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Changes to the Chilean Labor Code Require Employers to Adopt Measures that Facilitate the Inclusion of Disabled Employees 

by Oscar Aitken, Francisca Corti

Published: November, 2020

Submission: December, 2020

 



Changes to the Chilean Labor Code require employers to adopt measures that facilitate the inclusion of disabled employees


Law No.21,275 was added to the Labor Code and published in the Official Gazette on October 21, 2020. The new law is intended to facilitate the inclusion of disabled employees in the labor force.


 


Companies to which the law applies


The Law is applicable to those companies that, in accordance with article 157 bis of the Labor Code, have 100 or more employees. At least 1% of the company's total workforce must be comprised of disabled employees or people who are entitled to a disability pension under any applicable social security system.


 


Obligations created by the Law


The following obligations were introduced by the new law:


  • Companies must maintain at least one human resources employee with specific knowledge in matters that promote the labor inclusion of people with disabilities (understood as those who are certified by ChileValora);
  • They must promote internal policies on matters of inclusion and report those policies to the Labor Board annually;
  • They must develop and implement annual training programs providing tools for an effective labor inclusion within the company; and
  • The activities organized by the company, during or outside the workday, must consider the rules on equal opportunities and social inclusion of people with disabilities from law No.20,422 and other general principles contained in the existing regulation on this matter.

 


Term


The obligations created by the Law will enter into force on November 1, 2022.


If you have any questions regarding the matters discussed in this news alert, please contact the following attorneys or call your regular Carey contact.


 


Oscar Aitken Partner +56 2 2928 2223 [email protected]

Francisca Corti Partner +56 2 2928 2212 [email protected]


Constanza Trisotti Associate +56 2 2928 2212 [email protected]


 



This news alert is provided by Carey y Cía. Ltda. For educational and informational purposes only and is not intended and should not be construed as legal advice.


 


 



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