On September 9, 2022, the Labor Directorate issued a pronouncement by means of Opinion No. 1583/33, in which it establishes the meaning and scope of Law No. 21.275, which amends the Labor Code to require relevant companies to adopt measures to facilitate the inclusion of workers with disabilities in the labor market. Specifically, the Labor Directorate points out the following:
I. Law 21.275 amends the Labor Code, incorporating Article 157 quater, which provides:
“At least one of the workers who perform functions related to human resources within the companies referred to in Article 157 bis must have specific knowledge in matters that promote the labor inclusion of persons with disabilities. It shall be understood that the workers who have a certification in this regard, granted by the National System of Certification of Labor Competencies established in Law No. 20.267, have this knowledge.
The companies mentioned in the previous paragraph shall promote within themselves policies in matters of inclusion, which shall be reported annually to the Labor Directorate, in accordance with the regulation referred to in the final paragraph of Article 157 bis. They shall also develop and implement annual training programs for their personnel, in order to provide them with tools for an effective labor inclusion within the company.
The activities carried out during the working day or outside it shall consider the rules on equal opportunities and social inclusion of persons with disabilities referred to in Law No. 20.422, as well as the general principles contained in the other regulations in force on the matter.”
1. Companies under obligation: All companies with 100 or more workers must have a human resources worker with specific knowledge on labor inclusion. The above, without prejudice to the obligation to hire or keep hired at least 1% of people with disabilities or assignees of a disability pension of any social security system.
2. The obligation of compliance set forth in the norm will correspond to each company with 100 or more workers, regardless of the number of subsidiaries of the parent company, unless two or more companies are judicially declared sole employer for labor and social security purposes by the Labor Courts, in which case, the total number of workers as a whole will be considered.
3. Requirements of the labor inclusion expert: At least one of the company’s human resources workers must have specific knowledge in the area of promoting labor inclusion. This person must be an employee of the company.
In this sense, it will be understood that it is an employment relationship, despite the signing of a different type of agreement, when personal services are provided, for compensation, under a relationship of subordination and dependence.
4. Regarding the determination of specific knowledge in matters that promote labor inclusion, the person will require a certification granted by the National System of Certification of Labor Competences (CHILEVALORA), established in Law No. 20.267.
5. Other obligations of the company provided by the legislator:
(a) Promote in the company policies on inclusion and report annually to the Labor Directorate. In this regard, in the annual electronic communication that companies send to the Labor Directorate in January of each year, they must report their compliance and indicate the number and content of those. This obligation will be enforceable as of January 2023.
b) Develop and implement annual training programs for its personnel, in order to provide them with tools for an effective labor inclusion within the company, with an organizational design designed for that purpose.
c) Consider the rules on equal opportunities and social inclusion in the activities carried out during and outside the working day.
6. The legal modification introduced by Law No. 21.275 will enter into force as of November 1, 2022.
Should you require additional information on this matter, please contact: Alfred Sherman (email@example.com), Gonzalo Aravena (firstname.lastname@example.org) and/or Felipe Ovalle (email@example.com).