Find out everything about the General Law of Persons with Disabilities in Peru and much more.
Labor Situation of People with Disabilities and Peruvian Regulations
As we know, in Peru there are more than 1.5 million people with disabilities and in employment terms we are still very far from being an inclusive country with this group of people. The objective of this article is to understand a little the normative trajectory in our country towards people with disabilities and to serve as a guide to improve our knowledge of the subject and thus promote social inclusion.
We are going to briefly describe the scope of 4 laws that contribute to the formation of the legal framework around people with disabilities in Peru.
- Law No. 23285
- Law N ° 24067
- Law N ° 27050
- Law No. 29973
Then we will develop in greater detail Law No. 29973, its scope, benefits and amendments to understand the current context in which we find ourselves.
1: Law No. 23285
Name: Labor law for people with physical, sensory and intellectual limitations.
- Year of publication in the Diario El Peruano: 1981-10-17
- Adoption year: 1981-10-16
Summary of Law No. 23285:
- 50% accounting bonus on the full amount of labor for private and public sector companies that employ these people.
- Obtaining a certificate for people who wish to work extended by entities authorized by the Peruvian State.
- People with disabilities who enter to work in companies under this modality must receive all benefits by law.
See Law No. 23285
2: Law No. 24067:
Name: Law of promotion, prevention, rehabilitation and provision of services to the disabled, in order to achieve their social integration.
- Year of publication in the Diario El Peruano: 1985-01-12
- Adoption year: 1985-01-08
- Repealing Text: Law N ° 27050
Summary Law No. 24067:
- Regulation of the health benefits system and education, work and social promotion services.
See Law N ° 24067
3: Law N ° 27050:
Name: General Law of Persons with Disabilities
- Year of publication in Diario El Peruano: 1999-01-06
- Adoption year: 1998-12-18
- Repealing text: Law N ° 29973
Summary Law No. 27050:
- Establishes scope of development and social, economic and cultural integration.
- Establishes rights and roles of the State and family.
- Creation of the National Council for the Integration of Persons with Disabilities – CONADIS
- Certification and Registration by CONADIS
- It establishes provisions against discrimination against people with disabilities.
- Promotion of programs through CONADIS in coordination with the Ministry of Labor and Social Promotion.
- Deduction of expenses on the total amount of remuneration
- Definition of Promotional Companies for People with Disabilities.
See: Law N ° 27050
4: Law No. 29973:
Name: General Law of Persons with Disabilities
- Adoption year: 2012-12-13
- Year of publication in Diario el Peruano: 2012-12-24
- Amended by: Law N ° 30412 (Modifies Article 20 of Law N ° 29973 – General Law on the disabled person) / Law N ° 30121 (Modifies Law N ° 29973 – General Law on the disabled person)
Summary of Law No. 29973:
- It establishes the legal framework for the promotion, protection and realization, under conditions of equality, of the rights of persons with disabilities.
- It promotes full and effective inclusion in political, economic, social, cultural and technological life.
- Right to accessibility developed.
- Right to work under equal conditions, opportunities and remuneration.
- Promotion and bonus measures in public merit competitions.
- Employment quota of public entities: 5% of all its personnel.
- Private employer employment quota: Not less than 3% if they have more than 50 workers on the payroll.
- Right to reasonable accommodation in the workplace and additional deduction of third category income tax on reasonable accommodation expenses.
- Promotional companies for people with disabilities.
Texts repealed by Law No. 29973 :
- Supreme Decree No. 002-2010-MINDES by which they approve Regulation of Law No. 29392, Law that establishes infractions and sanctions for non-compliance with the General Law on Persons with Disabilities and its Regulations.
- Law No. 29392 that establishes infractions and sanctions for non-compliance with the General Law of the person with disabilities and its regulations.
- Law No. 27050.
See Law N ° 29973:
Law for people with disabilities in force 2017 – Law No. 29973:
The Law 29973 aims to establish the legal framework for everything related to life and protection of rights of a disabled person. This seeks the good development of the person and an effective participation in the political, economic, social, cultural and technological life of our country.
It is important to start by understanding how this regulation defines people with disabilities. We have seen that it can be a bit difficult to define a person with a disability with so much existing terminology. In Law 29973 a person with a disability is defined as:
The person with a disability is one who has one or more permanent physical, sensory, mental or intellectual deficiencies that, when interacting with various attitudinal and environmental barriers, does not exercise or may be impeded in the exercise of their rights and their full inclusion and effective in society, under the same conditions as the others.