LABOR INSERTION OF PEOPLE WITH DISABILITIES

On October 29th, the Executive Power enacted Law 19,691 regulating the labor insertion of people with disabilities in the private sector.

I. Scope of the law

Law 19,691 imposes the obligation on private employers to hire personnel with disabilities, provided they have 25 or more permanent workers in their workforce and according to certain percentages set by the provision that will increase over time.

For example, the following percentages are established for the first year of the norm:

- Employers with 500 or more workers, must hire 3%.
- Employers with between 150 and less than 500 workers, 2%.
- Employers with between 150 and less than 500 workers, 1%.

Three years after the law comes into force, all private companies will require 4% of staff with disabilities.

II. Obligations for the employer

Under the new law, the employer shall generate adequate accessibility conditions in accordance with Law 18,651 and with the employee's job performance.

On the other hand, people with disabilities who require support for the fulfillment of their work duties must request it from their employer, and they shall authorize it. The aforementioned support can be oriented to aspects such as adaptations, identification of peers, mentor companions or natural supports, among others.

III. Rights of workers with disabilities

Workers with disabilities who are employed under the Law 19,691 will enjoy all the rights and obligations regulated in the labor regulations.

Also, the referred workers will be holders of the following specific rights created for them:

-DISMISSAL. The dismissal of any person with disabilities must obey a reasonable cause, related to an attitude of the employee or based on the needs of the company or another cause of enough importance to justify the decision taken.

The employer shall prove the reasonable cause, otherwise he shall pay the worker an amount equivalent to six months of salary in addition to the compensation for legal dismissal.

- SPECIAL LEAVE WITHOUT PAY. For each calendar year, workers with disabilities shall have the right to apply for an extraordinary leave without pay for a maximum period of three months, which may be computed continuously or discontinuously.

IV. Rights of workers with disabilities

Employers who execute works of accessibility or adaptation of workplaces in order to enable the work of personnel with disabilities will be included in the benefits of Law 16,906 (Investment and Industrial Promotion).

It also requires that the employer pension contribution paid to the Social Security Bank (Banco de Previsión Social – BPS) related to workers with disabilities will be done gradually. During the first year of work 25% will be paid, reaching 100% after three years of work.

V. Register of employers and persons with disabilities

Any person with a disability who wants to benefit from the labor insertion standard must enroll in the National Registry of Persons with Disabilities.

Meanwhile, in order to obtain the benefits and incentives provided by Law 19,691, employers must be duly enrolled in the Ministry of Labor and Social Security registry.

Montevideo, October 2018