Compatibility between occupational daytime services for people with disabilities and the ordinary work relationship

Article 9 of the Order of 28 July 1992, deploying Decree 279/1987, of 27 August, which regulates occupational centres for people with disabilities, determines that one of the causes of extinction of the contractual relationship of user of a concerted place of an occupational center is the beginning of an ordinary working relationship by the user. This provision is applicable to both Occupational Therapy Services and Employment Embedding Services, by sending in the additional provision 1 of Decree 336/1995, of 28 December, which regulates the Employment Service in Occupational Centers for people with disabilities.

This means that the more than 10,000 people with disabilities who attend these day care services throughout Catalonia cannot sign an employment contract to work temporarily or sporadicly without losing the place they occupy in the service.

It is clear that the regulations concerning the services of occupational day centres in Catalonia have been outdated, given that in recent years, both society and the world of work have evolved a lot, especially in terms of the integration of people with disabilities. In this new social and employment context, people with disabilities have real opportunities to get paid work, even if it is temporary.

Faced with this situation, the Department of Social Rights must adopt the relevant measures to remove barriers that hinder access to the world of work for people with disabilities, in order to promote their inclusion and integration, as promoted by the Convention on the Rights of Persons with Disabilities, adopted by the United Nations General Assembly on 13 December 2006.

Therefore, the aim of the initiative is to facilitate the integration and labor inclusion of people with disabilities who attend services of occupational day centers, allowing them to reconcile assistance to the center with paid work of a temporary or sporadic nature, without losing their place in the service. The aim is to adapt the current regulations to society and current work reality, including exceptions to the cause of termination of the care contract of the user of a place arranged for the beginning of an ordinary working relationship foreseen in art. 9 of the Order of July 28, 1992.

Specifically, it is intended to allow the start of a work relationship in the following cases:

a) In the case of an ordinary working relationship with a schedule compatible with that of the day care service.

b) In the case of an ordinary working relationship of a determined duration with a day coinciding with the hours of the day care service in a maximum of 10 hours per week. The number of weekly hours compatible with an ordinary working relationship may be accumulated and used immediately in cases where the employment contract requires a 40-hour week of the user and has a maximum duration of four consecutive weeks.

On the other hand, the purpose of the previous public consultation is to collect the contributions, opinions, demands, concerns and needs of citizens, and especially of the groups affected, in relation to the regulatory initiative planned to modify the regime of occupational day center services for people with disabilities, which prevents users from starting an ordinary work relationship.

In order to send us the contributions you consider to achieve the fulfillment of the objectives set, or any other type of contribution in relation to the query, please go to the “Proposed” section of the upper menu.

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