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Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) - Croatia (RATIFICATION: 1991)

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The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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Articles 2–4 of the Convention. Promotion of employment for workers with disabilities in the private and public sectors. Application in practice. The Committee notes the Government’s comprehensive report, including the statistical data provided. It notes with interest the various measures taken by the Government to promote full inclusion and equality of persons with disabilities in employment. These measures include the new Act on vocational rehabilitation and employment of persons with disabilities adopted in 2013 and amended in 2014, as well as the Act’s accompanying Regulations. These measures created the Institute for Disability Certification, Vocational Rehabilitation and Employment of Persons with Disabilities (ZOSI), which consists of three sectors: assessments; vocational rehabilitation; and the employment of persons with disabilities. In addition, the Act and its Regulations establish service standards for vocational rehabilitation and determine a fee schedule for vocational rehabilitation services for 2015–16. The Government indicates that the Act provides a new model of vocational rehabilitation that takes into consideration all of the provisions of the Convention, as well as the UN Convention on the Rights of Persons with Disabilities, 2006. It adds that the new legislation provides a common definition of persons with disabilities, establishes a quota obligation for employers in relation to the employment of persons with disabilities, introduces a register of employed persons with disabilities, provides for benefits and incentives for the employment of persons with disabilities and establishes a supervisory body and penalty provisions. The Committee further notes the Government’s indication that public consultations on the draft of the National Strategy for Equalization of Opportunities for Persons with Disabilities 2016–20 were coming to a close and that the final text of the strategy would thereafter be submitted to the Parliament for adoption. In its previous comments, the Committee requested the Government to continue to provide information on the results of measures taken in relation to promoting employment for persons with disabilities in the open labour market. The Government indicates that, in accordance with the new Act on vocational rehabilitation and employment of persons with disabilities, the Croatian Employment Service (CES) determines the nature and extent of professional rehabilitation services to be provided to a person with a disability. The Committee notes that the Act promotes the employment of persons with disabilities on the open labour market, permitting employment in sheltered workshops only under special conditions. The quota obligation for the employment of persons with disabilities (3 per cent) has been expanded to apply not only to public employers, but also to private employers with more than 20 employees. The Regulation on incentives for the employment of persons with disabilities adopted in 2015 makes available a series of incentives for employers who hire persons with disabilities on the open labour market and in sheltered workshops, which include salary subsidies and co-financing of the costs of necessary workplace adjustments. The Government promotes the employment of persons with disabilities on the open labour market through active labour market policy interventions set out in the Guidelines for the Development and Implementation of Active Labour Market Policy in the Republic of Croatia for 2015–17. These interventions seek to increase the employment rates of people with disabilities, improve the competitiveness of employers, increase the professional, geographical and educational mobility of the labour force and ensure a good match between demand and supply in the labour market. The Government also highlights the Employer of the Year for Persons with Disabilities Award, which it introduced in support of the creation of new jobs for persons with disabilities. The Committee further notes the statistics provided by the Government, which reflect a substantial increase in the number of persons with disabilities hired annually, rising from 1,034 persons in 2005 to 2,613 persons in 2015. Moreover, 1,485 persons with disabilities were hired as of 30 June 2016. The Committee requests the Government to provide updated information on the outcome of the measures taken to promote the employment of persons with disabilities on the open labour market as well as to manage employment in sheltered workshops. It also requests the Government to provide information on the actual percentage of persons with disabilities employed in the private and public sectors in comparison to the 3 per cent quota obligation. The Committee requests the Government to communicate any information on progress made with regard to adopting the new National Strategy for Equalization of Opportunities for Persons with Disabilities 2016–20 and to provide a copy as soon as it is available. It further requests the Government to provide updated statistics disaggregated by sex and age concerning the practical application of the Convention (for example, with respect to the employment and unemployment rates of persons with disabilities in particular sectors or branches of activity or of specific categories of workers with disabilities, including those residing in rural areas and remote communities).

Article 5. Consultations with the social partners. With respect to consultations with the social partners, the Government indicates that a broad working group participated in drafting the new Act on vocational rehabilitation and employment of persons with disabilities and its accompanying Regulations, including representatives of the Croatian Employers’ Association, the Croatian Union of Associations of Persons with Disabilities, various associations of persons with disabilities and the Ombudsperson’s Office, and experts in the areas of vocational rehabilitation and employment. The Government adds that a representative of the Union of persons with Disabilities sits on the ZOSI Governing Council. The Committee requests the Government to continue to provide detailed information on the consultations held with representative organizations of employers and workers and organizations of and for persons with disabilities in relation to the matters covered by the Convention.

Article 7. Vocational guidance. The Government reports that, in 2014, the CES held workshops for employers in six Croatian cities, to familiarize them with the new Act on vocational rehabilitation and employment of persons with disabilities and its accompanying Regulations. The Government adds that the CES implemented a project in 2014–15 on “Improving the access of persons with disabilities to the labour market”, which aimed to increase the employability of persons with disabilities, facilitate their access to the labour market, providing on-the-job training as well as developing entrepreneurial skills of persons with disabilities. The Committee requests the Government to continue to provide information on vocational guidance and training measures taken or envisaged to enable persons with disabilities to secure, retain and advance in employment.

