Solicitud directa (CEACR) - Adopción: 1993, Publicación: 80ª reunión CIT (1993)

Convenio sobre la readaptación profesional y el empleo (personas inválidas), 1983 (núm. 159) - Argentina (Ratificación : 1987)

I. 1. Articles 2, 3 and 6 of the Convention. The Committee notes the provisions of the National Employment Act of 1991 (Labour Law Documents 1992/2, 1991-ARG 1) relating to the application of the Convention: the Ministry of Labour and Social Security shall establish programmes to promote the employment of disabled workers. The Act envisages the promotion of sheltered production workshops, support for the work of disabled persons in the form of work at home and the promotion of the measures set out in the previous legislation. Among the new measures provided for in the National Employment Act of 1991 are "promoting the inclusion in collective agreements in the private sector of jobs reserved for the disabled" (section 86(c) of the National Employment Act). Employers who engage disabled workers on contracts of unspecified duration shall be entitled to an exemption from the payment of 50 per cent of the employers' contributions for fixed-term employment contracts as a means of promoting employment for a period of one year, irrespective of their other legal advantages (sections 87 and 46 of the National Employment Act).

The Committee notes the information attached to the Government's report from the National Directorate of Employment of the Ministry of Labour and Social Security, the National Advisory Committee for the Integration of Disabled Persons (which is a body of the National Executive Authority), the National Directorate for the Promotion of Disabled Persons of the Ministry of Health and Social Action and the National Directorate of Special Education of the Ministry of Culture and Education.

The National Advisory Committee for the Integration of Disabled Persons indicates that the pilot stage of the national census of the disabled population is currently being carried out. The National Directorate for the Promotion of Disabled Persons of the Ministry of Health and Social Action and the National Directorate of Special Education of the Ministry of Culture and Education describe the measures which have been taken or are envisaged for the vocational rehabilitation and employment of invalids.

The Committee would be grateful if the Government would describe in its next report the measures adopted within the context of the National Employment Act of 1991 in favour of disabled workers and hopes that the Government will continue to attach to its report detailed information on the results achieved by the measures taken by the various bodies concerned, coordination between these bodies and the organization and operation of the inspection services in matters covered by the Convention.

2. Please continue to supply information on the scope of the measures adopted by provincial governments, such as the Government of the Province of Río Negro (the SEPALO training programme).

II. Article 5. The Committee notes that the General Confederation of Labour, which is recognized by the Ministry of Labour and Social Security, is represented and participates actively on the Advisory Commission of the National Advisory Committee for the Integration of Disabled Persons, and that the Argentine Industrial Union has an advisory capacity. Please continue to supply information on the measures adopted in consultation with representative organizations, including those composed with disabled persons or which deal with disabled persons.

III. Article 7. With reference to its direct request of 1990, the Committee notes the information provided by the National Directorate of Employment that sheltered production workshops "operate in the context of the initiatives taken by the parents of disabled persons, with very little official support and few opportunities of finding other employment". It adds that "sheltered work groups are not a category which are particularly well-developed in our country; few examples are known, all of which are supported financially by the enterprises in which they are organized". The Committee hopes that the Government will indicate in its next report the adaptations which have been made in vocational guidance, vocational training, placement, employment and other related services to enable disabled persons to secure, retain and advance in employment.

IV. Article 8. The Committee notes that measures are taken in rural areas through the provincial bodies for the integration of disabled persons and also through rehabilitation programmes at the community level (the document sent by the National Advisory Committee for the Integration of Disabled Persons). Please describe the activities of these bodies and programmes and specify the results achieved in the promotion of the vocational rehabilitation and employment of disabled persons in rural areas and remote communities.

V. Article 9. Please specify the authority or authorites responsible for ensuring the training and availability of rehabilitation counsellors, and the measures adopted in accordance with this Article of the Convention.