Businesses that resist employing people with a disability are using the enforcement process as an excuse to breach the law, according to the executive director of the Lino Spiteri Foundation.
In comments to this newspaper following criticism of the legal provision on the recruitment of disabled people, Nathan Farrugia insisted that relying on employers’ goodwill had worked only with a few open-minded companies.
Despite government funding that covers up to 75 per cent of wages, an exemption from paying National Insurance, support in the way of schemes by the Employment and Training Corporation and private organisations, Malta still hits rock bottom when compared to similar European economies, he said.
By law, at least two per cent of the workforce in companies with more than 20 people must be listed in an ETC register of people with a disability. Defaulting employers are being fined, with the proceeds channelled to the foundation, which aims to boost the participation rate of disabled workers.
It’s a great pity that employers are seeing this as a fine, rather than the contribution that it truly is
“It’s a great pity that employers are seeing this as a fine, rather than the contribution that it truly is. It’s also quite upsetting that people with a disability are being seen as a burden and a cost because of the process undertaken to enforce an age-old law.
“Employers pride themselves on being of high standard in the way they run their companies, yet from an EU standpoint our human resources record in this regard is abysmal. We can’t pick and choose when to act like modern employers,” Nathan Farrugia said.
He noted that focusing on the quota was missing the wood for the trees. “If we are worried about the yearly €800 contribution by companies paying for over 20 full-timers, then I’m truly worried our society is far from emancipated and tolerant… The few opponents to the uptake of people with a disability within their businesses are using the enforcement process as their main excuse to comply with a present law.”
The foundation helps both employers and potential employees who are finding it daunting. It matches skills with tasks and also offers job coaching support.
Harmonious communication between the foundation and the employer was therefore critical, so it was worrying that the Malta Employers’ Association was not doing more to facilitate this rather than focusing on the negative issues, he said.
When contacted, director general Joseph Farrugia said the MEA was not focusing on the negative aspects and it had urged members to make every effort to employ people with a disability, not only because it was a legal imposition but also as part of the prevailing socially responsible culture.
The members have meanwhile also been instructed to suspend payment of ETC’s invoices until further discussions.
“There would have been more harmonious communications with employers if they had been consulted before the measures were announced in the Budget… I have also been copied with numerous communications between ETC and employers that cannot be classified as harmonious.”
Mr Farrugia also contested the term “contribution”, which, he said, was voluntary by nature. The issued invoices were imposed and could not be called a contribution, he said, adding it would have been more acceptable to call a spade a spade and use the correct term: penalty or fine.
The MEA was aware of the fiscal incentives, and had welcomed them. “The major sources of the dispute is the disregard of consultation and the heavy-handed approach towards employers.
“Regretfully, the general message by ETC and the foundation is that they are more keen to raise funds than to place people with disability in employment,” he said.
Asked about the low inclusion record, he said that comparisons between countries could be misleading, as the extent to which people opted to register varied considerably for cultural and historical reasons.