Solicitud directa (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre la readaptación profesional y el empleo (personas inválidas), 1983 (núm. 159) - Uruguay (Ratificación : 1988)

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.