Entitlements of employees with disabilities | Gdańsk University of Technology

1. disability - a permanent or temporary inability to fulfil social roles due to a permanent or long-term impairment of bodily functions, in particular resulting in an inability to work; 

   person with disability - a person whose disability has been confirmed by a certificate of qualification by the adjudicating bodies to one of three degrees of disability:

   a) significant - a significant degree of disability includes a person with impaired bodily functions, incapable of working or capable of working only in sheltered employment conditions and requiring, in order to fulfil social roles, permanent or long-term care and assistance of other persons in connection with inability to lead an independent existence, 

   b) moderate - the moderate degree of disability includes a person with physical impairment, who is incapable of work or capable of work under the conditions of protected labour only, or who requires temporary or partial assistance from other persons in order to fulfil their social roles, 

   c) light degree of disability - a person with an impaired ability of the organism, which results in a significant reduction of the ability to perform work in comparison with the ability of a person with similar professional qualifications with full mental and physical capacity or who has limitations in fulfilling social roles which can be compensated with the use of orthopaedic equipment, aids or technical means. 

2. adapted workstation of a person with disabilities - a workstation which is equipped and adapted to the needs resulting from the type and degree of disability. 

A person with a disability may work on condition that he or she is authorised to work by an occupational physician and that the work on the job is in accordance with the indications contained in the certificate of the medical examiner. 

Being classified as having a significant or moderate degree of disability does not exclude the possibility of employing this person with an employer who does not provide protected working conditions, in cases where: 

1) adaptation by the employer of a workstation to the needs of a disabled person; 

2) performance of remote work. 

A person with a disability may not work more than 8 hours per day and 40 hours per week. The working hours of a person with a moderate or severe disability must not exceed 7 hours per day and 35 hours per week.  

A person with a disability may not be employed during night time and overtime. 

The working hours for persons with disabilities and the prohibition of night-time and overtime employment does not apply in two cases: 

• persons employed in guarding and 
   
• when, at the request of the person employed, the doctor carrying out preventive examinations of workers or, in the absence of such a doctor, the doctor caring for the person agrees.  

A person classified as having a significant or moderate degree of disability is entitled to an additional leave of absence of 10 working days per calendar year. The person becomes entitled to the first additional leave after having worked for one year following the date on which he or she is classified in one of the degrees of disability. 

Such leave shall not be granted to a person entitled to annual leave in excess of 26 working days or to additional leave under separate legislation. Therefore, additional leave is not granted to academic staff. 

A person with a severe or moderate degree of disability is entitled to exemption from work with the right to remuneration: 

1. in the amount of up to 21 working days in order to participate in a rehabilitation turnout, no more often than once a year, based on the application of the doctor taking care of that person for a referral to a rehabilitation turnout. The doctor's request shall specify the type of rehabilitation period and its duration. The employee shall present the referral to the employer at such time as will enable the normal course of work at the university to be ensured; 
    
2. in order to undergo specialised examinations, therapeutic or improvement treatments, as well as to obtain orthopaedic supplies or their repair, if such activities cannot be performed outside working hours. 

The basis for the payment of remuneration for the time off is the document submitted to the employer, which confirms the stay at the holiday, issued by the organiser of the holiday. 

The total amount of additional leave and time off work may not exceed 21 working days per calendar year

. 

A person with a disability is entitled to an additional break at work for improvement gymnastics or rest. The break time shall be 15 minutes and shall be included in working time. This does not violate the provision of Article 134 of the Act of 26 June 1974. - Labour Code.  

An employed person who, as a result of an accident at work or an occupational disease, has become incapable of working in his or her current position shall be obliged by the employer to allocate or organise a suitable workstation with basic welfare facilities, no later than within three months from the date of notification by that person of his or her readiness to join the job. The notification of the person's readiness to join the job should be made within one month from the date of recognition as a person with a disability. 

The above does not apply if the sole cause of the accident at work was a violation of health and safety regulations by the employee due to his/her fault or his/her state of intoxication - proven by the employer. 

The application of the working time standards referred to in Point. III shall not lead to a reduction in the amount of remuneration paid at a fixed monthly rate.  

The hourly rate of basic pay corresponding to the personal classification or job classification on conversion to the working time standards referred to in Point. III, shall be increased in proportion to the ratio of the previous working hours to these standards. 

An employer is obliged to provide the necessary reasonable accommodation for a person with a disability who is in an employment relationship with him/her, participating in the recruitment process or undergoing training, internship, vocational preparation or apprenticeship or graduate training.  

An employee of Gdansk University of Technology with a disability may apply for a PG campus access card in accordance with the Regulations for the issue of campus access cards of Gdansk University of Technology. Link to the application. 

If the facilities of Gdansk University of Technology are inaccessible or if there are barriers on the premises, the employee may apply to the Representative for Persons with Disabilities. 

Necessary reasonable accommodation consists of making changes or adjustments necessary in a particular situation to meet the specific needs notified to the employer arising from the particular needs of the person concerned, provided that making such changes or adjustments would not result in a disproportionate burden being imposed on the employer. These burdens are not disproportionate if they are sufficiently compensated from public funds. 

On the other hand, failure to make the necessary reasonable accommodation is considered a violation of the principle of equal treatment in employment within the meaning of the provisions of the Act of 26 June 1974. - Labour Code