So called facultative compensation is based on Section 81 of the Employment Act No. 435/2004 Coll. (MLSA Interpretation on the Employment of Persons with Disabilities, MLSA - Protected Labor Market), which clearly obliges all companies, companies or organizations employing more than 25 employees to employ persons with disabilities, at least 4% of the total FTE. This means, for approximately every 25 persons, the obligation to employ one person with disabilities.
Accordingly, such an entity may, by law:
- a) to employ persons with disabilities in an employment relationship
- b) to cooperate with someone who directly employs those persons in a proportion of more than 50%
- c) make a contribution to the state budget
or combine all of the above.
Points (b) and (c) are so-called substitute benefits in the event that the entity cannot or does not want to employ persons with disabilities directly.
Our solution
Activa, as a leading supplier of office supplies, has been contacted from the very beginning of the Employment Act by various entities meeting the legal conditions of providing so-called substitute performance with offers to cooperate. Similarly, she was contacted by her customers and asked for supplies of office supplies under the so-called substitute performance regime.
The situation was further aggravated by the business of several private entities, which began to implement the so-called substitute supplies in the supply of office supplies. In view of the fact that the national supervisory authorities have recognized and continue to recognize these supplies as proper substitute performance, Activa reacted by establishing a subsidiary Office Assistance in order to maintain its market share. Since January 2009, Activa has transferred all of its employees with reduced working ability to a new subsidiary, Office Assistance.
Activa was forced to provide a comprehensive range of office needs for new companies (employers of the disabled), which have “free” capacities, so as to respond to the legislative change in 2012 and substitute performance. These companies always trade in their own name and use Activa's services to various extents (eg catalogs, e-shop, transport).
If you have any questions about the facultatice compensation, you can contact us on the address nahradni.plneni@activa.cz.
