New labor obligations: employment quotas for people with disabilities
Although the adaptation period is still underway, taking into consideration the difficulties and lengthiness inherent in the recruitment and hiring processes, we remind you of the new labor obligations arising from Law No. 4/2019, of January 10, 2019.
New labor obligation: mandatory creation of jobs for disabled people with a view to inserting them in the labor market.
Who is considered a “disabled worker”: for the purposes of this law, people with a degree of disability equal to or greater than 60% (including cerebral palsy, organic, motor, visual, hearing and intellectual disabilities) are considered disabled, and this situation must be medically certified.
Are there any jobs or positions excluded? Notwithstanding the certified degree of disability, the bearers must be capable of performing the activity for which they are applying or, if they have some difficulty or limitation in performing the same, they must, using measures and mechanisms that facilitate their performance, be capable of performing it properly.
Which employers are covered by the diploma? The obligation to create vacancies with a view to hiring workers with disabilities applies to all private or public employers who:
(i) Employ between 75 and 249 workers – which must admit disabled workers in a number not less than 1 % of the workforce;
(ii) Employing 250 or more workers – who must hire no less than 2% of the workforce with disabilities.
Entry into force and adaptation period: although the law in question entered into force on February 1, 2019, it provides for an adaptation period, as follows:
i) Employers with a number of employees exceeding 100 employees have an adaptation period until February 1, 2023;
ii) Employers with between 75 and 100 employees have until February 1st, 2024.
Mandatory reporting requirement: employers are now required to indicate in the Single Report the number of workers with disabilities in their workforce.