Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) - Iceland (Ratification: 1990)

Individual Case (CAS) - Discussion: 2013, Publication: 102nd ILC session (2013)



A Government representative gave a brief description of the two main legislative instruments that implemented the Convention, that is the Disabled Persons Act that took effect on 1 January 2011 and aimed to guarantee people with disabilities equality and quality of life comparable to that of other citizens, and Act No. 60/2012 on Employment-Related Vocational Rehabilitation and the Operation of Vocational Rehabilitation Funds, which was adopted on 12 June 2012 with a view to ensuring that individuals with reduced working capacity had access to vocational rehabilitation and that as many people as possible remained active in the labour market. Under section 4 of the Act, all wage-earners and employers or self-employed individuals aged 16–70 were guaranteed the right to vocational rehabilitation through the payment of a premium to a vocational rehabilitation fund. The speaker emphasized the importance of social dialogue and tripartite commitment in the preparation of the Act as its origins went back to the collective agreements of 2008 which included provisions on the development of new rehabilitation arrangements designed to provide remedies for workers who fell ill for long periods or suffered accidents resulting in a reduction of their working capacity. The social partners had also reached an agreement on the imposition of a special premium on employers as from 1 June 2008 to be paid to a special fund operated for this purpose. The fund was established by the social partners on 19 May 2008 to give effect to the provisions of the collective agreement. The Government subsequently announced that legislative provisions would be made for the imposition of a new wage-based fee of 0.13 per cent on employers as well as a corresponding contribution by the pension funds and the State Treasury to allow for an equal three-way division of the costs of the Vocational Rehabilitation Fund (VIRK). This legislation had now been passed and work was under way on the details of the system in practice.

The Worker members referred to the general economic context and, in particular, the results achieved from measures taken to emerge from the crisis. Despite that context, Iceland had an ambitious employment policy for persons with disabilities, with the general aim of guaranteeing them equality and the same quality of life as other citizens. The national plan that had been adopted to that end was also ambitious, as its goal was to ensure that, by the end of 2014, some 85 per cent of persons with disabilities of working age had a job. In addition, a fund for vocational rehabilitation had been set up for people who were disabled as the result of an accident or illness. Moreover, satisfaction could be drawn from the fact that all the new legislation that had been adopted on persons with disabilities was based on collective agreements that had been reached between the social partners; that policy was exemplary in that it was the epitome of tripartism.

The Employer members welcomed the possibility to address a case of progress after having examined 25 cases of non-compliance and failure to implement the provisions of ratified Conventions. They joined the Worker members in praising the Government’s steps to recover from the 2008 financial crisis, while maintaining the social dialogue which concluded in a collective agreement providing for the establishment of a vocational rehabilitation fund.

The Worker member of Iceland highlighted that the foundations of VIRK had been laid in a collective agreement reached between the social partners at the national level, which demonstrated that, when it came to matters of national interest to all workers and employers concerning the labour market, the employers’ and workers’ organizations at the national, and not the enterprise, level were best placed to identify and address important problems and opportunities. The Government had seized this opportunity and transformed the results of the collective agreement into law so that the entire labour market, employers and workers would be bound by it and could reap the results. Social dialogue, with collective bargaining at its heart, was a vehicle of progress, and presupposed strong unions and employers’ associations and Governments committed to international labour standards.

The Employer member of Iceland stated that VIRK, which had been founded by the social partners in 2008, was an excellent example of successful social dialogue and that the cooperation between the social partners had been very effective since the beginning of that process.

The Government representative thanked the Committee for highlighting recent developments in Iceland concerning the vocational rehabilitation of persons with disabilities as a case of progress and for praising the Government’s approach to economic recovery. He recalled that when the crisis hit in 2008, in one week, 90 per cent of the banking system had collapsed and, within a year, unemployment had risen from 1 to 10 per cent. The Government, however, managed to take care of disadvantaged persons, while addressing at the same time economic restructuring, which was also a good example of how social dialogue and tripartism could produce positive results. His Government fully supported the ILO supervisory system, including the work of the Committee of Experts and the Office.

The Worker members said that they had appreciated the opportunity to discuss that case in which progress had been made. That experience should be repeated in the future in order to ensure that the Committee not only examined difficult cases, but was also able to report on cases in which positive measures had been taken to improve workers’ and citizens’ lives.

The Employer members stated that they were pleased to conclude the Committee’s discussions with a case of progress, which permitted a somewhat difficult year to end on a very positive note. They hoped that the practice of including cases of progress in the Committee’s list of cases would continue for future sessions of the Conference.

