Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) - Czechia (Ratification: 1993)

1. The Committee notes the comprehensive information and the statistics supplied in the Government’s report, which includes a detailed observation by the Czech-Moravian Confederation of Trade Unions (CMKOS). It notes in particular that in 2004, new legislative provisions regarding the definitions of persons with disabilities, of sheltered jobs and sheltered workshops, as well as the procedures in order to obtain vocational rehabilitation, were adopted. The Government included in its report detailed data concerning the registered unemployment of persons with disabilities and the support provided to them. The Committee further notes that the new legislative provisions have abrogated section 50 of the Labour Code, which provided the possibility to dismiss a worker with a disability only after the authorization had been given by the relevant authority.

2. The CMKOS, which had consultative status during the process of drafting the new legislation, expresses some concerns with regard to: the periodical review of the national policy on vocational rehabilitation and employment of persons with disabilities; the measures taken to provide vocational training; placement; employment and other related services; enabling persons with disabilities to secure, retain and advance in the open labour market; and the abrogation of the special positive measure that might have constituted the prohibition of dismissal without previous authorization of a worker with disabilities. With regard to sheltered jobs and sheltered workshops, CMKOS maintains that the official support for these measures should be provided only if they are operated for a period of two years as from the date agreed with the State Employment Service. In view of the above, the Committee asks the Government to continue providing information on the implementation of the new legislative texts in the context of a national policy to promote employment opportunities for persons with disabilities, including information on the projects providing for the special positive measures required by Article 4 of the Convention. In particular, it would appreciate receiving statistics, abstracts from studies, and other indications on the practical application of the Convention (Part V of the report form).