LAW NO.03/L-019 ON VOCATIONAL ABILITY, REHABILITATION AND EMPLOYMENT OF PEOPLE WITH DISABILITIES
e hėnė , 26 janar 2009
LAW No. 03/L-019
ON VOCATIONAL ABILITY, REHABILITATION AND EMPLOYMENT OF
Assembly of Republic of Kosovo,
According to article 65 (1) of the Constitution of the
Republic of Kosovo,
Claiming that universality, inseparability, interdependence
and relation of all fundamental human rights and freedoms and the need of
persons with disabilities that those rights and freedoms are guaranteed without
Aiming advancement of socio-material position and
integration in everyday life of People with Disabilities;
Aiming proper implementation of fundamental principals and
universal rights from employment relationship;
LAW ON VOCATIONAL ABILITY, REHABILITATION AND EMPLOYMENT OF PEOPLE WITH
This law rules and determines the rights, conditions, forms
of Vocational Ability, Rehabilitation and Employment of People with
Disabilities, for their integration in open
labor market according to general and special conditions
laid down by applicable legislation.
Purpose of this Draft Law is legal and institutional support
for ability, rehabilitation, incite and vocational training of appropriate
employment for people with disabilities based on principles and equal treatment
including the gender possibilities.
Expressions and acronyms used, which are related to the
topic reviewed and regulated by this Law have this meaning:
"Disability" is limited access and limit of usual activities of every
day life of a person as a result of physical, sensory or mental impairment,
which inhibit him/her to participate in everyday life activities.
"Persons with disabilities" are those persons who
have acute physical, mental, intellectual or sensory impairments which in
interaction with other different barriers may inhibit their full and effective
participation in society on equal bases with others.
"Categories of people with disabilities as consequence
of impairment" are: War invalid, war civil invalid, labour invalid, person
born with physical, sensory and mental disability and person who has physical,
sensory and mental disability as consequence of adversity or illness.
"Ability, Rehabilitation" is undertake of measures and activities in organized
form by responsible institutions, and other institutions for reeducationof person
with disabilities, with a purpose of enabling them to find an appropriate job
and to be able for daily activities they need.
"Vocational training" is fundamental educational process for building skills,
improving capacities to ensure and carry out qualitative work, to be advanced
from a job position to another, and to deal with changes in technology and
conditions of labor market. Vocational training is realized through different
courses that are organized by Centers of Vocational Training mainly for the
unemployed, as laid down by this law.
"Commission for expertise" is a team composed of medical experts and other
field established by respective authority, aiming ascertainment and assessment
of disability of a person.
"Suitability of environment" means the measures undertaken with
a purpose of ensuring a free environment, free of obstacles and barriers of
"Supporting means" are those means that are used by people with disabilities,
with a purpose of overcoming obstacles which limit their participation in usual
"Appropriate work" means the work which is carried out from people with
disabilities, in accordance with his/her physical, sensory and mental abilities
and also in accordance with respective qualification gained during special
education or vocational ability, rehabilitation.
"Special school" is a school which works and acts within education system
intended for people with disabilities.
"Vocational trainer" is a professional person certified for the job, prepared
and engaged to offer help in providing vocational support for person with
disabilities in accordance with requirements of job positions of open labour
"Special education" means the education process approved by competent education
organs for fulfillment of needs of people with disabilities.
"Vocational ability, rehabilitation" means all activities that intend
ensuring knowledge, ability and experience necessary for efficient work within
an occupation performed earlier, before disability, or retraining for a new
profession that he could do it successfully.
"Center for vocational ability, rehabilitation, and
employment" is the
Institution in the role of legal person which deals with coordination,
management and administration of vocational rehabilitation, retraining and
incitement of employment for people with disabilities.
"Assistant" is necessary person without whom the disabled person could
not have vocational rehabilitation and retraining for work or to create working
"Protective workplace" is an enterprise which aims to provide work and
appropriate employment, with place, space and respective equipments for people
"Working Center" is a specialized workplace which employs people with
disabilities who can not be employed or carry out work according to special and
general conditions in Protective Workplace.
"CVT" are Centers of Vocational Training.
