Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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

The Committee notes the observations of the Trade Union Confederation of Workers’ Commissions (CCOO) and of the General Union of Workers (UGT), received on 11 and 17 August 2017 respectively. The Committee also notes the Government’s reply to earlier observations included in its report.

Articles 2 to 7 of the Convention. Implementation of a national policy on vocational rehabilitation and employment of persons with disabilities. Consultations. The Committee notes the Government’s indication in its report that the measures relating to the employment system for persons with disabilities indicated in its last report are still in force. The Government refers to three types of measures in particular: integration measures for persons with disabilities (such as vocational guidance and individual support provided by specialized employment personnel); measures for the transition from sheltered to normal employment (special contracts known as enclaves laborales); and alternative measures for the employment of persons with disabilities (special employment centres). The Committee also notes the updated statistical information provided by the Government on the hiring of persons with disabilities. The UGT and the CCOO reiterate in their observations that the participation of persons with disabilities in the labour market remains very low. According to data from the National Institute of Statistics (INE), 66 per cent of persons with disabilities were inactive, in 2015, the employment rate for persons with disabilities was 23.4 per cent and the unemployment rate was 31 per cent. The CCOO reiterates that the results of public policies are insufficient and that the enterprises that are required to do so do not comply with the 2 per cent quota for workers with disabilities due to the absence of effective compliance measures. The UGT and the CCOO therefore propose, among other initiatives, strengthening the role of the public employment services and the regulation and adoption of reasonable adaptations which must be adopted by enterprises which hire persons with disabilities. The UGT and CCOO also report the difficulties related to vocational rehabilitation and that, essentially, those who become disabled do not remain in employment. Regarding the participation of the social partners in the policies adopted with a view to promoting the access to employment of persons with disabilities, the workers’ organizations indicate that there is no dialogue, participation or consultation with the social partners on these policies. Furthermore, the CCOO emphasizes the absence of permanent forums for the participation of the social partners. In its reply, the Government refers to the Spanish Committee of Representatives of Persons with Disabilities (CERMI), which participates, as a representative of persons with disabilities, in a dialogue with public administrations on the subject of public policies which are likely to affect persons with disabilities. Furthermore, this Committee meets various stakeholders, including the social partners. The Government also refers to the establishment for the period 2017–20 of the Social Inclusion Network (RIS), financed and promoted by the European Social Fund, as a forum for exchange and social dialogue between public administrations and the social partners with the aim of improving social inclusion policies for persons with disabilities, and particularly labour market integration. The Committee requests the Government to continue taking measures for the effective application of a national vocational rehabilitation and employment policy for workers with disabilities and to provide detailed information, including statistics disaggregated by gender and age, on the impact of such measures on the access to the labour market of persons with disabilities. The Committee also once again requests the Government to provide practical examples of the manner in which the representative organizations of employers and workers and the representative organizations of persons with disabilities have been consulted with a view to formulating, implementing and reviewing the policy. The Committee also once again requests the Government to provide detailed information on the occupational guidance, vocational training, placement and employment services provided for persons with disabilities to enable them to secure, retain and advance in employment.