Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) - Luxembourg (Ratification: 2001)

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government on 5 December 2020, as well as on the basis of the information at its disposal in 2019.

Articles 1(2) and 2 of the Convention. National policy for the vocational rehabilitation and employment of persons with disabilities. The Committee notes the detailed information sent by the Government on the application of the Convention and the measures adopted in the context of the implementation of the UN Convention on the Rights of Persons with Disabilities. It notes with interest the main policy statements, legislative texts and administrative regulations, and also the practical measures taken for persons with disabilities, including the adoption in January 2020 of the second “National Action Plan for the implementation of the Convention on the Rights of Persons with Disabilities 2019–24”. Section 7 of this Plan, devoted to work and employment, describes the measures concerning access to work, remaining in employment, follow-up to the measures and adaptation of the legislative framework. Moreover, the Committee notes a series of practical measures adopted for persons with disabilities, in particular: (i) the 2018–23 coalition agreement of the Government of Luxembourg, which aims, inter alia, at making the employment market more inclusive for persons with disabilities; (ii) the Act of 1 August supplementing the Labour Code establishing assistance with respect to inclusion in employment for workers with disabilities and workers involved in outplacement, which provides for support geared to the needs of persons with disabilities at their workplace, in order to facilitate integration in and retention of employment; (iii) the amended Act of 12 September 2003, incorporated into the Labour Code, which regularizes the recruitment of persons with disabilities and provides for a compensation tax in the event of an employer’s refusal to hire the prescribed number of persons with disabilities (section 12); and (iv) the programme for the occupational redeployment of workers who are unable to occupy their last job for reasons related to health, infirmity or reduced strength but do not receive an invalidity benefit. The aim of this programme is to enable these workers to keep their jobs (by appointment to another post within the enterprise or by adjustment of the post or hours of work) or to find work suited to their current capacities. The Committee requests the Government to provide information on the impact of the implementation of the second National Action Plan 2019–24 on the application of the Convention. It also requests the Government to provide information, including statistics disaggregated by sex and age, on the effects of the measures taken to ensure the inclusion in employment of persons with disabilities.

Articles 3 and 4. Promotion of employment for persons with disabilities. The Committee previously invited the Government to continue providing information on the measures taken to promote employment possibilities for persons with disabilities in the open labour market. The Government indicates that in 2018 the Ministry of Labour, Employment and the Social and Solidarity Economy (Ministry of Labour) signed collaboration agreements with 10 organizations which manage sheltered workshops. The Ministry of Labour also introduced a flat-rate subsidy system, the calculation for which is based on the number of workers with disabilities catered for in sheltered workshops. In 2018, sheltered workshops offered employment contracts to 1,213 workers with disabilities. With regard to measures to promote employment possibilities for workers with disabilities in the open labour market, the Government indicates that employers who hire workers with disabilities are eligible for wage subsidies (from 30 to 100 per cent) and coverage of a part of the costs of wages, training, adjustment of posts and access to them, employers’ social security contributions, and also the provision of adjusted occupational equipment. The Committee notes the detailed statistics provided by the Government, particularly those concerning the number of recipients of wage subsidies and the amount of reimbursements related to wage costs. It also notes that 50 jobs in the service of the State are still reserved for persons who have the status of workers with disabilities. Moreover, the Government refers to various compensation revenues and reintegration projects established for jobseekers who have the status of workers with disabilities and reside in Luxembourg. In this regard, the Committee notes that candidates capable of entering the regular employment market are invited to recruitment days using the “speed-dating” model in order to meet potential employers. It also notes the establishment of various services designed to favour the placement of persons with disabilities in the regular labour market, such as the “employment café”, the Contact Centre of the Employment Development Agency (ADEM), professionalization training courses, the reintegration in employment contract (CRE), and also the Disability and Vocational Rehabilitation Service (S-HRP). The Committee requests the Government to continue providing detailed and up-to-date information, including statistics disaggregated by sex, age and occupation relating to the impact of the measures adopted to promote employment possibilities for persons with disabilities in the open labour market.

Article 5. Consultation of the social partners. The Committee previously asked the Government to indicate the manner in which it is ensured that the representative organizations of workers and employers are consulted on the implementation of the Convention. The Government indicates that exchanges with the social partners take place regularly within the Standing Committee on Labour and Employment, bringing together the representatives of workers and employers. This Committee is responsible, inter alia, for examining the situation of vocational rehabilitation and the employment of persons with disabilities. It also indicates that, in the legislative context, employers’ associations and trade unions and also the Chamber of Workers and Trades are consulted by the drafters of laws and regulations which have a connection with disability policy. In this regard, the Committee notes that the new National Action Plan 2019–24 has been drawn up by the Ministry of the Family, Integration in the Greater Region (MIFA), in close collaboration with other ministerial departments, associations and various other stakeholders as well as the Higher Council for Persons with Disabilities (CSPH) and the Action Plan Steering Group. The Committee requests the Government to continue providing information on the manner in which the organizations of workers and employers and also representative organizations of and for persons with disabilities are consulted with regard to the implementation of the National Action Plan 2019–24 and any evaluation of its impact.

