Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) - Malta (Ratification: 1988)

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Articles 2, 3 and 7 of the Convention. Vocational rehabilitation and employment policies for persons with disabilities. In reply to the Committee’s previous comments, the Government reports that, according to data from Malta’s Public Employment Service (Jobsplus), the number of persons with disabilities in employment increased from 1,797 in 2013 to 3,578 in 2018 (2,474 men and 1,104 women). The Government attributes this increase to the implementation of a set of measures that include: enforcement of the 2 per cent employment quota for persons with disabilities in enterprises employing more than 20 workers established under sections 15 and 16 of the Persons with Disability (Employment) Act; implementation of the “Access to Employment” and the “Bridging the Gap” schemes, supporting the transition of persons with disabilities from unemployment to employment (including through providing subsidies to employers and exempting them from social security contributions). Other initiatives include pre-employment training and job coaching provided by the Job Bridge Training Centre and the one-year Sheltered Employment Training (SET) programme. The Government reports that compliance by employers subjected to the quota increased from 11 per cent in December 2015 to 60 per cent in December 2017. It also refers to the implementation of the European Union (EU)-funded “100 Mirrors Initiative”, a pilot project that provides coaching, mentoring and job shadowing services for women with disabilities who wish to become entrepreneurs. In addition, the Committee notes the implementation of the EU-funded Person-focused Inclusion (INK) project, whose objectives include strengthening the competencies of persons with disabilities and supporting their inclusion in the labour market, as well as the REACH project (also funded by the EU), that provides persons with disabilities with social services, as well as with independent living and employability skills, to promote their social inclusion and reduce their risk of poverty. The Committee nevertheless notes that, according to the 2020 Malta Country Report of the European Commission (2020 EC report) developed in the framework of the 2020 European Semester, even if the employment rate of persons with disabilities, which stood at 37 per cent in 2017, has increased significantly, more than doubling over the past decade, it remains one of the lowest in the EU (EU average: 51 per cent). The 2020 EC report highlights that the activity rate of persons with disabilities in Malta remains very low. According to the report, as of 2018, 30 per cent of persons with disabilities were at risk of poverty and social exclusion, compared with 17 per cent of persons without disabilities. In its concluding observations on Malta, the UN Committee on the Rights of Persons with Disabilities (CRPD) expressed concern that: (a) article 17(3) of the Constitution restricts the right to access education and vocational training to “persons with disabilities that are incapable of working”; (b) the current quota system (…) seems ineffective, being applicable only to larger employers with 20 or more employees; (c) the State party uses medicalized criteria to assess the suitability of persons with disabilities to work (…); and (d) there is a high number of employers who do not employ persons with disabilities irrespective of their ability to work effectively (document CRPD/C/MLT/CO/1, 17 October 2018, paragraph 39). Lastly, the Committee recalls that, in its previous comments, it noted that the Employment and Training Corporation Strategic Plan 2016–18 contemplated the review of the Employment and Training Services Act with a view to strengthening the penalties imposed on employers that fail to comply with the statutory employment quota. The Government reports that no further amendments have been introduced to the Employment and Training Act. The Committee requests the Government to continue to provide detailed updated information on the status and impact of the measures adopted to promote the employment of persons with disabilities in the open labour market, including the implementation of the statutory 2 per cent employment quota for persons with disabilities. It also requests the Government to provide information on the measures adopted or envisaged to replace any assessment of suitability to work with an assessment that considers the needs and requirements for reasonable accommodation at work for persons with disabilities; and to raise awareness among employers on the capacities of persons with disabilities and their right to equal access to employment opportunities to work in the open labour market.

