As an operator organisation refused to comply with this request, the
Consumers Association of Austria filed a legal action against said
organisation.
The NPM furthermore stated to the Federal Ministry of Labour, Social
Affairs and Consumer Protection that care home agreements should
be executed in “easy reading” versions. As the protection of the care
home residents is clearly a priority in the provisions of Sections 27 et
seq. of the Consumer Protection Act, such a procedure is necessary.
The Federal Ministry of Labour, Social Affairs and Consumer Protection
took the recommendation of the NPM as an opportunity to word a
sample agreement accessibly from a technical standpoint and it was
made available on the Internet. At the same time, the Ministry stated
that due to the 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.
Care home agreements in written form for persons with disabilities are obligatory.
Agreements must be simply and comprehensibly worded.
The persons involved must be able to understand and follow the content.
2.4.2.4 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 a 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
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