Articles 7 and 9. Vocational rehabilitation. With regard to vocational rehabilitation, the Government indicates that vocational rehabilitation measures are accessible to all categories of persons with disabilities. The Committee notes the information, including the statistics provided by the Government on measures for vocational guidance, training, re-education, integration and reintegration organized by ADEM. It also notes the activities of the S-HRP, which is mandated to provide employment-related advice, guidance, training and placements for persons with disabilities and also the implementation of the COSP-HR inter-ministerial cooperation project, aimed at evaluating the capacities of persons with disabilities and facilitating guidance and/or vocational rehabilitation for them. The Committee requests the Government to continue providing detailed information on the various measures taken by ADEM and the S-HRP, and also those envisaged in the context of the COSP-HR relating to vocational rehabilitation and employment for persons with disabilities. The Committee also requests the Government to provide up-to-date statistics, disaggregated by sex, age and occupation, on the number of men and women workers with disabilities who have been placed in sustainable employment in the open labour market or who have received advice and vocational training provided by the above-mentioned services.

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

Articles 3 and 4 of the Convention. Employment promotion for persons with disabilities. In its report, the Government indicates that it endeavours to encourage enterprises to recruit persons with disabilities through the dynamic use of employment policy instruments. The Government considers that it is necessary to continue its efforts to increase the employability of persons registered with the Employment Development Agency (ADEM) and to ensure that all the requirements are met to promote the development of persons with disabilities and to offer them interesting prospects on the employment market. In 2013, some 431 vocational integration measures to improve employability were offered to persons with disabilities seeking employment. The Committee also notes that the State has undertaken to recruit each year around 50 additional employees with disabilities in order to increase the employment rate of persons with disabilities in the public sector. The Government specifies that these 50 full-time jobs are expressed in person hours/weeks so as to ensure that the jobs made available correspond to the effective capacities of the persons with disabilities concerned, thereby making it possible to engage these persons in full-time or part-time jobs, according to their needs. According to the Government, a majority of the placements in enterprises do not result in recruitment, as the integration of persons with disabilities into the ordinary labour market is hindered in particular by personnel costs and the time required by the enterprise, as well as a lack of awareness of the problems of disability. The Committee requests the Government to continue providing information on the measures adopted to promote employment opportunities for persons with disabilities on the open labour market.

Article 5. Consultation of the social partners. The Government refers to the composition of the Higher Council for Persons with Disabilities, an advisory body under the authority of the Ministry of the Family, and its functions. The Higher Council for Persons with Disabilities is composed of 11 members, namely five representatives of persons with disabilities, four representatives of associations providing services to persons with disabilities, the Director of the National Disability Information and Meeting Centre and a department delegate for the “disabled and injured”, nominated by the responsible minister. The representative organizations of workers and employers are not represented on the Council. The Committee recalls in this respect that the Convention provides not only for the consultation of the representative organizations of and for persons with disabilities, but also the representative organizations of employers and workers. The Committee asks the Government to indicate the manner in which it is ensured that representative organizations of workers and employers are consulted on the implementation of the Convention.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Promotion of employment for persons with disabilities. The Committee notes the report received in September 2013 which contains detailed information in reply to its previous direct request, as well as statistical data on the activities of the departments of the Employment Development Agency that deal with workers with disabilities and workers with reduced working capacity. The Committee notes that the Act of 16 December 2011 amended the Act of 12 September 2003 concerning persons with disabilities. The Government indicates that, in accordance with the amendments introduced in 2011 to the Act concerning persons with disabilities, workers with disabilities who are occupied in a sheltered workshop are recognized as full employees and receive a wage. The State will now cover the entire cost of the basic wage for workers with disabilities employed in sheltered workshops, with a view to ensuring equal recruitment opportunities for all workers with disabilities oriented towards the sheltered labour market. The Committee notes that, according to section 10 of the new Act, 5 per cent of the total workforce of the State must be constituted by workers with disabilities employed on a full-time basis. It is also established that persons who as result of their disability are unable to work in either an ordinary or a sheltered environment can claim benefits for persons with serious disabilities. The Government indicates that, in view of the increase in the number of workers with disabilities in the last decade, the number of staff in the department dealing with workers with disabilities must be increased in order to provide a high-quality service. The Committee notes that a number of measures have been implemented in recent years by the Adult Training Service (SFA) with a view to supporting the participation of persons with special needs in lifelong education and training (Article 9 of the Convention). The Committee invites the Government to continue to provide information in its next report on the measures taken to promote employment possibilities for persons with disabilities and to ensure equality of opportunity and treatment for workers with disabilities and other workers and to promote their employment possibilities in the open employment market (Article 4). The Government is also requested to supply practical information, including statistics (disaggregated, as far as possible, by age, sex and the nature of the disability), extracts from reports, studies and inquiries relating to the matters covered by the Convention (Part V of the report form).

