Decent Work and People with Disabilities:

The Role of Trade Unions

Debra A. PerrySenior Specialist in Vocational Rehabilitation

Bangkok, Thailand

Topics

The changing concept of disability

Decent work facts and issues The ILO principles related to

people with disabilities What can unions do?

Do you know a disabled person?

What is his or her disability?

What does he or she do for a living?

What is Disability?

Loss of functioning

Physical

Sensory

Intellectual

Mental/Psychiatric

Dimensions of disability: People with disabilities are not a homogeneous group• Type of disability

– Physical

– Sensory

– Intellectual

– Psychiatric

• Severity– Severe

– Moderate

– Mild

• Onset– Birth

– Childhood

– Adulthood

• Visibility– Observable

– Invisible

Gender makes a huge differenceGender makes a huge difference

• Causes

Birth Defect

Accident

Illness

Other

ILO Definition

An individual whose prospects of securing and retaining suitable

employment are substantially reduced as a result of physical or mental impairment

(introduced in R 99).

Changing concepts of

disability

Economics of

disability

Human rights issue

The New Disability

Business Case

Changing concepts: A human rights issue

• From welfare to medical to social model

• From a charity to rights

The social environment creates the disadvantages people with disabilities face

• 1955 ILO VR Recommendation No. 99• 1971 UN Declaration on the Rights of Mentally Retarded Persons• 1975 UN Declaration on the Rights of Disabled Persons• 1981 UN International Year of Disabled Persons• 1982 UN World Programme of Action Concerning Disabled Persons• 1983-1992 UN Decade of Disabled Persons• 1983 ILO VR (Disabled) Convention No. 159 • 1983 ILO VR (Disabled) Recommendation No. 168• 1993 UN Standard Rules on the Equalization of Opportunities for

Persons with Disabilities• 1993-2002 Asian and Pacific Decade of Disabled Persons• 2001 ILO Code of Practice for Managing Disability in the Workplace• 2003-2012 Second Asia and Pacific Decade of Disabled Persons• Current Drafting of the UN Convention on the Rights and Protection of

Persons with Disabilities

International conventions and initiatives

• Regional initiative by ESCAP and governments in the region to improve the situation of disabled persons

• Adopted the Biwako Millennium Framework of Action towards an Inclusive, Barrier-Free and Rights-Based Society

• Seven target areas, including training and employment• Calls for rights-based, anti-discrimination policies and

legislation for people with disabilities that is developed in conjunction with social partners, including workers’ organizations

Asia and Pacific Decade of Disabled Persons 2003-

2012

National approaches: changing legislation

Welfare Law

Charity Law, No Law

Rights-based Law

Changing concepts: Disability as an economic issue • People with disability among the poorest of the poor

• Skyrocketing costs related to disability

• World Bank estimate of social exclusion: US$1.37 trillion to US$1.94 trillion of global GDP or $2,486 to $5,135 per disabled person annually

• Finland: Disability-related spending is 13.9% GDP; 10% of labour force on disability pension in 1996

• Australia: People on Disability Support Pensions---up more than 60% in last 10 years; similar statistics in Canada and UK

Vocational rehabilitation and return to work of injured workers makes economic sense for the individual and society

• Articulated in Unlocking Potential and AbilityAsia

• Managing diversity, which includes disabled workers, is a major factor in efficiency, productivity and overall success

• People with disabilities are good workers

• Hiring and retaining improves team work---group spirit

• People with disabilities are customers

Hiring and retaining disabled and injured workers make business sense

Changing concepts: The new disability business

case

So why aren’t more disabled

people working?

What barriers to do they face?

Barriers to Decent Work

Lack of policy support/integration

Lack of trained and unbiased personnel

Lack of support services and information geared to their needs

Unequal access toeducation, training and employment services

Negative attitudes and stereotypes

Psychosocial issues

Lack of accessibility

Lack of data

How big is the problem? 600 million disabled people worldwide 370 million in Asia 386 million of working-age worldwide 238 million in Asia are of working age Only 10 percent of disabled children are in

primary school Most live in rural areas Unemployment rates are double that of the

general population and as high as 80 percent Disability and poverty are linked: 20 percent

of the world’s poor are disabled

People with disabilities are:

• Able to work• Many want to work• Research shows they

made good employees overall

• Many have work histories and skills, especially those who have work-related disabilities

Disability and Decent Work

Decent work and disability

• People with disabilities overall– Face social exclusion, discrimination– More likely to be poor and out of the labour force---

with as many as 50 to 90 percent unemployed– Make less money when they do work at less decent jobs

• Injured workers– Face barriers to returning to work– Returning rates vary from 40 to 70 percent for back

injured according to recent study of some Western countries (ISSA, 2002)

What is the ILO doing to improve the situation for

people with disabilities?

• Knowledge: Country studies, Web site, examples of good practice

• Advocacy: Promotion of standards, BMF, Code; engagement of social partners; raising awareness

• Technical assistance: Policy advice, projects, awareness training, technical training, etc.

Means of Action

• ILO Recommendation 99 Concerning Vocational Rehabilitation, 1955

• ILO Convention 159 Concerning Vocational Rehabilitation and Employment (Disabled Persons), 1983

• ILO Recommendation 168, 1983• ILO Code of Practice for Managing Disability

in the Workplace, 2002

ILO Disability-specific standards

• Decent work for all - non-discrimination• Government policy on vocational rehabilitation• Equal treatment and equal opportunity• Involve all disability groups, women and men, rural

and urban• Tripartite consultations, plus disabled persons • Mainstreaming in training and employment,

whenever possible• Special measures allowed, such as affirmative

action• Trained personnel

ILO Principles

ILO Code of practice for managing disability in the workplace: Targets employers

• Provides practical guidance to ensure equal opportunities and treatment of disabled workers in the workplace

• Identifies duties of competent authorities, workers’ representatives and employers

• Addresses the specific issues related to recruitment, promotion, job retention and adjustments for disabled workers

• Promotes safe and accessible workplaces

• Minimizes employer costs related to disability

• Maximizes contributions of employees with disabilities

Why should trade unions get involved with workers with

disabilities?

