Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) - Luxembourg (Ratification: 2001)

Other comments on C159

Direct Request

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The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government on 5 December 2020, as well as on the basis of the information at its disposal in 2019.

Articles 1(2) and 2 of the Convention. National policy for the vocational rehabilitation and employment of persons with disabilities. The Committee notes the detailed information sent by the Government on the application of the Convention and the measures adopted in the context of the implementation of the UN Convention on the Rights of Persons with Disabilities. It notes with interest the main policy statements, legislative texts and administrative regulations, and also the practical measures taken for persons with disabilities, including the adoption in January 2020 of the second “National Action Plan for the implementation of the Convention on the Rights of Persons with Disabilities 2019–24”. Section 7 of this Plan, devoted to work and employment, describes the measures concerning access to work, remaining in employment, follow-up to the measures and adaptation of the legislative framework. Moreover, the Committee notes a series of practical measures adopted for persons with disabilities, in particular: (i) the 2018–23 coalition agreement of the Government of Luxembourg, which aims, inter alia, at making the employment market more inclusive for persons with disabilities; (ii) the Act of 1 August supplementing the Labour Code establishing assistance with respect to inclusion in employment for workers with disabilities and workers involved in outplacement, which provides for support geared to the needs of persons with disabilities at their workplace, in order to facilitate integration in and retention of employment; (iii) the amended Act of 12 September 2003, incorporated into the Labour Code, which regularizes the recruitment of persons with disabilities and provides for a compensation tax in the event of an employer’s refusal to hire the prescribed number of persons with disabilities (section 12); and (iv) the programme for the occupational redeployment of workers who are unable to occupy their last job for reasons related to health, infirmity or reduced strength but do not receive an invalidity benefit. The aim of this programme is to enable these workers to keep their jobs (by appointment to another post within the enterprise or by adjustment of the post or hours of work) or to find work suited to their current capacities. The Committee requests the Government to provide information on the impact of the implementation of the second National Action Plan 2019–24 on the application of the Convention. It also requests the Government to provide information, including statistics disaggregated by sex and age, on the effects of the measures taken to ensure the inclusion in employment of persons with disabilities.

Articles 3 and 4. Promotion of employment for persons with disabilities. The Committee previously invited the Government to continue providing information on the measures taken to promote employment possibilities for persons with disabilities in the open labour market. The Government indicates that in 2018 the Ministry of Labour, Employment and the Social and Solidarity Economy (Ministry of Labour) signed collaboration agreements with 10 organizations which manage sheltered workshops. The Ministry of Labour also introduced a flat-rate subsidy system, the calculation for which is based on the number of workers with disabilities catered for in sheltered workshops. In 2018, sheltered workshops offered employment contracts to 1,213 workers with disabilities. With regard to measures to promote employment possibilities for workers with disabilities in the open labour market, the Government indicates that employers who hire workers with disabilities are eligible for wage subsidies (from 30 to 100 per cent) and coverage of a part of the costs of wages, training, adjustment of posts and access to them, employers’ social security contributions, and also the provision of adjusted occupational equipment. The Committee notes the detailed statistics provided by the Government, particularly those concerning the number of recipients of wage subsidies and the amount of reimbursements related to wage costs. It also notes that 50 jobs in the service of the State are still reserved for persons who have the status of workers with disabilities. Moreover, the Government refers to various compensation revenues and reintegration projects established for jobseekers who have the status of workers with disabilities and reside in Luxembourg. In this regard, the Committee notes that candidates capable of entering the regular employment market are invited to recruitment days using the “speed-dating” model in order to meet potential employers. It also notes the establishment of various services designed to favour the placement of persons with disabilities in the regular labour market, such as the “employment café”, the Contact Centre of the Employment Development Agency (ADEM), professionalization training courses, the reintegration in employment contract (CRE), and also the Disability and Vocational Rehabilitation Service (S-HRP). The Committee requests the Government to continue providing detailed and up-to-date information, including statistics disaggregated by sex, age and occupation relating to the impact of the measures adopted to promote employment possibilities for persons with disabilities in the open labour market.

Article 5. Consultation of the social partners. The Committee previously asked the Government to indicate the manner in which it is ensured that the representative organizations of workers and employers are consulted on the implementation of the Convention. The Government indicates that exchanges with the social partners take place regularly within the Standing Committee on Labour and Employment, bringing together the representatives of workers and employers. This Committee is responsible, inter alia, for examining the situation of vocational rehabilitation and the employment of persons with disabilities. It also indicates that, in the legislative context, employers’ associations and trade unions and also the Chamber of Workers and Trades are consulted by the drafters of laws and regulations which have a connection with disability policy. In this regard, the Committee notes that the new National Action Plan 2019–24 has been drawn up by the Ministry of the Family, Integration in the Greater Region (MIFA), in close collaboration with other ministerial departments, associations and various other stakeholders as well as the Higher Council for Persons with Disabilities (CSPH) and the Action Plan Steering Group. The Committee requests the Government to continue providing information on the manner in which the organizations of workers and employers and also representative organizations of and for persons with disabilities are consulted with regard to the implementation of the National Action Plan 2019–24 and any evaluation of its impact.

Articles 7 and 9. Vocational rehabilitation. With regard to vocational rehabilitation, the Government indicates that vocational rehabilitation measures are accessible to all categories of persons with disabilities. The Committee notes the information, including the statistics provided by the Government on measures for vocational guidance, training, re-education, integration and reintegration organized by ADEM. It also notes the activities of the S-HRP, which is mandated to provide employment-related advice, guidance, training and placements for persons with disabilities and also the implementation of the COSP-HR inter-ministerial cooperation project, aimed at evaluating the capacities of persons with disabilities and facilitating guidance and/or vocational rehabilitation for them. The Committee requests the Government to continue providing detailed information on the various measures taken by ADEM and the S-HRP, and also those envisaged in the context of the COSP-HR relating to vocational rehabilitation and employment for persons with disabilities. The Committee also requests the Government to provide up-to-date statistics, disaggregated by sex, age and occupation, on the number of men and women workers with disabilities who have been placed in sustainable employment in the open labour market or who have received advice and vocational training provided by the above-mentioned services.