Summary.
The draft bill proposes amendments to Law 15 of May 31, 2016, which reforms Law 42 of 1999 on equal opportunities for persons with disabilities. Its opening article states the aim of raising the share of workers with disabilities to 3%. The following articles set out separate rules for private companies and state institutions, equal pay provisions, authorities responsible for compliance, and a payment required of certain private companies.
For private companies, the proposed amendment to Article 51 distinguishes between workforce sizes. Every company with twenty-five to fifty workers must employ at least one person with a disability. A company with more than fifty workers must have a workforce in which workers with disabilities account for no less than 3%. Workers with disabilities must be duly qualified to work and must receive the same pay as any other worker performing the same task within the company. The article also allows the Executive Branch (Órgano Ejecutivo) to increase the required share according to the country's economic growth conditions. The Ministry of Labor and Labor Development (Ministerio de Trabajo y Desarrollo Laboral) will oversee compliance with this obligation and handle complaints and claims concerning its breach.
The proposed amendment to Article 52 concerns state institutions. Each institution must maintain a workforce in which workers with disabilities account for no less than 3%. Those workers must receive the same pay as any other worker performing the same task within the institution. The Administrative Career Directorate (Dirección de Carrera Administrativa) is assigned responsibility for overseeing compliance with this obligation and handling complaints and claims concerning its breach.
Under the proposed amendment to Article 53, private companies that refuse to hire and/or maintain 3% of duly qualified personnel with disabilities must pay the Ministry of Labor and Labor Development an amount equal to the minimum wage for each person they fail to hire, throughout the period of their refusal. The funds collected must be deposited in a special account of that ministry and used exclusively for training sessions, vocational training and self-management assistance through organizations involved in disability matters. Article 5 identifies Articles 51, 52 and 53 of Law 15 of May 31, 2016, as the provisions being amended. Article 6 provides for the law to take effect on the day after its promulgation. The draft bill concerns the Executive Branch, the Ministry of Labor and Labor Development, the Administrative Career Directorate, state institutions, private companies, their workers and organizations involved in disability matters.
What it proposes.
- Employment of persons with disabilities in private companies.
- Workforce participation of persons with disabilities in state institutions.
- Equal pay for the same task and compliance with workforce requirements.
- Use of payments required from private companies that refuse to comply.
Who it would affect.
- Private companies with twenty-five to fifty workers or more than fifty workers.
- State institutions.
- Workers with disabilities.
- Authorities assigned to oversee compliance and handle complaints and claims.
Key points.
- The draft bill aims to amend Law 15 of May 31, 2016, to raise the workforce share of persons with disabilities to 3%.Art. 1
- Private companies with twenty-five to fifty workers must employ at least one person with a disability; those with more than fifty workers must reach a share of no less than 3%.Art. 2
- Duly qualified workers with disabilities must receive the same pay as others performing the same task in a private company; the Executive Branch may increase the required share.Art. 2
- The Ministry of Labor and Labor Development will oversee the obligation applicable to private companies and handle complaints and claims concerning its breach.Art. 2
- State institutions must maintain a workforce share of no less than 3% of workers with disabilities, with equal pay for the same task; the Administrative Career Directorate will oversee compliance and handle complaints and claims.Art. 3
- Private companies that refuse to hire and/or maintain 3% of qualified personnel with disabilities must pay an amount equal to the minimum wage for each person they fail to hire throughout their refusal.Art. 4
- The payments must go into a special account and be used exclusively for training sessions, vocational training and self-management assistance through organizations involved in disability matters.Art. 4
- The draft bill identifies Articles 51, 52 and 53 as the provisions being amended and provides for the law to take effect on the day after its promulgation.Arts. 5-6