Article 4. Effective equality of opportunities and treatment between men and women workers with disabilities, and between workers with disabilities and other workers. In reply to the Committee’s previous comments, the Government reports that, in accordance with section 22(1)(i) of the Equal Opportunities (Persons with Disability) Act, 2000, the Equal Opportunities Compliance Unit (EOCU) within the National Commission for the Rights of Persons with Disability initiated 65 cases concerning denial of reasonable accommodation in the public and private sectors between 2012 and 2014. In this context, the Committee notes the concluding observations of the CRPD, in which it noted with concern that, while the Equal Opportunities (Persons with Disability) Act refers to multiple discrimination, it does not address intersectional discrimination against persons with disabilities in its article 3A(1) (document CRPD/C/MLT/CO/1, 17 October 2018, paragraph 7). The Committee notes that, according to the report of the Academic Network of European Disability Experts (ANED), the “European Semester 2018/2019. Malta country fiche on disability”, Malta has one of the highest gender gaps in the EU in relation to employment rates of persons with disabilities. The EU Statistics on Income and Living Conditions (EU–SILC) estimates that the employment rate of women with disabilities in Malta is the lowest in the EU. While the employment rate for women without disabilities is around 55 per cent (compared to 80 per cent for men without disabilities), the employment rate for women with disabilities is estimated at less than 20 per cent (compared to 35 per cent for men with disabilities). The Committee requests the Government to provide detailed information on the nature and the impact of measures adopted or envisaged to ensure effective equality of opportunities and treatment in employment and occupation between women and men with disabilities, as well as between workers without disabilities and those with disabilities, including information on the impact of these measures on the employment of persons with disabilities, including statistics disaggregated by economic sector and sex. The Committee also requests the Government to provide copies of court decisions, if any, addressing discrimination against women and men with disabilities, including denial of reasonable accommodation in the public and private sectors.

Article 5. Consultations with the social partners and with organizations of and for persons with disabilities. In reply to the Committee’s previous comments, the Government reiterates that the Jobsplus Board includes representatives of workers’ and employers’ organizations and of the National Commission for the Rights of Persons with Disability. It also indicates that public consultations were held concerning the final text of the National Disability Strategy. In addition, the Government refers to the launching of the Malta Business Disability Forum in 2018, as a joint initiative between the National Commission for the Rights of Persons with Disability, the Malta Chamber of SMEs (former GRTU), the Malta Employers’ Association and the Malta Chamber of Commerce to foster increased cooperation. The Committee notes, however, that the Government has not provided information on the content and outcome of the consultations held within the Jobsplus Board or of the results of the consultations held in relation to the National Disability Strategy. The Committee once again requests the Government to provide detailed updated information on the content and outcome of the consultations held within the Jobsplus Board on the implementation of a vocational rehabilitation and employment policy for persons with disabilities. In addition, the Committee requests the Government to provide updated information on the outcome of the consultations held in relation to the National Disability Strategy, in collaboration with employers’ and workers’ organizations, and to provide a copy of the Strategy once adopted.

Article 9. Training of suitably qualified staff. In reply to the Committee’s previous comments, the Government indicates that Jobsplus and the Lino Spiteri Foundation provide regular training to their staff and external applicants, in collaboration with the National Commission for the Rights of Persons with Disability and civil society organizations, to qualify or to top-up their qualifications as job mentors and job coaches. The Agenzija Sapport also organizes regular in-house training for staff involved in the implementation of vocational training and guidance projects for persons with disabilities, such as the INK project. The Committee requests the Government to continue to provide detailed updated information on the nature and impact of measures taken or envisaged to ensure the availability of suitably qualified staff responsible for the vocational guidance, vocational training, placement and employment of persons with disabilities.

