Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) - Poland (Ratification: 2004)

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

The Committee notes the observations made in October 2014 by the Independent and Self-Governing Trade Union “Solidarnosc” and the Government’s reply to these observations.

Articles 3 and 4 of the Convention. Access to the open labour market of persons with disabilities. The Committee notes that the Act on vocational and social rehabilitation and the employment of persons with disabilities, in force since 2011, requires employers to make the necessary accommodations at the workplace to facilitate the work of persons with disabilities. It notes that the “Supplementary Budget Law”, adopted in 2013, provides for the allocation of subsidies to support the payment of wages for persons with disabilities. In its observations, Solidarnosc indicates that changes in the principles governing subsidies and in the calculation of the amount paid to employees with disabilities are causing problems for employers. It also indicates that, since 2009, expenditure by the State Fund for the Rehabilitation of Persons with Disabilities on salary subsidies has increased, while funding for other supportive measures has been reduced. In its reply, the Government indicates that the changes in the allocation of the Fund’s resources were planned in accordance with the principle of protecting vulnerable persons in the labour market, particularly persons with a considerable degree of disability, taking into account the need to ensure them equal access to employment in the open labour market. It indicates that, in the second quarter of 2014, the labour market participation rate of persons with disabilities of working age amounted to 27.2 per cent, their employment ratio was 22.5 per cent and their unemployment rate was 17.4 per cent. The Committee also notes the 2011 amendments to the Act on the civil service intended to enhance the employment of workers with disabilities in the public sector. It notes the special programmes, supported by the European Union, aimed at stimulating the vocational rehabilitation of persons with rare or multiple disabilities. The Committee requests the Government to provide information on the outcomes of the measures adopted to promote the reintegration of persons with disabilities into the open labour market. Please also indicate how representative employers’ and workers’ organizations are consulted on changes in the allocation of funds and on the implementation of these measures.

Article 7. Employment services accessible to persons with disabilities. Solidarnosc indicates that the Act on Employment Promotion and Labour Market Institutions, as amended in May 2014, does not pay due attention to the situation of persons with disabilities. It observes that the Activation and Integration Programme envisaged by the Act does not cover persons with disabilities who are not covered by social welfare benefits. In its reply, the Government indicates that persons with disabilities registered as unemployed in labour offices benefit from all the services and labour market measures specified in the Act. The Committee requests the Government to indicate the services available to persons with disabilities to help them secure, retain and advance in employment.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Articles 3 and 7 of the Convention and Part V of the report form. Implementation of a national policy on vocational rehabilitation and employment of persons with disabilities. The Committee notes the detailed information forwarded by the Government in its report received in September 2009, in reply to the 2007 direct request, listing numerous measures adopted in the context of the national policy on vocational rehabilitation and employment of persons with disabilities. The Committee notes that, since the introduction in 2004 of remuneration subsidies, there has been a significant increase in the number of persons with disabilities employed in the open labour market, which rose from 28,000 to 40,000 in January 2009. The number of persons with disabilities in companies receiving state support for their employment also rose from 173,000 to 180,000. Finally, the Government indicates that the impact of the measures adopted following the passing of the Act amending the Act on social and vocational rehabilitation and employment is already evident from the data registered between December 2008 and February 2009, when the employment of persons with disabilities increased by 20,888 individuals. The Committee invites the Government to continue supplying in its next report information on the application in practice of the measures taken in the context of the national policy on vocational rehabilitation and employment of persons with disabilities, with specific reference to educational and training opportunities. Please also provide any other document containing statistics, studies or surveys on the matters covered by the Convention.

Article 4. Effective equality of opportunity and treatment between men and women workers with disabilities and other workers. The Committee notes the comments transmitted by the Independent and Self-Governing Trade Union “Solidarnośc” in July 2009, expressing concern over the practice followed by employment offices, dividing job offers into two different groups depending on whether they are addressed to all jobseekers or, more specifically, to persons with disabilities. In addition, Solidarnośc indicates that, in several employment offices, vacancies addressed to persons with disabilities are displayed in a different space than job offers generally addressed, which may limit in practice their access to offers and their chances to find a job. The Committee notes the measures introduced by the Government in 2008, through amendments to the 2004 Act on employment promotion and labour market institutions, which also targeted persons with disabilities, including special programmes for the selection and activation of people with special needs in job searching. It also refers to cross-regional and nationwide projects implemented under the Human Capital Operational Programme (HC OP) and co-financed by the European Social Fund, to facilitate access to the labour market of persons with disabilities. The Committee notes that a number of targeted measures have been implemented in 2007 and 2008 through funds allocated under the State Fund Rehabilitation of People with Disabilities (PFRON), in the area of job counselling and advisory services (including the use of a vocational coach), and training with a view to increasing employment opportunities for this category of workers. The Committee invites the Government to continue providing information on the impact of special positive measures aimed at effective equality of opportunity and treatment for men and women workers with disabilities and other workers.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1.  Articles 3 and 7 of the Convention and Part V of the report form. The Committee notes with interest the Government’s first report on the application of the Convention received in September 2006. Among other initiatives for mainstreaming employment opportunities for persons with disabilities, the Government mentions the creation of the State Fund Rehabilitation of People with Disabilities (PFRON) which supports initiatives such as funding a minimum quota of employment for persons with disabilities, training and loans to start a business, etc. The Government has identified that the main source of the labour market problems of disabled persons in Poland seems to be educational barriers and the low education level. It therefore asks the Government to provide in its next report information on the measures taken in the context of the national policy on vocational rehabilitation and employment of persons with disabilities including relevant information on the application of the Convention in practice, such as the results of the system of job quotas, measures sustained by the PFRON and the activities of the specialized placement centres for persons with disabilities, including better educational opportunities for persons with disabilities.

2. Article 4. Effective equality of opportunity and treatment between men and women workers with disabilities and other workers. The Committee refers to its 2006 direct request on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). It would appreciate receiving in the next report data on the impact of special positive measures aimed at effective equality of opportunity and treatment between men and women workers with disabilities and other workers.