"CREKs" are Centers for Rehabilitation, retraining and Employment in Kosovo,
"MLSW" Ministry of Labour and Social Welfare,
"RCE" Regional Centers of Employment,
"MOE" Municipal Offices of Employment,
STATUS OF PEOPLE WITH DISABILITY TO WORK
status and realization of rights, a person with disability to work is:
with disability, beneficiary of financial means, who realizes the rights and
benefits in accordance with legal provisions on social assistance and pensions
of persons with disabilities.
with disability who realizes the rights and benefits according to provisions on
pension and invalidity insurance.
with disability, who realizes the rights and benefits according to Legal
provisions on protection of War and Civil Invalids.
from age fifteen (15) up to eighteen (18) with mental, physical retardation or
combined according to legal provisions applicable on secondary education,
providing the language of signs to deaf persons and Bright alphabet for blind
youngster from age fifteen (15) up to eighteen (18) years old with difficulties in development,
who realizes the rights and benefits according to legal provisions on social
assistance and other provisions.
with disability older than eighteen (18) years old, who could not realize the
right to vocational rehabilitation, ability and employment according to legal
provisions as referred to in indent 1 up to indent 3 of this Article
includes every differentiation, exclusion or advantage based on race, color,
sex, religion, age, marital status, political opinion, national or social
background, language or trade union membership, which consists on power of
prohibiting equal opportunities or treatment regarding employment or
differentiation, exclusion or advantage regarding any respective job position
based on respective skills required for that job position, are not considered
towards a person ondisability grounds whose abilities to ensure,
carry out or progress in a job position are considerably low as consequence of
mental, physical and sensory disability ascertained on time, is prohibited.
4. Every kind
of discrimination on disability grounds is prohibited and equal and effective
support is guaranteed for persons with disabilities towards all kinds of
discrimination in all situations.
PROCEDURES FOR ASSESMENT OF ABILITY TO WORK FOR PEOPLE WITH DISABILITIES
capacity to work for People with disabilities according to Paragraphs 1, 2, 3
and 6 of Article 4, of this Law is determined by professional commission of
expertise, which works and acts within competent Department of MLSW.
capacity to work for people with disabilities according to Paragraphs 1, 2, 3
and 6 of Article 4 of this Law in first level, is determined by professional
commission in Competent Regional Office of KPAD.
of procedure for acknowledging the right referred to in Paragraph 1 of this
Article is presented with claiming from person with disabilities. If it is
impossibly to initiate the procedure by disabled person, the initiative for
procedure is done by his close family, legal representative, defender or third
for procedure on assessing the decrease of capacity to work for people with
disabilities is raised based on the request of the person with disabilities,
member of a close family, legal representative, his guardian
or third person.
5. Attached to
the request shall be provided necessary documents on determination of decreased
ability to work
of request, who is dissatisfied with decision of professional commission of the
first level, has a right to appeal to second level organ within MLSW.
of Labour and Social Welfare in cooperation with Ministry of Health, with
special sub legal act determines the level of working capacity for persons with
of application for determination of disability and acknowledge of the rights to
ability, rehabilitation, and employment are regulated by sub legal acts issued
by Ministry of Labour and Social Welfare.
(3) In procedure of deciding for determination
of decreased ability to work for Persons with disabilities and also acknowledge
of the right to work according to this Law, are applied Legal provisions on
general administrative procedure.
VOCATIONAL ABILITY, REHABILITATION AND TRAINING OF PEOPLE WITH DISABILITIES
with disability has a right to Rehabilitation and Vocational Training according
to general conditions laid down by this Law. In certain cases rehabilitation
shall be maid in special schools and other Institutions according to
curriculums for vocational ability, Rehabilitation, when it is necessary due to
the burden and type of importance it has.
ability, rehabilitation of people with disabilities includes these measures and
2.1.determination of mental capacity to work,
counseling and evaluation of occupational capacity,
labour market, possibilitiesof employment
and inclusion at work,
2.4.evaluation of possibility for ability, rehabilitationanddraft of ability, rehabilitation programs,
training, additional qualification, re qualification with advancement and
maintaining programs regarding working and social skills up to the period of
2.6.information and counseling with
technological processes during vocational training for employment,
2.7.self and joint programs for advancement of
social work and integration into society,
2.8.vocational education, planning and
application of selected technology,
2.9.advising proposals on application on
different techniques and technologies regarding learning and work parallel to
evaluation of possibilities of their application,
2.10.technical help, support, follow up and
evaluation of results, as well as
11.information, support and financial
of professional ability, rehabilitation, depends on remaining capacity to work,
complexity of organization and application of measures and activities.
ability, rehabilitation of people with disabilities is organized and managed by
Center of Vocational Rehabilitation of Kosovo.
of Vocational Rehabilitation and ability are realized in educational
institutions, employment offices, Centers of Vocational Training, and other
legal persons, who meet conditions for vocational training and education, laid
down by this law and other applicable laws.
