Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) - Czechia (Ratification: 1993)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 2 and 3 of the Convention. Implementation of a national policy on vocational rehabilitation and employment of persons with disabilities. The Committee notes the adoption of Act No. 327/2017 Coll. during the reporting period, which entered into force on 1 January 2018 and amended the Employment Act to introduce the concept of a “sheltered labour market”. The Government points out that this amendment differentiates between the sheltered and open labour markets, which was previously not permitted under the Employment Act. The Government indicates that, pursuant to section 78 of the Employment Act, as amended, the sheltered labour market is limited to: employers who employ more than 50 per cent of persons with disabilities out of the total number of their work force and who have concluded a written agreement with the Labour Office which recognizes their status as an employer in the sheltered labour market. The statistics provided by the Government’s report show a continuous increase in the amount of funds spent to support the implementation of section 78, with 4,320,059.42 Czech koruna spent in 2015, compared with 8,406,392.75 koruna in 2020. The Government points out that the contributions that can be granted to employers for the employment of persons with disabilities have been redefined, renamed and differentiated into contributions to either the sheltered or open labour market. In this respect, the Committee notes the Government’s indication that the competent regional branch of the Labour Office of the Czech Republic (LO CR) can provide the employer, on the basis of his or her written request, with a range of active labour market policy contributions to support the employment of a person with a disability, including contributions: for the establishment of a job for a person with a disability (section 75 of the Employment Act); to cover operating costs incurred (section 76); and a contribution for the reservation of a socially useful job (section 113), intended for a person with a disability maintained on the register of jobseekers. The Government emphasizes that there is no legal right to receive these contributions, and that their provision and amounts are determined by the LO CR on the basis of an assessment of the employability of the person with a disability, according to the current situation on the labour market in the region and on the evaluation of the economy, efficiency and effectiveness of State budget spending on such contribution. In addition, the Committee notes the Government’s indication that the main tool used to increase the share of persons with disabilities in the open labour market is the quota requirement that obliges employers with more than 25 employees to ensure that at least 4 per cent of their total workforce are persons with disabilities. In addition, the Committee notes the project “Development of the system of support for the employment of persons with disabilities on the open labour market” (the person with disabilities employment project), which has been implemented by the Labour Office of the Czech Republic since 2017. The person with disabilities employment project aims to support the employment of persons with disabilities in the open labour market and promote the cooperation of stakeholders who are contributing to this goal. The Committee requests the Government to continue to provide detailed, updated information on the practical application of Articles 2 and 3 of the Convention, including statistics and relevant data, disaggregated as much as possible by age and sex, extracts from reports, studies and other documents concerning the nature, scope and impact of measures taken to implement a national policy on vocational rehabilitation and employment of persons with disabilities. In particular, the Committee requests the Government to provide updated information on the measures taken or envisaged to improve the share of persons with disabilities in the open labour market, including women, young persons and those belonging to disadvantaged groups that may be subjected to intersectional discrimination. The Committee also requests the Government to provide detailed updated information on the manner in which the amendments to the Employment Act establishing separate labour markets (sheltered and open) is given effect, and particularly on measures taken to ensure that the establishment of separate labour markets does not perpetuate social or economic exclusion of persons with disabilities.

