At a glance
- The new law modifying the Labor Code increases the minimum percentage of persons with disabilities that must be hired in companies, from 1% to 2%.
- Fines will be issued to companies who fail to comply with the new obligations.
- Employers must implement accessibility measures, necessary adjustments and policies which prevent harassment of employees with disabilities and / or disability pension recipients.
- Companies must make the necessary adjustments in their recruitment, selection and working conditions to facilitate the inclusion of people with disabilities, safeguarding equal opportunity for people with disabilities.
A new law was published on August 24, 2024, modifying the Labor Code. It introduced changes to the hiring quota of persons with disabilities.
Disabled persons quota
- The percentage of total employees who must now be disabled individuals (or disability pension assignees) has increased from 1% to 2%. This applies to companies with more than 100 employees.
- However, this increase is not immediate - it will have a deferred and conditional effect, only becoming mandatory from the first day of January of the year following the submission of a report from the Ministries of Labor and Social Welfare, Social Development and Family, and Finance, which certifies compliance with the 1% quota of hiring people with disabilities, and / or disability pension beneficiaries of any social security system, in 80% of the companies and institutions obliged to do so.
- At present, there is only 21% compliance with the current law by the State Administration and 15% by the private sector, which means that this obligation is a long way yet from being enforceable.
- The new law specifies that the 2% of disabled employees must effectively provide services for the company, either contracted directly or through sub-contractors.
- Previously, companies had 'alternative' options available to comply with the disabled persons quota. However, under the new law, these options become merely 'subsidiary', and are only available to companies who have good reasons.
Increase in fines
- In the event of non-compliance, the new law provides for a fine equivalent to CLP1,327,240 for medium-sized companies and CLP1,990,860 for large companies.
- In addition, the fine will be applied for each month that the employer remains in breach, and with respect to each person with a disability, and / or is an disability pension assignee, who should have been hired to meet the quota.
Modification of employee handbook
- The minimum content of the Internal Rules of Order, Hygiene and Safety is expanded. It must now contain special rules that correspond to the different types of tasks or activities, according to the age, sex, gender, or geographical location of the workers. It must also set out the accessibility measures, implementation of necessary adjustments and the prevention of harassment towards workers with disabilities and / or disability pension beneficiaries.
Safeguarding equal opportunity
- Companies must adapt their recruitment mechanisms, procedures and practices to safeguard equal opportunities for persons with disabilities who participate in personnel selection processes.
- In order to ensure effective compliance with the law, supervision by the Labor Directorate is reinforced and it is granted resources to create a specialized unit to supervise compliance.
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