Personal engagements for vocational training and rehabilitation
with disability, alone can contribute to his/her vocational rehabilitation,
retraining and employment:
1.1.looking forward to education and his/her
vocational training dependent fromopportunities offered and his/her abilities and skills,
1.2.applying in public vacancy announcementfor job positions, for whichpositionsthecriteriaare met,
1.3.receiving the work offered and readiness for
carrying out such work,
duringtraining and occupational work,
1.5.cooperation on issues of training and
occupational work with the doctor, defectologist, psychologist, social worker,
technologist and directly with dependent employee.
1.6.approving of reasonable proposal offered by
employer regarding change of work, respectively assigning on other adequate
works due to termination of the needs or inability to carry out current works,
1.7.through vocational training during work,
according to the needs and additional qualification or re qualification with a
purpose of maintaining the job position.
Governmental policies for vocational training
policies regarding vocational training and employment of people with
disabilities shall include:
1.1.vocational training and rehabilitation and
other forms of support for employment of people with disabilities;
1.2.principals, forms of action and methods of
vocational preparation implemented generally in qualification of other persons
are implemented in cases when people with disability up to the level allowed
by his/her abilities;
1.3.possible and necessary measures for creating
and developing specialized services of vocational training regarding people
with disabilities, which help for finding a job and advancement in job position;
1.4.educational curriculums according to modular
system which enables individual training for people with disabilities;
1.5.joint training of people
with disabilities with others, in the same space with the same trainer, with a
purpose of their integration into society;
1.6.engagement of institutions that do offer
vocational training to create a suitable physical environment for less
difficult access of
people with disabilities;
1.7.training of administrative and technical staff
of rehabilitation and employment institutions, who directly work with people
Special and general conditions of employment
with disability has a right to employment, integration in labour market with
general and special conditions laid down by this Law.
special conditions people with disabilities are employed in Center for Vocational Ability,
Rehabilitation, protective work place and at working center, who based on
working abilities and according to general conditions are not able for
employment in open labour market or are not able to keep their job.
with special conditions of people with disabilities is considered also
self employment and employment in family economy.
general conditions is meant employment of people with disabilities in open
Employment in open labour market
administration bodies, employers of private and public sectors and also
nongovernmental organizations are obliged to employ people
with disabilities with appropriate conditions.
employer is obliged to employ a person with disability, in every fifty (50)
who does not meet obligations referred to in paragraphs 1 and 2 of this
article, is obliged to pay monthly contributions for incitement of employment
for persons with disabilities in the level of 1% of minimal wage to the Kosovo
on status and category of disability, Ministry of Labour and Social Welfare
with special sub legal act, will rule and determine job positions and
appropriate jobs for people with disability.
Establishment of employment relationship
with disabilities concludes employment relationship by signing the labour
contract in accordance with Labour Law, Collective Agreement and internal act
with disabilities has all the rights and duties laid down by Labour Law,
Collective Agreement, this Law and labour contract.
with disabilities may work during the night, over time or in changing working
time, in harmony with evaluation of professional commission which has
determined the decreased working ability.
of ensuring employment for people with disabilities may accord with the
employee regarding adaptation of working conditions and employment
relationship, working time, working time duration, professional supervision,
covering expenses of adaptation also the level of those expenses and other
of ensuring employment as referred to in Article 18 of Paragraphs 1, 2and 3 of this Law or other natural or legal
person, may accord with person with disabilities regarding conditions of
adaptation and employment relationship, working time, working time duration,
professional supervision, covering work adaptation expenses also level of those
expenses and other employment relations.
