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Please note that this information gives general guidance only and should not be treated as a complete and authoritative statement of the law.
In this list, the items marked with a "+" are instruments implementing the main legislation.
1) Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation
2) Directive 2001/85/EC (relating to special provisions for vehicles used for the carriage of passengers comprising more than eight seats in addition to the driver’s seat)
3) Directive 1999/5/EC (on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity)
4) Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and the free movement of such data
5) Directive 95/16/EC of the European Parliament and of the Council of 29 June 1995 on the approximation of the laws of the Member States relating to lifts (OJ L 312, 7.9.1995, p.1)
6) Commission Regulation (EC) No 2204/2002 of 12 December 2002 on the application of Articles 87 and 88 of the EC Treaty to State aid for employment
7) Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air Text with EEA relevance. OJ L 204, 26.7.2006 p.1-9
8) Regulation of the European Parliament and of the Council on rail passengers'rights and obligations
9) Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services (Universal Service Directive)
10) Regulation (EC) N° 1177/2003 of the EP and Council of 16 June 2003 concerning Community statistics on income and living conditions (EU-SILC)
+ Commission Regulation (EC) N° 1981/2003 of 21 October 2003 implementing Regulation (EC) 1177/2003 of the EP and Council concerning Community statistics
on income and living conditions (EU-SILC) as regards definitions and updated definitions.
+ Commission Regulation (EC) N° 1982/2003 of 21 October 2003 implementing Regulation (EC) 1177/2003 of the EP and Council concerning Community statistics
on income and living conditions (EU-SILC) as regards the sampling and tracing rules.
+ Commission Regulation (EC) N° 1983/2003 of 7 November 2003 implementing Regulation (EC) 1177/2003 of the EP and Council concerning Community statistics
on income and living conditions (EU-SILC) as regards the list of target primary variables.
+ Commission regulation (EC) N° 28/2004 of 5 January 2004 implementing Regulation (EC) 1177/2003 of the EP and Council concerning Community statistics
on income and living conditions (EU-SILC) as regards the detailed content of intermediate and final quality reports.
+ Regulation (EC) N° 1553/2005 of the EP and Council of 7 September 2005 amending Regulation (EC) N° 1177/2003 of the EP and Council of 16 June 2003
concerning Community statistics on income and living conditions (EU-SILC).
+ Commission Regulation (EC) N° 698/2006 of 5 May 2006 amending Commission Regulation (EC) N° 1981/2003 implementing Regulation (EC) 1177/2003 of the EP and Council concerning Community statistics on income and living conditions (EUSILC) as regards definitions and updated definitions.
11) Council Regulation (EC) 577/98 of 9 March on the organisation of the Labour Force Sample Survey in the Community (LFS):
+ Commission Regulation (EC) N° 1571/98 of 20 July 1998 implementing Council Regulation (EC) N° 577/98 on the organisation of a labour force sample survey in the Community (OJ L 205, 22.7.98, p.40)
+ Commission Regulation (EC) N° 1924/1999 of 8 September 1999 implementing Council Regulation (EC) 577/98 as regards the 2000 to 2002 programme of ad hoc modules to the LFS
+ Commission Regulation (EC) N° 1566/2001 of 12 July 2001 implementing Council Regulation (EC) N° 577/98 on the organisation of a labour force sample survey in the Community concerning the specification of the 2002 ad hoc module on employment of disabled people *
+ Commission Regulation (EC) N° 1575/2000 of 19 July 2000 implementing Council Regulation (EC) N° 577/98 on the organisation of a labour force sample survey in the Community concerning the codification to be used for data transmission from 2001 onwards (OJ L 181, 20.7.2000, p.16)
+ Commission Regulation (EC) N° 1626/2000 of 24 July 2000 implementing Council Regulation (EC) N° 577/98 on the organisation of a labour force sample survey in the Community as regards the 2001 to 2004 program of ad hoc modules to the labour force survey.
+ Regulation (EC) N° 1991/2002 of the EP and of the Council of 8 October 2002 amending Council Regulation (EC) N° 577/98 on the organisation of a labour force sample survey in the Community.
+ Regulation (EC) N° 2257/2003 of the EP and of the Council of 25 November 2003 amending Council Regulation (EC) N° 577/98 on the organisation of a labour force sample survey in the Community to adapt the list of survey characteristics.
