Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) - Chile (Ratification: 1994)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 2 to 4 of the Convention. Implementation of a national policy. Special positive measures. The Committee notes with interest the various measures adopted to promote the labour market inclusion of persons with disabilities during the period covered by the report. In particular, the Committee notes the entry into force on 1 April 2018 of Act No. 21.015 of 2017, which seeks to establish incentives for the inclusion in the world of work of persons with disabilities. The Act includes measures, among others, to reserve 1 per cent of jobs for persons with disabilities or beneficiaries of invalidity pensions in public institutions and private enterprises with 100 or more workers. The Act also prohibits any discrimination towards persons with disabilities; provides that public institutions shall give preference in competitive procedures, for equal merits, to persons with disabilities; eliminates the wage discrimination which allowed persons with mental disabilities to be paid remuneration below the level of the minimum wage; and sets at 26 the age limit for the conclusion of apprenticeship contracts with persons with disabilities with a view to preventing the use of such contracts being perpetuated. Nevertheless, the Committee notes the statistical data provided by the Government in relation to compliance with Act No. 21.015 of 2017 in public institutions and private enterprises, which reveals a low level of compliance with the Act by both public institutions and private enterprises. In this context, the Committee notes the detailed information and proposals contained in the evaluation of Act No. 21.015 carried out in June 2021 by the Ministry of Labour and Social Welfare, with the support, among others, of the National Disability Service (SENADIS). Based on the findings of the evaluation, in June 2021, the Government submitted a Bill to improve the application of Act No. 21.015 in relation to the challenges identified in its implementation, such as the requirement for employers to assess jobs and implement specific prevention measures, necessary adjustments and accessibility measures. On 5 January 2022, another Bill was submitted to the Chamber of Deputies which proposes to increase the quota for the recruitment of persons with disabilities to 4 per cent for enterprises with over 100 and up to 500 workers. The Committee also notes that the Government reports the adoption of Act No. 21.275 of 2020 amending the Labour Code to require enterprises with over 100 workers to adopt measures to facilitate the labour market inclusion of workers with disabilities. In this regard, the Government reports the training and certification by the National Disability Service (SENADIS) in 2020 of 350 human resources professionals in 232 enterprises and public institutions.

The Committee also notes that, according to information available on its website, the SENADIS provides resources and collaborates with other public and private bodies with a view to promoting the employment of persons with disabilities through two types of action, namely dependent employment and self-employment, with a view to reinforcing employment generation for persons with disabilities on the regular labour market and in productive activities in associations, and to promote the development of undertakings and businesses by persons with disabilities. The Government refers to the implementation by the National Training and Employment Service (SENCE) of various programmes to promote the employment of vulnerable persons, including persons with disabilities. Finally, the Committee notes the conclusion in 2019 of an agreement with the ILO for the implementation, through social dialogue, of training and awareness-raising measures on the rights of persons with disabilities. The Committee requests the Government to continue providing detailed and updated information on the implementation of Act No. 21.015 of 2017 and Act No. 21.275 of 2020 and on their impact. It also requests the Government to provide information on the situation regarding the Bill to amend Act No. 21.015 and the Bill envisaging an increase in the employment quota for persons with disabilities, and to provide copies once they have been adopted. If further requests the Government to continue providing detailed and updated information on the impact of the measures adopted to promote decent, freely chosen and sustainable employment opportunities for persons with disabilities, including persons with mental and intellectual disabilities, in the open labour market in both the public and private sectors.

Article 5. Consultations. The Government refers to section 64 of Act No. 20,422, which provides that the functions of the National Disability Advisory Council include: issuing opinions on the proposed national policy for persons with disabilities and measures to update the policy, and recommending criteria and procedures for the evaluation and monitoring of projects financed by the SENADIS. The Committee notes the proceedings of the meetings of the National Disability Advisory Council held between 2015 and 2020, which were provided by the Government, which covered, among other subjects, the labour market inclusion of persons with disabilities within the context of the implementation of Act No. 21.015 of 2017. The Committee requests the Government to continue providing detailed and updated information on the manner in which the representative organizations of employers and workers, as well as the representative organizations of persons with disabilities, are consulted on the implementation and periodic review of the national policy on vocational rehabilitation of persons with disabilities, including consultations held in the framework of the National Disability Advisory Council.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Articles 2–4 of the Convention. Implementation of a national policy. Special positive measures. The Government indicates in its report that, with regard to vocational rehabilitation and employment for persons with disabilities, the Government Plan 2014–18 aims to reinforce the system of employment placement for such persons and promote an inclusive approach in the regular programmes provided by the National Training and Employment Service (SENCE), the Solidarity and Social Investment Fund (FOSIS) and the Technical Cooperation Service (SERCOTEC).

