Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 2 of the Convention. Implementation and review of the national policy on vocational rehabilitation and employment of persons with disabilities. The Committee notes the Government’s detailed report received in September 2009, which includes comments of the Confederation of Autonomous Trade Unions of Serbia (CATUS). In its previous direct request, the Committee noted that the drafting of the new law on employment of persons with disabilities was under way. It notes with interest that the Act on Vocational Rehabilitation and Employment of Persons with Disabilities was adopted in 2009. This Act provides a definition for persons with disabilities in line with Article 1 of the Convention. The Government indicates that social partners participated in the drafting and promotion of the new legislation. Moreover, a significant number of activities were carried out involving social partners, such as the three-day seminar organized in June 2009 by the Department of Employment within the Ministry of Economy and Regional Development in cooperation with the social partners and the ILO Office. This seminar was aimed at raising awareness on the importance of ensuring employment among persons with disabilities. The Government also indicates that more than 100 local employment councils were established in the Republic involving representatives of all relevant local structures which may contribute to a better and more significant inclusion of individuals, such as persons with disabilities, in the labour market. The Committee notes that the National Employment Service (NES) was reorganized and expanded: in 34 NES offices, 52 employees of the NES and four additional employees working in the Centre for Rehabilitation and Employment of Persons with Disabilities will exclusively work as intermediaries to enable persons with disabilities to find employment. In addition, the Committee notes that the CATUS established an Action Plan on Employment of Persons with Disabilities, which was expected to start in September 2009. The implementation of this plan is to begin in the food processing industry sector and if successful, results are achieved as regards the employment of persons with disabilities, the plan will expand to other economic sectors. Trade unions, employers’ organizations and the local self-government will be actively involved in the implementation of the plan. The Committee invites the Government to continue to supply in its next report information on the measures taken in the context of the national policy on vocational rehabilitation and employment of persons with disabilities, with specific reference to educational and training opportunities. It also invites the Government to provide information on the impact of the action plan implemented by the CATUS. Please also provide statistics, extracts of reports, studies and inquiries concerning the matters covered by the Convention (Part V of the report form).

The Committee notes that the Act on Vocational Rehabilitation and Employment of Persons with Disabilities provides for a system of workplace quotas for persons with disabilities: employers with 20–49 workers shall employ at least one person with disabilities; employers with more than 50 workers shall employ at least two persons with disabilities and subsequently, employers shall hire one person with disabilities for every 50 additional workers. Moreover, fiscal incentives are provided for employers who hire persons belonging to a group “more difficult to employ”, including persons with disabilities. 205 persons with disabilities were employed as result of fiscal incentives. The Government indicates that a number of strategic documents including the National Economic Development Strategy (2006–12), the National Employment Strategy (2005–10), the Annual National Employment Action Plan and the Strategy for Improving the Position of Persons with Disabilities, have among their priorities the implementation of specific and efficient active policy measures to promote the employment of persons with disabilities. In particular, the National Employment Action Plan for 2009 envisages measures to ensure the competitive participation of persons with disabilities in the labour market including raising awareness, promoting a more significant inclusion of persons with disabilities in active employment policy measures and strengthening the capacities of entities in charge of facilitating the employment of persons with disabilities. According to statistical data provided by the NES, 592 persons with disabilities obtained employment in 2008. The Committee requests the Government to provide information on the implementation and outcome of the ongoing reviews of the established policy on persons with disabilities.

Article 4. Effective equality of opportunity and treatment between men and women workers with disabilities and other workers. The Government indicates that one of the objectives of the Strategy for Improving the Position of Persons with Disabilities is to develop policy measures and programmes in education, employment and occupation that ensure equal employment opportunities for persons with disabilities. The Committee invites the Government to provide practical information on the impact of the measures so far adopted by the National Employment Service to ensure effective equality of opportunity and treatment both between men and women among the disabled, workers with disabilities and other workers.

Article 9. Training of staff responsible for persons with disabilities. The Government indicates that at the end of 2008 the Ministry of Economy and Regional Development sent a Training Needs Questionnaire to the relevant entities in an effort to identify the need for additional training of employees working as intermediaries for the employment of persons with disabilities and employees working in undertakings for professional rehabilitation and employment of persons with disabilities. The organization of additional training for the staff concerned will be based on the answers to the questionnaire. The Committee invites the Government to provide information in its next report on how, following the answers to the Questionnaire on Training Needs, the training of rehabilitation staff was improved.