With the entry into force of the law 21.015 of inclusion lab oral, Chile took a big leap in guaranteeing rights for the more than two million Chileans who have disabilities. However, this tremendous step is being threatened by sanctions recently typified by the Directorate of labour (DT).
According to the law, any company of 100 or more workers must book 1% of its workers for people with disabilities form either directly hiring, outsourcing services through companies that have hired people with disabilities, or donating to projects approved by the Ministry of Social development that promote labour inclusion.
According to data from the Directorate of labour more than 12 thousand people with disabilities have joined the market regulate working and more than 2,000 companies have hired them, initiating a process of cultural change important and necessary. However, during March the DT, defining the penalties laid down by the code of the work related to the law 21.015: a maximum of 40 UTM ($1.940.120) for companies of up to 199 workers and a maximum of 60 UTM ($2.910.180) for companies of 200 workers or more.
As an example, in a company of 1,000 employees, the cost of the penalty for non-compliance will be 60 UTM, $2.910.180, up 54.4% lower than the cost of monthly hiring ten disabled of $6.383.930 (with average compensation reported DT for law 21.015). The fine would also be a 51.7% less than the cost of outsourcing or donation, equivalent to $6.020.000 (two minimum monthly income per person not engaged).
For a company with 20,000 employees, fine would diminish to almost 98% the cost of your 1%. The more workers you have a company, the lower cost and greater the incentive to pay the fine in relation to law. Thus, a company of 200 workers will pay the same fine one of 20,000 for breach, discourages the hiring of people with disabilities in large companies.
The Government has said I would like that a law on quotas is not needed: everyone would like it. However, it is utopian: we are one of the OECD countries with lower compliance with the International Convention on rights of persons with disabilities and are very low labour share average of 4%. We must hurry step rather than slow down it.
Urgently need a legal amendment that establishes an effective sanctioning regime. Harmless fines will make the 21.015 law will descale and bleeding. But this reform will only be possible if there was political will. State, business and civil society, we can and must work to transform the law of labor Inclusion, in the best public policy for people with disability in Chile.