Why Should Trade Unions

Get Involved? Mission/history

• Workers’ Compensation• Social Protection• Related Issues

Philosophy• Concern about rights and equity• Solidarity

Community linkages and capacity

Linkages

Workers organisations

Workersinjured on

the job

Disabled Peoples‘ Organi-sations

The School-System

Vocational Counselling

and Guidance

Placement

Services

Ministry of Labour and/or

Employment

Employers’

Organisa-

tions

Vocational Rehabilitation

Centres

Job Seekers

with Disabilities

Vocational Training Centres

Co-Workers

TheMedia

What cantrade unions do to help people

with disabilities?

What is your trade union

doing?

What does the ILO say about what

trade unions can do?

Convention 159 (1983)

Develop a national policy on vocational rehabilitation

Consult with employers and workers

Promote cooperation and coordination

Recommendation 168: Specific Guidance for Employers & Workers Adopt an internal policy Contribute to national or local policy on VR Participate on boards of NGOs Cooperate with specialists to reintegrate disabled workers injured on the job Facilitate employment of other disabled persons Operated vocational rehabilitation services

whenever possible and include disabled persons in existing services

Recommendation 168: Specific Guidance for

Workers’ Organizations Promote participation of disabled workers on shop

floor Propose guidelines for VR and protection of

disabled workers in collective agreements, regulations, arbitration awards, etc.

Offer advice on the shop floor with regard to disabled workers’ issues

Raise disability issues at trade union meetings Inform members through publications, seminars

etc.

ILO Code of Practice on Managing Disability in the Workplace

- Advocate for employment and training- Encourage PWDs to join and take leadership roles- Represent disabled worker interests in all activities and

negotiations- Train and sensitize members about disability- Promote a healthy workplace- Promote introduction of disability management strategies- Raise employers’ awareness about laws and standards- Encourage members to cooperate in return to work

programs- Serve as a model employer and integrate all aspects of the

Code in hiring and managing disabled employees

What are some examples of what trade unions have

done?

Fostering Community Integration

Example: Assembly of Trade Unions, Japan

• 1970s request from a member with a disabled child

• Established a foundation supported by sale of matches, later tissues

• Started a counseling service/telephone hotline for parents

• Parents lobbied for railway accessibility• Established a vocational experience

program for youth with disabilities

Providing Training and Skills Development

Example: Federation of German Trade Unions

Position paper stating policy for integrated employment

Supports access to apprenticeships for disabled persons, especially for women with disabilities who face double discrimination

Advocates for union activities that promote overall social integration, including accessible transportation

• Operates 3 employment support for people with disabilites

• Services include: assessment, counseling and guidance,work, vocational training, supported employment, placement• Former union members as job coaches

Kanagawa Regional Council of the Japanese Electrical

Electronic and Information Union

Providing Training and Skills Development

Providing Training and Skill Development

Example: Trade Union Federation, DIGNITE,Cote d’Ivoire

Created a fellowship program so students with a disabilities can attend school

Organize and facilitate vocational training and apprenticeships for school leavers with disabilities

Improving Employment Practices

Example: Trade Union Federation in Cote d’Ivoire

Created an internal unit for people with disabilities

Are lobbying for national employment legislation for disabled persons to include a quota, special fund, and support for micro-enterprise and cooperative development

Improving Employment Practices

Example: The Irish Congress of Trade Unions

Published and disseminated the Charter of Rights of People with Disabilities

Lists 18 fundamental rights to full equality of people with disabilities

in the workplace

Promoting the Rights and Reintegration

of Injured/Disabled Workers Example: IAM Boeing Health and Safety Institute

for Returning Injured Workers to the Job

A labour-management program

Provides return to work services that include early intervention, quick responses, professional case management, job accommodations etc.

The union’s IAM CARES program provides services, which are paid by the employer according to a collective bargaining agreement

Promoting the Rights and Reintegration

of Injured/Disabled Workers Example: Finnish Employees’ Confederation

Cooperates with employers to prevent industrial accidents through on-the-job measures, training, ergonomic adaptation etc.

Operates training programs and reintegration schemes for injured workers

Serving as a Model of Inclusion

Example: Unison, British trade union

representingpublic workers

Organizes union and vocational training programs for members with a disabilities

Uses ergonomic measures to facilitate workplace integration

Promotes awareness raising campaigns Uses member subscription and private funds

Serving as a Model of Inclusion

Example: American Postal Workers Union

Set-up a special task force for deaf workersHolds several seminars for hearing impaired

workersMembers serve on committees to resolve

disability issuesConvinced the postal service to issue the

special “I love you” sign language stamp

What could your union do?

A Summary: What You Can

Do National: - Advocate for legislation and policy. Community: - Collaborate with social partners/others.

- Promote awareness. Union: - Develop internal policies and codes of

practice.- Inform and educate members.- Provide assistance to disabled workers/

their families.- Protect workers rights related to disability issues.

Enterprise: - Collaborate with management.- Represent worker interests on shop

floor.- Assist disabled workers.

How to Begin

Get to know disabled people, especially your

disabled members Learn about legislation and policy related to

disability Talk to other social partners Reach out to organizations of and for

disabled persons Find out about what other unions have done Determine what the needs are in your

country Find support within your union and form a

committee to study the issue Develop a plan of action

What specifically will you do?

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For more information

ilo.orgilo.org/abilityasia