Article 4. Equality of opportunity and treatment. The Committee notes the information provided by the Government in relation to measures implemented under the National Plan for the Support of Equal Opportunities for Persons with Disabilities (2015–2020) which, among other things, seek: to more closely link the education and employment systems, to facilitate the transition of young persons with disabilities from school to work; to increase the attention paid to active labour market measures developed and implemented for jobseekers with disabilities and employers who seek to recruit persons with disabilities; to address discrimination on the grounds of health; and to promote the employment of persons with disabilities in the public sector. The Committee notes the Government’s indication that these measures are implemented regardless of age, gender or the nature of the disability concerned. In addition, the Committee notes with interest that, in accordance with section 38 of Act No. 134/2016 on public procurement, employers recruiting persons with disabilities are favoured in public procurement processes. The Government does not, however, provide specific statistics of the results of the National Plan for the Support of Equal Opportunities for Persons with Disabilities (2015–2020). The Committee also notes the statistical information provided by the Government in relation to the participation of persons with disabilities in employment rehabilitation courses during the period 2015–2021, which show marked increases in the share of women with disabilities participating in these courses. Nevertheless, the Committee once again recalls that, in its concluding observations on the initial report submitted by the Czech Republic under the UN Convention on the Rights of Persons with Disabilities, the Committee on the Rights of Persons with Disabilities expressed its concerns regarding: the high unemployment rate of persons with disabilities, the higher rate of unemployment of women with disabilities as compared to men with disabilities, and the share of almost one-third of employed persons with disabilities who are working outside of the open labour market (CRPD/C/CZE/CO/1, 15 May 2015). The Committee also notes that the Government does not provide information on specific measures to increase the proportion of persons with disabilities belonging to disadvantaged groups, including persons from the Roma community, in employment and vocational rehabilitation and training. The Committee requests the Government to provide information on the renewal of the 2015–2020 National Plan, or any other policy, aiming at ensuring equality of opportunity and treatment in employment and vocational rehabilitation and training for workers with disabilities. In particular, the Committee requests the Government to provide specific information on measures, statistics, or data, regarding the effective implementation of such a National Plan or policy. In addition, the Committee reiterates its request that the Government include information on specific measures taken to increase the proportion of women with disabilities and persons with disabilities belonging to disadvantaged groups, including those from the Roma community, in employment and vocational rehabilitation and training.

Article 5. Consultation of the social partners. The Committee notes that representatives of employers were consulted in the process of amending the system of sheltered jobs. The Committee requests the Government to provide additional updated information regarding the content and outcome of consultations held with the social partners, as well as with representatives of and for persons with disabilities, as required under Article 5 of the Convention.

Article 9. Suitable trained and qualified staff. The Committee notes that, as part of the person with disabilities employment project, 99 employees were recruited to counsel persons with disabilities to assist them in securing employment in the open labour market. The Government adds that, during the project implementation from 2018 to May 2021, the counsellors placed 4,861 persons with disabilities in the open labour market and 2,856 persons in the sheltered labour market. The Committee also notes that during the reporting period, the Government built 7 new ergodiagnostics centres (EDCs), bringing the total number of EDCs operating in the country to 13. The Government points out that the EDC teams are interprofessional teams composed of a doctor, a physiotherapist, an occupational therapist, a psychologist, a speech therapist, a nurse, a special pedagogue, and a prosthetist, working in collaboration to provide employment rehabilitation services. The Committee requests the Government to continue to provide detailed updated information on the nature and scope of services available in terms of rehabilitation, vocational guidance, vocational training, placement and employment of persons with disabilities. It also requests the Government to provide statistical data, disaggregated by age and sex, on the impact of these services.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the observations of the Confederation of Industry and of the Czech-Moravian Confederation of Trade Unions (ČMKOS), as well as the Government’s response thereto, which were incorporated into the Government’s report.

Articles 2 and 3 of the Convention. Implementation of a national policy on vocational rehabilitation and employment of persons with disabilities. The Committee notes the detailed information provided by the Government regarding the financial and non-financial incentives contained in the Employment Act to promote the employment of persons with disabilities. The Committee notes in this regard that section 67 of the Act, as amended, expands the definition of persons with disabilities to include disadvantaged persons (persons who do not meet the criteria established under subsections (a) and (b) of section 67, but whose capacity to work are substantially limited due to long-term adverse health conditions). The incentives afforded under the Act include contributions from the Labour Office to employers supporting the creation of new jobs for persons with disabilities, wage contributions and partial reimbursement of costs related to the employment of persons with disabilities, including in sheltered jobs. In addition, the Government indicates that employers are granted an income tax abatement for employing persons with disabilities, and those employing persons with disabilities may be granted preferential treatment under section 101 of Act No. 137 of 2006 on public procurement.

The Committee notes that section 81 of the Employment Act requires employers with more than 25 employees to employ a specified percentage of persons with disabilities, equivalent to 4 per cent of the employer’s total workforce. The Act further provides that employers may also fulfil this obligation through other means, including by purchasing products and services from employers whose workforce is composed of more than 50 per cent of persons with disabilities, as well as by making payments to the State budget in the proportions specified in section 82 of the Act. The Government indicates that, in 2012, the system of sheltered workplaces was eliminated and replaced with a system of sheltered jobs. In 2014, employers received support under section 78 of the Employment Act for the employment of 36,147 persons with disabilities, and 1,132 persons with disabilities were placed in sheltered jobs (compared with 768 in 2013).

