Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) - Spain (RATIFICATION: 1990)

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The Committee notes the observations of the Trade Union Confederation of Workers’ Commissions (CCOO) and of the General Union of Workers (UGT), received on 11 and 17 August 2017 respectively. The Committee also notes the Government’s reply to earlier observations included in its report.

Articles 2 to 7 of the Convention. Implementation of a national policy on vocational rehabilitation and employment of persons with disabilities. Consultations. The Committee notes the Government’s indication in its report that the measures relating to the employment system for persons with disabilities indicated in its last report are still in force. The Government refers to three types of measures in particular: integration measures for persons with disabilities (such as vocational guidance and individual support provided by specialized employment personnel); measures for the transition from sheltered to normal employment (special contracts known as enclaves laborales); and alternative measures for the employment of persons with disabilities (special employment centres). The Committee also notes the updated statistical information provided by the Government on the hiring of persons with disabilities. The UGT and the CCOO reiterate in their observations that the participation of persons with disabilities in the labour market remains very low. According to data from the National Institute of Statistics (INE), 66 per cent of persons with disabilities were inactive, in 2015, the employment rate for persons with disabilities was 23.4 per cent and the unemployment rate was 31 per cent. The CCOO reiterates that the results of public policies are insufficient and that the enterprises that are required to do so do not comply with the 2 per cent quota for workers with disabilities due to the absence of effective compliance measures. The UGT and the CCOO therefore propose, among other initiatives, strengthening the role of the public employment services and the regulation and adoption of reasonable adaptations which must be adopted by enterprises which hire persons with disabilities. The UGT and CCOO also report the difficulties related to vocational rehabilitation and that, essentially, those who become disabled do not remain in employment. Regarding the participation of the social partners in the policies adopted with a view to promoting the access to employment of persons with disabilities, the workers’ organizations indicate that there is no dialogue, participation or consultation with the social partners on these policies. Furthermore, the CCOO emphasizes the absence of permanent forums for the participation of the social partners. In its reply, the Government refers to the Spanish Committee of Representatives of Persons with Disabilities (CERMI), which participates, as a representative of persons with disabilities, in a dialogue with public administrations on the subject of public policies which are likely to affect persons with disabilities. Furthermore, this Committee meets various stakeholders, including the social partners. The Government also refers to the establishment for the period 2017–20 of the Social Inclusion Network (RIS), financed and promoted by the European Social Fund, as a forum for exchange and social dialogue between public administrations and the social partners with the aim of improving social inclusion policies for persons with disabilities, and particularly labour market integration. The Committee requests the Government to continue taking measures for the effective application of a national vocational rehabilitation and employment policy for workers with disabilities and to provide detailed information, including statistics disaggregated by gender and age, on the impact of such measures on the access to the labour market of persons with disabilities. The Committee also once again requests the Government to provide practical examples of the manner in which the representative organizations of employers and workers and the representative organizations of persons with disabilities have been consulted with a view to formulating, implementing and reviewing the policy. The Committee also once again requests the Government to provide detailed information on the occupational guidance, vocational training, placement and employment services provided for persons with disabilities to enable them to secure, retain and advance in employment.

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The Committee notes the observations from the Trade Union Confederation of Workers’ Commissions (CCOO) included in the Government’s report. The Committee also notes the observations of the General Union of Workers (UGT) received on 1 September 2015. The Committee takes note of the Government’s reply to the earlier observations, received on 11 November 2015.

Articles 2–7 of the Convention. Implementation of a national policy on rehabilitation and employment for persons with disabilities. The Committee recalls that in its previous comments, it requested the Government to describe its national policy on vocational rehabilitation and employment for workers with disabilities. It notes in this connection the information sent by the Government in its report on the “labour market integration for persons with disabilities” campaign for 2014 regarding the 2 per cent quota reserved for workers with disabilities and the alternative measures for the employment of persons with disabilities, such as contracts with special employment centres, donations and the establishment of employment communes. The Government also provides recruitment data pertaining to persons with disabilities concerned by these different arrangements. The Government indicates that there is no institution in which the social partners and organizations representing the disability sector are represented. However, the representative organizations of this sector may submit their proposals directly to the Ministry of Employment and Security. The same Ministry refers its regulatory proposals to the organizations representing the disability sector for their information and consideration. The Committee observes that the CCOO and the UGT assert that the majority of persons with disabilities are not employed. In 2014, the employment rate of persons with disabilities was 24.3 per cent, whereas the figure for persons without disabilities was 57.1 per cent. According to the CCOO, the results of the public policies are poor and none of the enterprises required to comply with the reservation quota do so. The CCOO asserts that there is a need to strengthen, including through collective bargaining, the programmes and incentives for the removal of barriers and physical, architectural and transport obstacles for persons with disabilities; to adapt work schedules and allow on-site work to be alternated with teleworking. Among other initiatives, the UGT proposes boosting the role of the public employment services so that they are able to meet the needs of workers with disabilities through the creation of special units, and developing coordination between the social services and the public employment services. In its reply, the Government highlights the importance of the role played by the labour inspectorate in checking that there is no discrimination in access to employment and compliance with the rules on reserving posts for persons with disabilities. The Committee requests the Government to continue to take measures to apply a national vocational rehabilitation and employment policy for workers with disabilities and to report on any effects these measures have had in terms of persons with disabilities finding employment on the open labour market. Please give examples of the manner in which the representative organizations of employers and workers and the representative organizations constituted by persons with disabilities have been consulted with a view to formulating, implementing and periodically reviewing the policy. The Committee hopes that the report will also contain up-to-date information on the occupational guidance and information services and the placement and employment services provided for persons with disabilities to enable them to secure, retain and advance in employment in the open labour market.

