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

Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) - Malta (Ratification: 1988)

Articles 2, 3 and 7 of the Convention. Vocational rehabilitation and employment policies for persons with disabilities. The Committee notes the information provided by the Government in its report concerning the measures implemented by the Employment and Training Corporation (Jobsplus) through the Inclusive Employment Services Division to promote access to the open labour market for persons with disabilities. The Government refers to the implementation of the Access to Employment Scheme, which provides a subsidy of €125 per week for a maximum of 156 weeks to employers who engage persons with disabilities. The Scheme enhances opportunities for persons with disabilities to access the labour market and gain work experience, bridging the gap between labour market supply and demand, and increasing social cohesion. The Government also refers to the Bridging the Gap Scheme, which provides support to persons with disabilities and other people in disadvantaged situations, to assist them in transitioning from unemployment to employment. The scheme allows employers to evaluate the performance of persons with disabilities in the workplace, prior to their formal engagement. Jobsplus provides workers with disabilities with support and a weekly allowance of 80 per cent of the minimum wage. Employers participating in this scheme are also exempted from paying social security contributions, wages and sick leave benefits. In addition, the Government refers to the Sheltered Employment Training (SET) programme, a one year programme that provides hands-on training in different tasks to persons with disabilities to enhance their soft skills and promote their employability. The objective of SET is to offer a simulated working environment to assist beneficiaries in moving towards sheltered employment and possibly into regular employment. In addition, a Job Bridge Training Centre was established, which offers training to disadvantaged groups, including persons with disabilities, and assists them to acquire pre-employment skills to support them in adapting to labour market changes and requirements. Finally, the Committee notes the establishment of a 2 per cent employment quota for persons with disabilities in enterprises employing more than 20 workers. Employers that have not attained this statutory employment quota are requested to make an annual contribution calculated on the basis of the shortfalls. Employers who employ persons with disabilities are exempt from social security contributions for these workers and may also be eligible for a fiscal incentive equivalent to 25 per cent of the person’s basic wage up to a maximum of €4,500 for each person. Nevertheless, the Committee notes that, according to the Employment and Training Corporation Strategic Plan 2016–18, the employment quota of persons with disabilities is being resisted by employers. In particular, fines and penalties imposed on employers that have not complied with the statutory employment quota are not high enough to deter violations. To address this issue, the Strategic Plan calls for the review of the Employment and Training Services Act, which establishes the roles, functions and competencies of Jobsplus. The Committee requests the Government to provide information on the impact of the measures adopted to promote employment of persons with disabilities in the open labour market. It also requests the Government to provide information on the status of the reviewing of the Employment and Training Services Act, with a view to achieving the statutory 2 per cent employment quota for persons with disabilities, and to send a copy once the amended Act is adopted. Furthermore, the Committee requests the Government to provide statistics and relevant data, disaggregated as much as possible by age, sex and the nature of the disability, extracts from reports, studies and inquiries concerning the matters covered by the Convention, including information on compliance with the quota system for employing persons with disabilities.

Article 4. Equality of opportunities and treatment. Legislation. The Committee notes that the Equal Opportunities (Persons with Disability) Act, 2000, prohibits discrimination on the ground of disability under section 7(1) with regard to: (a) procedures relative to application for employment; (b) the hiring, promotion or dismissal of employees; (c) employee compensation; (d) job training; (e) and any other terms, conditions and privileges related to employment. According to paragraph 2(d) of the cited section, an employee’s failure to provide reasonable accommodation for a person with disability would be considered discriminatory, unless the employer can prove that the required accommodation would unduly prejudice the operation of his or her trade or business pursuant to the criteria established under paragraph 4. Furthermore, paragraph 5 provides that reasonable accommodation may include, among other things, adapting existing facilities used by employees to make them readily accessible to and usable by persons with disabilities; as well as restructuring jobs, and instituting part-time and modified work schedules. The Committee requests the Government to provide information on the implementation of the Equal Opportunities (Persons with Disability) Act, 2000, with regard to the promotion of effective equality of opportunity and treatment between workers with disabilities and other workers, including on the provision of reasonable accommodation.

Article 5. Consultations. The Committee notes with interest that representatives of the National Commission for Persons with Disabilities and workers’ and employers’ organizations participate in the Board of the Employment and Training Corporation (Jobsplus). It further notes that the draft of the Malta National Disability Strategy, which includes employment and education measures, was published and public consultations were held in 2016. The Committee requests the Government to provide detailed information on the content and outcome of the consultations held within the Board of the Employment and Training Corporation (Jobsplus) on the implementation of a vocational rehabilitation and employment policy for persons with disabilities. The Government is also requested to indicate the results of the consultations held in relation to the Malta National Disability Strategy.

Article 9. Training of suitably qualified staff. The Government indicates that the employment advisors of the Inclusive Employment Services Division work in close collaboration with other specialized organizations to offer individual career counselling and additional related services to persons with disabilities. In this respect, the Government refers to the Lino Spiteri Foundation (LSF), a social purpose foundation established to encourage companies to create better employment opportunities for persons with disabilities. The LSF is aimed at bridging the gap between companies and individuals, and creating employment through providing initial registration, career advisory and job search assistance to persons with disabilities. The Committee requests the Government to provide updated information on the measures taken or envisaged to ensure the availability of suitably qualified staff responsible for the vocational guidance, vocational training, placement and employment of persons with disabilities.