a minimum of economically viable work in the sense of Section 136 (2) of the Ninth book (2) The offer of services for participation in the working life should be as broad as possible in order to ensure the type and severity of the disability, the different capacity, the possibility of development, and the suitability and inclination of the disabled people as far as possible. (3) The courses are available in a (4) In the basic course, skills and basic knowledge of different work processes are to be taught, including manual skills in dealing with different work processes. Materials and tools and basic knowledge of materials and tools. At the same time, the self-esteem of the disabled person and the development of social and work behaviour are to be promoted, as well as the focus of suitability and inclination to be determined. (5) In the course of the build-up, skills with higher Degree of difficulty, in particular in dealing with machines, and in-depth knowledge of materials and tools, as well as the ability to increase the endurance and load and to switch to different occupations in the working area (6) before the end of a measure within the meaning of the first sentence of paragraph 1, has the right to: to give an opinion to the competent rehabilitation carrier on whether or not

1.

participation in another or more advanced vocational training measure, or

2.

a repetition of the action in the field of vocational training or

3.

Employment in the work area of the workshop or on the general labour market, including an integration project (§ 132 of the ninth book of the Social Code)

is appropriate. The same applies in the event of premature departure or change of the measure in the field of vocational training and of the exit from the workshop. If the responsible rehabilitation carrier has granted the benefits for one year (Section 40 (3) sentence 2 of the Ninth Book Social Code), the Technical Committee shall also give it a technical opinion on it in good time before the end of this year, whether the benefits are to be granted for another year (Section 40 (3) sentence 3 of the Ninth Book Social Code). In addition, Section 3 (3) shall apply accordingly. Unofficial table of contents

§ 5 Workspace

(1) The workshop shall have as wide a range of workplaces as possible in order to ensure the type and severity of the handicap, the varying performance, the possibility of development and the suitability and inclination of the disabled as far as possible. (2) The number of jobs in their equipment should as far as possible correspond to those on the general labour market. In the design of places and work processes, the special needs of disabled people must be taken into account as far as possible in order to enable them to provide economically valuable work. The requirements for preparing for a placement on the general labour market must be taken into account. (3) In order to maintain and increase the efficiency of the vocational training sector and to develop the personality of the (4) The transition from disabled people to the general labour market must be promoted through appropriate measures, in particular through the establishment of a Transition group with special funding opportunities, development of individual funding plans , as well as possible training measures, practical work placements and temporary employment on outsourced jobs. In doing so, the workshop must ensure the necessary support during the transitional period and ensure that the person responsible for the rehabilitation of the patient is responsible for his or her benefits and after the disabled person has been left out of the Workshop the Integration Office, with the participation of an integration specialist, where appropriate, providing accompanying assistance in working and working life. The workshop has to involve the Federal Employment Agency in the implementation of the preparatory measures in the efforts to mediate in the general labour market. (5) The technical committee will be involved in the planning and implementation of measures. in accordance with paragraphs 3 and 4. At regular intervals, at least once a year, on a proposal from the institution of the workshop or of the competent rehabilitation institution, it shall give an opinion to the person responsible for the rehabilitation of the person responsible for the rehabilitation of the person who is responsible for the treatment of the patient. consider a transition to the general labour market and what transitional measures are needed to achieve this. In addition, Section 3 (3) shall apply accordingly. Unofficial table of contents

§ 6 Employment

(1) The workshop has to ensure that disabled persons can be employed in the vocational training and work area at least 35 hours and at most 40 hours per week. The number of hours includes breaks and periods of participation in measures within the meaning of Article 5 (3). (2) Persons with disabilities shall be able to have a shorter period of employment if it is due to the nature or severity of the disability or to the extent to which they are subject to the Fulfilment of the educational order appears necessary. Unofficial table of contents

§ 7 Size of the workshop

(1) The workshop shall normally have at least 120 places. (2) The minimum number referred to in paragraph 1 shall be deemed to be fulfilled if the workshop association, within the meaning of § 15, of which the workshop belongs, has this number of places. Unofficial table of contents

§ 8 Building design, equipment, location

(1) The structural design and equipment of the workshop must be based on the task of the workshop as an institution for the participation of disabled persons in the working life and for integration into the working life and the in § 136 of the ninth book The Social Code and the requirements set out in the first section of this Regulation. The requirements of occupational safety and accident prevention as well as the prevention of structural and technical obstacles must be taken into account. (2) In the choice of location, the integration into the regional economic and employment structure is (3) The catchment area must be dimensioned in such a way that the workshop can be reached for the disabled by public or other means of transport in the reasonable time. (4) The workshop has to be carried out in consultation with the competent authorities. Rehabilitation-carriers, where necessary, to organise a service. Unofficial table of contents

