— This act, although technical in its form, touches on a very important issue – the role of the state in real support for people with disabilities on their way to independence, self-reliance and full participation in social and professional life – said Maja Ewa Nowak, MP in the Sejm.
The most questionable aspect of the project is the change in employment rates in professional activity establishments. The new regulations provide that the share of people with severe disabilities will drop from 35 to 10 percent, while those with moderate and mild disabilities will increase to 55 percent.
The provision is strongly opposed by the Polish Association for Persons with Intellectual Disabilities (PSONI), which fears that the most needy people will be pushed out of the market. “For many, this is the only place for rehabilitation and social integration. Lowering the threshold to 10 percent may mean the elimination of thousands of jobs,” warns PSONI.
However, the authors and supporters of the reform argue that thanks to this, plants will be able to employ more employees who cannot find their place in the open labor market today but still need support. As they explain, the current indicators are unrealistic to meet. So far, more than half of those employed at ZAZ had to have a significant degree of disability, and there are fewer and fewer such people willing to work. In addition, many employees lose their certificate of significant disability – often for formal reasons, such as missing medical documentation or delays in certification. – This act gives them a second chance – one decision of the adjudicator will no longer eliminate their employment – emphasized MP Barbara Okuła during the debate in the Sejm.
Deputy Minister Łukasz Krasoń, responsible for the policy towards people with disabilities at the Ministry of Labor and Social Policy, argued in the Sejm that the project responds to the demands of the community and was widely consulted with organizations. He emphasized that the amendment would increase the employment limit for people with a moderate degree of disability to 55%, but would not force layoffs.
— A professional activity company that is thriving under the current regulations will not have to change anything in its employment structure after the amendment comes into force, and it will still meet the new requirements. I don't see any difficulties here – this is supposed to help them – argued the deputy minister.
Reducing bureaucracy and eliminating fictitious jobs
The amendment also introduces changes to administrative regulations. ZAZs will no longer be obliged to automatically issue information about reliefs from PFRON to all contractors. The document will be issued only at the buyer's request, which – as indicated by the Polish Organization of Employers of Disabled People (POPON) – will end the “bureaucratic absurdity” of generating thousands of unnecessary documents per month.
Another change concerns medical care. The obligation to employ a nurse or paramedic in each facility was abolished, replacing it with the requirement to provide “specialized medical care, counseling and rehabilitation services”. As the authors of the project emphasize, the requirement for emergency care was a fiction – many plants maintained unnecessary positions for people who had no actual contact with employees. However, the Parliamentary Expertise Office warns that too general a phrase “as appropriate to the needs” may lead to arbitrary control decisions and differences in standards of care.
More flexibility for employers
The act also includes changes giving employers greater flexibility. The time for replenishing positions is extended in the bill from three to six months. This is to protect ZAZ from losing its status when staff shortages are not the result of the plant's fault.
The deadline for transferring the surplus to the Company Activity Fund was also extended from July 15 to December 31 of the following year after receiving the funding. This is intended to improve the financial liquidity of plants.
In turn, provincial governments will gain the right to increase ZAZ co-financing from their own funds or from budget savings. As MP Tadeusz Tomaszewski from the Left emphasized in the Sejm, “this solution improves the financial liquidity of plants and allows voivodeships to actually support social policy in the regions.”
Who will gain and who will lose
The reform is expected to bring tangible benefits to professional activity establishments and sheltered workshops, which will gain greater stability and reduce administrative burdens. It will also facilitate employment for people with a moderate degree of disability – a group that has so far often remained “between” systems: too independent to use social assistance, and at the same time too sensitive to find their way in the open labor market.
However, people with significant disabilities who may be replaced by more independent employees are at greatest risk. The abandonment of the obligation to employ a nurse is also a cause for concern – in many facilities, the presence of medical staff was a guarantee of the safety of people with serious neurological or motor disorders. Some experts also pointed out that PFRON would lose some data on reliefs and financial flows, which would limit its control tools.
The reform has support, but the problem remains systemic
Despite reservations, MEPs supported the project, considering it a step in the right direction. At the same time, most agreed that the changes are technical, not systemic. The amendment tidies up the regulations, makes the operation of ZAZs more flexible and reduces bureaucracy, but does not solve the problems that have been plaguing the support system for people with disabilities for years.
During the parliamentary debate, politicians emphasized that deeper reforms are needed: greater financing for occupational therapy workshops, easier creation of new ZAZs, construction of a coherent system of supported employment and a comprehensive change in case law. The lack of funds for the operation of district adjudicating teams and the overload of staff require a separate act. There were also demands for language changes in the law to eliminate outdated and stigmatizing terms, and for better links between education and the labor market, so that young people with disabilities can smoothly transition from the school system to the vocational system.
Deputy Minister Łukasz Krasoń announced further legislative actions. In the coming weeks, changes regarding occupational therapy workshops will be presented – both in terms of financing and operating standards. He also admitted that the jurisprudence system requires thorough reform; the ministry has already increased funds for the operation of district and voivodeship commissions by PLN 50 million. The deputy minister added that in each poviat there should be occupational therapy workshops, professional activity centers and care and residential centers, creating a coherent support system.