+ Commission Regulation (EC) N° 430/2005 of 15 March 2005 implementing Council Regulation (EC) N° 577/98 on the organisation of a labour force sample survey in the Community concerning the codification to be used for data transmission from 2006 onwards and the use of a sub-sample for collection of data on structural variables (OJ L 71, 17.3.2006, p.36).
12) Regulation (EC) No 458/2007 of the European Parliament and of the Council of 25 April 2007 on the European system of integrated social protection statistics (ESSPROS)
13) Proposal for a Regulation of the European Parliament and of the Council on Community statistics on public health and health and safety at work – COM(2007) 46 final
14) Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax
15) Council Regulation (EEC) No 918/83 of 28 March 1983 setting up a Community system of reliefs from customs duty
16) Council Directive 86/378/EEC of 24 July 1986 on the implementation of the principle of equal treatment for men and women in occupational social
security schemes" (as amended by "Council Directive 96/97/EC of 20 December 1996 amending Directive 86/378/EEC on the implementation of the principle of equal treatment for men and women in occupational social security schemes")
17) Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast)
18) Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors
19) Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts
20) Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medical product s for human use, as amended by Directive 2004/27/EC of the European Parliament and of the Council of 31 March 2004 (OJ L 136, 30.4.2004, p.34)
21) Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer practices in the internal
market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council ('Unfair Commercial Practices Directive') (OJ L 149, 11.6.2005, p. 22 )
22) Directive 2003/24/EC of the European Parliament and of the Council of 14 April 2003 amending Council Directive 98/18/EC on safety rules and standards for passenger ships - OJ L 123, 17.5.2003, p. 18-21)
23) Directive 96/48/EC on the interoperability of the trans-European highspeed rail system (O J L 235, 17.09.1996, p. 6-24) as amended by Directive 2004/50/EC of the European Parliament and of the Council of 29 April 2004 (O J L 164, 30.4.2004, p. 114-163 )
24) Directive 2001/16/EC of the European Parliament and of the Council on the interoperability of the trans European conventional rail system (O J L 110, 20.04.2001, p. 1-27) -as amended by Directive 2004/50/EC of the European Parliament and of the Council of 29 April 2004 (O J L 164, 30.4.2004, p. 114-163 )
25) Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive) (Text with EEA relevance)(O J L 263, 9.10.2007, p 1)
26) Directive 2007/65/EC of the European Parliament and of the Council of 11 December 2007 amending Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (Text with EEA relevance) (OJ L 332, 18.12.2007, p. 27)
27) Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999
28) Decision 1720/2006/EC of the European Parliament and of the Council of 15 November 2007 establishing an action programme in the field of lifelong learning
29) Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD)
30) Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services ("Framework Directive").
31) Council Decision 2005/600/EC of 12 July 2006 on guidelines for the employment policies of the Member States
+ Council Decision 2006/544/EC of 18 July 2006 on guidelines for the employment policies of the Member States
32) Regulation (EC) No 1889/2006 of the European Parliament and of the Council of 20 December2006on establishing a financing instrument for the promotion of democracy and human rights worldwide
33) Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society
34) Directive 2001/20/EC of the European Parliament and of the Council of 4 April 2001 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the implementation of good clinical practice in the conduct of clinical trials on medicinal products for human use
35) Proposal for a Regulation of the European Parliament and of the Council concerning the production and development of statistics on education and lifelong learning – COM(2005)625 final.
36) Directive 97/67/EC of the European Parliament and of the Council of 15 December on common rules for the development of the internal market of Community postal services and the improvement of quality of services(OJ L15 of 21.01.1998), page 14) as amended by Directive 2002/39/EC of the European Parliament and of the Council of 10 June 2002 amending Directive 97/67/EC with regard to the further opening to competition of Community postal services (OJ, L176 of 05.07.2002, page 21).
37) Decision No 1982/2006/EC of the European Parliament and of the Council of 18 December 2006 concerning the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 -2013)
38) Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin
39) Decision 2119/98 of the European Parliament and of the Council of 24 September 1998 setting up a network for the epidemiological surveillance and control of communicable diseases in the Community
40) Directive 2004/23/EC of 31 March 2004 on setting standards of quality and safety for the donation, procurement, testing, processing, preservation, storage and distribution of human tissue and cells 41) Directive 2002/98/EC of the European Parliament and of the Council of 27 January 2003 setting standards of quality and safety for the collection, testing, processing, storage and distribution of human blood components and amending Directive 2001/83/EC
An updated version can be found at this website.
