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Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) - Portugal (Ratification: 1999)

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

The Committee notes the observations from the General Confederation of Portuguese Workers–National Trade Unions (CGTP–IN), which were submitted with the Government’s report.

Articles 2, 3 and 5 of the Convention. National policy on vocational rehabilitation and employment of persons with disabilities. Consultation of the social partners. The Government refers in its report to the legislative texts adopted since 2009, in particular Decree-Law No. 290/2009 of 12 October 2009, establishing the employment and skills assistance programme for persons with disabilities (PEAQPDI), approving the scheme providing technical and financial assistance for the development of employment and skills assistance policies for persons with disabilities. The Committee notes the measures put in place, including assistance in relation to skills, aid schemes for integration, retention and reintegration in the labour market, and subsidized employment. It also notes the statistics provided by the Government concerning the increase in the total number of persons with disabilities who benefited from these measures between 2010 and 2013. The CGTP–IN states that Act No. 38/2004 of 18 August 2004, concerning the prevention of disability and the integration, rehabilitation and participation of persons with disabilities responds in general terms to the principles set out in the Convention, but another law specifically defining the measures for the implementation of national policy for assisting persons with disabilities would be necessary. The legal provisions which ensure the application of fundamental principles in terms of rehabilitation are somewhat dispersed, being incorporated in more general provisions aimed at protecting persons with disabilities or at recognizing certain rights for them. The CGTP–IN also states that the representative organizations of workers and employers were not consulted on the measures to be taken to promote cooperation between public and private institutions concerned with vocational rehabilitation, or on their implementation, as required by Article 5 of the Convention, and that the difficulties faced by persons with disabilities have worsened since 2011 in the wake of the measures taken as part of the economic and financial adjustment programme. The Committee requests the Government to specify the measures taken in consultation with the social partners and the representative organizations of and for persons with disabilities to ensure that vocational rehabilitation measures benefit all categories of persons with disabilities. The Committee also requests the Government to indicate the impact of measures taken to promote employment opportunities for persons with disabilities in the open labour market.

Articles 7 and 8. Services for persons with disabilities, particularly in rural areas and remote communities. The CGTP–IN indicates that, even though there are specialist training and education establishments in the public, private and cooperative sectors, they are insufficient in number and not always easily accessible, particularly for the most disadvantaged sections of the population. The implementation of policies for the rehabilitation and integration of persons with disabilities is even more limited in non-urban areas. The Committee requests the Government to provide an appraisal of vocational guidance, vocational training, placement, employment and other related services to enable persons with disabilities to secure, retain and advance in employment, and provide information on vocational rehabilitation and employment services for persons with disabilities in rural areas and remote communities.

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.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

1. The Committee notes the Government’s first report on the application of the Convention which contains detailed information on the national policy concerning vocational rehabilitation and employment of disabled persons. It requests the Government to give details in its forthcoming reports on the results obtained by implementation of the various measures (Article 2 of the Convention).

2. Please also indicate the measures taken to ensure that staff suitably qualified in vocational rehabilitation are made available to disabled persons (Article 9).