Austria

Disability Definition

The Federal Constitution Act contains no definition of who should be responsible for the issue of disability. Many federal and Länder acts contain legal provisions which are of significance to people with disabilities. These acts have varying objectives and thus contain numerous different definitions of disability. In the field of the disability equality, for example, it is a question of comprehensive (in as far as this is possible) protection in the area of the federal administration, and in access to and the provision of goods and services which are available to the public. The Public Employment Service, on the other hand, supports people who have difficulty in gaining a foothold in the labor market due to their disability.

The 2010 Assessment Regulation created modern medical criteria and parameters to determine the extent of a disability during an examination by medical experts. The assessment of the extent of a disability or the severity of a disability has a particular effect on the individual offers of subsidies and support provided by the BMASK and the Federal Social Office. Disability as defined by this regulation is “the effect of a non-temporary physical, mental or psychological impairment or an impairment of the senses which makes participation in the life of society, particularly in normal working life, difficult.

Employer Legal Requirements

According to section 1 of the Disability Employment Act (BEinstG), an employer with at least 25 employees must employ a person with a disability for every 25 people that they employ. For every disabled person not employed a compensation (Ausgleichstaxe) must be paid by the employer to the Federal Office for Social Affairs and Disabled Persons (section 9, BEinstG). Access the details and specific payment requirements: Compensation and Tax Premium
Employment and employee benefits in Austria: Overview
Employers’ data protection obligations
Employers must comply with the GDPR. For example, personal data must be processed lawfully, fairly and in a transparent manner in relation to the data subject and only collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes. Personal data must also be adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (Article 5, GDPR). Practical Law (thomsonreuters.com)

Cultural Norms

People with disabilities have access to adequate and affordable healthcare in Austria due to socialist healthcare policies, but the country has a ways to go in terms of disability self-advocacy: “Austria is a traditional, rather conservative welfare state,” says senior lecturer Dr. Ursula Naue of the University of Vienna. “What is striking in comparison to other countries, is that there are only a few influential groups where persons with disabilities represent themselves and speak for themselves. Organisations where people without disabilities act and speak on behalf of disabled people dominate the scene.”

Reference: Disability across the world: living with a disability in Austria | Disability Horizons

Insights

According to a microcensus survey carried out on behalf of the Ministry of Social Affairs by Statistics Austria between October 2007 and February 2008, approximately 20.5% of the resident population in private households in Austria have a permanent impairment. This represents a total of around 1.7 million people.

Reference: National Action Plan on Disability 2012 – 2020

Unemployment among people with disabilities is about two times higher than among the general population. Recently, a business network that focusses on awareness of the needs of disabled people within work has been established. It involves high-profile corporations in Austria, such as REWE, IBM and Bank Austria.

Reference: Disability across the world: living with a disability in Austria | Disability Horizons

Talent Sourcing Resources

Netzwerk Berufliche Assistenz provides six professional assistance services are currently combined under the umbrella brand NEBA, which are implemented by over 200 providers across Austria. This includes an employer assistance network for talent sourcing.

References

Governing Disability in Austria: Reflections on a changing political field | Naue | Disability Studies Quarterly

Austria Federal Constitution