On February 1st, 2018, Decree 64 and Decree 65 were published in the Official Gazette (hereinafter the "Decrees"), both issued by the Ministry of Labor and Social Security.
Due to the aforementioned, Law No. 21,015 (hereinafter the "Law"), will enter into force on April 1st, 2018.
Relevant aspects of the Law
The following main amendments were introduced by the Law:
In companies with 100 or more employees, at least 1% of its total workforce must be comprised of disabled employees or people who are entitled to a disability pension under any applicable social security system. This specific obligation is also applicable to government agencies, State-owned companies and other public institutions listed in the law. Companies that for justified reasons are unable to comply with such obligation, may alternatively execute contracts for the provision of services or make monetary donations, in accordance with the Law and fulfilling the requirements set forth in the Decrees. The remuneration agreed to in the employment contracts executed between a company and a mentally disabled individual, may not be lower than the legal minimum wage. II. Content of the Decrees
The Decrees especially regulate the following matters:
Decree 64 Defines "disabled person" and "person entitled to a disability pension", indicating how that condition should be evidenced. Establishes the calculation process to determine the total number of employees in a company, in relation to the enforceability of the Law. Regulates the contracts and donations as alternative means of compliance, as well as the justified reasons for making them applicable. Appoints the competent institutions to supervise...