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

Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) - Poland (Ratification: 2004)

The Committee notes the observations made in October 2014 by the Independent and Self-Governing Trade Union “Solidarnosc” and the Government’s reply to these observations.

Articles 3 and 4 of the Convention. Access to the open labour market of persons with disabilities. The Committee notes that the Act on vocational and social rehabilitation and the employment of persons with disabilities, in force since 2011, requires employers to make the necessary accommodations at the workplace to facilitate the work of persons with disabilities. It notes that the “Supplementary Budget Law”, adopted in 2013, provides for the allocation of subsidies to support the payment of wages for persons with disabilities. In its observations, Solidarnosc indicates that changes in the principles governing subsidies and in the calculation of the amount paid to employees with disabilities are causing problems for employers. It also indicates that, since 2009, expenditure by the State Fund for the Rehabilitation of Persons with Disabilities on salary subsidies has increased, while funding for other supportive measures has been reduced. In its reply, the Government indicates that the changes in the allocation of the Fund’s resources were planned in accordance with the principle of protecting vulnerable persons in the labour market, particularly persons with a considerable degree of disability, taking into account the need to ensure them equal access to employment in the open labour market. It indicates that, in the second quarter of 2014, the labour market participation rate of persons with disabilities of working age amounted to 27.2 per cent, their employment ratio was 22.5 per cent and their unemployment rate was 17.4 per cent. The Committee also notes the 2011 amendments to the Act on the civil service intended to enhance the employment of workers with disabilities in the public sector. It notes the special programmes, supported by the European Union, aimed at stimulating the vocational rehabilitation of persons with rare or multiple disabilities. The Committee requests the Government to provide information on the outcomes of the measures adopted to promote the reintegration of persons with disabilities into the open labour market. Please also indicate how representative employers’ and workers’ organizations are consulted on changes in the allocation of funds and on the implementation of these measures.

Article 7. Employment services accessible to persons with disabilities. Solidarnosc indicates that the Act on Employment Promotion and Labour Market Institutions, as amended in May 2014, does not pay due attention to the situation of persons with disabilities. It observes that the Activation and Integration Programme envisaged by the Act does not cover persons with disabilities who are not covered by social welfare benefits. In its reply, the Government indicates that persons with disabilities registered as unemployed in labour offices benefit from all the services and labour market measures specified in the Act. The Committee requests the Government to indicate the services available to persons with disabilities to help them secure, retain and advance in employment.