Demande directe (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 159) sur la réadaptation professionnelle et l'emploi des personnes handicapées, 1983 - Türkiye (Ratification: 2000)

Autre commentaire sur C159

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The Committee notes the observations of the Confederation of Public Employees’ Trade Unions (KESK), received on 31 August 2022, as well as the response of the Government, received on 25 November 2022. It also notes the observations made by the Turkish Confederation of Employers’ Associations (TISK), communicated with the Government’s report.

Article 2 of the Convention. Implementation of a national policy for the vocational rehabilitation and employment of persons with disabilities. The Government indicates that within the framework of the National Employment Strategy and action plans (2014–24), one of the main policy pillars is increasing the employment of groups requiring a special policy. In order to achieve this objective, six areas of special focus have been set out to: (i) develop general and vocational training for persons with disabilities; (ii) raise awareness and encourage private sector employers to employ persons with disabilities; (iii) revise the National Vocational Information System, taking into account the vocational guidance needs of persons with disabilities; (iv) develop an electronic testing system, taking account of all types of disabilities; (v) develop distance learning programmes for persons with disabilities; and (vi) ensure that measures are taken to guarantee their training. The Government also states that a new temporary measure has been incorporated into Act No. 4447 concerning unemployment insurance. Under this section, private sector employers who employ personnel between 1 January 2018 and 31 December 2022, and who fulfil certain conditions are entitled to premium subsidies. Assistance is provided for 12 months for each insured person employed between 1 January 2018 and 31 December 2022. When the insured person is a man between 18 and 25 years, a woman over 18 years or a person with disabilities registered with the Turkish Employment Agency (ISKUR), the employer receives assistance for 18 months. The Government adds that measures were taken during the period in question to promote the employment of persons with disabilities in the public service, including the preparation of the document, Envisioning 2030 without Barriers (2030 Engelsiz Vizyon Belgesi). This document, finalized in 2021 with the participation of public organizations and institutions, and nongovernmental organizations working in the area of disabilities, defines the Government’s vision of an inclusive society where all people with disabilities can fulfil their potential on an equal basis. The Committee requests the Government to continue to provide recent information on the measures taken to promote the employment of persons with disabilities in both the public and private sectors, and detailed information, including statistical data disaggregated by sex, on the impact of such measures. It also requests the Government to provide detailed updated information on the number of persons with disabilities who work in sheltered employment as well as on their working conditions, including their salaries. The Committee reiterates its request to the Government to provide a copy of the National Employment Strategy (2014–24). It also requests the Government to provide information on the specific progress made regarding the document, Envisioning 2030 without Barriers, and to provide a copy of that document.

