Le législateur a mis en place une procédure administrative spécifique permettant de reconnaître la capacité de travail des personnes en situation de handicap : la RQTH. Le législateur de 2005 a ...profondément remanié la procédure de la RQTH offrant une place centrale aux personnes en situation de handicap. Si on ne peut que saluer la mise en place d’une telle procédure, elle reste encore largement perfectible, notamment quant à l’imprécision de ses critères d’attribution ou à la conciliation entre respect du contradictoire et du secret médical. Le législateur a, par ailleurs, renforcé la justiciabilité de ces décisions en multipliant les modes de contestations. Cependant, l’absence de juridiction spécialisée en matière de handicap ne permet pas de dégager une jurisprudence harmonieuse et rend ce contentieux parfois illisible, source d’insécurité juridique. Les décisions de RQTH s'accompagnent de l’orientation professionnelle des travailleurs handicapés vers le marché du travail ou le milieu protégé. Cette décision aura une incidence majeure sur leurs droits sociaux. Si les premiers auront le statut de salarié, les seconds seront assimilés à des usagers d’un service social ou médico-social. Si les progrès accomplis en faveur de l’emploi des personnes en situation de handicap sont incontestables, on peut en revanche s’interroger sur la pertinence et l’efficacité des mesures mises en œuvre. Les chiffres du chômage témoignent en effet de leurs difficultés persistantes en matière d’insertion professionnelle
The legislator has put in place a specific administrative procedure to recognize the work capacity of persons with disabilities : the RQTH. The 2005 legislature has radically revised the RQTH procedure, which provides a central place for people with disabilities. While one can only welcome the establishment of such a procedure, it is still largely perfectible, particularly as regards the vagueness of its award criteria or the reconciliation between respect for the adversarial and medical secrecy. The legislator has, moreover, reinforced the justiciability of these decisions by multiplying the modes of challenge. However, the absence of specialized jurisdiction in the matter of disability does not allow to draw harmonious jurisprudence and makes this dispute sometimes illegible, Legal uncertainty. RQTH decisions are accompanied by the vocational guidance of disabled workers into the labor market or the sheltered environment. This decision will have a major impact on their social rights. If the former have the status of employee, the latter will be assimilated to users of a social or medico-social service. While the progress made in the employment of people with disabilities is indisputable, it is possible to question the relevance and effectiveness of the measures implemented. Unemployment figures show their persistent difficulties in terms of employability
As recently as 15 years ago, the high level of Disability Insurance (DI) enrollment was considered to be one of the major social and economic problems of the Netherlands; indeed, the Netherlands was ...characterized as the country with the most out-of-control disability program of OECD countries. But since about 2002, the Netherlands has seen a spectacular decline in its Disability Insurance enrollment rate. Radical reforms to the Dutch DI system were implemented over the period 1996 to 2006. We cluster these reforms in three broad categories: 1) reducing the incentives of employers to move workers to disability; 2) increased gatekeeping; and 3) tightening disability eligibility criteria while enhancing worker incentives. The reforms appear to have been very effective. Since 2002, yearly DI inflow rates dropped from 1.5 percent in 2001 to about 0.5 percent of the insured population in 2012. We argue that particularly the interaction of employer incentives and formal employer obligations has contributed to the substantial decrease in DI inflow. On the downside, however, it seems workers with bad health have sorted into temporary employment—without employers bearing the financial responsibility of their benefit costs.
The adverse employment effects that attach to disability are empirically well established. They are large and persistent. This is a conceptual article that investigates the source of this deep and ...enduring employment disadvantage. Debate begins by examining the origins of ideas that have shaped approaches to work study and have influenced concepts of what constitutes an ideal worker. Drawing on feminist critiques of organisational analysis that have highlighted the gendered character of processes, practices and values, it explores the relatively neglected position of disabled employees. With reference to transcripts from four Employment Appeal Tribunals brought under the Disability Discrimination Act, it illustrates how standard jobs, designed around ideal (non-disabled) employees, create a mismatch between a formal job description and someone with an impairment. We suggest this mismatch is central to the organisation's resistance to implementing adjustments and also to any radical approaches to include impaired employees in the workplace.