In its previous comments, the Committee invited the Government to provide an assessment of the measures implemented to remove barriers and create better conditions for persons with disabilities in the open labour market. The Government indicates that a project was carried out with a view to increasing the effectiveness of the system to support the employment of persons with disabilities, which led to the establishment in 2014 of a working group at the Ministry of Labour and Social Affairs (MoLSA) tasked with the comprehensive adjustment of the current system.

In its observations, ČMKOS considers that the current vocational rehabilitation system in the Czech Republic does not provide adequate coverage, as the vocational rehabilitation services provided by the Labour Office meet only a fraction of the need. In addition, ČMKOS expresses its dissatisfaction that accident insurance is currently provided by private insurance companies and that surplus financial resources held by these companies are being transferred back to the State budget, instead of being used for targeted prevention and rehabilitation of workers injured at work. The ČMKOS is, however, pleased to note that the notion of disadvantaged workers has been reintroduced in section 67 of the Employment Act, as these workers are those in greatest need of vocational rehabilitation, but given their level of impairment, they do not qualify for a disability pension. The Confederation of Industry is of the opinion that the support given for projects and programmes have only resulted in recommendations without adding any specific substantive elements. Moreover, the Confederation of Industry expresses concern that the Ministry for Regional Development plans to eliminate the advantages accorded to employers under the current public procurement system. It also highlights the low level of financial resources available in 2014 to implement vocational rehabilitation programmes.

In response to the observations from the Confederation of Industry and ČMKOS, the Government indicates that it is committed to continuing its efforts to establish a fully accessible vocational rehabilitation system and is currently carrying out a complex re-evaluation of the current system under the auspices of the MoLSA. The Government also points out that vocational rehabilitation is not the only active labour market policy tool available, noting its ongoing programmes to encourage and support disadvantaged groups of people in finding employment. The Committee notes the concerns expressed by the Committee on the Rights of Persons with Disabilities in its concluding observations on the initial report submitted by the Czech Republic under the UN Convention on the Rights of Persons with Disabilities (CRPD/C/CZE/CO/1, 15 May 2015) in relation to “the high unemployment rate of persons with disabilities and the fact that the unemployment rate of women with disabilities is higher than that of men with disabilities”. The Committee on the Rights of Persons with Disabilities also noted with concern that close to one third of employed persons with disabilities work outside the open labour market.

The Committee requests the Government to provide information on the impact of its national policy on persons with disabilities as well as the impact of its main programmes and measures, including the system of sheltered jobs. Please also provide further information on employment and vocational rehabilitation programmes and active labour market policy measures focusing on promoting the employment of persons with disabilities in the open labour market. The Committee also requests the Government to provide information on the manner in which the Convention is applied in practice, including information on programmes and measures taken to increase the proportion of women with disabilities in employment and vocational training, as well as on the different types of training measures (mainstream or specialized training) and their impact. Please also 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 in the private and public sectors.

Article 4. Equality of opportunities and treatment. The Government indicates that, in June 2015, a new National Plan for the Support of Equal Opportunities for Persons with Disabilities (2015–20) was approved. The Committee requests the Government to provide further information on the impact of the measures, including measures adopted or envisaged to implement the 2015–20 National Plan, aimed at ensuring equality of opportunity and treatment in employment and vocational rehabilitation and training for workers with disabilities. Please also include information on specific measures taken to increase the proportion of women with disabilities and persons with disabilities belonging to vulnerable groups, including those from the Roma community in employment and vocational rehabilitation and training.

Article 5. Consultation with the social partners. The Committee notes that the working group established by MoLSa in 2014 to propose comprehensive adjustments to the system supporting the employment of persons with disabilities includes government representatives, representatives of the Labour Office of the Czech Republic, employers’ representatives as well as representatives of organizations of and for persons with disabilities, including the Chamber of Employers of Persons with Disabilities and the Czech National Disability Council. The Government indicates that the working group has identified areas in which work is needed to improve the position of persons with disabilities in the labour market, as well as the effectiveness of the existing system supporting their employment. These areas include: workload assessments to enable persons with disabilities to successfully find a job, if any, on the labour market; simplification and increased effectiveness of support in the open labour market; and streamlining and simplifying support to employers, creating synergies between tax deductions and other benefits available to support the employment of persons with disabilities in the open labour market. The Committee requests the Government to continue to provide information on the content and outcomes of the consultations held with employers’ and workers’ organizations and representative organizations of and for persons with disabilities on the matters covered by the Convention.

