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skills as fully as possible"2. The act does, however, allow the employer to substitute a fee and "buy out" of this obligation. In the past, employers have attempted to avoid taking on new staff with disabilities by satisfying the quota through long-standing employees diagnosed as disabled*.
Under the Severely Disabled Persons Act the disabled employees are entitled to special employment protection. A person with a disability can only be given notice of dismissal with the consent of the main welfare body. This, however, discourages employers from hiring individuals with disabilities because it gives them the false impression that disabled persons have absolute job security.
The act establishes finance grants, which are administered by the main welfare agencies in collaboration with psychosocial services and independent agencies. These grants are intended to ensure that disabled persons are employed in accordance with their skills and knowledge and that they do not lose their social status. The grants are not linked to the severity of the disability. People with mental health disabilities usually do not want to be issued "a disability identity card," which indicates that they are 30% to 50% disabled and unable to find or retain employment for fear of stigmatisation.
German legislation does not differentiate between physically, mentally, or psychologically disabled people, which can lead to unequal treatment for the mentally and psychologically disabled. Because much of medical, occupational, and social rehabilitation is geared to physical disabilities, it can be counterproductive for the mentally disabled, whose treatment requires a highly integrated team approach.3 Rehabilitation facilities are usually located a long way from people's homes, which, in the case of the mentally disabled, often worsens the feeling of social isolation.
Vocational training for people with disabilities
In Germany, the Federal Institute for Vocational Training recognises about 780 training regulations for disabled persons, relating to approximately 150 occupations. People with disabilities can apply to the agency responsible for specific training for training according to special regulations.
The Vocational Training Act and the Crafts Regulations provide for the modification of training courses set out in the Training Regulations to take into account the needs of disabled trainees. To increase equality of opportunity, the Federal Institute for Vocational Training adopted a recommendation in 1998 for the development of nation-wide special training regulations for disabled persons. The chambers of industry, commerce, and crafts have also passed regional training regulations. The mentally disabled, like the physically disabled, receive the help and services required for their permanent integration into the workplace. However, professional rehabilitation is not implemented as automatically for the mentally disabled as for the physically disabled. Characteristics of mental health disability make targeted rehabilitation more difficult. "It is often not possible to make a safe prediction with regard to the success of the measures; if this is the case it is necessary first to develop prospects for rehabilitation within the framework of specific preparation for work which helps to chart a course from clinical supervision into the real world of work and social life."5
*In Germany, all people who are legally recognized as being disabled are labelled "schwerbehindert" which translates literally as being "severely disabled": Within the law, there exist different levels regarding the degree of disability. As the term "severely disabled" creates misunderstandings in international discussion, this report refers to disabled persons meaning all persons having a legally recognized disability and being covered by the Severely Disabled Persons Act.
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