Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) - Argentina (Ratification: 1987)

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

The Committee takes note of the observations of the General Confederation of Labour of the Argentine Republic (CGT RA), received on 2 September 2015.

Articles 2, 3 and 5 of the Convention. Implementation of a national policy. Consultation of the relevant organizations. The Committee notes that, in its report, the Government indicates that Decree No. 312/2010 of 2 March 2010 regulates section 8 of Act No. 22431 approving the System of Comprehensive Protection for Persons with Disabilities, and establishes an obligation for public bodies to report biannually on the numbers of persons actually recruited, in order to comply with the 4 per cent quota of persons with disabilities employed in the public sector. Furthermore, the Government indicates that 47 posts have been identified which are to be filled by competition and are reserved for persons with a certified disability. The Government also recalls that there are tax benefits for employers that hire persons with disabilities, and that the active programme and policies to promote employment include specific measures for persons with disabilities. The Committee takes note of the statistical data from the 2010 population census, published in 2014, on the population aged 14 years and above, living with some form of permanent difficulty or limitation, and the detailed information on compliance with the quota of 4 per cent in the public sector (2,588 persons with disabilities held appointments in 2014). The Committee notes that, in the view of the CGT RA, it is essential that the starting point of any employment policy should be a redefinition of the concepts of employability, accessibility and disability. According to the CGT RA, accessibility should be conceived as a basic requirement in order for there to be equitable training and employment opportunities for persons with disabilities. The Committee requests the Government to continue to provide information on the national policy on vocational rehabilitation and employment of persons with disabilities, and on the results obtained in ensuring that persons with disabilities find employment in the open labour market, in both the public and the private sectors. Please include detailed information on the consultations held with the social partners and other representative organizations, as required by the Convention.

Article 8. Services in rural areas. The CGT RA indicates that the country still has an outstanding debt in terms of the development of employment policies designed to promote the establishment and development of vocational rehabilitation and employment services for persons with disabilities in rural areas and remote communities. The Committee once again requests the Government to report on this matter.

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

Implementation of a national policy. Consultation of the organizations concerned. The Committee notes the indications provided by the Government in a report received in September 2010 on the eight programmes for persons with disabilities coordinated by the Unit for Persons with Disabilities and Vulnerable Groups. The Government has also added data on the number of beneficiaries of the various measures adopted. The Committee requests the Government to provide information in its next report on the manner in which a national policy on vocational rehabilitation and employment of persons with disabilities has been formulated, implemented and reviewed. Please also indicate the number of persons with disabilities who have succeeded in entering the open labour market as a result of the action undertaken by the Unit for Persons with Disabilities and Vulnerable Groups (Articles 2 and 3 of the Convention). The Committee also requests the inclusion of detailed information on the consultations required by Article 5 of the Convention with the social partners and other organizations concerned.

Article 8. Services in rural areas. The Committee requests the Government to provide detailed information on the measures adopted to promote the establishment and development of vocational rehabilitation and employment services for persons with disabilities in rural areas.

Part V of the report form. The Committee hopes that the Government will include in its next report practical and statistical information disaggregated, as much as possible, by age, sex and the nature of the disability, as well as extracts from reports, studies and inquiries concerning the matters covered by the Convention.

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

Implementation of a national policy. The Committee notes the Government’s report and the additional information, received in August and November 2005, on the programmes carried out by the Unit for Persons with Disabilities and Vulnerable Groups (the programme of selective placement in employment, the regional training and work placement programme for the blind, the community employment programme and the programme for the vocational integration of persons with disabilities). The Committee notes with interest the information provided on the consultative bodies and on joint action with other organizations, including the CGT and a Committed Enterprises Club (Article 5 of the Convention). The Committee requests the Government to continue providing information in its next report on the results achieved through the action taken by the Unit for Persons with Disabilities and Vulnerable Groups and, with the participation of the social partners and other parties concerned, for the integration of persons with disabilities into the open labour market (Article 2 and Part V of the report form). The Committee once again expresses interest in being provided with detailed information on the measures adopted to meet adequately the vocational rehabilitation and employment needs of persons with disabilities living in rural areas (Article 8).

