Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

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

The Committee notes the observations from the Trade Union Confederation of Workers’ Commissions (CCOO) included in the Government’s report. The Committee also notes the observations of the General Union of Workers (UGT) received on 1 September 2015. The Committee takes note of the Government’s reply to the earlier observations, received on 11 November 2015.

Articles 2–7 of the Convention. Implementation of a national policy on rehabilitation and employment for persons with disabilities. The Committee recalls that in its previous comments, it requested the Government to describe its national policy on vocational rehabilitation and employment for workers with disabilities. It notes in this connection the information sent by the Government in its report on the “labour market integration for persons with disabilities” campaign for 2014 regarding the 2 per cent quota reserved for workers with disabilities and the alternative measures for the employment of persons with disabilities, such as contracts with special employment centres, donations and the establishment of employment communes. The Government also provides recruitment data pertaining to persons with disabilities concerned by these different arrangements. The Government indicates that there is no institution in which the social partners and organizations representing the disability sector are represented. However, the representative organizations of this sector may submit their proposals directly to the Ministry of Employment and Security. The same Ministry refers its regulatory proposals to the organizations representing the disability sector for their information and consideration. The Committee observes that the CCOO and the UGT assert that the majority of persons with disabilities are not employed. In 2014, the employment rate of persons with disabilities was 24.3 per cent, whereas the figure for persons without disabilities was 57.1 per cent. According to the CCOO, the results of the public policies are poor and none of the enterprises required to comply with the reservation quota do so. The CCOO asserts that there is a need to strengthen, including through collective bargaining, the programmes and incentives for the removal of barriers and physical, architectural and transport obstacles for persons with disabilities; to adapt work schedules and allow on-site work to be alternated with teleworking. Among other initiatives, the UGT proposes boosting the role of the public employment services so that they are able to meet the needs of workers with disabilities through the creation of special units, and developing coordination between the social services and the public employment services. In its reply, the Government highlights the importance of the role played by the labour inspectorate in checking that there is no discrimination in access to employment and compliance with the rules on reserving posts for persons with disabilities. The Committee requests the Government to continue to take measures to apply a national vocational rehabilitation and employment policy for workers with disabilities and to report on any effects these measures have had in terms of persons with disabilities finding employment on the open labour market. Please give examples of the manner in which the representative organizations of employers and workers and the representative organizations constituted by persons with disabilities have been consulted with a view to formulating, implementing and periodically reviewing the policy. The Committee hopes that the report will also contain up-to-date information on the occupational guidance and information services and the placement and employment services provided for persons with disabilities to enable them to secure, retain and advance in employment in the open labour market.

[The Government is asked to reply in detail to the present comments in 2017.]