In the context of the global COVID-19 pandemic, the Committee recalls the comprehensive guidance provided by international labour standards. In this context, the Committee draws the Government’s attention to the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205), which provides guidance for the development and implementation of measures to effectively respond to the profound socio-economic effects of the pandemic in areas such as education, vocational training and retraining, and employment. In particular, Paragraph 7(h) of Recommendation No. 205, provides that, in taking measures on employment and decent work in response to crisis situations, Member States should take into account the need to pay special attention to population groups and individuals who have been made particularly vulnerable by the crisis, including, but not limited to, persons with disabilities. The Committee invites the Government to provide in its next report updated information on the impact of the global COVID-19 pandemic on the application of the Convention.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Articles 2, 3 and 7 of the Convention. Vocational rehabilitation and employment policies for persons with disabilities. The Committee notes the information provided by the Government in its report concerning the measures implemented by the Employment and Training Corporation (Jobsplus) through the Inclusive Employment Services Division to promote access to the open labour market for persons with disabilities. The Government refers to the implementation of the Access to Employment Scheme, which provides a subsidy of €125 per week for a maximum of 156 weeks to employers who engage persons with disabilities. The Scheme enhances opportunities for persons with disabilities to access the labour market and gain work experience, bridging the gap between labour market supply and demand, and increasing social cohesion. The Government also refers to the Bridging the Gap Scheme, which provides support to persons with disabilities and other people in disadvantaged situations, to assist them in transitioning from unemployment to employment. The scheme allows employers to evaluate the performance of persons with disabilities in the workplace, prior to their formal engagement. Jobsplus provides workers with disabilities with support and a weekly allowance of 80 per cent of the minimum wage. Employers participating in this scheme are also exempted from paying social security contributions, wages and sick leave benefits. In addition, the Government refers to the Sheltered Employment Training (SET) programme, a one year programme that provides hands-on training in different tasks to persons with disabilities to enhance their soft skills and promote their employability. The objective of SET is to offer a simulated working environment to assist beneficiaries in moving towards sheltered employment and possibly into regular employment. In addition, a Job Bridge Training Centre was established, which offers training to disadvantaged groups, including persons with disabilities, and assists them to acquire pre-employment skills to support them in adapting to labour market changes and requirements. Finally, the Committee notes the establishment of a 2 per cent employment quota for persons with disabilities in enterprises employing more than 20 workers. Employers that have not attained this statutory employment quota are requested to make an annual contribution calculated on the basis of the shortfalls. Employers who employ persons with disabilities are exempt from social security contributions for these workers and may also be eligible for a fiscal incentive equivalent to 25 per cent of the person’s basic wage up to a maximum of €4,500 for each person. Nevertheless, the Committee notes that, according to the Employment and Training Corporation Strategic Plan 2016–18, the employment quota of persons with disabilities is being resisted by employers. In particular, fines and penalties imposed on employers that have not complied with the statutory employment quota are not high enough to deter violations. To address this issue, the Strategic Plan calls for the review of the Employment and Training Services Act, which establishes the roles, functions and competencies of Jobsplus. The Committee requests the Government to provide information on the impact of the measures adopted to promote employment of persons with disabilities in the open labour market. It also requests the Government to provide information on the status of the reviewing of the Employment and Training Services Act, with a view to achieving the statutory 2 per cent employment quota for persons with disabilities, and to send a copy once the amended Act is adopted. Furthermore, the Committee requests the Government to provide statistics and relevant data, disaggregated as much as possible by age, sex and the nature of the disability, extracts from reports, studies and inquiries concerning the matters covered by the Convention, including information on compliance with the quota system for employing persons with disabilities.

Article 4. Equality of opportunities and treatment. Legislation. The Committee notes that the Equal Opportunities (Persons with Disability) Act, 2000, prohibits discrimination on the ground of disability under section 7(1) with regard to: (a) procedures relative to application for employment; (b) the hiring, promotion or dismissal of employees; (c) employee compensation; (d) job training; (e) and any other terms, conditions and privileges related to employment. According to paragraph 2(d) of the cited section, an employee’s failure to provide reasonable accommodation for a person with disability would be considered discriminatory, unless the employer can prove that the required accommodation would unduly prejudice the operation of his or her trade or business pursuant to the criteria established under paragraph 4. Furthermore, paragraph 5 provides that reasonable accommodation may include, among other things, adapting existing facilities used by employees to make them readily accessible to and usable by persons with disabilities; as well as restructuring jobs, and instituting part-time and modified work schedules. The Committee requests the Government to provide information on the implementation of the Equal Opportunities (Persons with Disability) Act, 2000, with regard to the promotion of effective equality of opportunity and treatment between workers with disabilities and other workers, including on the provision of reasonable accommodation.

Article 5. Consultations. The Committee notes with interest that representatives of the National Commission for Persons with Disabilities and workers’ and employers’ organizations participate in the Board of the Employment and Training Corporation (Jobsplus). It further notes that the draft of the Malta National Disability Strategy, which includes employment and education measures, was published and public consultations were held in 2016. The Committee requests the Government to provide detailed information on the content and outcome of the consultations held within the Board of the Employment and Training Corporation (Jobsplus) on the implementation of a vocational rehabilitation and employment policy for persons with disabilities. The Government is also requested to indicate the results of the consultations held in relation to the Malta National Disability Strategy.