Center of Vocational Ability, Rehabilitation and Employment in Kosovo
vocational training, rehabilitation and employment of Kosovo is in competence
of the Ministry of Labour and Social Welfare.
vocational training, rehabilitation and employment of Kosovo is an institution
established with a purpose of vocational rehabilitation and incitement of
employment of people with disabilities.
means for the work of the Center are assured by establisher, by service
activities of the Center also by local and foreign donations.
protective workplaces and working centers is regulated with special sub legal
act issued by MLSW.
vocational ability, rehabilitation and employment of people with disabilities
ability, rehabilitation according to labour market needs for all people with
of appropriate employment for people with disabilities, in accordance with
remaining capacity to work.
of programs, practices and strategies for vocational ability, rehabilitation
and incite of employment for people with disabilities.
and efficient implementation of vocational ability, rehabilitation education curriculums
determined by Kosovo Government.
1.5.creationofsupport projects regardingvocationalandemployment rehabilitation ofpeople with disabilities.
regarding subvention and different donations with a purpose of supporting self employmentofpeople with disabilities.
respective technology, regarding training andeducation ofpeople with
of protective workplace, working center and other enterprises, which enable
rehabilitation and employment of people with disabilities and also
management and administration of many other issues which are related with
rehabilitation and employment of people with disabilities.
Employment evidence of people with disabilities
1.Employmentevidenceofpeople withdisabilitiesaccording tothislaw iscarriedout and leaded by employment offices,
according to dwellings.
rules of keeping evidence are determined by Ministry of Labour and Social
Welfare with sub legal act.
obliged to send to officials of employment the following information for people
with disabilities who are employed by him/her:
3.1.name, surname and address of residence;
3.2. date of employment
of employment relationship termination.
4.Deadline for submitting these information by employer
regarding employees that are in employment relationship is sixty (60) days from
the day of entry into force of this Law, as referred to in Paragraph 3 of this
Article, while the deadline regarding new employees and also termination of
employment relationship for people with disabilities is thirty (30) days from
the day of commencing work, respectively the day of employment relationship termination.
Obligations of new employer (recently established)
employers, from very moment of acquiring the license for exercising the
activity, in a deadline of twenty four (24) months are released from
obligations regarding employment of people with disabilities.
referred to in Paragraph 1 of this Article, which requires postpone of the
deadline for twenty four (24) months regarding obligation of employing people
with disabilities, is obliged to justify the request in a detailed manner.
decision which is issued by responsible organ of MLSW regarding postpone of the
obligation as referred to in Paragraph 2 of this Article is submitted to office
who are established and registered according to Law, but are not obliged for
employment of people with disabilities according to paragraph 2 Article 12 of
this law may employ this category in appropriate work according to this Law and
shall enjoy stimulations and benefits laid down by this Law.
BENEFITS OF EMPLOYERS BY EMPLOYING PEOPLE WITH DISABILITIES
Financial benefits in the occasion of employment
employs people with disabilities, as well as the person with disabilities who
exercises independent activity, the right for customs and tax facilitation
shall realize according to the tax and customs laws in force.
2.For a person
with hundred percent (100%) disabilities user of pension for disabilities, the
pension shall be transformed to a personal assistance for assistant at work.
Material stimulation in money
employs the person with disability who is unemployed, according to law
provisions, except employer as referred to in Article 11 of this Law, he/she
also has the right to material means.
stimulation in money is determined in the level of compulsory contribution in
wages, determined by compulsory provisions of pension insurance, based on
compulsory contribution paid for wages, determined by provisions on health
insurance and also compulsory contribution paid for wages, determined according
to law which regulates mediation in case of employment and the rights during
the period of unemployment.
payment of material stimulation in money is presented by employer to the budget
of Kosovo. The receipt of material stimulation in money is attached to the
request,withthe data ofpeople withdisabilities, and on
contribution paid in wages forthose
people.To the request is attachedalso
evidence that contributions have been paid forall employees and copies of wage bank account for people with
disabilities, while first time also evidence foremploymentandremainingcapacityto work.
present the request for payment of material stimulation in money at the end of
month. Stimulation in money is paid in a deadline of thirty (30) days from the
day of presenting the request with necessary data.
bodies are authorized for vocational rehabilitation and employment of people
with disabilities, to publish the form of realization of rights to material
stimulation, andalso throughdirecting competent organs, to oversee
regularity of calculationofstimulationin money andcredibilityof evidences.
