disabled workers
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2022 ◽  
Vol 6 (1) ◽  
Author(s):  
Tri Wahyu Kurniawan

ABSTRACTThis study aims to determine the form of legal protection against disabled workers with disabilities. This study uses normative research methods with data collection techniques used to solve the problem formulation is by library data obtained based on legislation and literature - literature or official books. Data analysis used is qualitative approach to primary data and secondary data. The result of the research can be concluded that the form of legal protection for workers with disabilities who are harmed by employers by viewing or reviewing Law No.13 Year 2103, in the law has regulated the legal protection for workers with disabilities. Therefore, the need for legal protection is preventive and repressive, by increasing the supervision of the relevant agencies so that the disability workers are not harmed by the employer. And if there has been a dispute then it can be a repressive legal protection, which prioritizes the form of bipartite negotiations, in deliberation and tripartite, mediated by the facilitator. If in such endeavors remain unreachable, either party may make a lawsuit by enclosing minutes of negotiations and being registered with the industrial relations court at the local district court. ABSTRAKPenelitian ini bertujuan untuk mengetahui bentuk perlindungan hukum terhadap pekerja penyandang disabilitas yang dirugikan. Penelitian ini menggunakan metode penelitian normatif dengan teknik pengumpulan data yang digunakan untuk memecahkan rumusan masalah yaitu dengan data kepustakaan yang diperoleh berdasarkan dari perundang – undangan dan literaturr - literatur atau buku - buku resmi. Analisis data yang dipergunakan adalah pendekatan kualitatif terhadap data primer maupun data sekunder. Hasil penelitian dapat disimpulkan bahwa bentuk perlindungan hukum bagi pekerja penyandang disabilitas yang dirugikan oleh pemberi kerja / pengusaha dengan melihat atau meninjau Undang-Undang No.13 Tahun 2103, di undang-undang tersebut sudah mengatur tentang perlindungan hukum bagi pekerja penyandang disabilitas tersebut. Untuk itu perlunya perlindungan hukum secara preventif dan represif,  dengan lebih meningkatkan pengawasan dari dinas terkait agar pekerja disabilitas ini tidak dirugikan oleh pemberi kerja. Dan jika telah terjadi perselisihan maka dapat dilakukan perlindungan hukum secara represif,  yang lebih mengutamakan ke bentuk perundingan secara bipartit, secara musyawarah dan tripartit, dengan ditengahi oleh fasiliator. Jika dalam upaya tersebut tetap tidak mencapai kesepakatan, maka salah satu pihak dapat membuat gugatan dengan melampirkan risalah hasil perundingan dan didaftarkan ke pengadilan hubungan industrial di pengadilan negeri setempat.


2021 ◽  
Vol 31 (Supplement_3) ◽  
Author(s):  
J Jansen ◽  
CRL Boot ◽  
M Alma ◽  
R van Ooijen ◽  
PWC Koning ◽  
...  

Abstract Background Employers play an important supportive role in facilitating sustainable Return to Work (RTW) of workers with disabilities. Little is understood about how employers deal with their supportive role, what kind of support they offer and which facilitators of employer support are important to successful RTW. Methods A semi-structured interview study was conducted among 27 employer representatives (e.g. supervisors, HR managers, case managers) of companies in the Netherlands who had experience in retaining at least one disabled workers within their company. Participants were included through purposive sampling on sector and company size. Data was analyzed by means of thematic analysis. Results We identified three different types of employer support: 1. instrumental support (offering work accommodations), 2. emotional support (encouragement, empathy, understanding) and 3. informational support (providing information, setting boundaries). Facilitators of employer support were categorized into three main themes: 1. good collaboration, with subthemes (in)formal contact, trustful relationships, mutual responsibilities and (in)formal networks, 2. employer characteristics, including supportive organizational culture, leadership skills and flexibility, and 3. employee characteristics including flexibility and resilience. Conclusions Different types of employer support are considered as important in the RTW process of disabled workers. Besides offering work accommodations, also emotional and informational support are necessary. In addition, good collaboration and flexibility of both employer and employee may be viewed as facilitators for optimizing supervisor and employee interaction during the RTW process. Key messages Instrumental, emotional and informational support by the employer are important in the RTW process of disabled workers. Facilitating factors include collaboration, flexibility and leadership.


Work ◽  
2021 ◽  
Vol 70 (1) ◽  
pp. 287-300
Author(s):  
Jarna Pasanen

BACKGROUND: Previous research regarding interaction between disabled workers and insurers indicates that encounters between these parties are predominantly negative in nature and may result in psychosocial harm for workers. Further research is required to investigate positive interactions to foster return to work after illness or injury. OBJECTIVE: To explore and conceptualize perceived positive encounters between disabled workers and insurers in order to identify the mechanisms that support successful rehabilitation outcomes. METHODS: This qualitative study explored the experiences of twenty-four disabled workers who had undergone an occupational rehabilitation process. Data were collected with in-depth semi-structured interviews, transcribed, coded, and analyzed using inductive content analysis. RESULTS: Four main themes arose from the 24 key concepts relating to the positive encounters: (1) process flow, (2) customer orientation, (3) information and guidance, and (4) service attitude. The results also reveal that perceived positive encounters promote the return to work not only directly, but also indirectly by improving the informants’ motivation, which has previously been found to be one of the most significant factors explaining the outcomes of rehabilitation. CONCLUSIONS: The positive relationship between disabled workers and insurers during an occupational rehabilitation could be better understood through a conceptualization of perceived positive encounters. Underlining the importance of positive encounters and their ability to improve the rehabilitee’s motivation may contribute to better support methods for the return to work.


