Indicator 3(B): Do people with mental disabilities get access to mainstream employment? Is the employment system sufficiently inclusive?
Conclusion:
No. The Czech government maintains a systems of sheltered employment rather than supporting people with disabilities to join the open labour market.
Explanation:
The Employment Act 2004[58] made some positive changes to employment services for people with disabilities – for example introducing vocational rehabilitation[59] – however full inclusion of people with disabilities in the regular work force has not been achieved.[60] Sheltered work-places or workshops specifically for people with disabilities are officially encouraged.
Reductions to the minimum wage[61] and the lack of jobs for people with disabilities are more pronounced in the case of people with higher support needs.[62] The Employment Act states that a person with a serious disability – with a ‘third degree of invalidity’ – cannot be registered as a job seeker by the Labour Office unless he or she can perform ‘gainful activity’.[63] This leads to the exclusion of more than 200,000 people with disabilities from the labour market.
The Employment Act provides for ‘vocational rehabilitation’ which aims to support people with disabilities to find and retain employment.[63] This provides access to advice, support and training.[65] Vocational rehabilitation also secures funding for rehabilitation services based on a contractual relationship between the labour office and a rehabilitation service provider.[66] National NGOs have claimed that although the number of people with disabilities benefitting from the vocational rehabilitation scheme has grown since 2009, it is still insufficient in scope.[67]
[58] Act No. 435/2004 Coll., the Employment Act, Part 3.
[59] Šiška, Fundamental Rights situation of persons with mental health problems and persons with intellectual disabilities: desk report Czech Republic, 13.
[60] “Alternative report for the UN Committee on the Rights of Persons with Disabilities”, 37-38.
[61] Ibid, 38.
[62] Ibid, 37-38.
[63] 25(2)(d) of the Employment Act, available at https://portal.mpsv.cz/sz/obecne/prav_predpisy/akt_zneni/zoz_od_1-4-2012_en.pdf (last accessed: 23 September 2014).
[64] Article 69 of the Employment Act.
[65] Article 69(3) of the Employment Act.
[66] The service is based on an individual vocational rehabilitation plan.
[67] 120 people with disabilities accessed employment rehabilitation in 2010. The project costed 3,594,000 CZK (146,100 EUR). “Alternative report for the UN Committee on the Rights of Persons with Disabilities”, Czech Republic, 40.