National Preventive Mechanism complexity of the material an “easy reading” version was not possible. The NPM does not share the misgivings expressed by the Ministry and continues to hold the opinion that agreements must be worded in such a way that the persons involved can understand and follow the content. ¾¾ Care home agreements in written form for persons with disabilities are obligatory. ¾¾ Agreements must be simply and comprehensibly worded. ¾¾ The persons involved must be able to understand and follow the content. Occupational therapy workshops The commissions completed numerous visits to day-care centres and workshops for persons with disabilities. Persons whose performance capability under Austrian social insurance law ranges between very low to just under 50% of the performance capability of a non-disabled person work in these facilities. Regardless of the scope of the work performed by the individual persons, such occupations are not deemed to be employment relationships. Under current case law, the activity is primarily in the interest of those employed to work and serves as “education and upbringing” and “treatment”. Activity in the workshops is not employment under social insurance law Therefore, these individuals are not covered by social insurance based on their activity. They do not acquire any independent pension entitlement. They receive other insurance benefits from entitlement under the minimum benefit system, from orphan pensions, etc. They do not receive any wages under social insurance law for their work, but receive only pocket money amounting to an average EUR 65 per month. The criteria for the calculation of the amount of the pocket money are often not transparent and, in any case, are not uniform. „Wages“ are only small amount of pocket money The NPM presumes that employment in the current form does not conform to the provisions of the CRPD. Under Section 27 of the UN CRPD, persons with disabilities have the same right to work and employment as everyone else. The UN Committee on the Rights of Persons with Disabilities has also criticised the employment of around 19,000 persons in Austria outside of the regulated labour market. Remarks by the Human Rights Advisory Council about this problem area were published on the AOB website. From the perspective of the NPM, a reform of the current legal situation and practice is urgently necessary. The goal must be to ensure the means of earning a living beyond current social welfare or the set-up of the minimum benefit system (i.e. without taking assets into consideration and Reform of legal situation necessary 127