Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) - Serbia (Ratification: 2000)

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

The Committee notes the observations of the Confederation of Autonomous Trade Unions of Serbia, communicated with the Government’s report.

Articles 2 and 3 of the Convention. National Policy on Vocational Rehabilitation and Employment of Persons with Disabilities. The Confederation of Autonomous Trade Unions of Serbia observes that, despite the special programmes adopted to promote the employment of persons with disabilities, due to the weak economic situation, employers prefer to pay penalties and compensation rather than to employ persons with disabilities. The Government indicates in its report that the National Employment Strategy 2011–20 places particular emphasis on persons with disabilities, who are included in the “hard-to-employ” group of the population. Vocational rehabilitation and employment measures for persons with disabilities are financed by the Budget Fund for the Vocational Rehabilitation and Employment Promotion of Persons with Disabilities. The Government adds that the National Employment Service has established centres for the vocational rehabilitation of persons with disabilities in Belgrade, Kragujevac, Nis and Novi Sad, where both unemployed persons with disabilities and employers are provided with information on vocational rehabilitation measures and financial incentives for the recruitment of persons with disabilities. The Government reports that, as at 31 December 2013, the number of persons with disabilities registered with the National Employment Service was 20,627, representing 2.68 per cent of the total number of registered unemployed persons. In 2013, 5,659 persons with disabilities took part in employment action programmes. Between 1 January and 31 July 2014, 9,443 persons with disabilities benefited from active employment policy programmes. The Committee notes that in 2013 the Government received support from the European Union to develop training programmes aimed at improving the employability of persons with disabilities. The Committee requests the Government to indicate how the measures taken to improve the employability of persons with disabilities have enabled these persons to obtain and retain employment. Please indicate how vocational rehabilitation measures, including training programmes, take into consideration the various types of disabilities.

Article 4. Positive measures. The Committee notes that special positive measures for the employment of persons with disabilities include: subsidies and incentives for employers hiring workers with disabilities; the implementation of public works, for which persons with disabilities can be engaged; and compulsory employment quota system. The Government indicates that 47 enterprises have been created which are specially designed for the vocational rehabilitation and employment of persons with disabilities. It reports that around 1,600 persons with disabilities have been employed by these enterprises. The Committee requests the Government to provide information on the outcomes of the positive measures taken, including relevant employment statistics disaggregated by age, sex and type of disability.

Article 5. Consultation with the social partners and other actors. The Government indicates that the social partners and civil society organizations have participated in the development, promotion and implementation of the Law on Vocational Rehabilitation and Employment of Persons with Disabilities. It emphasizes that the Ministry of Labour, Employment, Veteran and Social Affairs and the National Employment Service continuously cooperate with associations of employers, representatives of trade unions, associations and organizations of persons with disabilities and vocational rehabilitation enterprises to promote and seek solutions for the reintegration of persons with disabilities into the labour market. The Committee notes that representatives of the social partners are participating in a working group set up to design a national action plan. The Committee requests the Government to provide information on the outcomes of the consultations held with the social partners and with the representative organizations of persons with disabilities on the measures adopted for the vocational reintegration of persons with disabilities into the labour market. The Committee also requests the Government to provide information on the design and development of the national action plan.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 2 of the Convention. Implementation and review of the national policy on vocational rehabilitation and employment of persons with disabilities. The Committee notes the Government’s detailed report received in September 2009, which includes comments of the Confederation of Autonomous Trade Unions of Serbia (CATUS). In its previous direct request, the Committee noted that the drafting of the new law on employment of persons with disabilities was under way. It notes with interest that the Act on Vocational Rehabilitation and Employment of Persons with Disabilities was adopted in 2009. This Act provides a definition for persons with disabilities in line with Article 1 of the Convention. The Government indicates that social partners participated in the drafting and promotion of the new legislation. Moreover, a significant number of activities were carried out involving social partners, such as the three-day seminar organized in June 2009 by the Department of Employment within the Ministry of Economy and Regional Development in cooperation with the social partners and the ILO Office. This seminar was aimed at raising awareness on the importance of ensuring employment among persons with disabilities. The Government also indicates that more than 100 local employment councils were established in the Republic involving representatives of all relevant local structures which may contribute to a better and more significant inclusion of individuals, such as persons with disabilities, in the labour market. The Committee notes that the National Employment Service (NES) was reorganized and expanded: in 34 NES offices, 52 employees of the NES and four additional employees working in the Centre for Rehabilitation and Employment of Persons with Disabilities will exclusively work as intermediaries to enable persons with disabilities to find employment. In addition, the Committee notes that the CATUS established an Action Plan on Employment of Persons with Disabilities, which was expected to start in September 2009. The implementation of this plan is to begin in the food processing industry sector and if successful, results are achieved as regards the employment of persons with disabilities, the plan will expand to other economic sectors. Trade unions, employers’ organizations and the local self-government will be actively involved in the implementation of the plan. The Committee invites the Government to continue to supply 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, with specific reference to educational and training opportunities. It also invites the Government to provide information on the impact of the action plan implemented by the CATUS. Please also provide statistics, extracts of reports, studies and inquiries concerning the matters covered by the Convention (Part V of the report form).