Center for vocational ability, rehabilitation and employment
in Kosovo, for services provided to people with disabilities pays public
services at the same level as house works.
cuts, revenue cuts and other alleviations, Center for vocational ability, rehabilitation,
protective workplace, working center and other employers keep special
assured by benefits are used only for:
of capacity of the Center for training and employment of people with
of new job positions,
2.3.supplying of the Center with new
the standard of people with disabilities.
Donations for special destination
vocational ability, rehabilitation and employment in Kosovo, protective
workplace and working center, may accept donations in financial means and
is a definite Grant, then criteria are determined within agreement by donor,
while if the Grant is indefinite then the criteria are determined by
financial means are not used for wages of employees, which according to tax
provisions are considered incomes.
financial means or equipments, center for vocational rehabilitation, protective
workplace and working center, manage and use them as means with special
special destination are managed in special accounts.
of special destinations referred to in paragraph 1 of this article, are obliged
to submit annual financial report to overseeing body for vocational ability, rehabilitation
and employment and for donor as well.
means referred to in paragraph 1 of this article, which are not spent for
destinations as in paragraph 2 of this article, are transferred to Kosovo
budget and are used for vocational rehabilitation and employment of persons
FINANCIAL MEANS OF EMPLOYMENT FOR PEOPLE WITH DISABILITIES
means for employment of people with disabilities are assured by:
administration organs, employers of private and public sector, where the person
with disabilities has worked previously and where his/her disability to work
during work process was determined. Employers and employees associations,
different local and international NGOs, through receive of different donations,
Assurance of these means and reports through these subjects, for subvention of
employment of people with disabilities is regulated by special agreement.
for rehabilitation, vocational training and employment of persons with
disabilities is made by the Kosovo budget.
rehabilitation, vocational training and employment of persons with disabilities
is managed and overseen by Ministry for Labour and Social Welfare in Kosovo.
means for rehabilitation, vocational training and employment of persons with
disabilities are provided from Kosovo budget as founder means, means of special
contributions; suffice means of special destination, other incomes based on the
law and other provisions, and also donations of local and international legal
collected shall be dedicated for:
programs and advancement of vocational rehabilitation and employment of people
institutions for vocational rehabilitation;
4.3.paymentofmaterialstimulation in money;
financing of programs for maintaining employment of people with disabilities;
other job positions of people with disabilities.
penalty in money from five hundred (500) up to two thousand (2000)€ shall be
punished the employer and his curator:
discriminates in employment according to Article 5 of this Law,
does not pay special contribution, while he/she was obliged to pay it according
to Article 12 of this Law,
towards person with disability behaves in contradiction with provisions of
Article 13 of this law,
does not submit the data regarding person with disability according to Article
16 of this law,
uses the means for special destination for other purposes and does not manage
into special account according to Article 22 of this law,
does not submit financial annual report for means with special destination
according to Paragraph 6, Article 22 of this law and also
does not pay suffices means of special destination in sub budgetary code
according to Paragraph 7 Article 22 of this Law.
Oversee of legality of this Law and sub legal acts
implementation, is made by Ministry on Labour and Social Welfare.
Transitory and final provisions
are obliged regarding internal acts which regulate employment relationship be
harmonized with provisions of this Law no longer than six (6) months after this
law has entered into force.
issuance of internal act referred to in Paragraph 1 of this Article, are
directly applied provisions of this Law.
Up to the day of entering into force of this Law, people
with disabilities do realize the rights and duties from employment relationship
based on provisions that have been enforced.
Ministry of Labour and Social Welfare, in coordination with
other respective ministries, shall issue sub legal acts for implementation of
this Law within deadline of 1 year after entering into force.
By entering into force of this Law are nullified all legal
provisions into force that are in contradiction with it.
This law enters into force fifteen (15) days
after publication in the Official Gazette of the Republic of Kosovo.
Law No. 03/L-019
18 December 2008
Promulgated by the Decree
No. DL-084-2008, dated 07.01.2009,
of the President of Republic of Kosovo, Dr. Fatmir Sejdiu.