In Belgium, The rights of persons with disabilities are protected by special legislation, exclusively dealing with disability matters. According to the Government the rights of persons with disabilities are protected by a combination of special and general legislation. The judicial mechanism adopted to protect the rights of persons with disabilities is due process (legal remedy through the courts). Non-judicial mechanisms include an Ombudsman, a governmental body (administrative) and independent expert bodies. The Government does not refer to any non-judicial mechanisms.
Some Dutch information.
Article 21 of the law of 16 April 1963 concerning reintegration of disabled people into the labour
market establishes a quota system for the employment of disabled people in both the private
and the public sector.
In 1997, the Bulgarian Council of Ministers set up a Rehabilitation and Social Integration Fund, with responsibility to implement national policy regarding the social integration of disabled people.
Describing existing conditions:
At present, disabled people in Bulgaria suffer particularly from the remnants of the past, where most of them were isolated, protected and cared for by the State under basic provision. Today, the majority of disabled people are isolated and unable to leave their homes due to accessibility and mobility problems and lack of appropriate support services. This lack of access also leads to reduced achievement in education which worsens their opportunities in the labor market as well as participation in social and cultural life.
Public disability policy is based on a medical model of disability where the focus is on lost capacities and limitations rather than on equal opportunities through increased participation and affirmative action.
This assessment is also true for large parts of the current key legislation... which does not focus on enhancing social participation but continues to discriminate through protection.
In stark contrast to existing policy, the draft national strategy builds on four fundamental, humanrights, principles:
- The principle that the various systems of society and the environment, such as services, activities, information and documentation, are made available to all, particularly to disabled people.
- The principle of equal rights which implies that the needs of each and every individual are of equal importance, that those needs must be made the basis for the planning of societies and that all resources must be employed in such a way as to ensure that every individual has equal opportunity for participation.
- The principle that disabled people are members of society and have the right to remain within their local communities. They should receive the support they need within the ordinary structures of education,
health, employment and social services,
- The principle that as disabled people achieve equal rights, they should also have equal obligations.
As part of the process of equal opportunities, provision should be made to assist disabled people to assume their full responsibility as members of society. Having established these four guiding principles, the strategy goes on to identify eight broad areas that the national strategy should address:
1. Legislation
2. Accessibility
3. Education
4. Vocational training and employment
5. Information and awareness raising
6. Participation and decision-making
7. Prevention and early intervention
8. State institutions for People with Intellectual Handicaps and Psychiatric Problems
Based on Dr Andreas König report
Equal rights of employment for disabled and handicapped persons have become the most important objective of employment policy. The labour administration has become the instance primarily responsible for the employment of such persons.
The social welfare administration shall supplement the support given by the labour administration for the purpose of employing those disabled persons whom it is most difficult to employ. The central aim is that for the purpose of employing disabled persons support by the social welfare and by the health care administration shall be more closely linked to services provided by the labour administration. Thus, support for employing handicapped persons shall be a common responsibility for the labour administration and the social welfare administration.
Furthermore, the latter shall arrange work for persons who cannot be employed on the basis of employment contracts.
Non-Discrimination Act (21/2004)
The purpose of the Act is to safeguard and foster equality throughout society. Further prohibitions against discrimination are set out in the various Acts related to employment matters, which are applied alongside the provisions of the Non-Discrimination Act.
Act on Rehabilitative Work 1.09.2001
Obliges the municipalities and the employment offices to draw up activation plans for long term unemployed. An activation plan may include measures by the labour administration, as well as socialand health care services arranged by the municipalities. Rehabilitative work is a new social service that the Act obliges the municipalities to arrange.
Social Welfare Act, social insurance legislation and the Employment Act amended from 1 April 2002
New provisions concerning promotion and support of the employment of disabled persons were added to the Social Welfare Act. At the same time the provisions in the old Disability Care Services Act were repealed. The obsolete concept of "sheltered work" was abandoned.