Article 3. Promoting employment opportunities for persons with disabilities. The Government indicates that a new regulation has come into force concerning sheltered workplaces. In accordance with section 3 of the regulation, these workplaces are technically and financially supported by the State, and their working environment is specially adapted for persons with disabilities. Through the regulation on sheltered workplaces, published in the Official Gazette No. 31732 of 27 January 2022, steps were taken to facilitate the opening of these sheltered workplaces. The Committee recalls that it is now widely recognized that in order to deal adequately with the issue of employment of people with disabilities, it must be mainstreamed into national employment policies; accordingly, efforts should be directed at designing and organizing easier access to the open labour market for people with disabilities. Special forms of work organization such as sheltered workshops, the enclave system and subsidized cooperatives should be limited to persons whose disability is too severe for them to be integrated in an ordinary work setting (General Survey 1998, Vocational Rehabilitation and Employment of Disabled Persons, paragraph 192). In its observations, TISK indicates that the regulation on sheltered workplaces facilitates job creation for persons with disabilities who have difficulty entering the labour market. TISK therefore considers that Turkish legislation is in conformity with the Convention. The Government also refers to the Participate in Work – Take Charge of Your Life project (İşe Katıl Hayata Atıl). This project, implemented by the Ministry of Family and Social Services (ASHB), in cooperation with the private sector, aims to encourage the employment of persons with disabilities in the open labour market by promoting the method for assisted employment. As part of the project, the sustainable employment of 897 people with disabilities in the open labour market was ensured with the support of vocational coaches. Following the good outcome of this project, the General Directorate for ISKUR decided to implement a similar project, which is under way. With regard to education, the Government indicates that the regulations on special education centres of the Ministry of Education are intended to prepare persons with disabilities for higher education, working and vocational life in line with their interests, needs, abilities and skills. The Government provides the example of the opening of the SERÇEV Anatolian vocational and technical college. In this centre, every detail of the infrastructure and information technology has been designed for children with cerebral palsy who have multiple disabilities. In the 2021–22 school year, a total of 183 students with disabilities received training in 18 branches of activity and 27 sub-branches. Through this training, the students have the opportunity of finding work in a sector with their certificate from the Anatolian vocational and technical college, and to pursue further education if they wish. The Committee notes the information provided by the Government concerning the subsidies granted to persons with disabilities who wish to become independent. The Committee notes with interest that these projects are for the most part financed by the administrative fines imposed for failure to comply with the obligation to employ persons with disabilities, in accordance with section 30 of the Labour Act No. 4857. Since 2014, 3,313 independence projects have been established. In response to the Committee’s previous request concerning accessibility of workplaces to persons with disabilities, the Government indicates that 2020 was declared the Year of Accessibility for all institutions and organizations to carry out their accessibility adaptations in order to accelerate the implementation of the special measures taken to ensure physical, digital and psychological safety in this area, and to create a culture based on accessibility. In addition, the Government adds that an accessibility certificate is issued for public buildings, green spaces and public transport vehicles that meet the accessibility criteria, and a penalty is imposed in cases of non-compliance with accessibility obligations. The accessibility assessment module (ERDEM) has been implemented to identify technical needs, provide guidance on the measures to be taken, and encourage the award of an accessibility certificate. The Government also indicates that, in March 2022, 127,671 persons with disabilities were employed, representing only 2.5 per cent of the economically active population. Of these people, 106,304 worked in the private sector and 21,367 in the public sector. With regard to the rates at which the quotas for persons with disabilities are filled, under section 30 of Labour Act No. 4857, there is a discrepancy between the Government’s report and the KESK’s observation. The Committee requests the Government to provide data disaggregated by age, sex and nature of the disability, concerning the rates at which the quotas for persons with disabilities are filled, as well as the rate of employment of persons with disabilities. The Committee also requests the Government to provide information on the provisions promoting the creation of cooperatives by and for persons with disabilities. It further requests the Government to continue to indicate the measures taken to ensure that persons with disabilities are effectively hired in the public and private sectors.

Article 4. Equality of opportunities and treatment. The Committee notes with concern that despite a slight rise (from 23 per cent to 27 per cent), women with disabilities remain clearly under-represented in the public service when compared with men in the same situation. The Government notes, however, that since 2012, individual interviews are conducted between vocational coaches and women with disabilities. Between January and April 2022, 14,262 such interviews were held. The Committee once again recalls that when women with disabilities work, they often experience unequal hiring and promotion standards, unequal access to training and retraining, unequal access to credit and other productive resources, unequal pay for equal work and occupational segregation, and they rarely participate in economic decision-making (General Survey 1998, Vocational Rehabilitation and Employment of Disabled Persons, paragraph 116). Therefore, noting a significant disparity between the employment of women and men with disabilities in the public service, the Committee reiterates its request to the Government to provide updated information on the measures envisaged or taken regarding the vocational rehabilitation and training of women in order to help them compete in the labour market.

Article 5. Consultation with the social partners. The Government indicates that the National Employment Strategy was prepared in collaboration with all stakeholders in economic activities. It adds that this strategy is implemented through periodic action plans. The national council for the follow-up and evaluation of the National Employment Strategy examines the implementation of these action plans with the participation of the social partners and representatives of the main organizations of persons with disabilities. The Committee requests the Government to provide detailed and updated information on the manner in which the social partners and the organizations of persons with disabilities are consulted during the design, implementation, follow-up and revision of laws, policies and other measures taken to promote employment and decent work for women and men with disabilities in order to ensure equality of opportunities and treatment, as provided for in Article 4 of the Convention.