Peru - Disability:IN

Region: Americas

Disability Definition

“Persons with disabilities have one or more permanent physical, sensory, mental or intellectual impairments which in interaction with various attitudinal and environmental barriers, may hinder or limit their full exercise of rights or full and effective inclusion in society, on an equal basis with others”.

Law No. 29973

Reference: Peru Law No. 29973, General Law on Persons with Disabilities

Legislation

General Law on Persons with Disabilities, Law No. 29973: Purpose is to establish the legal framework for the promotion, protection and fulfillment of the rights of persons with disabilities, on an equal basis with others, by promoting their development and full and effective inclusion in political, social, economic, cultural and technological life.

Employer Legal Requirements

Based on requirements stated in the General Law on Persons with Disabilities (Article 49), “public entities have the obligation to hire persons with disabilities in a percentage no less than 5% of the total amount of workers; in the case of private entities with more than 50 workers, they must hire no less than 3%”.

“Prior to any recruitment process, public entities must verify the compliance of the 5% quota, regardless of the employment regime. Public entities that do not comply with the employment quota are subjected to the established procedure defined in the regulations of this law”.

Reference: Peru Law No. 29973, General Law on Persons with Disabilities

Accessibility Requirements

General Law on Persons with Disabilities (Article 50):

Persons with disabilities have the right to reasonable accommodation in their work place. These measures include the adaptation of working tools, machinery and work environment, and the adjustment in the work organization and schedules, with regard to the needs of the person with disabilities.

The Labour and Employment Promotion Ministry and the regional governments provide advice and guidance to employers in the implementation of reasonable accommodation for persons with disabilities in the work place. Public and private employers generating third category income have an additional income tax deduction estimated over the expenses for the implementation of reasonable accommodation for persons with disabilities in a percentage fixed by Supreme Decree of the Economy and Financing Ministry.

Employers implement reasonable accommodation, unless they are able to prove that these impose an excessive economic burden, in accordance to the criteria fixed by the Labour and Employment Promotion Ministry.