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

Article 2 of the Convention. National policy on vocational rehabilitation and employment of persons with disabilities. The Committee notes the detailed report and statistical data provided by the Government in October 2010, including comments from the Confederation of Industry and Transport (CIT). In reply to the previous direct request, the Government reports that vocational rehabilitation issues are a standard part of comprehensive national programmes focused on the situation of persons with disabilities. It further states that a project aimed at enhancing the efficiency of the system supporting employment of persons with disabilities was launched by the Ministry of Labour and Social Affairs to be implemented between September 2009 and July 2011. The Government indicates that this project aims to remove barriers and create proper conditions for supporting the inclusion of this disadvantaged group in the labour market. The Committee invites the Government to provide in its next report an assessment of the measures implemented until July 2011 to remove barriers and create better conditions for persons with disabilities in the open labour market. The Government is also requested to include practical information, including statistics (disaggregated as much as possible by age, sex, and the nature of the disability), extracts from reports, studies or inquiries on the matters covered by the Convention (Part V of the report form).

Article 3. Access to the open labour market and services made available for persons with disabilities. The Government indicates that employment opportunities for persons with disabilities in the open labour market are promoted through protected jobs and protected workshops. Both are created through an agreement with the Labour Office. It also indicates that the Employment Act provides employer benefits in the form of a lump sum subsidy from the incurred payroll costs per employed person with disability and that since 1 January 2009, the monthly contribution amounts to 8,000 Czech koruna (CZK). The Employment Act also stipulates a mandatory share of persons with disabilities to be employed by employers with a workforce of over 25 employees. Statistical data provided by the Government indicates that labour offices subsidized the creation of new protected jobs, jobs at protected workshops, or self-employment activities for persons with disabilities totalling 1,606 jobs in 2006, 1,284 in 2007, 974 in 2008, and 1,231 in 2009. The Committee invites the Government to continue providing information on the measures adopted to promote employment opportunities for persons with disabilities, and to indicate whether the vocational rehabilitation measures are made available to all categories of persons with disabilities.

Article 4. Equality of opportunities and treatment. In reply to the previous direct request, the Government indicates that the scope of the Employment Act has been extended by Act No. 198/2009 Coll., the Anti-Discrimination Act, which prohibits direct and indirect discrimination on the ground of disability in the sphere of right to employment, access to employment, profession, business, labour and service relations and other employment relations including remuneration issues. The Committee also notes that the National Plan for the Creation of Equal Opportunities for Persons with Disabilities 2010–14 was adopted by Government Resolution No. 253 of 29 March 2010. The Committee invites the Government to continue to provide information on any special measures aimed at effective equality of opportunity and treatment between workers with disabilities, whether men or women, and other workers.

Article 5. Consultation of the social partners. The Committee notes that the Government Committee for People with Disabilities has established an expert group for employment of persons with disabilities which consists of government representatives and social partners. This group evaluates practical experience and findings, and then formulates proposals and recommendations of system changes in the area of employment of persons with disabilities. The Committee invites the Government to continue to provide information on the manner in which representative employers’ and workers’ organizations, and representative organizations of and for persons with disabilities are consulted on the matters covered by the Convention.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the comprehensive information and the statistics supplied in the Government’s report, which includes a detailed observation by the Czech-Moravian Confederation of Trade Unions (CMKOS). It notes in particular that in 2004, new legislative provisions regarding the definitions of persons with disabilities, of sheltered jobs and sheltered workshops, as well as the procedures in order to obtain vocational rehabilitation, were adopted. The Government included in its report detailed data concerning the registered unemployment of persons with disabilities and the support provided to them. The Committee further notes that the new legislative provisions have abrogated section 50 of the Labour Code, which provided the possibility to dismiss a worker with a disability only after the authorization had been given by the relevant authority.

