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

Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) - Chile (Ratification: 1994)

Articles 2 to 4 of the Convention. Implementation of a national policy. Special positive measures. The Committee notes with interest the various measures adopted to promote the labour market inclusion of persons with disabilities during the period covered by the report. In particular, the Committee notes the entry into force on 1 April 2018 of Act No. 21.015 of 2017, which seeks to establish incentives for the inclusion in the world of work of persons with disabilities. The Act includes measures, among others, to reserve 1 per cent of jobs for persons with disabilities or beneficiaries of invalidity pensions in public institutions and private enterprises with 100 or more workers. The Act also prohibits any discrimination towards persons with disabilities; provides that public institutions shall give preference in competitive procedures, for equal merits, to persons with disabilities; eliminates the wage discrimination which allowed persons with mental disabilities to be paid remuneration below the level of the minimum wage; and sets at 26 the age limit for the conclusion of apprenticeship contracts with persons with disabilities with a view to preventing the use of such contracts being perpetuated. Nevertheless, the Committee notes the statistical data provided by the Government in relation to compliance with Act No. 21.015 of 2017 in public institutions and private enterprises, which reveals a low level of compliance with the Act by both public institutions and private enterprises. In this context, the Committee notes the detailed information and proposals contained in the evaluation of Act No. 21.015 carried out in June 2021 by the Ministry of Labour and Social Welfare, with the support, among others, of the National Disability Service (SENADIS). Based on the findings of the evaluation, in June 2021, the Government submitted a Bill to improve the application of Act No. 21.015 in relation to the challenges identified in its implementation, such as the requirement for employers to assess jobs and implement specific prevention measures, necessary adjustments and accessibility measures. On 5 January 2022, another Bill was submitted to the Chamber of Deputies which proposes to increase the quota for the recruitment of persons with disabilities to 4 per cent for enterprises with over 100 and up to 500 workers. The Committee also notes that the Government reports the adoption of Act No. 21.275 of 2020 amending the Labour Code to require enterprises with over 100 workers to adopt measures to facilitate the labour market inclusion of workers with disabilities. In this regard, the Government reports the training and certification by the National Disability Service (SENADIS) in 2020 of 350 human resources professionals in 232 enterprises and public institutions.

The Committee also notes that, according to information available on its website, the SENADIS provides resources and collaborates with other public and private bodies with a view to promoting the employment of persons with disabilities through two types of action, namely dependent employment and self-employment, with a view to reinforcing employment generation for persons with disabilities on the regular labour market and in productive activities in associations, and to promote the development of undertakings and businesses by persons with disabilities. The Government refers to the implementation by the National Training and Employment Service (SENCE) of various programmes to promote the employment of vulnerable persons, including persons with disabilities. Finally, the Committee notes the conclusion in 2019 of an agreement with the ILO for the implementation, through social dialogue, of training and awareness-raising measures on the rights of persons with disabilities. The Committee requests the Government to continue providing detailed and updated information on the implementation of Act No. 21.015 of 2017 and Act No. 21.275 of 2020 and on their impact. It also requests the Government to provide information on the situation regarding the Bill to amend Act No. 21.015 and the Bill envisaging an increase in the employment quota for persons with disabilities, and to provide copies once they have been adopted. If further requests the Government to continue providing detailed and updated information on the impact of the measures adopted to promote decent, freely chosen and sustainable employment opportunities for persons with disabilities, including persons with mental and intellectual disabilities, in the open labour market in both the public and private sectors.

Article 5. Consultations. The Government refers to section 64 of Act No. 20,422, which provides that the functions of the National Disability Advisory Council include: issuing opinions on the proposed national policy for persons with disabilities and measures to update the policy, and recommending criteria and procedures for the evaluation and monitoring of projects financed by the SENADIS. The Committee notes the proceedings of the meetings of the National Disability Advisory Council held between 2015 and 2020, which were provided by the Government, which covered, among other subjects, the labour market inclusion of persons with disabilities within the context of the implementation of Act No. 21.015 of 2017. The Committee requests the Government to continue providing detailed and updated information on the manner in which the representative organizations of employers and workers, as well as the representative organizations of persons with disabilities, are consulted on the implementation and periodic review of the national policy on vocational rehabilitation of persons with disabilities, including consultations held in the framework of the National Disability Advisory Council.