Neįgalių asmenų darbo teisinis reglamentavimas: kai kurie aspektai

Abstract

Few United Nations documents and legal literature have already given their share to disability non–discrimination and equality issues, although it is argued whether the existing human rights machinery consisting of six core human rights conventions is enough: unlike other vulnerable groups having legally binding treaties, the disability–specific convention is still under debate and the protection of people with disabilities is slightly visible. Discrimination on the grounds of disability is prohibited but the direct implementation in Labour laws is not equally expressive. Difficulties and advantages of employment of people with disabilities in sheltered workshops, social undertakings and quota–protected workplaces are widely discussed throughout European countries, United States and member states of International Labour Organization. So the next logical step towards full participation and equality of people with disabilities ensuring their independent way of life lies in one of the areas – equal employment. Article is highly structured in three directions: territorial, personal and by subject–matter.
The target of present research is the analysis of employment regulation in an open labour market and some requirements of additional protection for particular vulnerable groups throughout new EU member states (Lithuania, Latvia, Estonia, Slovakia, Czech Republic, Hungary) and some candidate countries of Croatia, Romania and Bulgaria. These vulnerable groups include working people with disabilities, employees raising children with disabilities and employees taking care of disabled family members. Comparative analysis involve national codified labour regulations with special interest attached to probationary period, labour conditions of working time, part–time and flexible work time distribution, additional holidays, peculiarities of wages, labour discipline and termination of labour contract. While people with disabilities are seeking for equality and non–discrimination they are entitled to the same legal regulation in common with other employees, only the need for special protection impels the enforcement of additional guarantees.