§ 9 Workshop Manager, professional staff for work and occupation promotion

(1) The workshop must have the necessary staff to carry out its tasks in accordance with the needs of the disabled, in particular taking into account the need for individual support for disabled persons. (2) The workshop manager should generally have a technical college degree in the commercial or technical field, or an equivalent level of education, sufficient professional experience and a special pedagogical qualification. Appropriate professional qualifications from the social sector are sufficient if the knowledge and skills required for the management of a workshop have been otherwise acquired in the commercial and technical field. The special educational qualification can be obtained in an appropriate period of time by taking part in appropriate training measures. (3) The number of skilled workers in the field of employment and vocational training in the vocational training and work area is determined by the following: the number and composition of disabled people, the nature of employment and the technical equipment of the work area. The number ratio of skilled workers to disabled people should be 1:6 in the vocational training area, in the working area 1:12. As a rule, skilled workers should have at least two years of professional experience in industry or craft trades; they must be pedagogically suitable and have a special educational qualification. Corresponding professional qualifications in the pedagogical or social field are sufficient if the other knowledge and skills required for an activity as a specialist are otherwise acquired for the vocational training and work area. . The third sentence of paragraph 2 shall apply. (4) In order to carry out the entry procedure, skilled workers in the vocational training sector and the accompanying services shall be employed, provided that the competent rehabilitation carrier does not have to meet higher requirements. Unofficial table of contents

§ 10 Monitoring services

(1) The workshop must have services accompanying the pedagogical, social and medical care of disabled persons, which meet the needs of disabled people. A necessary psychological care is to be ensured. Section 9 (1) shall apply mutagenically. (2) For each 120 disabled persons, a social worker or a social worker shall generally be available, in addition, in agreement with the competent rehabilitation providers, nursing, therapeutic (3) The special medical care of disabled persons in the workshop and the medical advice of the professional staff of the workshop by a doctor, who shall, if possible, also consult the doctor's office. to meet the requirements of a company doctor must: contractually ensured. Unofficial table of contents

§ 11 Training

In accordance with § § 9 and 10, the workshop has the opportunity to take part in further training measures. Unofficial table of contents

§ 12 Economic governance

(1) The workshop must be organised according to the principles of business management. In accordance with commercial principles, it has to carry out books and to prepare an operating settlement in the form of a cost centre bill. It is intended to draw up an annual accounts. In addition, the results of the work, its composition in accordance with paragraph 4, and its use shall be indicated. The accounts, the accounting and the annual accounts, including the determination of the results of the work, its composition in accordance with paragraph 4 and its use, shall be, as a rule, by a person at appropriate intervals. Examination of the annual financial statements (statutory auditor) of legal persons as required by federal law. Further commercial and divergent budgetary provisions relating to accounting, accounting and recording obligations as well as audit obligations shall remain unaffected. The accounts to be used, the breakdown of the annual accounts, the cost centre account and the intervals between the audits of the accounts shall be agreed with the relevant rehabilitation agents. (2) The The workshop must have an organisation and establishment plan with a functional description of the staff. (3) The workshop must aim at economic results in order to ensure that the disabled people employed in the work area are Performance of a reasonable remuneration within the meaning of § 136 (1) sentence 2 and § 138 of the (4) Work product within the meaning of § 138 of the Ninth Book and the provisions of this Regulation is the difference between the proceeds and the necessary costs of the current operation in the working area of the Workshop. The revenues are composed of revenues, interest and other income from the economic activity and the cost estimates provided by the rehab providers. The necessary costs of the current holding are the costs according to § 41 (3) sentence 3 and 4 of the ninth book Social Code within the framework of the agreements reached, as well as the costs related to the economic activity of the workshop of the necessary costs, which are usually incurred in an economic enterprise and as a result are not taken over by the rehabilitation bodies in accordance with Article 41 (3) of the Ninth Book of the Social Code, but not the costs for the Work fees according to § 138 (2) of the Ninth Book of the Social Code and the Employment grants according to § 43 of the ninth book of the Social Code. (5) The work result may only be used for the purpose of the workshop, namely for the purpose of the workshop.

1.

the payment of the work fees in accordance with § 138 (2) of the ninth book of the Social Code, usually at least 70 of the hundred of the work product,

2.

the formation of a reserve required to compensate for fluctuations in earnings, not more than one amount which is required to pay the work fees in accordance with § 138 of the ninth Book of the Social Code for six months,

3.

Replacement and modernization investments in the workshop, insofar as these costs are not to be covered by the reserves arising from depreciation of the fixed assets for such investments, from benefits of the rehabilitation carrier or from other revenue are or will be covered. Costs for the creation and furnishing of new plant and living places must not be disputed from the work result.

