The General Law on Persons with Disabilities establishes the public and private entities when making offers of employment and hiring people with disabilities. It also contemplates the special benefits in favor of this vulnerable sector of the labor population. In this note, a quick review on the subject.
Being subjects of special protection, the regime that regulates the treatment and benefits of people with disabilities contemplates various measures in labor matters. These impose certain employers (both public and private), which are designed to guarantee access to the labor market of this vulnerable sector in conditions of equality and non-discrimination.
According to the disabled law following is a quick review of the main implications of the hiring of workers with disabilities, in particular by the recently published Technical Standard for the application and supervision of compliance with the employment quota for persons with disabilities applicable to private employers, approved by the Ministry of Work.
- How is the disability accredited?
The person with disabilities is one who has one or more physical, sensory, mental or intellectual deficiencies of a permanent nature, when interacting with various attitudinal and environmental barriers, does not exercise or may be impeded in the exercise of their rights and their full inclusion and effective in society, on equal terms with the others
The disability condition must be accredited by means of a certificate from any of the hospitals of the Ministries of Health, Defense, Interior or Regular Health Insurance. The evaluation, qualification, and certification are free.
- What is the employment rate of people with disabilities?
Public entities are obliged to hire persons with disabilities in a proportion not less than 5% of their total staff. For their part, private companies with more than 50 workers must hire them at a rate of not less than 3%.
To determine the obligation of private employers, the number of workers registered in the electronic form in the period between January 1 and December 31 of each year is taken into account.
- Since when is the auditable employment fee?
The inspection of compliance with the employment quota for persons with disabilities corresponds to the Labor Inspection Authority.
However, the insightful action with sanctioning effect will not be immediate. It will be held as of January 2016 with respect to the annual period between January 1 and December 31, 2015.
- Will companies be able to excuse themselves from hiring staff with disabilities?
Yes, the employer may argue that he could not hire a worker with a disability when: It did not generate, during the year, new jobs or vacancies to cover due to the termination of the employment relationship with one of its employees.
Circumstances of a technical nature or risk that prevent the entry of people with disabilities.
If vacancies have been generated, prove the occurrence of circumstances that have prevented the hiring of people with disabilities despite having developed a diligent conduct to ensure that the calls and evaluation processes have been directed in sufficient numbers to meet the quota of employment.
Such certification is required to access the disability bonus in public merit contests in public entities. This amounts to a bonus of 15% on the final score obtained in the evaluation stage, which includes the final interview
- What are the security measures that employers must take?
Depending on the turn of the business, companies must meet special characteristics to ensure adequate security systems to protect people with disabilities.
For this, it has been recognized that people with disabilities who access a job are entitled to “reasonable” adjustments in the workplace. These measures include the adaptation of work tools, machinery and work environment, as well as the introduction of adjustments in the organization and schedules, depending on the needs of the worker with disability.
- Does hiring people with disabilities generate a benefit for the employer?
Companies that employ people with disabilities have an additional deduction in the payment of income tax. This amounts to 50% of the remuneration paid to disabled workers if they represent up to 30% of the total payroll.
The additional deduction will reach 80% if more than 30% of the workers’ payroll are people with disabilities.
- Will companies that violate the rights of persons with disabilities be made aware?
In the Registry of offenders of the rights of the person with disability, the name or corporate name of the public entities and private institutions that are fined for the breach of the new regime in comment will be registered.
In this registry by the National Council for the Integration of Persons with Disabilities, the names and positions of the officials or executives will also be registered when their actions or omissions cause them to be fined or sanctioned according to the regime of infractions.