Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) - Montenegro (Ratification: 2006)

Articles 2 and 3 of the Convention. Implementation of a national policy for the vocational rehabilitation and employment of persons with disabilities. The Committee notes the Government’s report which includes detailed information in reply to the 2011 direct request. It further notes that amendments to the Law on Professional Rehabilitation and Employment of Persons with Disabilities provided a new definition of persons with disabilities and modified the quota system for employment of persons with disabilities. The Government indicates in its report that the Strategy for the Integration of Persons with Disabilities in Montenegro for the period 2008–16 represents a long-term strategic plan of action aiming to establish the broadest legal framework for defining policy for persons with disabilities, in accordance with the social model of disability. The Committee notes that the Commission for Professional Rehabilitation – Podgorica commenced work in December 2012, while other commissions started their activities in 2013. The Employment Agency of Montenegro renders decisions based on the opinion of the Commission for Professional Rehabilitation as regards the percentage of disability, the recognition of the right to professional rehabilitation, remaining work capacity and employability. The Employment Agency of Montenegro had 1,942 persons with disabilities in its records on 31 December 2013. On the same date, a total of 39 employers exercised the right to wage subsidies for 61 employed persons with disabilities (28 women). The Committee further notes that, in cooperation with the social partners, the Employment Agency carries out public works schemes as a measure of active employment policy, in which persons with disabilities are employed for a fixed-time period, lasting from two months to one year. The Committee requests the Government to provide an evaluation of the measures adopted for persons with disabilities for the purpose of increasing their employment opportunities in the open labour market. Please also continue to include updated statistics disaggregated by age, sex and nature of the disability, as well as extracts of reports, studies and inquiries concerning the matters covered by the Convention (Part V of the report form).

Article 5. Consultation with representative organizations of employers and workers. The Government refers to section 20 of the 2011 Law amending the Law on Professional Rehabilitation and Employment of Persons with Disabilities, which states that the Board of the Agency shall decide on the implementation of measures and activities for the purpose of professional rehabilitation and employment of persons with disabilities, as well as on the proper use of funds, following the opinion of the Fund Council. The Council is composed of five members, two of whom are nominated by the associations representing persons with disabilities, while the Ministry, a representative organization of employers and a representative workers’ organization nominate one member each. The Committee requests the Government to continue to provide information on the consultations held with the social partners and organizations of and for persons with disabilities and on the initiatives taken to promote cooperation and coordination between the public and private bodies engaged in vocational rehabilitation activities.

Articles 7 and 8. Services accessible to persons with disabilities, including in rural and remote areas. The Government indicates that the professional rehabilitation of persons with disabilities is organized and carried out by institutions for professional rehabilitation, specialized schools or other legal entities which meet the requirements for performing the measures and activities for professional rehabilitation, referred to as professional rehabilitation contractors. These professional rehabilitation contractors manage and evaluate the implementation of professional rehabilitation measures and activities that are made available to persons with disabilities. Contractors then submit a report to the Employment Agency on the results of the evaluation of the quality of the implementation of measures and activities for professional rehabilitation. The Committee requests the Government to provide information on the evaluation of the quality of services available to persons with disabilities to secure, retain and advance in employment, including services in rural areas and remote communities.

Article 9. Training of staff responsible for persons with disabilities. The Government indicates that the realization of professional rehabilitation programmes requires the establishment and development of a network of professional rehabilitation contractors, as well as the training of personnel working in professional rehabilitation, in accordance with the standards set by the Ministry of Labour and Social Welfare. The Employment Agency provides support in regards to the establishment of institutions for professional rehabilitation, such as the multidisciplinary educational centre “Pamark” from Podgorica and the Centre for education and training “ZOPT”. The Committee requests the Government to continue to provide information on the measures taken to improve the skills of professional rehabilitation staff.