Article 5 of the Convention. Consultation of the social partners. The Government indicates that professional chambers, as elements in the legislative procedure, must be consulted with respect to any laws or orders concerning their nationals. In the specific area of disability, the Government refers to the setting up of a Higher Council for Persons with Disabilities, which will have the task of assisting and advising the minister responsible for the coordination of policy for persons with disabilities, and also of creating links between persons with special needs and professionals in the sector and members of the Government. The Committee invites the Government to provide information enabling an evaluation of the role of the Higher Council for Persons with Disabilities in the application of the Convention.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee takes note of the Government’s report for the period ending in June 2010. It invites the Government to provide practical information and statistical data (disaggregated, as far as possible, by age, sex and nature of disability), together with extracts from reports, studies and enquiries on the implementation of the policy on vocational rehabilitation and employment of persons with disabilities (Part V of the report form).

Article 4 of the Convention. Equality of opportunity and treatment. The Government indicates that in terms of income, the situation of persons with disabilities is marked by wide disparities and unwarranted inequalities, which are a hindrance to any policy that sincerely pursues equality of rights and opportunities for persons with disabilities. The Committee notes that a Bill, tabled on 27 July 2001, has not as yet been adopted. Its aim was to promote economic security and independence for persons with disabilities. The Committee requests the Government to give in its next report an account of the progress made in ensuring effective equality of opportunity and treatment between men women with disabilities and other workers.

Article 5. Consultation of social partners. In reply to the previous direct request, the Government indicates that the department for workers with disabilities has no information on the consultations held with the social partners, as this matter falls within the remit of the ministries responsible for the policy on disability (Ministry for the Family and Integration and Ministry of Labour and Employment). The Committee requests the Government to provide specific information on the consultations held with the social partners and other interested organizations, required by Article 5 of the Convention.

Article 9. Suitably qualified staff. The Government states that the staff of the department for workers with disabilities has only three members who deal with social/educational matters and have specialized knowledge of disability. It further indicates that to perform the duties laid down in the law, there is still a need for a body to be responsible for permanent monitoring of the employment measures taken with regard to persons with disabilities. The Committee invites the Government to indicate the measures taken to ensure that a large enough suitably qualified vocational rehabilitation staff is available for persons with disabilities.

[The Government is asked to reply in detail to the present comments in 2013.]

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

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 2004 direct request, which read as follows:

1. The Committee notes with interest the Government’s first report on the implementation of the Convention. It also notes the additional information received in October 2004. It asks the Government to provide general information, in its next report, on the manner in which the Convention is being applied, including, for example, statistics, extracts from reports, studies and inquiries concerning the matters covered by the Convention (Part V of the report form). Please also provide additional information on the following points.

2. Article 4 of the Convention. The Committee notes that national legislation aimed at ensuring equality of opportunity between disabled workers and workers generally is being adopted. It would be grateful if the Government would provide information on any progress made on this draft act and on any other special positive measure aimed at ensuring effective equality of opportunity and treatment between disabled workers and other workers.

3. Article 5. The Committee notes that the Higher Council for the Disabled, composed of representatives of associations of and for disabled persons, and of representatives of the State, assists and advises the minister responsible for policy for the disabled. It asks the Government to indicate what steps are being taken to ensure that representative workers’ and employers’ organizations are consulted on the implementation of policy for the disabled and on the adoption of measures aimed at promoting cooperation and coordination between the public and private bodies responsible for vocational rehabilitation.

4. Article 9. Please indicate the measures taken to ensure that staff suitably qualified in vocational rehabilitation are made available to disabled persons.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. The Committee notes with interest the Government’s first report on the implementation of the Convention. It also notes the additional information received in October 2004. It asks the Government to provide general information, in its next report, on the manner in which the Convention is being applied, including, for example, statistics, extracts from reports, studies and inquiries concerning the matters covered by the Convention (Part V of the report form). Please also provide additional information on the following points.

2. Article 4 of the Convention. The Committee notes that national legislation aimed at ensuring equality of opportunity between disabled workers and workers generally is being adopted. It would be grateful if the Government would provide information on any progress made on this draft act and on any other special positive measure aimed at ensuring effective equality of opportunity and treatment between disabled workers and other workers.

3. Article 5. The Committee notes that the Higher Council for the Disabled, composed of representatives of associations of and for disabled persons, and of representatives of the State, assists and advises the minister responsible for policy for the disabled. It asks the Government to indicate what steps are being taken to ensure that representative workers’ and employers’ organizations are consulted on the implementation of policy for the disabled and on the adoption of measures aimed at promoting cooperation and coordination between the public and private bodies responsible for vocational rehabilitation.

4. Article 9. Please indicate the measures taken to ensure that staff suitably qualified in vocational rehabilitation are made available to disabled persons.