Abstract Objective: To determine the most effective way of helping people with severe mental illness to obtain competitive employment—that is, a job paid at the market rate, and for which anyone can ...apply. Design: Systematic review. Participants: Eligible studies were randomised controlled trials comparing prevocational training or supported employment (for people with severe mental illness) with each other or with standard community care. Outcome measures: The primary outcome was number of subjects in competitive employment. Secondary outcomes were other employment outcomes, clinical outcomes, and costs. Results: Eleven trials met the inclusion criteria. Five (1204 subjects) compared prevocational training with standard community care, one (256 subjects) compared supported employment with standard community care, and five (484 subjects) compared supported employment with prevocational training. Subjects in supported employment were more likely to be in competitive employment than those who received prevocational training at 4, 6, 9, 12, 15, and 18 months (for example, 34% v 12% at 12 months; number needed to treat 4.45, 95% confidence interval 3.37 to 6.59). This effect was still present, although at a reduced level, after a sensitivity analysis that retained only the highest quality trials (31% v 12%; 5.3, 3.6 to 10.4). People in supported employment earned more and worked more hours per month than those who had had prevocational training. Conclusion: Supported employment is more effective than prevocational training at helping people with severe mental illness obtain competitive employment.
This article assesses the extent to which employers displaying the Positive About Disabled People 'Two Ticks' symbol adhere to the five commitments they are expected to uphold and whether adherence ...to these commitments is greater in Two Ticks than non-Two Ticks workplaces. It also assesses levels of employer support for and dialogue with Disability Champions in Two Ticks workplaces. These issues are explored in the public and private sectors separately. The analysis finds only limited adherence to the five commitments in Two Ticks workplaces, no consistent evidence that adherence is higher in Two Ticks than non-Two Ticks workplaces and limited evidence of support for and dialogue with Disability Champions in Two Ticks workplaces. It also finds little evidence of variation between public and private sector workplaces.
Tasubinsa is a "Special Employment and Occupational Center" constituted in accordance with Spanish Law where 90% of the workers have mental, sensorial or physical impairments of at least 30%. Its ...positive experience of more than 15 years provides entirely different responses from mainstream neoclassical theory (transaction cost theory, agency theory, and shareholder theory) to basic questions such as "What is a firm?", "What is its purpose?", "Who owns a firm?", and "What do a firm's owners seek?". The article discusses how these different premises give rise to a distinctive corporate culture centered on the handicapped person.
A model of factors thought to affect the treatment of disabled individuals in organizations is presented. Specifically, the model suggests that person characteristics (e.g., attributes of the ...disabled person, attributes of the observer), environmental factors (i.e., legislation), and organizational characteristics (e.g., norms, values, policies, the nature of jobs, reward systems) combine to affect the way disabled individuals are treated in organizations. Furthermore, the model indicates that the relationships just noted are mediated by observers' cognitions (i.e., categorization, stereotyping, expectancies) and affective states. Finally, the model predicts that the disabled person's responses feed back to modify observers' expectancies and organizational characteristics. Implications for conducting research on disability issues and facilitating the inclusion of disabled individuals in organizational settings are discussed.
A number of OECD countries aim to encourage work integration of disabled persons using quota policies. For instance, Austrian firms must provide at least one job to a disabled worker per 25 ...nondisabled workers and are subject to a tax if they do not. This "threshold design" provides causal estimates of the noncompliance tax on disabled employment if firms do not manipulate nondisabled employment; a lower and upper bound on the causal effect can be constructed if they do. Results indicate that firms with 25 nondisabled workers employ about 0.04 (or 12%) more disabled workers than without the tax; firms do manipulate employment of nondisabled workers but the lower bound on the employment effect of the quota remains positive; employment effects are stronger in low-wage firms than in high-wage firms; and firms subject to the quota of two disabled workers or more hire 0.08 more disabled workers per additional quota job. Moreover, increasing the noncompliance tax increases excess disabled employment, whereas paying a bonus to overcomplying firms slightly dampens the employment effects of the tax.
This article 'gives voice' to disabled employees by documenting their experiences of negotiating workplace adjustments under the terms of the UK's Disability Discrimination Act, 1995. This ad hoc ...process of 'negotiation' is explored through in-depth interviews that reveal persistent problems with the character of legislation and its implementation in public sector organizations. Negotiations on adjustments were characteristically highly individualized and outcomes almost entirely contingent upon the knowledge, attitudes and goodwill of poorly trained line managers. The adjustment process itself often led to instances of bullying by managers, resulting in stress and ill health among employees. An analysis of managers' behaviour in the context of wider debates on power and organizational decision-making concludes that, even where outcomes are positive for employees, managers still choose to abdicate responsibility in this area. Such behaviour represents a form of non-decision-making that is essentially political in character and has wider implications for equality agendas.
This article examines levels of time stress reported by people with and without disabilities. Using data at an individual level from the Time Use Survey for Spain in 2002–2003, we estimate an ordered ...probit model to investigate the determinants of time stress by disability status. We find that disabled individuals work fewer hours, have more free time and engage in more household labour as compared to the non-disabled. The estimation results show that disabled workers (especially those who are severely or moderately limited in their daily activities) suffer from more stress than their non-disabled counterparts. In addition, longer working hours increase the levels of time stress reported by all individuals, but more intensely so among disabled workers.
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