Organizations must hire, or keep hired, at least 1% of people with disabilities or who are beneficiaries of a disability pension.
In accordance with the provisions of Articles 157 bis and following of the Labor Code, companies that have 100 or more hired workers, must comply with the so-called “Inclusion Law”.
The above can be done directly or through one of the alternative compliance modalities provided for in the law.
In the case of direct compliance, companies must hire, or keep hired, as appropriate, at least 1% of people with disabilities or who are beneficiaries of a disability pension of any pension scheme, in relation to the total of their workers.
As a result of the above, companies must register on the electronic site of the Labor Directorate the employment contracts, within fifteen working days following their conclusion, as well as their modifications and term.
Companies must complete this procedure in January of each year, in addition to communicating electronically to the Work Address, the following:
- The total number of employees of the company on the last day of each of the calendar months included in the previous year. Especially, for this year 2024 given the amendment of the inclusion regulations, 10 months prior to October 31, 2023 divided into 10 should be considered.
- The number of workers with disabilities or disability pension recipients who must be hired.
- They must develop and implement training programs for their staff annually in order to provide them with tools for effective labor inclusion within the company.
- Activities carried out during the working day or outside of it must take into account the rules on equal opportunities and social inclusion of people with disabilities referred to in Law No. 20,422, as well as the general principles contained in the other current rules on the subject.
Without prejudice to the foregoing, the law contemplates an alternative form of compliance with the law known as “subsidiary measures” of compliance, provided that there are well-founded reasons, being able to execute any of the following measures:
a) To conclude contracts for the provision of services with companies that have hired people with disabilities.
b) Make monetary donations to projects or programs of associations, corporations or foundations referred to in article 2 of Law No. 19,885.
For more information on these topics, please contact our #azLabor group:
Jorge Arredondo | Partner | jarredondo@az.cl
Jocelyn Aros | Senior Associate | jaros@az.cl
Felipe Neira | Associate | fneira@az.cl
Palmira Valdivia | Associate | pvaldivia@az.cl
