Beschäftigungspflicht und Ausgleichsfonds als internationaler Sozialstaatsstandard in der Behindertenpolitik (Obligation of companies to provide jobs for the disabled and the compensationfund as an international social state standard in policies concerning the disabled)

Abstract

"In addition to government policies concerning the disabled and those funded by the social insurance authorities, in a considerable number of industrial countries there are special legal systems for the securing and promotion of occupational integration, which are based on the legal obligation of employers to provide jobs for the disabled. These systems are generally combined with financial compensation systems which serve to siphon off any possible competition advantages of those employers who do not fulfil this obligation to employ the disabled or who do not fulfil it to the extent required by law. The special resources gained in this way are generally allocated to earmarked funds. These are administrated separately from government budgetary resources and in different ways from country to country. The form this administration takes, the modernity of the fund management and the inclusion of social organisations, in particular employers' organisations, have a definitive influence on the effectiveness of this 'compensation fund' in terms of labour market policy and policy concerning the disabled. In 1997 the International Labour Organisation (ILO) held a conference in Warsaw on this subject, 'Policies and Management of National Rehabilitation Funds', in which 21 states took part. At this conference it was shown that such funds have become very widespread in the industrial states. In particular the experiences made by the French are impressive due to the policy success in recent few years, which is achieved through flexible policy structures, modern fund management and good inclusion of the employers. A common characteristic of all the fund concepts presented in Warsaw is the appropriation of supportive financial resources for the promotion and safeguarding of the occupational integration of the severely disabled. In an international comparison it is possible to detect many variants regarding funding systems, combinations with the employers' obligation to employ the disabled, principles of utilisation and target group. What all the funds have in common, however, is that they regard their central task to be access to the labour market for the disabled and severely disabled and their ability to remain in the labour market. Because of this labour market policy function, the International Labour Organisation (ILO) has been increasingly interested in such quotas and fund systems in recent years. In this article some comparative reflections are made on the size of the compensation charge and its return into the primary labour market. It can be seen that in France and Japan the compensation charge is twice and four times higher respectively than in Germany. In both of these countries the legal obligation to employ disabled people is fulfilled to a far greater extent than is the case in Germany. All in all, however, the Federal Republic of Germany is regarded as successful in this field of policy when compared internationally. At the end some ideas for reform in the Federal Republic of Germany are outlined." (Author's abstract, IAB-Doku) ((en))Behindertenpolitik - internationaler Vergleich, Arbeitsmarktpolitik, Schwerbehinderte, Beschäftigungspflicht, Ausgleichsabgabe, Bundesrepublik Deutschland, Frankreich, Polen, Japan, Ungarn, Österreich, ILO