[The Government is asked to reply in detail to the present comments in 2017.]

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Articles 2 and 3 of the Convention. National policy on vocational rehabilitation and employment of persons with disabilities. The Committee notes the report provided by the Government for the period ending June 2014 in which it enumerates the legislative measures adopted to promote the employment opportunities of persons with disabilities and includes statistical data on trends in the recruitment of persons with disabilities. The Committee also notes the observations made by the Trade Union Confederation of Workers’ Commissions (CCOO) included in the Government’s report. The CCOO maintains that there are no real data available on compliance with quotas (enterprises with over 50 workers are required to ensure that at least 2 per cent of their staff are persons with disabilities). The CCOO insists that most persons with disabilities of working age are inactive, and that their participation rate in the labour market is therefore very low. It adds that the work experience of persons who, without having a diploma, provide care and rehabilitation for persons with disabilities is not recognized. The Committee invites the Government to provide any comments that it considers appropriate with regard to the observations of the CCOO The Committee also requests the Government to describe its national policy of vocational rehabilitation and employment for workers with disabilities, including practical information on the objectives achieved in the promotion of employment opportunities for persons with disabilities on the free labour market. Please provide information on the manner in which the representative organizations of employers and workers, and representative organizations of persons with disabilities, are consulted on the application of the policy (Article 5); the vocational guidance and information, placement, employment and other related services provided to enable persons with disabilities to secure, retain and advance in employment (Article 7); vocational rehabilitation and employment services for persons with disabilities in rural areas and remote communities (Article 8); and the measures taken to ensure the availability in practice of suitably qualified vocational rehabilitation staff (Article 9).

[The Government is asked to reply in detail to the present comments in 2015.]

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Progress in the application of policies on vocational rehabilitation and employment of persons with disabilities. In a general observation made in 2001 on the application of the Convention, the Committee indicated that, taking into account the limited resources available, substantial progress had been made in Latin America and Eastern Europe in enabling persons with disabilities to participate more fully in the open labour market. In its report received in July 2004, the Government states that it supports the substantial progress made in Latin America and confirms the success in many countries of programmes of vocational rehabilitation, as well as the assistance provided by the European Union. The Government also reports the adoption of Act No. 51/2003, of 2 December, respecting equality of opportunity, non-discrimination and universal accessibility for person with disabilities, thereby consolidating the adoption of a human rights approach to all state policies, without neglecting affirmative action measures. The Committee welcomes this progress in the promotion of the employment of persons with disabilities in Spain, and the support for programmes in other countries, and it would be grateful if the Government would continue to provide relevant information on the application of policies for persons with disabilities within the meaning of Articles 2 and 7 of the Convention.

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Article 2 of the Convention.  Further to previous comments, the Government states that the Minister of Labour and Social Affairs signed an accord with the Spanish Council of Representatives of Disabled People. In order to give better effect to the Law on Social Integration of the Disabled (Act No. 13/1982), the Government adopted a Plan of Urgent Measures to promote employment of people with disabilities. It created the State Council of Persons with Disabilities, and it adopted in 1999 an Action Plan for Employment, which includes a series of actions aimed at the disabled, including studies, ministerial collaboration, and increased training. Persons with disabilities are to be given preferential status in hiring, and subsidies are provided in the form of reduced social security contributions. A quota of 2 per cent is set for all enterprises with 50 or more employees; however, Law No. 66/1997 of Fiscal and Administrative Measures and Social Order permits other means of integrating disabled persons into employment. These alternative measures are to be determined by regulations.

The Committee notes this information and would appreciate being kept informed of the regulations adopted pursuant to Law No. 66/1997. It also asks the Government to continue to supply statistics, extracts of reports and evaluations, and other relevant information on the application of the Convention, as requested in Part V of the report form.

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1. The Committee takes note with interest of the first and second Government's reports on the application of the Convention. It notes, in particular, detailed information on the implementation of the national policy on vocational rehabilitation and employment of disabled persons established on the basis of Act No. 13/1982 of 7 April 1982 on social integration of the disabled. The Committee would be grateful if the Government would indicate, in its next report, the manner in which the national policy is periodically reviewed, as required by Article 2 of the Convention. It also asks the Government to continue to supply information on practical application of the Convention, including, for example, statistics, studies and inquiries (for example, with respect to particular areas or branches of activity or particular categories of disabled workers), in accordance with point V of the report form.

2. In its comments of 1993 on the application of Convention No. 111, the Committee noted the observations by the General Union of Workers (UGT) transmitted by the Government with its report in January 1993. The Union stated that the provision of section 38(1) of Act No. 13/1982 on social integration of the disabled, which reserves for disabled workers at least 2 per cent of the jobs in enterprises employing more than 50 workers, is not complied with in practice. The Government indicated in its report under Convention No. 111 for the period ending 30 June 1992 that there had been some difficulties in the supervision of the application of the above-mentioned provision by the labour inspection in the past, but that the situation has been improving since 1990. The Committee would be grateful if the Government would provide, in its next report under Convention No. 159, further information on the application of the above-mentioned provision of Act No. 13/1982. Please continue to supply information on measures aiming at promoting employment opportunities for disabled persons in the open labour market, as required under Article 3, as well as information on other special positive measures aiming at effective equality of opportunity and treatment between disabled workers and other workers, as required under Article 4.