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

Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) - Luxembourg (Ratification: 2001)

Articles 3 and 4 of the Convention. Employment promotion for persons with disabilities. In its report, the Government indicates that it endeavours to encourage enterprises to recruit persons with disabilities through the dynamic use of employment policy instruments. The Government considers that it is necessary to continue its efforts to increase the employability of persons registered with the Employment Development Agency (ADEM) and to ensure that all the requirements are met to promote the development of persons with disabilities and to offer them interesting prospects on the employment market. In 2013, some 431 vocational integration measures to improve employability were offered to persons with disabilities seeking employment. The Committee also notes that the State has undertaken to recruit each year around 50 additional employees with disabilities in order to increase the employment rate of persons with disabilities in the public sector. The Government specifies that these 50 full-time jobs are expressed in person hours/weeks so as to ensure that the jobs made available correspond to the effective capacities of the persons with disabilities concerned, thereby making it possible to engage these persons in full-time or part-time jobs, according to their needs. According to the Government, a majority of the placements in enterprises do not result in recruitment, as the integration of persons with disabilities into the ordinary labour market is hindered in particular by personnel costs and the time required by the enterprise, as well as a lack of awareness of the problems of disability. The Committee requests the Government to continue providing information on the measures adopted to promote employment opportunities for persons with disabilities on the open labour market.

Article 5. Consultation of the social partners. The Government refers to the composition of the Higher Council for Persons with Disabilities, an advisory body under the authority of the Ministry of the Family, and its functions. The Higher Council for Persons with Disabilities is composed of 11 members, namely five representatives of persons with disabilities, four representatives of associations providing services to persons with disabilities, the Director of the National Disability Information and Meeting Centre and a department delegate for the “disabled and injured”, nominated by the responsible minister. The representative organizations of workers and employers are not represented on the Council. The Committee recalls in this respect that the Convention provides not only for the consultation of the representative organizations of and for persons with disabilities, but also the representative organizations of employers and workers. The Committee asks the Government to indicate the manner in which it is ensured that representative organizations of workers and employers are consulted on the implementation of the Convention.