The implementation of an employment quota system for people with disabilities represents a fundamental step toward social and professional inclusion, promoting equal opportunities and combating discrimination in the labor market.
Luís Almeida Carneiro, in collaboration with Nucase, had the opportunity to write about the employment quota system for people with disabilities.
Law No. 4/2019 aims to establish an employment quota system for people with a degree of disability equal to or greater than 60%, ensuring their hiring by private sector companies and public entities. This system applies to medium-sized companies (75 to 249 employees) and large companies (250 or more employees), and covers employment contracts governed by the Labor Code.
Medium-sized companies must ensure that at least 1% of their workforce consists of employees with disabilities, while large companies are required to meet a minimum of 2%. The quota compliance is based on the average number of employees in the previous year. The verification of these requirements is carried out in the following year, based on the “Relatório Único” (Single Report) submitted by the employer.
In companies with more than 100 employees, compliance with the quota has been mandatory since February 1, 2023. For companies with between 75 and 100 employees, compliance has been mandatory since February 1, 2024. On the other hand, companies that reached the threshold of a medium-sized (≥ 75 employees) or large company (≥ 250 employees) after 2020 are granted an additional two-year period to adapt to the law.
During the transitional period, from January 1, 2020, until the quota requirement becomes mandatory, companies must ensure that at least 1% of their annual hires are individuals with disabilities.
Non-compliance with the quotas constitutes a serious administrative offense and may result in fines and even exclusion from public tenders.
Law No. 4/2019, of January 10, promotes the professional inclusion of people with a disability equal to or greater than 60%, ensuring their access to the labor market. This means that companies must pay close attention to the deadlines, as well as to the technical support available to ensure the correct implementation of the system.
