Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) - Luxembourg (Ratification: 2001)

Promotion of employment for persons with disabilities. The Committee notes the report received in September 2013 which contains detailed information in reply to its previous direct request, as well as statistical data on the activities of the departments of the Employment Development Agency that deal with workers with disabilities and workers with reduced working capacity. The Committee notes that the Act of 16 December 2011 amended the Act of 12 September 2003 concerning persons with disabilities. The Government indicates that, in accordance with the amendments introduced in 2011 to the Act concerning persons with disabilities, workers with disabilities who are occupied in a sheltered workshop are recognized as full employees and receive a wage. The State will now cover the entire cost of the basic wage for workers with disabilities employed in sheltered workshops, with a view to ensuring equal recruitment opportunities for all workers with disabilities oriented towards the sheltered labour market. The Committee notes that, according to section 10 of the new Act, 5 per cent of the total workforce of the State must be constituted by workers with disabilities employed on a full-time basis. It is also established that persons who as result of their disability are unable to work in either an ordinary or a sheltered environment can claim benefits for persons with serious disabilities. The Government indicates that, in view of the increase in the number of workers with disabilities in the last decade, the number of staff in the department dealing with workers with disabilities must be increased in order to provide a high-quality service. The Committee notes that a number of measures have been implemented in recent years by the Adult Training Service (SFA) with a view to supporting the participation of persons with special needs in lifelong education and training (Article 9 of the Convention). The Committee invites the Government to continue to provide information in its next report on the measures taken to promote employment possibilities for persons with disabilities and to ensure equality of opportunity and treatment for workers with disabilities and other workers and to promote their employment possibilities in the open employment market (Article 4). The Government is also requested to supply practical information, including statistics (disaggregated, as far as possible, by age, sex and the nature of the disability), extracts from reports, studies and inquiries relating to the matters covered by the Convention (Part V of the report form).

Article 5 of the Convention. Consultation of the social partners. The Government indicates that professional chambers, as elements in the legislative procedure, must be consulted with respect to any laws or orders concerning their nationals. In the specific area of disability, the Government refers to the setting up of a Higher Council for Persons with Disabilities, which will have the task of assisting and advising the minister responsible for the coordination of policy for persons with disabilities, and also of creating links between persons with special needs and professionals in the sector and members of the Government. The Committee invites the Government to provide information enabling an evaluation of the role of the Higher Council for Persons with Disabilities in the application of the Convention.