The Committee notes that the National Service for Disability (SENADIS) is striving for inclusivity in the employment placement procedures proposed by the municipal labour information offices and is collaborating with the Under Secretariat of Economics to train small enterprises in the development of productive strategies that integrate persons with disabilities. Individuals with intellectual disabilities can work in protected workshops sponsored by SENADIS. Since 2012, SENADIS has rewarded entities that engage in positive actions for inclusion with the “Chilean Stamp of Inclusion”.

The Committee notes the adoption of recruitment directive No. 17 of 2014 of the Ministry of Budgetary Affairs, which establishes instructions for carrying out public recruitment which is inclusive and promotes equal opportunities in the public market. It also notes the implementation of the Más Capaz comprehensive vocational training programme, whose objectives include the training of 20,000 persons with disabilities. The Government refers to the possibility of legislative reforms to ensure equal pay for workers with or without disabilities, and also to the establishment of a 2 per cent employment quota for persons with disabilities in enterprises employing more than 50 workers. The Government emphasizes that the policies implemented do not differentiate with regard to the origin of a disability and take account of the particular features of each area.

The Committee requests the Government to continue providing information on the steps taken or contemplated to integrate persons with disabilities into the open labour market. The Committee also requests the Government to include disaggregated statistical information on the employment situation of persons with disabilities.

Article 5. Consultations. The Committee notes that Decree No. 141 has been in force since 12 May 2011, establishing standards relating to the operation of the Disability Advisory Council within the National Disability Service (SND). The Council comprises five representatives of persons with disabilities, one representative of the employers, one representative from the workers’ organizations and two representatives from private not-for-profit institutions. The Government indicates that there are also councils from civil society – autonomous entities for public participation comprising civil organizations related to the activities of the SND – which gather the opinions of organizations and individuals living with disabilities in the various regions for submission to the Disability Advisory Council for consideration. The Committee requests the Government to provide information on the operation of the Disability Advisory Council within the SND, including examples of the activities of civil society councils in relation to the matters covered by the Convention.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Implementation of a national policy. The Committee notes the Government’s report received in September 2010 which contains information on the ratification of the United Nations Convention on the Rights of Persons with Disabilities. The Government also refers to the promulgation of Act No. 20422 of 10 February 2010, which establishes standards on equal opportunities and the social inclusion of persons with disabilities. In its direct request of 2010 on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee observed the relevance of the Act as regards promoting access for persons with disabilities to employment and vocational training. In its report on Convention No. 159, the Government also added information on placing persons with disabilities in employment through the “Employment Placement Programme” (PIL), the “Employment Access Line” (LAT) and the joint programme implemented by the National Service for Disability (SENADIS) and the National Training and Employment Service (SENCE). The Committee requests the Government to continue to supply information in its next report on the results achieved through public policies and private initiatives aimed at integrating persons with disabilities into the open labour market. It requests the Government to include information on the consultations required by Article 5 of the Convention with the social partners and other organizations concerned and also statistics on the integration of persons with disabilities into the labour market, specifying, wherever possible, the nature of the disability, age, gender, occupational classification and income (Part V of the report form).

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Implementation of a national policy. The Committee notes the Government’s detailed and full report received in January 2006. With regard to its direct request of 2000, the Committee notes with interest the document on progress in the policies, programmes and action relating to disability prepared by the Ministry of Labour and Social Insurance and its related services (June 2005), and the first national study of disability in Chile (2004), which contains full information for each of the regions of the country. The Committee notes with interest the efforts made and requests the Government to continue providing information in future reports on the results achieved through public policies and private initiatives intended to achieve the integration of persons with disabilities into the open labour market.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information contained in the Government’s detailed report, including information supplied in reply to previous comments and statistics. It would appreciate continuing to receive information on the rehabilitation and training programmes available to persons with disabilities in rural and remote areas, as requested under Article 8 of the Convention.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with interest the information provided by the Government in its first two reports on the application of the Convention. It notes in particular the detailed information on the implementation of Act No. 19.284 of 5 January 1994 in the framework of a national policy for the vocational rehabilitation of persons with disabilities. It would be grateful if the Government would provide additional information in its next report on the following points:

Article 5 of the Convention. Please describe the manner in which representative employers' and workers' organizations, and representative organizations of and for persons with disabilities are consulted on the matters referred to in this Article. In this respect, please provide detailed information on the activities of the National Assistance Fund for Persons with Disabilities envisaged under Title VII of Act No. 19.284 above, and on the activities of its Council.

Article 8. Please describe the measures which have been taken or are envisaged to promote the establishment and development of vocational rehabilitation and employment services for persons with disabilities in rural areas and remote communities.

Article 9. Please indicate the measures taken to ensure the training and availability of rehabilitation counsellors and other suitably qualified staff responsible for the vocational rehabilitation and employment of persons with disabilities.

Point V of the report form. Please provide a general appreciation of the manner in which the Convention is applied, including, where they are available, statistics, extracts of reports, studies and inquiries on the matters covered by the Convention, particularly concerning areas or branches of activity or particular categories of workers with disabilities.