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

Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) - Peru (Ratification: 1986)

The Committee notes the observations formulated by the Autonomous Workers’ Confederation of Peru (CATP), received on 2 September 2014, and the Government’s reply received on 2 December 2014.

Articles 2 and 3 of the Convention. Implementation of vocational rehabilitation and employment policies for persons with disabilities. The Government refers in its report to the adoption of the General Act respecting persons with disabilities (LGPCD) (Act No. 29973 of 13 December 2012) and its regulations (Supreme Decree No. 002-2014-MIMP, of 7 April 2014). The Committee notes the inclusion of minimum quotas for persons with disabilities in the fields of higher education and employment (5 per cent of students in higher education institutions, 5 per cent of all personnel in public institutions, and 3 per cent of all personnel working in private entities with over 50 workers). The Committee also notes the incentives established to promote the labour market integration of persons with disabilities through tax incentives and benefits granted in the framework of State contracts. The Government indicates that in 2013 the budgetary programme was launched under the title “Labour market inclusion of young persons with disabilities”, the achievements of which include designing an employment service for labour activation and the implementation of a pilot project for a specialized employment placement service. The programme made 110 placements in the five regions that it covered (Lima, Callao, Ayacucho, Ica and Tumbes). Moreover, between 2013 and 2014, a total of 73 persons with disabilities were trained and 46 placed through the Action Plan for the Vocational Integration and Training of Persons with Mental and Intellectual Disabilities. In addition, the National Institute of Statistics and Information Technology (INEI) carried out the first National Specialized Survey on Disability in 2012. In its observations, the CATP refers to the existence of contradictions with regard to the inspection of compliance with Act No. 29973, the difficulties involved in complying with the employment quota and the lack of a definition of certain concepts by the executive authorities. The CATP adds that, with regard to the employment quota, the authority to carry out inspections is vested in the labour inspectorate, but the power to impose penalties is exercised by the National Council for the Integration of Persons with Disabilities (CONADIS). The CATP observes that Presidential Decree No. 002-2014-MIMP does not establish a procedure for cases in which a competition for a job “which does not involve difficulties of a technical nature or a risk for the person with the disability” is declared unsuccessful. According to the CATP, Act No. 29973 does not extend the right to seek reasonable adjustments to the selection process, nor does it contain any provisions on subcontracting and contracting out services. The CATP indicates that the educational profile of persons with disabilities (26 per cent of whom either do not have any type of education or only initial level education, while 40.5 per cent have only completed primary education) and their compatibility with the jobs that are available give rise to difficulties in complying with the employment quota and, more broadly, in achieving the labour market integration of persons with disabilities. The CATP adds that the Ministry of Health has not yet issued the guide to enable health centres to assess diagnoses of disability in percentages (rather than degrees, as used to be the case). The CATP adds that the Ministry of Labour has not established the technical criteria for determining when a reasonable adjustment in the workplace involves an excessive economic burden for employers. In reply to the CATP’s observations, the Government explains that the Ministry of Labour is responsible for inspection and penalties in the private sector. The Government adds that, on 9 August 2014, the Ministry of Labour issued Ministerial Decision No. 162-2014-TR providing for the pre-publication of regulatory proposals relating to the employment quota and reasonable adjustments for persons with disabilities in the private sector, in strict compliance with the right to consultation envisaged in the LGPCD. The Committee requests the Government to provide information on the impact of the measures adopted to promote employment opportunities for persons with disabilities in the open labour market in both the public and the private sectors. The Committee requests the Government to provide information on the application of the employment quota for persons with disabilities and to facilitate the adoption of implementing regulations. The Committee also requests the Government to provide summaries of studies or evaluations of rehabilitation and employment policies and programmes for persons with disabilities and other updated indicators of the results achieved through the legislative and policy measures adopted for persons with disabilities.

Article 5. Consultation of representative organizations of employers and workers. The Committee notes that the LGPCD and its regulations recognize the right of persons with disabilities to be consulted. The Committee requests the Government to provide information on the consultation of representative organizations of employers and workers, as required by the Convention.

Article 8. Services in rural areas and remote communities. The Committee once again requests the Government to provide information on the measures planned for the establishment and development of vocational rehabilitation and employment services for persons with disabilities in rural areas and remote communities.

Article 9. Training of qualified staff. The Committee once again requests the Government to provide information on the training of suitably qualified staff for the vocational guidance, vocational training, placement and employment of persons with disabilities.

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