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Article 2 of the Convention. The Government states in its report for the period ending June 1999 that section 81 of Act No. 24.013 (the National Employment Law) requires the Ministry of Labour and Social Security (MTSS) to establish programmes periodically. The unit for persons with disabilities and vulnerable groups, established under the MTSS for this purpose, has implemented various programmes which the Government describes. The Committee notes this information and would appreciate receiving details on the number of participants who have obtained lasting employment as a result of these programmes, as requested in the report form under Part V. It also requests the Government to clarify whether the unit for persons with disabilities and vulnerable groups consults with representative organizations of employers, workers and disabled persons, in accordance with Article 5 of the Convention.

Article 8. In reply to previous comments, the Government explains that programmes for persons with disabilities are developed and applied at the national level, and therefore no special programmes exist for rural areas. The Committee notes this information and would be grateful if the Government would indicate how it ensures that the national-level programmes adequately address the needs of people with disabilities living in rural communities.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with interest the information provided by the Government in reply to its earlier comments (including the information received from the National Advisory Committee for the Integration of Disabled Persons and other government bodies, attached to the Government's report), concerning, in particular, measures adopted within the context of the National Employment Act of 1991 in regard to vocational rehabilitation and employment of disabled persons, coordination between the various public and private bodies concerned and consultations with representative employers' and workers' organizations, as well as representative organizations of and for disabled persons (Articles 2, 3, 5, 6 and 7 of the Convention). It notes, in particular, the adoption of Act No. 24.147 concerning sheltered production workshops and sheltered work groups and Decree No. 1027/94 concerning protective measures in favour of disabled persons, which lays down a plan of action and gives instructions to various government bodies and organizations, including the National Advisory Committee for the Integration of Disabled Persons, in various fields of vocational rehabilitation and employment of the disabled. The Committee would be grateful if the Government would continue to supply, in its future reports, information on the progress achieved in the implementation of the national policy on vocational rehabilitation and employment of disabled persons, both at the central and provincial levels. Please refer, in this connection, to the requests under point V of the report form, concerning practical application.

Article 8. In its earlier comments the Committee noted from the document sent by the National Advisory Committee for the Integration of Disabled Persons that measures had been taken in rural areas through the provincial bodies for the integration of disabled persons and also through rehabilitation programmes at the community level. It asked the Government to describe the activities of these bodies and programmes and specify the results achieved in the promotion of the vocational rehabilitation and employment of disabled persons in rural areas and remote communities. The Committee observes that the report contains no information on this subject and expresses the hope that the Government will not fail to supply the information requested in its next report.

Article 9. The Committee repeats its request to the Government to specify the authority or authorities responsible for ensuring the training and availability of rehabilitation counsellors, and the measures adopted in accordance with this Article of the Convention.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

I. 1. Articles 2, 3 and 6 of the Convention. The Committee notes the provisions of the National Employment Act of 1991 (Labour Law Documents 1992/2, 1991-ARG 1) relating to the application of the Convention: the Ministry of Labour and Social Security shall establish programmes to promote the employment of disabled workers. The Act envisages the promotion of sheltered production workshops, support for the work of disabled persons in the form of work at home and the promotion of the measures set out in the previous legislation. Among the new measures provided for in the National Employment Act of 1991 are "promoting the inclusion in collective agreements in the private sector of jobs reserved for the disabled" (section 86(c) of the National Employment Act). Employers who engage disabled workers on contracts of unspecified duration shall be entitled to an exemption from the payment of 50 per cent of the employers' contributions for fixed-term employment contracts as a means of promoting employment for a period of one year, irrespective of their other legal advantages (sections 87 and 46 of the National Employment Act).

The Committee notes the information attached to the Government's report from the National Directorate of Employment of the Ministry of Labour and Social Security, the National Advisory Committee for the Integration of Disabled Persons (which is a body of the National Executive Authority), the National Directorate for the Promotion of Disabled Persons of the Ministry of Health and Social Action and the National Directorate of Special Education of the Ministry of Culture and Education.