2021 ◽  
pp. 095001702110347
Author(s):  
Gemma L Bend ◽  
Vincenza Priola

This article explores the lived experiences of disabled men and women who work in sheltered employment. Specifically, it analyses how the entanglement of sociomaterial practices affects disabled workers’ co-constructions of work and disability. Theoretically grounded in posthumanist performativity theory, the article shows how embodied employment experiences within organisational spaces contribute to the materialisation of disability. Findings emerged from ethnographic participant observations and interviews with management and workers at a sheltered workshop. The data highlight how the entanglement of bodies, space, objects and discourses affects materialisations of disability in ways that appear more inclusive than in mainstream employment. However, these sociomaterial practices remain embedded in a productivity-oriented work logic.


Author(s):  
KwanHo Suk ◽  
SeJeong Yun

Despite increasing interest among researchers in the job satisfaction of disabled employees, surprisingly little attention has been directed to the difference in job satisfaction between disabled and non-disabled employees in Korea. This research intends to understand the levels of job satisfaction between employees with and without disability. Another important goal of the current research is to understand which job characteristics can explain the difference in job satisfaction between disabled and non-disabled employees. This paper analyzed Korean Labor and Income Panel Study (KLIPS) data collected in 2018. The result showed that disabled paid workers’ job satisfaction was lower than that of non-disabled workers. Mediation tests indicated that the difference in job satisfaction can be explained by several job properties such as lower monthly income, fewer fringe benefits, mismatch between job and skill, and greater proportion of part-time workers of disabled (vs. non-disabled) employees.


2021 ◽  
Vol 17 (26) ◽  
pp. 44
Author(s):  
Marta Alexandra Gonçalves Nogueira ◽  
Célia Maria Adão de Oliveira Aguiar de Sousa

The inclusion of People with Disabilities (PwD's) in the labor market is a challenge and a great opportunity for companies. This inclusion process has the power to generate a great social impact in the life of PwD since they can be paid and can also play an important role that makes them feel proud and useful to society. However, this community faces many difficulties both in their inclusion and during their day-to-day work. This paper, therefore, focuses on exploring and understanding how organizations welcome these workers, what emotions they feel and how they manage them, and how well communication takes place in this context. A mixed methodology was used, with recourse to qualitative and quantitative research. Fifty disabled workers and 314 of their co-workers, employees of the Auchan Portugal Group, participated in the study. The results showed that PwD's recognize their emotions when interacting with their co-workers, but most of them disguise themselves when they feel discomfort. The feeling/emotion that mostly characterizes the daily professional life of these people is pride, which refers to the importance that work plays in their daily lives. As for organizational communication, PwD's consider it to be accessible. It was also possible to notice that although most PwD feel integrated, they suggest greater sensitivity from the employer, adapted work, and more accessibility in the workplace.


2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Pierre Koning ◽  
Heike Vethaak

Abstract This paper estimates Age–Period–Cohort models on employment rates of Dutch Disability Insurance (DI) applicants. We find that the substantial decrease in employment between 1999 and 2013 is explained by year-of-application cohort effects and that period effects are negligible. In turn, application cohort effects partly stem from increasing shares of applicants without permanent contracts. Changes in application cohort effects are largely confined to the years following two DI reforms that increased self-screening among workers. We next analyze changes in employment rates of awarded and rejected applicants and follow a Difference-in-Differences approach. Assuming common compositional cohort effects, we infer negligible effects of changes in benefit conditions.


Disabilities ◽  
2021 ◽  
Vol 1 (3) ◽  
pp. 161-173
Author(s):  
Paula Holland

Workplace inflexibility contributes to the higher rates of job loss and unemployment experienced by disabled people. Prior to the COVID-19 pandemic, many countries already had significant disability employment gaps. Based on evidence from previous recessions, the global recession resulting from the pandemic is likely to have a severer and longer-lasting impact on the employment of disabled workers compared with non-disabled workers. In the UK, there is already evidence that the disability employment gap has widened since the pandemic. On the other hand, the pandemic initiated increased access to home-working, a change in working arrangements that may prove beneficial to disabled workers employed in desk-based roles. Home-working can increase the accessibility of employment and support work retention for disabled workers, yet pre-pandemic many employers had withheld it. Studies of employees’ and employers’ experiences of home-working during the pandemic have indicated a desire to retain access to home-working in the future. A permanent cultural shift to increased access to home-working would help address the disability employment gap for desk-based workers. However, disabled workers are over-represented in jobs not conducive to home-working, and in sectors that have been hardest hit by business closures during the pandemic, so the position of many disabled workers is likely to remain precarious.


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