2. The CMKOS, which had consultative status during the process of drafting the new legislation, expresses some concerns with regard to: the periodical review of the national policy on vocational rehabilitation and employment of persons with disabilities; the measures taken to provide vocational training; placement; employment and other related services; enabling persons with disabilities to secure, retain and advance in the open labour market; and the abrogation of the special positive measure that might have constituted the prohibition of dismissal without previous authorization of a worker with disabilities. With regard to sheltered jobs and sheltered workshops, CMKOS maintains that the official support for these measures should be provided only if they are operated for a period of two years as from the date agreed with the State Employment Service. In view of the above, the Committee asks the Government to continue providing information on the implementation of the new legislative texts in the context of a national policy to promote employment opportunities for persons with disabilities, including information on the projects providing for the special positive measures required by Article 4 of the Convention. In particular, it would appreciate receiving statistics, abstracts from studies, and other indications on the practical application of the Convention (Part V of the report form).

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information contained in the Government’s report, including information provided in reply to the previous comments. It notes with interest the substantial effort the Government has made to identify difficulties in promoting the employment of persons with disabilities, and that it has adopted a National Plan with specific measures to be taken. The Committee would appreciate continuing to receive information on the progress made in implementing the National Plan and the outcome. In particular, it would appreciate statistics, abstracts from studies, and other indications of the application of the Convention, as requested in Part V of the report form.

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

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 notes with great interest the comprehensive information provided by the Government in its detailed report on the application of the Convention. It would be grateful if the Government would supply, in its next report, additional information on the following points:

Article 5 of the Convention. The Committee notes from the report of the study group on the role and responsibility of the employer in keeping persons with disabilities in employment or giving them access to it, appended to the Government's report, that advisory bodies set up at every employment office, which include representatives of trade unions, employers and disabled persons' organizations, make comments on issues concerning employment of disabled persons. It also notes the statement in the report of the study group referred to above, according to which the effectiveness of employers' and workers' organizations' activities in matters concerning employment of disabled persons is very low. The Committee would be grateful if the Government would continue to provide information on consultation of employers' and workers' organizations, concerning the implementation of the national policy on vocational rehabilitation and employment of disabled persons, including the measures to be taken to promote cooperation and coordination between the public and private bodies engaged in vocational rehabilitation activities, making particular emphasis on the effectiveness of such consultation.

Article 8. The Committee notes that the National Plan to Reduce Negative Impact of Disablement (1993) refers to the collaboration with representatives of communities and regions. It would be grateful if in its next report the Government would describe measures that have been taken to promote the establishment and development of vocational rehabilitation and employment services for disabled persons in rural areas, in accordance with this Article.

Article 9. The Committee notes that the National Plan of 1993 referred to above contains a provision concerning measures to be taken with a view to provide specialized training to the employment service staff dealing with the placement of disabled persons. It would be grateful if the Government would describe such measures in its next report, as well as any other measures aiming at ensuring the training and availability of rehabilitation counsellors and other suitably qualified staff responsible for vocational guidance, vocational training, placement and employment of disabled persons.

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

The Committee notes with great interest the comprehensive information provided by the Government in its detailed report on the application of the Convention. It would be grateful if the Government would supply, in its next report, additional information on the following points:

Article 5 of the Convention. The Committee notes from the report of the study group on the role and responsibility of the employer in keeping persons with disabilities in employment or giving them access to it, appended to the Government's report, that advisory bodies set up at every employment office, which include representatives of trade unions, employers and disabled persons' organizations, make comments on issues concerning employment of disabled persons. It also notes the statement in the report of the study group referred to above, according to which the effectiveness of employers' and workers' organizations' activities in matters concerning employment of disabled persons is very low. The Committee would be grateful if the Government would continue to provide information on consultation of employers' and workers' organizations, concerning the implementation of the national policy on vocational rehabilitation and employment of disabled persons, including the measures to be taken to promote cooperation and coordination between the public and private bodies engaged in vocational rehabilitation activities, making particular emphasis on the effectiveness of such consultation.

Article 8. The Committee notes that the National Plan to Reduce Negative Impact of Disablement (1993) refers to the collaboration with representatives of communities and regions. It would be grateful if in its next report the Government would describe measures that have been taken to promote the establishment and development of vocational rehabilitation and employment services for disabled persons in rural areas, in accordance with this Article.

Article 9. The Committee notes that the National Plan of 1993 referred to above contains a provision concerning measures to be taken with a view to provide specialized training to the employment service staff dealing with the placement of disabled persons. It would be grateful if the Government would describe such measures in its next report, as well as any other measures aiming at ensuring the training and availability of rehabilitation counsellors and other suitably qualified staff responsible for vocational guidance, vocational training, placement and employment of disabled persons.