The National Advisory Committee for the Integration of Disabled Persons indicates that the pilot stage of the national census of the disabled population is currently being carried out. The National Directorate for the Promotion of Disabled Persons of the Ministry of Health and Social Action and the National Directorate of Special Education of the Ministry of Culture and Education describe the measures which have been taken or are envisaged for the vocational rehabilitation and employment of invalids.

The Committee would be grateful if the Government would describe in its next report the measures adopted within the context of the National Employment Act of 1991 in favour of disabled workers and hopes that the Government will continue to attach to its report detailed information on the results achieved by the measures taken by the various bodies concerned, coordination between these bodies and the organization and operation of the inspection services in matters covered by the Convention.

2. Please continue to supply information on the scope of the measures adopted by provincial governments, such as the Government of the Province of Río Negro (the SEPALO training programme).

II. Article 5. The Committee notes that the General Confederation of Labour, which is recognized by the Ministry of Labour and Social Security, is represented and participates actively on the Advisory Commission of the National Advisory Committee for the Integration of Disabled Persons, and that the Argentine Industrial Union has an advisory capacity. Please continue to supply information on the measures adopted in consultation with representative organizations, including those composed with disabled persons or which deal with disabled persons.

III. Article 7. With reference to its direct request of 1990, the Committee notes the information provided by the National Directorate of Employment that sheltered production workshops "operate in the context of the initiatives taken by the parents of disabled persons, with very little official support and few opportunities of finding other employment". It adds that "sheltered work groups are not a category which are particularly well-developed in our country; few examples are known, all of which are supported financially by the enterprises in which they are organized". The Committee hopes that the Government will indicate in its next report the adaptations which have been made in vocational guidance, vocational training, placement, employment and other related services to enable disabled persons to secure, retain and advance in employment.

IV. Article 8. The Committee notes that measures are taken in rural areas through the provincial bodies for the integration of disabled persons and also through rehabilitation programmes at the community level (the document sent by the National Advisory Committee for the Integration of Disabled Persons). Please describe the activities of these bodies and programmes and specify the results achieved in the promotion of the vocational rehabilitation and employment of disabled persons in rural areas and remote communities.

V. Article 9. Please specify the authority or authorites responsible for ensuring the training and availability of rehabilitation counsellors, and the measures adopted in accordance with this Article of the Convention.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

I. 1. Articles 2, 3 and 6 of the Convention. The Committee notes the provisions of the National Employment Act of 1991 (Labour Law Documents 1992/2, 1991-ARG 1) relating to the application of the Convention: the Ministry of Labour and Social Security shall establish programmes to promote the employment of disabled workers. The Act envisages the promotion of sheltered production workshops, support for the work of disabled persons in the form of work at home and the promotion of the measures set out in the previous legislation. Among the new measures provided for in the National Employment Act of 1991 are "promoting the inclusion in collective agreements in the private sector of jobs reserved for the disabled" (section 86(c) of the National Employment Act). Employers who engage disabled workers on contracts of unspecified duration shall be entitled to an exemption from the payment of 50 per cent of the employers' contributions for fixed-term employment contracts as a means of promoting employment for a period of one year, irrespective of their other legal advantages (sections 87 and 46 of the National Employment Act).

The Committee notes the information attached to the Government's report from the National Directorate of Employment of the Ministry of Labour and Social Security, the National Advisory Committee for the Integration of Disabled Persons (which is a body of the National Executive Authority), the National Directorate for the Promotion of Disabled Persons of the Ministry of Health and Social Action and the National Directorate of Special Education of the Ministry of Culture and Education.

The National Advisory Committee for the Integration of Disabled Persons indicates that the pilot stage of the national census of the disabled population is currently being carried out. The National Directorate for the Promotion of Disabled Persons of the Ministry of Health and Social Action and the National Directorate of Special Education of the Ministry of Culture and Education describe the measures which have been taken or are envisaged for the vocational rehabilitation and employment of invalids.

