OZN on the labor market

People with disabilities are playing an increasing role in the discussion of inclusivity and diversity, although we still need more content to help see their situation in the labour market.

The professional activation of people with disabilities in the labor market (OZN) is a challenge to the political strategies and the contemporary culture of the organization. Progress in legislation, both at the national and international levels, is leveling the UN's chances on the labour market a bit, but we continue to struggle with higher unemployment rates and wage differentials. It is crucial to take measures to support professional activation and the elimination of barriers hindering access to work. One of the fundamental elements of this change is also the use of inclusive language that emphasizes the subjectivity of people with disabilities and their right to equal treatment. Inclusive language

To talk about people with disabilities, at the beginning it is worth focusing on the language we use; it is he who creates our reality, it is thanks to him that we can divide or connect, see phenomena and people differently. For the UN, the most inclusive and subjective form is to say “person with a disability” instead of “disabled”. Why? Because a given physical or mental disability does not define a person in its entirety; outside of living with a disability there is a whole range of issues and activities that define people. Describing someone as exclusively disabled reduces their life to only one dimension, leaving no room for many others.

The most important postulate is that disability should not be impersonal. We say we have people with disabilities, not people with disabilities. Emphasize Subjectivity (Final report of the study of the needs of people with disabilities in Poland, 2024).

Of course, the terminological issues differ depending, for example, on whether a person is mentally ill — as the sentence itself indicates, we are talking about “being sick” and not about being sick, because the latter is associated with a certain kind of stigmatization and the definition of a permanent, unchanging state. Meanwhile, members of this group describe mental illnesses as transient states rather than ones that would describe their identity.

In the context of work, the definition of disability is defined in the Act of 27 August 1997 on vocational and social rehabilitation and employment of persons with disabilities

Disability: According to the provisions of the Law on Vocational and Social Rehabilitation and Employment of Persons with Disabilities, disability means a permanent or periodic inability to fulfill social roles due to a permanent or prolonged violation of the body's fitness, in particular causing incapacity for work. A prerequisite for the recognition of disability is its legal decision (Final report of the study of the needs of people with disabilities in Poland, 2024).

Inclusive language counteracts exclusion and ensures that the UN occupies an equal space in the public debate, which after years of discrimination is extremely important in building equality and an informed society.

OZN on the labour market in Poland

Data from the Central Statistical Office for December 2023 show that in Poland the number of people with a valid certificate of disability, degree of disability or degree of incapacity for work is more than 4 million. These rulings were issued by disability adjudication teams or the Social Insurance Institution (ZUS). This group is divided into three categories:

More than 2 million people with only a disability adjudication panel ruling
Almost 1 million — people with only a ZUS certificate,
More than 750,000 — people with both types of decisions.

Professional activation

The needs of the UN are recognized in law, e.g. Act of 27 August 1997 on Vocational and Social Rehabilitation and Employment of Persons with Disabilities, which defines the definition of disability and the right of the UN to various forms of assistance enabling, inter alia, the acquisition or upgrading of professional qualifications, as well as work in the open labour market in accordance with qualifications, education and opportunities, and the use of vocational counselling and mediation (psychological, pedagogical and other specialized assistance). The right to work in conditions adapted to the needs of the disabled is also mentioned, when the disability and the state of health so require.

The resolution that preceded the adopted law is called the Charter of the Rights of Persons with Disabilities (as you can see the name is outdated, which illustrates well the changes that have occurred in the language since the end of the 90s until now) the Sejm adopted it on August 1, 1997. It is a declaration of the State through which it expresses its commitment to ensure full civil and social rights for persons with disabilities. Thanks to its political character, it influenced the perception of equality before the UN.

The elimination of barriers and equalization of opportunities of the UN is also part of the development plan of Poland set out in the Strategy for Persons with Disabilities 2021-2030, which identifies 8 priority areas:

Independent living
Accessibility
education
Work
Living conditions and social protection
Cheers
Building awareness
Coordination

The strategy is particularly important in the context of the UN's professional activity, because According to its assumptions, the occupational activity rate for people with disabilities of working age is projected to increase to 35% in 2025 and to 45% in 2030.

What affects the situation of UN people in the labor market? The report of the International Labor Organization points to several factors such as: lower productivity due to the mismatch of people's capabilities with the requirements of the job, the need to compromise between work flexibility, adaptation of the workplace and the level of remuneration, discrimination in the labor market.

Above, we have listed the legal provisions that have been applied in Poland - at the international level, standards have also been developed that have influenced the provision of a framework for the protection and promotion of employment of people with disabilities (all conventions and recommendations of the International Labor Organization or the EU). The MOP recommends combat discrimination and promote the principles of equal pay for work of equal value and provide guidance for legislators and policymakers to shape national programmes based on human rights and inclusion.

In his opening address to the debate, the president of the EESC (The European Economic and Social Committee, Oliver Röpke, said:

Today's debate highlights the urgent need to reduce the employment gap for people with disabilities, who face significantly higher unemployment rates across Europe. Despite the existing legal framework, the reality is harsh—too many people are still excluded from the labour market. We need to ensure that people with disabilities are actively involved in designing policies that affect them and that the social partners actively promote respect for their rights. The EESC is committed to continuing its work in cooperation with the European Disability Forum and other institutions to create a truly inclusive society for all. The case of a teacher with a disability and winning before the Supreme Court

One of the relevant and noteworthy legal cases is the case of a teacher with a disability who filed a lawsuit against her employer for not lowering her pension (number of school hours) despite having a disability certificate. The employer only proposed to reduce the working time associated with the preparation for classes, and not the teaching hours, which in practice did not take into account the needs arising from her state of health. Initially, the case was dismissed by the court of the first instance, the court of the second instance recognized the violation of the Client's rights in the form of not granting her breaks in work, for which it awarded her compensation in the amount of PLN 1800. However, in the remaining issues, the Court of Appeal found that the employer's actions were lawful. Then the teacher's lawyers filed a cassation, which led to a reconsideration of the case, this time by the Supreme Court. The Supreme Court found that the employer's treatment of the teacher constituted discrimination and was contrary to the principle of equality. It was pointed out that reducing only the time devoted to preparation for lessons, and not the number of teaching hours, was illegal.

Thanks to the intervention of the Helsinki Foundation for Human Rights (HFPC) and the decision of the Supreme Court, the teacher received compensation of a punitive nature, the aim of which was not only to make amends, but also to prevent similar cases in the future. This case highlights the importance of protecting the rights of workers with disabilities and treating them equally in the workplace.

summary

The situation of people with disabilities in the labour market requires not only the effective implementation of existing legal regulations, but also a social change that will allow them to be fully integrated into working life. Equal treatment, the availability of jobs and the prevention of discrimination are the cornerstones of building an inclusive labour market. International and national standards, such as the Strategy for Persons with Disabilities 2021-2030, point the way forward, but creating a work environment for the UN based on dignity and equality requires legislative, social and economic cooperation and active representation of the UN according to the principle of “nothing about us without us”.

Sources

OZN on the labor market

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