FAQs – ETC Guidelines on new incentives for the recruitment of persons with disability
Q. WHICH PERSONS ARE CONSIDERED TO BE REGISTERED DISABLED PERSONS FOR THE PURPOSE OF THE PERSONS WITH DISABILITIES (EMPLOYMENT) ACT OF 1969?
Only persons who are in possession of a certificate of registration in the register maintained by the Employment and Training Corporation are considered to be eligible for ‘Quota’ computational purpose. ETC placement medical officers are utilized to decide on each individual’s entry in the register with expected duration of the disability.
Q. WHAT IS MEANT BY THE REFERENCE IN THE LEGISLATION AS TWO, ONE AND HALF UNITS?
A. TWO UNITS = a person certified by a placement medical officer as a severely disabled person.
A. ONE UNIT = a registered disabled person who is in full- time employment (working over 30 hours per week).
A. HALF UNIT = a registered disabled person who is either a part-time employee or who works on reduced hours (working 10 – 30 hours per week).
Q. HOW IS THE QUOTA OF 2% ESTABLISHED?
If the number ascertained includes or consists of a fraction less than one-half, such fraction shall be disregarded (1.4 = 1), and, if the number consists of a fraction being over one-half or more, the quota shall be the nearest higher whole number (0.5 to 0.9 = 1).
Q. IN THE EVENT THAT AN EMPLOYER PRESENTS TO THE ETC AN RDP EMPLOYMENT OPPORTUNITY THAT THE ETC CANNOT SATISFY, IS THIS UNFILLED VACANCY TAKEN INTO CONSIDERATION FOR ‘QUOTA’ FULFILMENT PURPOSES?
A. The mere notification of a vacancy to ETC by an employer does NOT absolve the employer from his legal responsibility to employ an RDP.
Please note, however the following two instances:
1) The ETC will consider positively the alternative to direct employment of indirect employment of persons with disability via sub-contract work formally committed to hybrid or social enterprise organisations which specifically quote values of work sufficient to remunerate on an ongoing basis a definite number of persons with disability.
2) Persons with disability serving on mere work placements with employers (as opposed to direct or indirect employment) under any ETC or EU-funded schemes will not count as employees for ‘Quota’ computation or monetary contribution purposes unless the employers are formally paying them a salary or other form of tangible remuneration.
Q. CAN AN EMPLOYER MERELY OPT TO PAY AN ONGOING ANNUAL MONETARY CONTRIBUTION IN LIEU OF DIRECT EMPLOYMENT OF A REGISTERED PERSON WITH A DISABILITY (RDP)?
A. No. The aim is to create opportunities whereby a person with a disability can become a productive member of the team.
Q. WHEN DOES THE MONETARY CONTRIBUTION MEASURE COME IN?
A. The national Budget measure is effective on 1st January 2015. I this first year ETC will be invoicing employers that are on our records as being in default of their RDP ‘quota’ on the basis of ETC employment records at 15th September 2015. Any RDP engagement forms that have not been received in a timely manner at that ‘cut-off’ date will remain ineligible for exemption for contribution calculation purposes.
Q. WHAT FISCAL INCENTIVES ARE AVAILABLE FOR EMPLOYERS RECRUITING NEW EMPLOYEES FROM THE REGISTRY?
A. The Access To Employment (A2E) programme run by the ETC will contribute up to €125 per week for a registered disabled person for the first three years of full time employment (or less for part time), as long as the company retains the individual for a further 12 months thereon. Other Exemptions on National Insurance are available. These fiscal incentives change from time to time so always verify their availability beforehand.
Q. HOW LONG A SETTLEMENT PERIOD ARE EMPLOYERS GOING TO BE GIVEN TO PAY THEIR CONTRIBUTION?
A. If ETC does not receive payment of its invoices within 30 days of date of dispatch, it will issue a once-only reminder by registered mail and then institute legal proceedings after 60 days of original dispatch.
Q.WHAT IF ABUSE IN THE INCORRECT ‘TAGGING’ OF A PART-TIME OR REDUCED HOURS EMPLOYEE AS FULL TIME RDP EMPLOYEE IS DISCOVERED?
A. Immediate additional employment of full-time RDP employees will become mandatory and legal proceedings will ensue for the value of the monetary contributions evaded.