Conclusions

The Committee welcomed the discussion of this case of progress and the exchange that took place on the application by Iceland of Convention No. 159. The Committee praised the Government’s ambitious approach to promote employment opportunities for persons with disabilities. This approach involved the social partners who had established the Vocational Rehabilitation Fund (VIRK) to give effect to the provisions of a collective agreement adopted at the national level in 2008.

The Committee considered this case as an example of good practice. It commended the Government for its comprehensive efforts to improve access to the labour market for persons with disabilities. The Committee invited the Government to continue to report on progress made in the implementation of the Convention.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Promotion of employment for persons with disabilities. The Committee notes the information provided by the Government in a report prepared in consultation with the Icelandic Tripartite ILO Committee and received in August 2012. It notes that the report was prepared in response to the request made by the Conference Committee in June 2012. The Committee notes with interest that the statement of objectives in the Disabled Persons Act, which took effect on 1 January 2011, defines the aim of the Act as being to guarantee persons with disabilities equality and quality of life comparable with that of other citizens and to create conditions in which they are able to live a normal life. The Government also indicates that the Programme of Action on Disabled Persons’ Affairs for 2012–14 defines measures aimed at making workplaces accessible, supporting persons with disabilities in the private sector and making the labour market more accessible to them. The aim is that 85 per cent of persons with disabilities of working age should be employed, or be involved in measures to increase their involvement, or in programmes of studies, by the end of 2014. The Committee notes with interest the adoption on 12 June 2012 of Act No. 60/2012 on Employment-Related Vocational Rehabilitation and the Operation of Vocational Rehabilitation Funds. The Government indicates that the aim of the Act is to ensure that individuals with reduced working capacity following illness or accidents will have access to vocational rehabilitation as one part of a comprehensive rehabilitation programme in which vocational rehabilitation funds and institutions operated by central and local government collaborate as far as possible and strive to define and fulfil their roles with the aim that as many people as possible are enabled to remain active in the labour market. The origins of the Act go back to the collective agreements of 2008 between the social partners, and the Vocational Rehabilitation Fund (VIRK) was established to give effect to the collective agreements, as noted in the 2010 observation. The Committee would welcome continuing to receive information on the measures adopted to promote employment opportunities for persons with disabilities. Please also include practical information, including statistics (disaggregated as much as possible by age, gender 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).

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

Promotion of employment for persons with disabilities. The Committee notes the Government’s report received in November 2010. In reply to previous comments, the Government indicates that collective agreements were concluded in 2008 to set up a vocational rehabilitation fund (VIRK) following a tripartite agreement between employers’ and workers’ organizations and the state. According to its charter, the role of the VIRK is to systematically reduce the likelihood that workers will be forced to withdraw from the labour market due to permanent disability by enabling workers with disabilities to be more active, upgrading rehabilitation and offering other services. The Committee notes with interest that the VIRK began its operations in August 2008 and, when the report was prepared, 22 counsellors were providing vocational rehabilitation services with the aim to assist the individual to continue in employment or return to employment. Close to 1,400 persons received assistance from the counsellors and the demand for their services is continuously rising. The Committee also notes the variety of employment and training measures to assist persons with disabilities which are offered by the municipalities. The Committee invites the Government to continue providing information on the measures adopted to promote employment opportunities for persons with disabilities. Please also include practical information, including statistics (disaggregated as much as possible by age, gender 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).

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

Promotion of employment for disabled persons in the private and public sectors. While the Committee has taken due note of the information provided by the Government in its report received in May 2005, it asks the Government to describe in detail the national policy on vocational rehabilitation and employment for workers with disabilities, including practical data on the achievements in promoting employment opportunities for persons with disabilities in the open labour market, as required by Articles 2, 3 and 4 of the Convention. Please also indicate 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 (Article 5).

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

The Committee has noted with interest the information provided by the Government in its first and second reports on the application of the Convention and, in particular, the adoption of the Disabled Persons Act No. 59 of 1992. It also notes the Government's statement in the second report to the effect that comparatively few disabled persons have been employed in the open labour market and that a large proportion of the disabled is employed in sheltered workshops. It would be grateful if the Government would describe, in its next report, measures taken with a view to promoting employment opportunities for disabled persons in the open labour market, in accordance with Article 3 of the Convention. Please also continue to provide information bearing on the practical application of the Convention including, for example, statistics, extracts from reports (such as reports of the Committee on the Employment of the Disabled, established under the auspices of the Ministry of Social Affairs, to which the Government refers in its 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 persons), as requested by point V of the report form. Please supply a text of the judgement of the Supreme Court in the case referred to in the first report (point IV of the report form).