Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) - Uruguay (Ratification: 1988)

Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Articles 1, 2 and 3 of the Convention. Implementation of a national policy. The Committee observes that in its previous comment, it requested the Government to continue to provide quantitative information on the results achieved by PROCLADIS and the goals of its strategic plan for 2010-2015; on the impact that Act No. 18.651 of 2010 on the comprehensive protection of persons with disabilities and Act No. 19.121 of 2013 issuing the Regulations of Service of the Public Service had on the labour integration of workers with disabilities in the private and public sectors, and to provide information on the participation of the social partners in the development and implementation of a national policy on vocational rehabilitation and the employment of persons with disabilities. The Committee notes with regret that the Government has not responded to this request and again requests that the Government provide the above-mentioned information on the manner in which the labour integration of workers with disabilities has been ensured in practice, as a result of the adoption of the Acts cited above, and to indicate how the representative organizations of employers and workers, and organizations constituted by persons with disabilities, participate in the implementation of the national policy on the vocational rehabilitation and employment of persons with disabilities. The Committee also requests the Government to provide information on the measures that have been adopted to promote cooperation and coordination between the public and private bodies that participated in vocational rehabilitation activities.

Articles 6, 7, 8 and 9. Adoption of measures at the national level. The Committee notes with interest the information provided by the Government regarding Act No. 18.651 of 2010 establishing the requirement for public entities to employ persons with disabilities in a proportion not less than 4 per cent of vacancies. The same regulation establishes that the National Civil Service Office receives information on the number of vacancies available and the number of persons with disabilities recruited, detailing the job occupied and the disability, and communicates such information annually, together with a list of the bodies failing to comply with the fixed quota. The Committee also notes with interest the information provided by the Government on a range of new measures approved for the private sector. These measures include Act No. 19.691 of 29 October 2018, on promoting employment for persons with disabilities in the private sector; Act No. 19.924 of 18 December 2020, on the national registry of persons with disabilities, and Act No. 19.973 of 13 August 2021, on regulating active employment policies aimed at promoting access to paid employment for young persons aged between 15 and 29 years, workers aged over 45 years and persons with disabilities. Act No. 19.691 establishes a progressive quota, currently set at 4 per cent of recruitment of workers with disabilities for all employers covered by the regulations and arranges for a system of work operatives who coach the worker with disabilities and the work team to provide support until the worker is able to function autonomously. Similarly, Act No. 19.691 also establishes the National Commission for Labour Inclusion, composed of trade union, social and employer organizations and public bodies working on disability issues, and sets out a system of incentives for employers and the workers recruited. However, the Committee observes that the information provided does not include data on the impact and results of the implementation of Act No. 19.691. The Commission notes in this regard that the Human Rights Committee, in its concluding observations of 3 October 2022, expresses concern that the 4 per cent quota for workers with disabilities has not been reached and that only 0.4 per cent of hires in the public administration were of persons with disabilities in 2020 and, consequently, the Committee urges the Government to redouble its efforts (CCPR/C/URY/CO/6, paragraph 8(b)). The Committee also notes that the Committee on the Rights of Persons with Disabilities, in its concluding observations of 30 September 2016, expresses concern at the high levels of unemployment among persons with disabilities and that the civil service employment quota for persons with disabilities has not been met, and at the lack of information on jobs and the wage structure for persons with disabilities in the private sector. The Committee recommends the implementation of specific strategies to increase the employability of unemployed persons with disabilities. It also recommends the collection of data on employability in the private sector in the open labour market (CRPD/C/URY/CO/1, paragraphs 57 and 58). Consequently, the Committee requests the Government to provide detailed information, including statistical information, on both the private and public sector, on the impact and results of the implementation of the Acts on access to employment for workers with disabilities as well as on the rate of compliance or non-compliance by the public and private entities, and the penalties imposed.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Articles 1, 2 and 3 of the Convention. Implementation of a national policy. In reply to the previous comments, in August 2014, the Government provided detailed information on the implementation of the Vocational Training Programme for Persons with Disabilities (PROCLADIS) during the period 2009–13 and the Programme’s strategic plan for 2010–15. The Government indicates that during the period 2009–13, the National Institute for Vocational Training and Employment (INEFOP) provided a total of 55 vocational training courses under PROCLADIS that were attended by 736 persons. The Committee notes that 30 per cent of those who received training during that period entered the labour market, meeting the goal that was set in the Programme’s strategic plan for 2010–15. The Government also provided data from the Social Insurance Bank that show that 71 per cent of a total of 1,601 persons who received training between 1999 and 2012 entered the labour market and that 30 per cent of such placements were administered by PROCLADIS. The Committee notes that the main goals of the Programme’s strategic plan for 2010–15 include increasing courses by 20 to 30 per cent, training between 4 and 5 per cent of the working-age population, and signing one agreement per year with enterprises and/or unions to help persons with disabilities enter the labour market. The Committee also notes with interest the enactment in February 2010 of Act No. 18651 on the comprehensive protection of persons with disabilities, which states that “occupational and vocational guidance and rehabilitation shall be provided to all persons with disabilities according to their vocation, possibilities and needs, and efforts shall be made to facilitate their exercise of a remunerative activity”. Moreover, with regard to the participation of persons with disabilities in the public service, the Government reports that a new Regulations of Service of the Public Service (Act No. 19121 of 2013) has been enacted, which establishes that “in access to the public service and administrative careers, there shall be no discrimination based on gender, disability, membership to a minority or any other type, without prejudice to the necessary requirements of the service and specific affirmative action measures”. The Committee invites the Government to continue providing quantitative information on the results achieved by PROCLADIS and the goals of its strategic plan for 2010–15. Please also provide information on the impact that Acts Nos 18651 and 19121 have had on the labour market integration of workers with disabilities in the private and public sectors. Please also include information on the participation of the social partners in the development and implementation of a national policy on vocational rehabilitation and the employment of persons with disabilities.

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

Articles 1, 2 and 3 of the Convention. Implementation of a national policy. Consultation of representative organizations of employers and workers. The Committee notes the Government’s report received in August 2009, in which it provides information on the Vocational Training Programme for Persons with Disabilities (PROCLADIS), a decentralized programme established by the National Institute for Vocational Training and Employment, and the action undertaken such as the mainstreaming of the programme through exploratory job search activities and courses combined with programmes for young persons, women and rural workers; the strengthening of the programme’s focus on territorial development; the signing of agreements between PROCLADIS and educational institutions; and awareness-raising activities. The Committee also notes the participation of the social partners in the analysis of the labour market, the development of employment profiles and the promotion of corporate social responsibility, which resulted in the identification of 72 jobs for workers with disabilities. The support given to companies under PROCLADIS has been strengthened with the participation of the Inter-Union Assembly of Workers–National Convention of Workers (PIT–CNT). The Government also mentions as one of the initiatives taken in the context of PROCLADIS the promotion of productive undertakings involving persons with disabilities. These undertakings fall into the category of “social cooperative”, and a legislative initiative on protected productive workshops. The Committee requests the Government to provide information in its next report on the results achieved by the measures implemented under PROCLADIS and other relevant information on the participation of persons with disabilities in the open labour market. Please also include information on the recruitment and promotion of persons with disabilities in the public service.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Articles 1, 2 and 3 of the Convention. Application of a national policy. Consultation of representative organizations of employers and workers. The Committee notes the Government’s report received in September 2006 and the indications provided in relation to the direct request of 2004. According to the information provided, the Programme of Vocational Training for Persons with Disabilities (PROCLADIS) has been experiencing difficulty in fulfilling its mission and that proposal was made to the National Employment Board in May 2006 for the reformulation of PROCLADIS. The Committee requests the Government to provide information in its next report on the operation of PROCLADIS in the context of a national policy for the vocational rehabilitation and employment of all categories of persons with disabilities. Please also provide information on the number of persons with disabilities who have been recruited and obtained promotion in the public service, extracts of the annual report that is sent to Parliament on the implementation of the provisions giving effect to Act No. 16095 and data on the participation of persons with disabilities in the open labour market. The Committee would also like to be provided with more detailed information on the consultations required by Article 5 of the Convention, both in the context of PROCLADIS and in relation to the formulation and implementation of a national policy on vocational rehabilitation and employment of persons with disabilities.

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

1. The Committee notes the report sent by the Government in August 2004 containing detailed information on the Programme of vocational training for disabled persons (PROCLADIS), for which persons aged 16-39 are eligible. The Committee refers to its previous direct request and asks the Government to indicate the other measures adopted for formulating, implementing and periodically reviewing a national policy on vocational rehabilitation and employment for "all categories" of disabled persons as required by Articles 1, 2 and 3 of the Convention. Please state the recent measures which have been adopted under Act No. 16095 of 1989.

2. Consultation of representative organizations of employers and workers. The Committee notes that as from July 2002 the Coordination Unit of PROCLADIS was supplemented with the representation of the other two social sectors of the National Employment Council, one employers’ representative and one workers’ representative. The Committee once again asks the Government to describe in detail the consultations held with employers’ and workers’ representatives for implementing a national policy on the matters covered by Article 5 of the Convention.

[The Government is asked to reply in detail to the present comments in 2006.]

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

The Committee notes the information contained in the Government’s report, in particular in reply to previous comments.

Article 5 of the Convention.  The Government states that the National Honorary Committee of the Disabled, the main body responsible for policies concerning the disabled, does not have worker or employer representatives. However, workers’ and employers’ organizations are included in the Programme to promote access to and creation of employment for people with disabilities (PCILPD). The Committee would appreciate being kept informed of progress made in ensuring that workers’ and employers’ organizations are consulted on all policies and programmes relating to rehabilitation and employment of persons with disabilities.

The Committee also notes that the PCILPD, which seems to be the main policy for employment for disabled people, targets people who are 16-39 years of age. Please provide further information on what other programmes exist for older disabled people who are still able to work.

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 the information supplied by the Government in reply to its earlier comments. It notes, in particular, the adoption of Act No. 16.320 of 1 November 1992 which provides for the establishment of the National Employment Directorate, within the framework of the Ministry of Labour and Social Security, entrusted with the employment policy and vocational guidance questions. The Government indicates that the general vocational guidance service of the National Employment Directorate contemplates, inter alia, the needs of disabled persons. The Committee also notes the information concerning the functions of the National Honorary Committee of the Disabled, in particular as regards the implementation of the national policy on vocational rehabilitation and social integration of disabled persons. It further notes the Government's statement to the effect that, taking into account the size of the country, various services for disabled persons are provided at the national level. The Committee would be grateful if the Government would supply a copy of the draft Regulations for the application of Act No. 16.095 referred to in the report and provide, in its next report, additional information on the following points:

Article 5 of the Convention. The Government indicates in its report that, in spite of the fact that Act No. 16.095 does not provide for the inclusion of employers' and workers' representatives on the National Honorary Committee of the Disabled, the organizations of employers and workers have been consulted. With reference to its previous comments, the Committee reiterates its request to the Government to describe consultations with representatives of employers' and workers' organizations on the implementation of the national policy on vocational rehabilitation and employment of disabled persons.

Article 9. In its previous comments the Committee noted from the Government's report that the implementation of the project elaborated by the Ministry of Labour and Social Security with the assistance of the ILO would make it possible to take concrete measures in order to give effect to this Article. The Government continues to refer to the above-mentioned project in its latest report, stating that the issues concerned fall within the competence of several public entities. The Committee therefore reiterates its hope that the Government will not fail to provide, in its next report, information on measures taken under section 16(H) of Act No. 16.095 to ensure the availability of suitably qualified vocational rehabilitation staff, as provided for in this Article.

Part V of the report form. The Committee hopes that the Government will continue to provide a general appreciation of the manner in which the Convention is applied. Please supply statistical information, extracts from reports, studies and inquiries concerning the matters covered by the Convention (for example, with respect to particular areas or branches of activity or particular categories of disabled workers).

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information supplied by the Government in reply to its earlier comments. It notes, in particular, the adoption of Act No. 16.320 of 1 November 1992 which provides for the establishment of the National Employment Directorate, within the framework of the Ministry of Labour and Social Security, entrusted with the employment policy and vocational guidance questions. The Government indicates that the general vocational guidance service of the National Employment Directorate contemplates, inter alia, the needs of disabled persons. The Committee also notes the information concerning the functions of the National Honorary Committee of the Disabled, in particular as regards the implementation of the national policy on vocational rehabilitation and social integration of disabled persons. It further notes the Government's statement to the effect that, taking into account the size of the country, various services for disabled persons are provided at the national level. The Committee would be grateful if the Government would supply a copy of the draft Regulations for the application of Act No. 16.095 referred to in the report and provide, in its next report, additional information on the following points:

Article 5 of the Convention. The Government indicates in its report that, in spite of the fact that Act No. 16.095 does not provide for the inclusion of employers' and workers' representatives on the National Honorary Committee of the Disabled, the organizations of employers and workers have been consulted. With reference to its previous comments, the Commitee reiterates its request to the Government to describe consultations with representatives of employers' and workers' organizations on the implementation of the national policy on vocational rehabilitation and employment of disabled persons.

Article 9. In its previous comments the Committee noted from the Government's report that the implementation of the project elaborated by the Ministry of Labour and Social Security with the assistance of the ILO would make it possible to take concrete measures in order to give effect to this Article. The Government continues to refer to the above-mentioned project in its latest report, stating that the issues concerned fall within the competence of several public entitities. The Committee therefore reiterates its hope that the Government will not fail to provide, in its next report, information on measures taken under section 16(H) of Act No. 16.095 to ensure the availability of suitably qualified vocational rehabilitation staff, as provided for in this Article.

Point V of the report form. The Committee hopes that the Government will continue to provide a general appreciation of the manner in which the Convention is applied. Please supply statistical information, extracts from reports, studies and inquiries concerning the matters covered by the Convention (for example, with respect to particular areas or branches of activity or particular categories of disabled workers).

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the information supplied by the Government in reply to its earlier comments. It notes, in particular, that the Ministry of Labour and Social Security has elaborated, with the assistance of the ILO, a project aiming at the establishment of a vocational guidance service and the development of individual support programmes for disabled persons. The Committee would be grateful if the Government would keep the Office informed of the developments concerning the action taken as a result. It also asks the Government to provide, in its next report, information on the following points:

Article 2 of the Convention. The Committee notes the brief indications in the Government's report concerning the role being played by the National Honorary Committee of the Disabled in the implementation of Act No. 16.095 of 26 October 1989. The Committee would be grateful if the Government would supply more detailed information on the process of the implementation and periodical review of the national policy on vocational rehabilitation and employment of disabled persons, as required under this Article.

Article 5. In its previous comments the Committee noted the provisions of sections 10 and 13 of the above-mentioned Act concerning the participation of the delegates of representative organizations of disabled persons in the national and departmental honorary committees of the disabled. It asked the Government to provide particulars on practical functioning of these committees. The Committee notes that the Government's report contains some very brief indications concerning the functioning of the National Honorary Committee. It therefore reiterates its request to the Government to provide particulars on practical functioning of the departmental committees and to describe consultations with representatives of employers' and workers' organizations on the implementation of the national policy on vocational rehabilitation and employment of disabled persons.

Article 8. The Committee also reiterates its previous request to the Government to describe measures taken to promote the establishment and development of vocational rehabilitation and employment services for disabled persons in rural areas and remote communities, in accordance with this Article.

Article 9. The Committee notes the Government's statement in the report according to which the implementation of the project elaborated by the Ministry of Labour and Social Security with the assistance of the ILO referred to above would make it possible to take concrete measures in order to give effect to this Article. The Committee therefore trusts that the Government will not fail to provide, in its next report, information on measures taken under section 16(H) of Act No. 16.095 to ensure the availability of suitably qualified vocational rehabilitation staff, as provided for in this Article.

Point V of the report form. Please provide a general appreciation of the manner in which the Convention is applied, including for example statistics, extracts from reports, studies and inquiries concerning the matters covered by the Convention (for example, with respect to particular areas or branches of activity or particular categories of disabled workers).

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee has noted the Government's first report on the application of the Convention. It would be grateful if, in its next report, the Government would supply additional and more detailed information on the following points:

Article 2 of the Convention. Please indicate the manner in which the national policy on vocational rehabilitation and employment of disabled persons which is formulated in Act No. 16.095 of 26 October 1989 is implemented and periodically reviewed.

Article 5. The Committee has noted the provisions of sections 10 and 13 of the above-mentioned Act concerning the participation of the delegates of representative organisations of disabled persons in the national and departmental honorary committees of the disabled. It would be grateful if the Government would provide particulars on practical functioning of these committees. Please also describe the manner in which representative employers' and workers' organisations are consulted on the implementation of the national policy on vocational rehabilitation and employment of disabled persons, as required under this Article.

Article 8. Please describe measures taken to promote the establishment and development of vocational rehabilitation and employment services for disabled persons in rural areas and remote communities, in accordance with this Article.

Article 9. Please indicate the measures taken under section 16(H) of Act No. 16.095 of 26 October 1989 to ensure the availability of suitably qualified vocational rehabilitation staff, as provided for in this Article.

Point V of the report form. Please provide a general appreciation of the manner in which the Convention is applied, including for example statistics (if available), extracts from reports, studies and inquiries concerning the matters covered by the Convention (for example, with respect to particular areas or branches of activity or particular categories of disabled workers).