- support for employing disabled persons and for finding jobs shall constitute a new social service to be provided by the municipalities;
- activities for supporting the employment of disabled persons are defined as organization of special rehabilitation and other support measures for arranging employment.
Support for the employment of disabled persons is arranged for persons who due to an injury, illness of for other similar reasons for long periods have special difficulties to cope with ordinary tasks in life and who, in addition to the services provided by the labour administration, need support for finding employment on the open labour market. Within the scope of activities for supporting the employment of disabled persons such work can be arranged where there is, between the disabled person and the service provider, an employer-employee relation referred to in the Employment Contracts Act (Statue Book of Finland 55/2002). Activities for supporting the employment of disabled persons consist of rehabilitative and preparatory measures to enable disabled and handicapped persons to find ordinary full or part time employment. All appropriate measures and activities are available. If needed, these measures shall facilitate the transfer from disability pension back to normal working life.
Work by disabled persons means activities for promoting and maintaining such persons' capacity to work. Work is arranged for disabled persons, who cannot participate in sheltered work and whose livelihood mainly depends on benefits granted because of illness of inability to work.
Under the Greek Constitution of 1975 social rights of specific social groups are recognized for the first time in Greece. In that way the constitution obliges the legislator to enact special measures for the protection of these groups.
After the revision of the Greek Constitution in 2001 has been determined:
Article 21
- Families with many children, disabled during war and during peaceful period, victims of war, widowers and orphans of people who fell in the war, as well as those suffering from incurable physical or mental illness have the right of special care by the State.
- The State cares for the health of citizens and takes special measures for the protection of youth, old age, disability and for the care of the poor.
- Individuals with disabilities have the right to enjoy measures that ensure the autonomy, the professional integration and their attendance in social, economic and political life of the Country.
Law 3304/2005
The voting of Law 3304/2005 implements the principle of equal treatment irrespective of racial or national origin, religious or other beliefs, disability, age or sexual orientation and constitutes a new field for the promotion of the principle of equality and the protection of a person's rights in our country.
Law 1320 (Official Journal of Greek Republic 6 /11.1.1988)
The article 23 determines that: Public Services, Legal Persons of Public Law, Organisations or services of Local Authority, Organisations of Common Utility, Banks and generally all public institutions are obliged to employ without contest with a ratio five (5): to one hundred (100) empty places (5%), disabled people and generally individuals with decreased abilities, that depend in the provisions of N.963/1979. Also, included are the victims of war and otherwise disabled people.
The law 2643/98 is the most important law for disabled people in the Greek republic up to now. It is mentioned: "Concern for the employment of persons of special categories and other provisions"
Article 1: "Protected persons"
Individuals protected (by the law and the State) are those with 50 % rate of disability who have limited abilities for employment due to any chronic physical, mental or psychological illness (persons with special needs), provided that they are registered with the ORGANISATION FOR THE OCCUPATION OF THE WORK FORCE as being disabled. People are also protected who have a child or brother or spouse with a 67 % rate of disability or more due to severe mental and physical problems.
Article 2: "Protection in private institutions or in the wider public sector"
1. Enterprises or businesses, Greek or foreigners, that function in Greece in any form and public sector institutions, as well as their affiliated companies, provided that they occupy personnel above fifty (50) individuals, are compelled to employ 8% of protected individuals of previous article out of the total personnel of their enterprise, exploitation or institution.
Article 12: "Administrative sanctions"
1.The employer who violates the provisions of this law is imposed to the following sanctions:
a) A fine equal to six (6) minimum months' wage of a private employee for refusal of employment of persons of paragraph of 1 article 1.
b) A fine equal to the wage per day of the person placed, for each day of delay of his employment, provided that the person was presented in the indebted employer.
The first law, n 482 of 2 April 1968, concerning the placement in Italy of disabled people, introduced the obligation for the enterprises to employ people with a disability degree higher than 45 %. The Ministry of Welfare has promulgated a new law, n 68 of 12 march 1999, with the aim of facilitating even more the placement of disabled people and promoting a cultural and organizational significant change within all public offices dealing with employment services assisting disabled people.
