Ex-post control
accessibility only from early 2016, if reasonable.
International institutions and the AOB have already repeatedly criticised this
extremely long transition period. The AOB believes it to be urgently necessary to
drive forward the renovation of doctors‘ practices to make them accessible.
Individual case: VA-BD-SV/1022-A/1/2013
Government blocks employment of persons with disabilities
The Austrian Contractual Employment Act (Vertragsbedienstetengesetz)
states that as a condition for employment, a person must have full legal
competence. As a result, the Federal Ministry of Defence and Sports was
only able to employ a young woman suffering from a mental disability as a
kitchen assistant under a special agreement.
Persons with disabilities face great obstacles on the employment market - including
in civil services. The example of a young woman with moderately reduced mental
capabilities, who was represented by a legal guardian in her contact with the
authorities and in terms of unusual legal transactions, demonstrates this yet again.
The young woman worked for a temporary employment agency, who placed her
with the Federal Ministry of Defence and Sports as part of a project. She performed
her tasks as kitchen assistance at General-Körner Barracks to the fullest satisfaction
of her supervisors. The Military Command Vienna had the intention of offering her
a full employment position. However, this was contrary to the Austrian Contractual
Employment Act (Vertragsbedienstetengesetz), which states that a person must
have full legal competence as a condition for employment.
Law prevents full
employment in civil
services
The AOB brought up this case in its TV show „Bürgeranwalt“ (Advocate for the
People) and demanded a solution from the Federal Chancellery responsible for
employment. In the end, the Federal Ministry of Defence and Sports was able to
agree a special contract to employ the young woman as a kitchen assistant with
the Federal Chancellery’s approval.
Recourse to special
contract
In spite of this solution in an individual case, the Austrian Contractual Employment
Act (Vertragsbedienstetengesetz) urgently requires an amendment. Recourse to
a special contract cannot be the norm. It is incomprehensible that persons with
disabilities should be in a worse position regarding employment in civil services
than in private companies. The Federal Chancellery confirmed that it would reevaluate this issue and that it would hold discussions both with social partners and
the departments in the course of the next employment law update.
Legal amendment
required
Individual case: VA-BD-BKA/0012-A/1/2013; GZ S91154/35-PMVD/2013
35
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents