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

Articles 2 and 3 of the Convention. National policy on vocational rehabilitation and employment of persons with disabilities. The Committee notes the detailed information supplied by the Government in its report received in September 2009. The Government indicates that it has adopted the “Strategy for the development of vocational rehabilitation services for persons with disabilities 2007–12”, which lays down long-term objectives for improving the legal framework for enabling persons with disabilities to benefit more from vocational rehabilitation services and for increasing the diversity and quality of services. The Government indicates that persons with disabilities have priority entitlement to assistance from local employment services, unemployment insurance benefits, jobs supported by the Employment Fund and assistance with enterprise start-ups. Law No. X-694 of 15 June 2006 concerning employment support requires the employer to cover 35 per cent of the costs of adapting the working environment for persons with disabilities and that any person with a disability supported by the local employment service shall have his or her post safeguarded for a minimum of 36 months. Employers also undertake to guarantee employment for at least three years for persons with disabilities employed in posts covered by the “Local employment initiative” project. Active employment market policy measures for persons with disabilities are financed by the Employment Fund and any employer who recruits a person with a disability qualifies for incentives such as monthly subsidies. In certain spheres persons with disabilities are also released from the payment of an operating licence for six months and pay only 50 per cent of the amount of the licence for the following six months. They are also exempt from health insurance costs and social charges and are eligible for enterprise start-up courses. More than 700 persons with disabilities are employed by non‑governmental organizations dealing with disability and these are also eligible for exemption from certain charges. The Government indicates that in 2005, 12 persons participated in the vocational rehabilitation programme given by the only specialist institution and, in 2009, 43 persons completed the programme and 13 found employment. In 2008, a total of 1,101 persons with disabilities registered with local employment services, participated in the public works programme and 475 took part in the vocational rehabilitation programme. In 2004, a total of 473 persons with disabilities (including seven with a serious level of disability) found subsidized employment which was specially adapted to their condition compared with 362 (including 200 persons with a serious level of disability) in 2008. The Government also indicates that vocational guidance and training institutions have qualified staff including doctors, psychologists, trainers and vocational rehabilitation specialists. Measures have been taken to ensure that staff have practical experience, including the improvement of skills in relevant areas, the sharing of experience with foreign partners and participation in international conferences and seminars. The Committee requests the Government to supply information in its next report on the results achieved by the measures adopted as part of the “Strategy for the development of vocational rehabilitation services for persons with disabilities 2007–12” to integrate persons with disabilities in the free employment market. It also requests the Government to supply practical information, including statistics (disaggregated as much as possible by age, sex and the nature of the disability), extracts from reports, studies or inquiries on the matters covered by the Convention, and to continue to supply information on the impact in practice of measures taken to implement a vocational rehabilitation and employment policy for persons with disabilities, within the meaning of the Convention (Part V of the report form).

Article 4. Equality of opportunity and treatment. The Government indicates that, according to the Law of December 1998 on equality of opportunity, the employer must take suitable measures to enable persons with disability to obtain employment, pursue a career and to study, and must equip them with the means to facilitate their work. In 2008, a total of 173 persons with disabilities completed the vocational rehabilitation programme, 65 per cent of which were women. Most women work in the areas of crafts, sales or dressmaking. They often remain absent from the employment market out of lack of self-esteem, absence of the necessary occupational skills, or for family reasons. The Government underlines the importance of the vocational rehabilitation programme equipping such women with the necessary knowledge and skills to enable them to better meet the requirements of the job market. It also states that the objective of promoting equality of opportunity, employment and participation in the employment market for persons with disabilities is being implemented through the development of vocational rehabilitation and employment services and by using public and European Union funds. The Committee requests the Government to continue to provide information on progress made in ensuring effective equality of opportunity and treatment between workers with disabilities and other workers.

Article 5. Consultation of the social partners. The Committee notes that the regulations of the Tripartite Labour Commission were approved on 31 December 2006. The Commission is formed of 15 members and includes representatives of the employers, workers and Government. Its tasks include making proposals to the Employment Service with a view to the adoption of suitable preventive measures aimed at reducing unemployment and its social impact. The Committee requests the Government to indicate the manner in which the Tripartite Labour Commission deals with the matters covered by Convention No. 159 and to indicate the manner in which representative organizations of and for persons with disabilities are consulted on the implementation of the vocational rehabilitation policy for persons with disabilities.

Article 8. Services in rural areas. In its observation of 2004 the Committee referred to the comments of the Lietuvos Darbo Federaciija (LDF) concerning the non-application of Article 8 of the Convention. The Government indicates that, in 2005, only one institution was able to provide vocational rehabilitation services and that, in 2009, nine other institutions opened their doors in other cities. Eight further institutions for the development of vocational rehabilitation services for persons with disabilities were selected and are in the process of setting up in other regions of the country, thereby constituting an adequate infrastructure of vocational rehabilitation services. The Committee requests the Government to continue to supply information on the operation of these new vocational rehabilitation institutions and to indicate their degree of accessibility in rural areas.