Decent Work and People with Disabilities: The Role of Trade Unions

1
Decent Work and People with DisabilitiesThe
Role of Trade Unions
Debra A. Perry Senior Specialist in Vocational
Rehabilitation Bangkok, Thailand
2
Topics
? The changing concept of disability ? Decent
work facts and issues ? The ILO principles
related to people with disabilities ? What can
unions do?
3

• Do you know a disabled
• person?
• What is his or her
• disability?
• What does he or she do for a living?

4

• What is Disability?
• Loss of functioning
• Physical
• Sensory
• Intellectual
• Mental/Psychiatric

5
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

• Causes
• ? Birth Defect
• ? Accident
• ? Illness
• ? Other

Gender makes a huge difference
6
ILO DefinitionAn individual whose prospects of
securing and retaining suitable employment are
substantially reduced as a result of physical or
mental impairment (introduced in R 99).
7
Changing concepts of disability
Human rights issue
Economics of disability
The New Disability Business Case
8
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

9
International conventions and initiatives

• 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

10
Asia and Pacific Decade of Disabled Persons
2003-2012

• 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

11
National approaches changing legislation
Charity Law, No Law
Welfare Law
Rights-based Law
12
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 US1.37
  trillion to US1.94 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

13
Changing concepts The new disability business
case

• 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
14

• So why arent more disabled people working?
• What barriers to do they face?

15
Barriers to Decent Work
Negative attitudes and stereotypes
Lack of data
Lack of policy support/integration
Unequal access toeducation, training and
employment services
Psychosocial issues
Lack of support services and information geared
to their needs
Lack of trained and unbiased personnel
Lack of accessibility
16
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 worlds poor are disabled

17
Disability and Decent Work

• 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

18
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)

19

• What is the ILO doing to improve the situation
  for people with disabilities?

20
Means of Action

• 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.

21
ILO Disability-specific standards

• 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

22
ILO Principles

• 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

23
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

24

• Why should trade unions get involved with workers
  with disabilities?

25
Why Should Trade UnionsGet Involved?
? Mission/history Workers Compensation
Social Protection Related Issues ?
Philosophy Concern about rights and equity
Solidarity ? Community linkages and capacity
26
Linkages
Workers injured on the job
Disabled Peoples Organi-sations
Job Seekers with Disabilities
Co- Workers
The Media
Vocational Rehabilitation Centres
Workers organisations
The School-System
Vocational Training Centres
Vocational Counselling and Guidance
Employers Organisa-tions
Placement Services
Ministry of Labour and/or Employment
27

• What can
• trade unions do to help people with disabilities?
• What is your trade union doing?

28

• What does the ILO say about what trade unions can
  do?

29
Convention 159 (1983)
? Develop a national policy on vocational
rehabilitation ? Consult with employers and
workers ? Promote cooperation and coordination
30
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
31
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.
32
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

33

• What are some examples of what trade unions have
  done?

34
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

35
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
36
Providing Training and Skills Development

• 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
37
Providing Training and Skill Development
Example Trade Union Federation, DIGNITE, Cote
dIvoire ? Created a fellowship program so
students with a disabilities can attend
school ? Organize and facilitate vocational
training and apprenticeships for school leavers
with disabilities
38
Improving Employment Practices
Example Trade Union Federation in Cote dIvoire
?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
39
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
40
Promoting the Rights and Reintegrationof
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 unions IAM CARES
program provides services, which are paid by the
employer according to a collective bargaining
agreement
41
Promoting the Rights and Reintegrationof
Injured/Disabled Workers
Example Finnish Employees Confederation ? Coope
rates with employers to prevent industrial
accidents through on-the-job measures, training,
ergonomic adaptation etc. ?Operates training
programs and reintegration schemes for injured
workers
42
Serving as a Model of Inclusion
Example Unison, British trade union
representing public 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
43
Serving as a Model of Inclusion
Example American Postal Workers Union ? Set-up
a special task force for deaf workers ? Holds
several seminars for hearing impaired
workers ? Members serve on committees to resolve
disability issues ? Convinced the postal service
to issue the special I love you sign language
stamp
44

• What could your
• union do?

45
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.
46
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
47

• What specifically will you do?

__________________________________________________
_____________________________________________
48

• For more information
• ilo.org
• ilo.org/abilityasia