Deviating trade-law provisions concerning the formation of reserves shall remain unaffected. (6) The workshop shall determine the results of the work referred to in paragraph 4 and its use in accordance with paragraph 5 with respect to the two recognition authorities in accordance with § 142 Sentence 2 of the ninth Book of the Social Code, open at the request of the Book. They shall be entitled to check the information by inspection in the documents to be provided in accordance with paragraph 1. Unofficial table of contents

Section 13 Concluation of written contracts

(1) The workshops with the disabled persons employed in the working area shall, in so far as they are not applicable to the legislation or principles of law applicable to a contract of employment, have workshop contracts in written form , in which the employee-like relationship between the workshop and the disabled person is more closely regulated. (2) In the contracts referred to in paragraph 1, the payment of the pay in accordance with § 136 (1) sentence 2 and § 138 of the Ninth Book of the Social Code is also to be paid to the persons in the following. (3) (3) (omitted) Unofficial table of contents

§ 14 Participation

In accordance with Section 13 (1) sentence 1, the workshop has to enable the disabled person to participate in the affairs of the workshop which is in contact with their interests in accordance with § 139 of the ninth book of the Social Code. Unofficial table of contents

§ 15 Werkstattverbund

(1) Several workshops of the same carrier or different carriers within a catchment area within the meaning of section 8 (3) or with spatially related catchment areas may be used for the performance of the tasks of a workshop and of the (2) A workshop is to be sought if in the catchment area of a workshop there is also a special workshop within the meaning of § 137 (1) sentence 2 no. 2 of the Ninth book Social code for disabled persons with a certain type of disability exists. Unofficial table of contents

§ 16 Forms of workshop

The workshop can be a part-time institution or an organizationally independent part of a stationary facility (institution, home or similar facility) or a company.

Second section
Procedure for recognition as a workshop for disabled people

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§ 17 Recognition-capable facilities

(1) Only those facilities which meet the requirements set out in § 136 of the ninth Book of the Social Code and in the first section of this Regulation may be recognised as workshops. Derogations may be granted from requirements which are not compulsory where a particular objective reason justifies a derogation on a case-by-case basis. (2) In the case of workshops, such facilities may also be recognised as part of a the equipment and the requirements referred to in paragraph 1 shall not be fully complied with if the composite workshop meets the requirements. (3) workshops which are not yet fully in compliance with the requirements referred to in paragraph 1, but are ready and able to do so, the requirements can be met in a reasonable start-up period, under Conditions are recognised for a limited period. By way of derogation from § 7, if at the time of the decision on the application for recognition there are at least 60 places, provided that it is guaranteed that the workshop in the final extension, at the latest after 5 years, fulfils the conditions of § 7. Unofficial table of contents

§ 18 Request

(1) The recognition shall be requested in writing by the institution of the workshop. The applicant has to prove that the conditions for recognition are fulfilled. (2) The decision on the application shall require the written form. A decision is to be made within 3 months since the application was submitted. (3) The recognition takes place with the obligation to draw attention to the recognition as a workshop for disabled people in the course of business transactions.

Third Section
Final provisions

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§ 19

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Section 20 Differing regulations for workshops in the accession area

For repairers in the area referred to in Article 3 of the agreement, this Regulation shall apply with the following derogations:

1.

The provisions of Section 9 (2), third sentence and (3) sentence 5 shall apply to the recognised workshop (workshop of the catchment area) provided for by the Land for the performance of the tasks in the catchment area concerned, provided that the Workshop managers and at least one third of skilled workers in the field of employment and occupation up to 31 December 1995, another third to 31 December 1998 and the last third by 31 December 2001 at the latest on special education and training Additional qualification must be provided.

2.

The special educational qualification referred to in Article 9 (2) and (3) does not need to be obtained from persons who before 1 January 1993.

a)

the 50. have been completed and

b)

ten years in a workshop for people with disabilities or another facility for disabled people in a suitable function.

3.

§ 17 shall apply with the following measures:

a)

In the period from 1 July 1990 to 31 December 1992, workshops which have been accepted for a limited period of time until 31 December 1992 shall remain provisionally accepted until 30 June 1993 if the application for renewal of recognition is subject to the following conditions: To the extent to which the requirements and the conditions laid down are now being met, no later than 31 December 1992, and the application has not been made undisputable before 30 June 1993.

b)

For the purposes of point (a), even if the conditions laid down in paragraph 3 are not fulfilled, workshops may be temporarily recognised for a limited period beyond 30 June 1993, subject to conditions laid down by the Land for the performance of the tasks in question. the recognised workshop (workshop of the catchment area) in question is likely to accommodate the disabled persons of the temporarily recognised workshop, but at the latest by 30 June 1995. The requirements must ensure that the requirements set out in § 136 of the ninth Book of the Social Code and in the first section of this Regulation can be fulfilled as far as possible and economically justifiable as in the transitional period.

c)

The workshops referred to in point (a), which have been temporarily recognised under (b), may be accepted for a period of time beyond 30 June 1995, in each case for a further year, if the workshop of the catchment area is the disabled person. of the temporarily recognised workshop at this point in time, cannot be taken up.

d)

In the case of renewal of the recognition of repairers within the meaning of point (a) in accordance with Article 17 (3), the five-year period specified in the second sentence shall apply from the date of adoption of the decision on the request for renewal.

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Section 21 Entry into force

This Regulation shall enter into force on the day after the date of delivery.