Article 9. Training of suitably qualified staff. The Government indicates that the employment advisors of the Inclusive Employment Services Division work in close collaboration with other specialized organizations to offer individual career counselling and additional related services to persons with disabilities. In this respect, the Government refers to the Lino Spiteri Foundation (LSF), a social purpose foundation established to encourage companies to create better employment opportunities for persons with disabilities. The LSF is aimed at bridging the gap between companies and individuals, and creating employment through providing initial registration, career advisory and job search assistance to persons with disabilities. The Committee requests the Government to provide updated information on the measures taken or envisaged to ensure the availability of suitably qualified staff responsible for the vocational guidance, vocational training, placement and employment of persons with disabilities.

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

The Committee notes the information provided by the Government in reply to its earlier comments and, in particular, statistics supplied under point V of the report form.

Article 5 of the Convention. The Committee notes from the Government's report that the National Commission for the Handicapped (KNH) has a wider role as compared to the Disabled Resettlement Advisory Committee, in that it coordinates the activities of all public bodies and voluntary organizations relating to the rehabilitation of disabled persons and makes recommendations to the Government. The Committee notes from the paper "A caring society in a changing world" supplied with the Government's first report that the KNH has been established with representation of the relevant government departments, the Federation of Associations for the Handicapped and other concerned individuals. Please state whether employers' and workers' organizations are also represented on the KNH and, if not, please describe the manner in which these organizations are consulted on the implementation of the national policy on vocational rehabilitation and employment of disabled persons, in accordance with this Article.

Article 7. The Committee notes the information on the activities of the Employment and Training Corporation. The Government indicates that so far the Corporation has not run any special training courses or placement schemes for disabled persons, but such courses are now under preparation, in consultation with the Disablement Resettlement Officer and with the KNH, and will be started in the near future. The Committee would be grateful if the Government would describe any new developments in this field, as well as other practical measures taken for the development of various services for disabled persons, including vocational guidance services, in accordance with this Article. It also reiterates its request to the Government to provide information on the activities of the special employment service for disabled persons run by the Department of Health, to which reference was made in the Government's first report.

Article 9. With reference to its earlier comments, the Committee hopes that the Government will not fail to indicate, in its next report, measures taken to ensure the availability of suitably qualified vocational rehabilitation staff, as required under this Article.

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

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:

The Committee has noted with interest the information supplied by the Government in its first report on the application of the Convention. It would be grateful if in its next report the Government would supply additional information on the following points:

Article 5 of the Convention. Please describe in more detail the manner in which representatives of employers and workers on the Disablement Resettlement Advisory Committee established under section 23 of the Disabled Persons (Employment) Act, 1969, are consulted on the implementation of the national policy on vocational rehabilitation and employment of disabled persons.

Article 7. Please describe in more detail the practical measures taken for the development of vocational guidance services, vocational training courses, industrial rehabilitation courses and disablement resettlement services provided for in section 3(1) of the above 1969 Act. Please also provide information on the activities of the special employment service for disabled persons run by the Department of Health, to which reference is made in the Government's report.

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

Please also provide information on practical application of the Convention requested under point V of the report form, including for example statistics, extracts from reports, studies and inquiries concerning the matters covered by the Convention. Please refer in particular to the measures taken in the framework of the current reorganisation of the welfare services to give effect to the Employment and Training Services Act, 1990, or to the follow-up given to the relevant proposals contained in the paper "A caring society in a changing world".

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee has noted with interest the information supplied by the Government in its first report on the application of the Convention. It would be grateful if in its next report the Government would supply additional information on the following points:

Article 5 of the Convention. Please describe in more detail the manner in which representatives of employers and workers on the Disablement Resettlement Advisory Committee established under Section 23 of the Disabled Persons (Employment) Act, 1969, are consulted on the implementation of the national policy on vocational rehabilitation and employment of disabled persons.

Article 7. Please describe in more detail the practical measures taken for the development of vocational guidance services, vocational training courses, industrial rehabilitation courses and disablement resettlement services provided for in section 3(1) of the above 1969 Act. Please also provide information on the activities of the special employment service for disabled persons run by the Department of Health, to which reference is made in the Government's report.

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

Please also provide information on practical application of the Convention requested under Point V of the Report Form, including for example statistics, extracts from reports, studies and inquiries concerning the matters covered by the Convention. Please refer in particular to the measures taken in the framework of the current reorganisation of the welfare services to give effect to the Employment and Training Services Act, 1990, or to the follow-up given to the relevant proposals contained in the paper "A caring society in a changing world".