Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. The Committee notes the Government’s report and the observations made by the General Confederation of Portuguese Workers (CGTP) and the General Union of Workers (UGT), provided in the annex to the report. It notes with interest that the Labour Code, approved by Act No. 99/2003, among other measures sets forth the right of persons with disabilities to equality of treatment in access to employment and work, vocational training and working conditions.

2. In its comments, the CGTP indicates that, even though the legislation contains various instruments to promote the social and vocational integration of persons with disabilities, vocational adaptation and rehabilitation are uncommon in practice, as demonstrated by the low number of persons with disabilities integrated into working life. The CGTP adds that the situation of workers with disabilities following an employment accident is particularly serious as vocational rehabilitation and reintegration measures, although provided for by the law, have never been implemented through regulations. The UGT indicates that persons with disabilities are still subject to discriminatory practices, particularly in access to the labour market. Other problems encountered by persons with disabilities include the retention of their jobs, promotion, training, protection against unjustified dismissal, workplace design and the accessibility of equipment. The Committee asks the Government to continue providing information on the measures taken in the context of the national policy on vocational rehabilitation and employment of persons with disabilities (Articles 3 and 7 of the Convention) and to provide any relevant information on the application of the Convention in practice, as provided for in Part V of the report form, including the results achieved through the measures referred to by the Government in its report, such as telework, local and specialized placement centres and the system of job quotas for persons with disabilities.