The Committee notes that the Act on Vocational Rehabilitation and Employment of Persons with Disabilities provides for a system of workplace quotas for persons with disabilities: employers with 20–49 workers shall employ at least one person with disabilities; employers with more than 50 workers shall employ at least two persons with disabilities and subsequently, employers shall hire one person with disabilities for every 50 additional workers. Moreover, fiscal incentives are provided for employers who hire persons belonging to a group “more difficult to employ”, including persons with disabilities. 205 persons with disabilities were employed as result of fiscal incentives. The Government indicates that a number of strategic documents including the National Economic Development Strategy (2006–12), the National Employment Strategy (2005–10), the Annual National Employment Action Plan and the Strategy for Improving the Position of Persons with Disabilities, have among their priorities the implementation of specific and efficient active policy measures to promote the employment of persons with disabilities. In particular, the National Employment Action Plan for 2009 envisages measures to ensure the competitive participation of persons with disabilities in the labour market including raising awareness, promoting a more significant inclusion of persons with disabilities in active employment policy measures and strengthening the capacities of entities in charge of facilitating the employment of persons with disabilities. According to statistical data provided by the NES, 592 persons with disabilities obtained employment in 2008. The Committee requests the Government to provide information on the implementation and outcome of the ongoing reviews of the established policy on persons with disabilities.

Article 4. Effective equality of opportunity and treatment between men and women workers with disabilities and other workers. The Government indicates that one of the objectives of the Strategy for Improving the Position of Persons with Disabilities is to develop policy measures and programmes in education, employment and occupation that ensure equal employment opportunities for persons with disabilities. The Committee invites the Government to provide practical information on the impact of the measures so far adopted by the National Employment Service to ensure effective equality of opportunity and treatment both between men and women among the disabled, workers with disabilities and other workers.

Article 9. Training of staff responsible for persons with disabilities. The Government indicates that at the end of 2008 the Ministry of Economy and Regional Development sent a Training Needs Questionnaire to the relevant entities in an effort to identify the need for additional training of employees working as intermediaries for the employment of persons with disabilities and employees working in undertakings for professional rehabilitation and employment of persons with disabilities. The organization of additional training for the staff concerned will be based on the answers to the questionnaire. The Committee invites the Government to provide information in its next report on how, following the answers to the Questionnaire on Training Needs, the training of rehabilitation staff was improved.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the information provided by the Government in its report concerning the application of the Convention for the period ending July 2005. It notes that the Government’s report contains detailed information on the legislative measures to be or already adopted and the measures implemented to promote the social and labour integration of persons with disabilities. In particular, the National Employment Strategy adopted by the Government for the period 2005-10 includes a chapter dealing with the vocational rehabilitation and employment of persons with disabilities. The Committee further understands that the Poverty Reduction Strategy Paper (PRSP) for Serbia of February 2004 focuses on the implementation of existing programmes, as well as defining new ones, and on measures and activities directly targeting persons with disabilities in order to enable them to acquire economic independence through active participation in the world of work.

2. Review of the national policy on vocational rehabilitation and employment of persons with disabilities. The Committee notes that the drafting of the new Law on Employment of Persons with Disabilities is under way. It hopes that this new legislation will also include a definition of persons with disabilities in conformity with the Convention and the ILO’s practice. It also requests the Government to provide information on the outcome of the ongoing reviews of the established policy on persons with disabilities (Article 2 of the Convention).

3. Effective equality of opportunity and treatment between men and women workers with disabilities and other workers. Please provide further practical information on the impact of the measures so far adopted by the National Employment Service to ensure effective equality of opportunity and treatment both between men and women among the disabled, and between workers with disabilities and other workers (Article 4). In particular, the Committee would like clarification as to why and under what circumstances persons with disabilities are entitled to lower wages that they had prior to their disability, as indicated by the Government’s report for Article 4.

4. Consultation of the representative organizations of employers and workers. The Committee notes from the Government’s report the establishment of the Council for Disabled Persons Issues, which is composed of representatives of the Government and the representative organizations of persons with disabilities. It further notes the Government’s indication to the effect that there is well-established cooperation between enterprises and the Department of Vocational Rehabilitation and Employment of the Disabled within the Ministry of Labour, Employment and Social Policy for the employment and vocational training of persons with disabilities. The Committee would appreciate receiving in the Government’s next report further information on the activities of the Council and any information on whether representative employers’ and workers’ organizations are consulted on the matters covered by the Convention (Article 5).

5. Vocational rehabilitation and employment services in rural areas. The Committee notes from the Government’s report that no special services for the vocational rehabilitation and employment of persons with disabilities have been established in the rural areas so far. It also notes that, according to the Government’s report, persons with disabilities in rural areas can reach these services in the employment centres located in the city nearby. The Committee would be grateful if the Government could provide information on whether persons with disabilities in rural areas enjoy sufficient access to vocational rehabilitation and employment measures (Article 8).

6. Training of staff responsible for persons with disabilities. The Committee notes the Government’s indication to the effect that rehabilitation staff are composed of specialists such as medical practitioners, psychologists, social workers and career counsellors. It would appreciate receiving further information in the Government’s next report on how the training of rehabilitation staff is ensured (Article 9).

7. The Committee requests the Government for specific practical information, such as statistics, reports, studies and inquiries, on the measures taken to implement and achieve the objectives of the National Employment Strategy and the PRSP in the field covered by the Convention and to continue providing information on the practical impact of the measures adopted to implement the national policy on the vocational rehabilitation and employment of persons with disabilities within the meaning of the Convention (Part V of the report form).