Beneficiaries Requirement - Who is in charge of assessment
People with physical, psychical, sensorial or mental impairment
Reduction of the work ability > 45%
A competent technical commission (art. 4 law 104/92)
Disabled due to accidents on workplace
Inability > 33%
INAIL (National Institute for the insurance against accident at work)
Blind and deaf-mute persons
Civil and war invalids DPR 915/78
The law n 68/1999 is based on the concept of matching the offer of the company with the characteristics of the disabled person. That means that employers have an obligation in hiring people with disability, but the engagement doesn't happen only through employment lists, but taking into account potentialities and competences of the person so that there is an endeavour to put the right person in the right place.
Art. 10 clearly states that "the employer cannot ask the disabled worker for a performance, not compatible with his/her impairment".
Beneficiary persons (Art. 1)
Obligation Quota and Modality of Engagement (Art. 3,7)
Both private and public employers are obliged to employ disabled workers according the following proportion:
- Number of employees Obligation quota Modality of engagement (private sector)
15-35 employees (only in case of new engagement)
1 disabled worker Nominative
36-50 employees 2 disabled workers 1 nominative and 1 numerical call
More than 50 employees 7 % of the employees 60 % nominative and 40 % numerical
- Economical incentives for companies (art. 13)
State covers costs of disabled workers with the following modalities:
- for every disabled worker with disability > 79 %
- psychical and intellectual disabled workers
Total coverage for 8 years for every disabled worker with disability within 67 % and 79 % coverage for 50% of costs for 5 years.
For every disabled worker with disability > 50 %, refund for expenses due to adaptation of the workplace to the special needs (for examples architectonical barriers, telework positions, ...)
EMPLOYMENT OF HARD-TO-EMPLOY PEOPLE IN SLOVENIA
Legislation and Some Programmes
The Slovenian version can be downloaded here.
EMPLOYMENT RELATIONSHIPS ACT
(Ministry of Labour, Family and Social Affairs)
Protection of Certain Categories of Workers
1. PROTECTION OF WOMEN (Article 186 - Prohibition on Underground Work)
2. PROTECTION OF WORKERS DUE TO PREGNANCY AND PARENTHOOD (Article 187 - General; Article 188 - Protection of Data Related to Pregnancy; Article 189 - Prohibition on Work during Pregnancy and Breastfeeding; Article 190 - Protection during Pregnancy and Parenthood with regard to Night Work and Overtime Work; Article 191 - Parental Leave; Article 192 - Wage Compensation; Article 193 - The Rights of a Breastfeeding Mother)
3. PROTECTION OF WORKERS UNDER THE AGE OF 18 (Article 194 - General; Article 195 - Prohibition on Work; Article 196 - Working Time, Break, Rest; Article 197- Prohibition on Night Work; Article 198 – Extended Annual Leave)
4. PROTECTION OF DISABLED PERSONS (Article 199 - Employment, Training and Retraining of Disabled Persons; Article 200 - The Rights of Disabled Workers)
5. PROTECTION OF OLDER WORKERS (Article 201 - Definition; Article 202 - Part-Time Work; Article 203 - Restriction on Overtime and Night Work)
The following provides a round-up of the main UK legislation that affects disabled people and their employment.
Main law
The Equal Pay Act 1970
- unlawful to discriminate between men and women in their contracts of employment, including pay, holiday entitlement, pension etc
The Sex Discrimination Act 1975
- unlawful to discriminate on grounds of sex or marriage
- The SDA was amended in July 2003, widening the scope of its provisions to include discrimination on grounds of: pregnancy or maternity, sexual orientation, gender reassignment
The Race Relations Act 2000
- unlawful to discriminate on grounds of colour, race, nationality, ethnic or national origin
- must work to eliminate unlawful racial discrimination
- public authorities must aim to promote equality of opportunity and good relations between persons of different racial groups. (By extension, this applies to organisations contracted to deliver services on behalf of pubic authorities.)
Disability Discrimination Act 2005
- unlawful to discriminate on grounds of disability, for people with either both physical or mental health problems
- extends protection to cover people who have HIV, cancer and multiple sclerosis from the moment they are diagnosed
- ensures that discrimination law covers all the activities of the public sector
- requires public bodies to be pro-active rather than re-active (This applies to any organisation contracted to provide services on behalf of the public sector.)
The Human Rights Act 2000
- protects the human and civil rights of individuals and has a potential impact on working practices and policies
Events 
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