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SUSCRIBETE BOLETIN

SUSCRÍBETE

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NEWS

Instructive that regulates the percentage of labor inclusion of people with disabilities

• It is of immediate application for public and private sector employers that have a minimum of 25 stable employees.
• The public or private employer with a minimum of 25 workers is obligated to hire a minimum of 4% of people with disabilities, in permanent jobs that are considered appropriate for their skills, physical conditions and knowledge.
• The percentage of labour inclusion of people with disabilities for the private sector will be calculated based on the total number of workers, except those who don’t have a stable or permanent contract.
• When the percentage of employment inclusion of persons with disabilities results in a decimal number, only the whole part of the number will be considered; thus, the employer must hire 1 person with a disability for every 25 stable workers.
• a person with a disability is considered to be one that as a consequence of one or more physical, mental, intellectual or sensory deficiencies is permanently restricted its biological, psychological and associative capacity to exercise one or more activities, in a proportion equivalent to 30% of disability.
• It will be considered a direct substitute worker:

o The parents or the legal representatives of the kids or teenagers with disabilitites, can be part of the percentage of labour inclusion as long as the child or adolescent has a disability equal to or greater than 30%.
o The relatives up to fourth degree of consanguinity and second of affinity, spouse, fact union partner or legal representative of the persons who have under care and / or responsibility to a person with disabilities equal to or greater than 75%.

• Substitute for human solidarity: These are people who, without being related by blood or affinity, can substitute a person with a severe disability, who does not have a family referral and who, because of his or her severity, is unable to do so.
• Severe disability: corresponds to a condition of disability which is assigned as a percentage of 75% or more, which means that the symptoms, signs or sequelae make it impossible to carry out the activities of daily life; this is the impossibility to carry out self-care activities.
• Substitute workers may be those who have obtained the corresponding certification issued by the corresponding authorities, this benefit may not be transferred to more than one person per person with a disability. Employers may not hire more than 50% of substitutes of the established legal percentage.
• The employer who fails to comply with the provisions of this ministerial agreement will be sanctioned with a fine of 10 SBU (currently US $ 3,850).


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