Article 8. Rural areas and remote communities. The Government indicates the establishment of independent career guidance centres (LLCG Centres) to provide career guidance support to all Croatian citizens and young people who are not in education, employment or training, including persons with disabilities. It adds that 11 LLCG Centres have been established since 2013, with additional centres to be opened by 2020. The Government also indicates that the four regional Vocational Rehabilitation Centres (VRCs) envisaged under the National Strategy for the Equalization of Possibilities for Persons with Disabilities 2007–15 have been established (in Zagreb, Osijek, Rijeka and Split) and are in varying degrees of operation. The Committee notes that travel and accommodation costs for users of VRC services are covered if they reside more than 15 kilometres from the VRC, and that VRC experts may also visit persons at their residence or workplace. The Government indicates that once all four VRC centres are fully functional, additional ones will be established and the creation of branch offices and/or the provision of field teams for more remote locations will be considered. The Committee requests the Government to continue to provide information on the measures taken or envisaged to ensure the establishment of vocational rehabilitation and employment services for persons with disabilities living in rural areas and remote communities. It also requests the Government to provide information on the nature and extent of skills development services offered by the VRCs, particularly those servicing rural areas and remote communities.

Article 9. Training and availability of suitably qualified staff. The Government indicates that the CES has formed a Division for vocational rehabilitation and employment of persons with disabilities. In this context, employment counsellors for persons with disabilities are employed in all the CES regional offices. It explains that unemployed persons with disabilities are given the opportunity to participate in group counselling tailored to their abilities to support them in their job search and provide social and psychological support. The Government indicates that the CES counsellors attend specialized professional trainings, seminars, and workshops on an ongoing basis. It adds that training on “new regulations in the field of vocational rehabilitation and employment of persons with disabilities” was held in Zagreb in 2014, and was attended by 80 counsellors from all CES regional offices as well as by representatives of the Croatian Pension Insurance Institute. Another training, attended by 25 counsellors for persons with disabilities, was held in Zagreb in March 2015, to upgrade counsellors’ competencies for determining the status of persons with disabilities in light of the amendments to the Act on vocational rehabilitation and employment of persons with disabilities. The Government indicates that in 2010-11, 89 counsellors were trained in providing employment and career guidance for persons with disabilities through an EU-funded project on “fostering effective inclusion of persons with disabilities into the labour market”. Manuals were prepared for the counsellors on the labour market, as well as manuals for employers and persons with disabilities. The Government adds that VRCs are required to ensure a team of experts, who are required by law to undergo ongoing professional training to work in vocational rehabilitation. According to the legislation, the ZOSI Vocational Rehabilitation Service is also required to develop standards of training and knowledge for qualified employees and professionals of VCRs who are carrying out vocational rehabilitation activities. The Committee requests the Government to continue to provide information on the measures taken to ensure that suitably qualified vocational rehabilitation staff are made available to persons with disabilities.

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Promotion of employment for workers with disabilities in the private and public sectors. The Committee takes note of the Government’s detailed replies to its previous comments. It notes with interest the new legislative measures, adopted in 2005, to amend and implement the Act on vocational rehabilitation and employment of persons with disabilities. The new provisions tend to amend the procedure for disability evaluation, to establish employment quotas and to create a special tax for the promotion of employment of persons with disabilities, to be paid by the employer. The Government adopted, by resolution of 16 January 2003, the National Strategy of Uniform Policy for Persons with Disabilities from 2003-06. The Committee also notes the implementation of measures and training programmes for persons with disabilities by the Croatian Employment Service, as well as through the National Plan of Action for Employment. The Committee would appreciate if the Government would keep providing information on results obtained, in practice, by these measures, particularly with regard to the employment opportunities within the open labour market for persons with disabilities (Article 3 of the Convention). Please also specify whether representative organizations of employers and workers or organizations of and for persons with disabilities are consulted in relation with the matters covered by the Convention (Article 5). Please also provide statistics and extracts of reports concerning the application of the Convention (for example, with respect to particular area or branches of activities or particular categories of workers with disabilities, including those established in rural areas) (Part V of the report form).

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1. The Committee notes the Government’s report for the period ending in September 1999. It would appreciate receiving further details on the results obtained by the various measures implementing the national policy promoting the vocational rehabilitation and employment of disabled persons cited in the report, including particulars on the impact of the Companies for Employment of Disabled Persons Act in promoting employment opportunities for disabled persons in the open labour market.

2. The Committee notes the indication according to which a programme of measures for the promotion of employment of persons with disability and with reduced employability was under preparation within the framework of the Croatian Employment Office and would be launched in the second half of 1999. It would appreciate receiving details on the implementation of such programme or on any subsequent arrangements made in compliance with Article 7 of the Convention. Please specify whether representative organizations of employers and workers or organizations of and for disabled persons are consulted in this regard (Article 5). The Committee also hopes that the Government will indicate the measures taken to ensure the availability of suitably qualified vocational rehabilitation staff (Article 9) and to develop vocational rehabilitation and employment services for the disabled persons in rural areas and remote communities (Article 8).

3. Please also provide statistics, extracts of reports concerning the matters covered by the Convention (for example, with respect to particular area or branches of activities or particular categories of disabled workers) (Part V of the report form).