Summary.
Article 1 proposes to amend Article 42 of Law 42 of 1999. It would make the Ministry of Labor and Workforce Development (Ministerio de Trabajo y Desarrollo Laboral), with support from the National Disability Secretariat (Secretaría Nacional de Discapacidad), responsible for designing, implementing and carrying out permanent awareness campaigns directed at businesses. The campaigns would address the obligation to include persons with disabilities in the workforce. They would publicize the rights of persons with disabilities and describe the economic, social and cultural benefits of their participation in the labor market. The provision places this information effort within businesses and connects it to compliance with their employment inclusion obligations.
Under the same article, the campaigns would offer workshops, seminars and educational resources to employers and human resources staff. These activities would cover reasonable accommodations in the workplace, adaptation of infrastructure and technology to ensure accessibility, and strategies to encourage an inclusive work environment. The Ministry of Labor and Workforce Development would be responsible for the campaigns and would receive support from the National Disability Secretariat in carrying them out. The proposed amendment to Article 42 thus covers both information about rights and practical guidance on working conditions for persons with disabilities.
Article 2 proposes to amend Article 45 of Law 42 of 1999. Under its wording, private companies that refuse to hire or retain 2% staff with disabilities who are duly qualified to work would have to contribute to the Ministry of Labor and Workforce Development an amount equal to the minimum wage for each person they fail to hire, for as long as their refusal continues. The provision ties the contribution to the persons not hired and to the duration of the refusal.
The amendment would also make the Ministry of Labor and Workforce Development responsible for overseeing compliance with the obligation to include persons with disabilities in company workforces. Its oversight activities would include periodic inspections, requests for compliance reports, publication of companies that fail to meet the percentage, and receipt of complaints concerning possible breaches. If it detects irregularities, the Ministry would impose the applicable sanctions, which could include progressive fines, suspension of tax benefits and publication of noncompliant companies. These activities would also include follow-up measures to ensure that identified companies implement corrective measures. The Ministry would also be authorized to provide technical assistance to companies that need support to comply with the rules.
The public bodies concerned are the Ministry of Labor and Workforce Development and the National Disability Secretariat. The bill could concern or affect private companies, employers, human resources staff, and persons with disabilities who participate or seek to participate in the labor market.
What it proposes.
- Business campaigns on the employment of persons with disabilities.
- Reasonable accommodations and workplace accessibility.
- Oversight of the hiring percentage and consequences of noncompliance.
- Follow-up measures and technical assistance for companies.
Who it would affect.
- Private companies.
- Employers and human resources staff.
- Persons with disabilities duly qualified to work.
- The Ministry of Labor and Workforce Development and the National Disability Secretariat.
Key points.
- The Ministry of Labor and Workforce Development would design, implement and carry out permanent campaigns for businesses with support from the National Disability Secretariat.Art. 1
- The campaigns would publicize the rights of persons with disabilities and the economic, social and cultural benefits of their participation in employment.Art. 1
- Workshops, seminars and educational resources would cover reasonable accommodations, accessible infrastructure and technology, and workplace inclusion strategies.Art. 1
- Private companies refusing to hire or retain 2% duly qualified staff with disabilities would contribute an amount equal to the minimum wage for each person not hired while the refusal continues.Art. 2
- The Ministry would oversee compliance through periodic inspections, reports, publication of noncompliance and receipt of complaints.Art. 2
- If irregularities are detected, the Ministry would impose applicable sanctions, potentially including progressive fines, suspension of tax benefits and publication of noncompliant companies.Art. 2
- The activities would include follow-up on corrective measures and could include technical assistance for companies.Art. 2