The Committee would be grateful if the Government would describe in its next report the measures adopted within the context of the National Employment Act of 1991 in favour of disabled workers and hopes that the Government will continue to attach to its report detailed information on the results achieved by the measures taken by the various bodies concerned, coordination between these bodies and the organization and operation of the inspection services in matters covered by the Convention.

2. Please continue to supply information on the scope of the measures adopted by provincial governments, such as the Government of the Province of Río Negro (the SEPALO training programme).

II. Article 5. The Committee notes that the General Confederation of Labour, which is recognized by the Ministry of Labour and Social Security, is represented and participates actively on the Advisory Commission of the National Advisory Committee for the Integration of Disabled Persons, and that the Argentine Industrial Union has an advisory capacity. Please continue to supply information on the measures adopted in consultation with representative organizations, including those composed with disabled persons or which deal with disabled persons.

III. Article 7. With reference to its direct request of 1990, the Committee notes the information provided by the National Directorate of Employment that sheltered production workshops "operate in the context of the initiatives taken by the parents of disabled persons, with very little official support and few opportunities of finding other employment". It adds that "sheltered work groups are not a category which are particularly well-developed in our country; few examples are known, all of which are supported financially by the enterprises in which they are organized". The Committee hopes that the Government will indicate in its next report the adaptations which have been made in vocational guidance, vocational training, placement, employment and other related services to enable disabled persons to secure, retain and advance in employment.

IV. Article 8. The Committee notes that measures are taken in rural areas through the provincial bodies for the integration of disabled persons and also through rehabilitation programmes at the community level (the document sent by the National Advisory Committee for the Integration of Disabled Persons). Please describe the activities of these bodies and programmes and specify the results achieved in the promotion of the vocational rehabilitation and employment of disabled persons in rural areas and remote communities.

V. Article 9. Please specify the authority or authorites responsible for ensuring the training and availability of rehabilitation counsellors, and the measures adopted in accordance with this Article of the Convention.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee takes note of the Government's first report on the application of the Convention. It would be grateful if, in its next report, the Government would provide information on the following points:

1. Articles 2, 3 and 6 of the Convention. Please indicate the measures adopted under the National Plan for Prevention and Comprehensive Rehabilitation, referred to in the Government's first report, and any other measures undertaken by the Government with a view to enabling disabled persons to secure, retain and advance in suitable employment. Please communicate also the results of the census provided for in Ministry of Labour Decree No. 10, of 1983, along with statistics on the operation of the arrangements made to provide practical information on the results of the measures provided for in sections 8, 11 and 23 of Act No. 22431. Please also indicate the measures adopted by the governments of the provinces. In this connection, the Government may wish to consult the provisions of paragraph 11 of the Vocational Rehabilitation and Employment (Disabled Persons) Recommendation, 1983 (No. 168) annexed to the report form.

2. Article 5. Please indicate the manner in which representative employers' and workers' organisations are consulted on the matters referred to in this Article. Please also provide information on the operation of the Advisory Committee of the National Advisory Committee for the Integration of Disabled Persons.

3. Article 7. Please provide information on the operation of sheltered production workshops (section 12 of Act No. 22431) and sheltered work groups (Decree No. 498). Please supply information on the vocational guidance and training provided for disabled workers.

4. Article 8. Please describe the arrangements made to promote the establishment and development of vocational rehabilitation and employment services for disabled persons in rural areas and remote communities.

5. Article 9. Please indicate the measures taken to ensure the availability of suitably qualified vocational rehabilitation staff.

6. Point III of the report form. The Committee notes that the subject-matter of the Convention exceeds the competence of the Ministry of Labour. It requests the Government to supply information on the action undertaken by the Ministry of Education, the Ministry of Health and Social Action, the National Advisory Committee for the Integration of Disabled Persons, and on the co-ordination between the above bodies and the organisation and operation of the inspection services with regard to the subject-matter of the Convention.