Do you know how the quota law for PCD works?

THE quota law for PCD was enacted in 1991 to guarantee the inclusion of people with disabilities in the labor market. Throughout this post, you will better understand how it works in practice and who is entitled to this vacancy.

What is the quota law for the disabled?

The quota law for PCDs, officially called the Quota Law (Article 93 of Law No. 8,213 / 91), establishes that companies with one hundred or more employees fill a portion of their positions with people with disabilities.

The reservation of vacancies depends on the total number of employees that the company has. For example, companies that have between 100 and 200 employees, must reserve 2% of vacancies to PCDs. Companies with more than 1000 employees, on the other hand, need to reserve 5% of the positions.

The table below details the percentage of vacancies reserved for PDCs according to the total number of employees of the company:

I – from 100 to 200 employees …………… .2%

II – from 201 to 500 …………………………… 3%

III – from 501 to 1,000 ……………………… .. 4%

IV – from 1,001 onwards …………………. 5%

Quota law for PCD: how does it work in practice?

Following the law on quotas for PCD, companies must promote the inclusion of disabled people in the labor market, opening and reserving vacancies to employ people with disabilities.

A company with 500 employees, for example, must reserve 15 places for PCDs. A company with 1,000 employees must reserve 40 vacancies for people with disabilities. And a company with 5,000 employees, must employ 250 people with disabilities.

In practice, data from a survey by the Special Secretariat for Social Security and Labor indicate that of the nearly 800 thousand vacancies reserved for PCDs in public administration, public companies, mixed economy companies and private companies, less than 400 thousand are filled.

It is worth noting that these data, which are from 2018, point to a percentage of occupancy of PCDs vacancies of 50.6%. Just four years earlier, in 2014, this percentage was 36.4%. This basically means two things. First, that companies are trying harder to meet quotas. In addition, it means that there are still opportunities open for people with disabilities who are looking for a place.

Of course, there is still a long way to go to actually include people with disabilities in the labor market, especially in relation to the companies’ own understanding of disabilities, but the data indicates that some work is being done and that we are moving forward a few steps.

Who is entitled to the PCD quota?

The quota law applies to people with physical, hearing, visual, mental or multiple disabilities, whether visible or not in the workplace. Your condition as a person with a disability can be proven through a medical report and a Professional Rehabilitation Certificate issued by the INSS.

According to the law, a person with a disability is considered to have a limitation or disability for the performance of activity and falls into the following categories:

physical disability: complete or partial alteration of one or more segments of the human body, causing impairment of physical function, presenting itself in the form of paraplegia, paraparesis, monoplegia, monoparesis, tetraplegia, tetraparesis, triplegia, triparesia, hemiplegia, hemiparesis, ostomy, amputation or absence of limb, cerebral palsy, dwarfism, limbs with congenital or acquired deformity, except for aesthetic deformities and those that do not cause difficulties in performing functions;

hearing deficiency: bilateral, partial or total loss, of forty-one decibels (dB) or more, measured by audiogram in the frequencies of 500Hz, 1,000Hz, 2,000Hz and 3,000Hz;

Visual impairment: blindness, in which visual acuity is equal to or less than 0.05 in the best eye, with the best optical correction; low vision, which means visual acuity between 0.3 and 0.05 in the best eye, with the best optical correction; cases in which the sum of the visual field measurement in both eyes is equal to or less than 60o; or the simultaneous occurrence of any of the above conditions;

intellectual / mental disability: intellectual functioning below average, with manifestation before the age of eighteen and limitations associated with two or more areas of adaptive skills such as communication, social skills, personal care, use of community resources, health and safety, academic skills, leisure and work;

multiple disability: association of two or more disabilities; and

Reduced mobility: one who, not falling under the concept of a person with a disability, has, for whatever reason, difficulty moving, permanently or temporarily, generating effective reduction in mobility, flexibility, motor coordination and perception.

How should the guarantees given to the PCD at work be?

The disabled person has all rights guaranteed by the CLT. In addition, you can have flexible and reduced hours, with proportional salary, depending on your degree of disability and your need for medical treatment.

PCDs are also entitled to professional qualification and rehabilitation, tasks and routines appropriate to their peculiarities and adaptation of the physical work environment to allow accessibility.

If you are a person with a disability, register your resume at VAGAS.com.br and access numerous employment opportunities for PCD. If you already have a registration, update it here.