Law NO. 21,015 ENCOURAGES THE INCLUSION OF PERSONS WITH DISABILITIES TO THE WORLD OF WORK Having present that the National Congress has given its approval to the following bill originating in the recused Motions of the H. Hasbun Selume, Patricio Melero Abaroa, Jorge Sabag Villalobos, Fidel Espinoza Sandoval, Carlos Abel Jarpa Wevar, Victor Torres Jeldes, Fuad Chahin Valenzuela, and Felipe Ward Edwards and ladies Claudia Nogueira Fernandez, Marisol Turres Figueroa, Andrea Molina Oliva, and former members of the Chamber of Deputies, Gonzalo Uriarte Herrera, Enrique Accorsi Opazo, Miodrag Marinovic Solo de Zaldivar and ladies Monica Zalaquett Said, Maria Angelica Cristi Marfil, Maria Antonieta Saa Diaz, Bill: " Article 1.-Amend Law No 20,422, which lays down rules on equal opportunities and inclusion (ii) the name of a person with a disability, in the following terms: 1. Replace the name of paragraph 3 of Title IV by the following: "Of the inclusion of the work and the training". 2. Substitute Article 45 for the following: " Article 45.-In the staff selection processes, the organs of the State Administration referred to in Article 1 of Law No. 18,575, the constitutional organ of the General Bases of the State administration, whose consolidated, coordinated and systematized text was established by the decree with force of law No. 1/19,653, 2000, of the Ministry General Secretariat of the Presidency, the National Congress, the Judicial Branch, the Ministry Public, the Constitutional Court, the Electoral Service, the Electoral Justice and other courts Special provisions created by law, will preferably select, on equal terms of merit, persons with disabilities. In the institutions referred to in the preceding subparagraph, which have an annual allocation of 100 or more officials or employees, at least 1% of the annual allocation shall be persons with disabilities or persons with a disability pension any pension scheme. Persons with disabilities must have the qualification and certification established by this law. In the case of the Armed Forces, the Forces of Order and Public Security and the Gendarmerie of Chile, the obligation set out in the previous paragraph will only consider its civilian personnel. The chief superior or maximum head of the body, service or institution concerned shall take the necessary measures to comply with the obligation referred to in the second subparagraph. In the event that their full or partial compliance is not possible, the entities mentioned above must submit a report to the National Directorate of the Civil Service and the National Disability Service, explaining the reasons for this. Only justified reasons are those relating to the nature of the functions carried out by the body, service or institution, not having quotas available for staff and the lack of applications which comply with the respective requirements. A regulation issued by the Ministry of Labor and Social Welfare and signed by the Ministers of Finance and Social Development shall establish for the organs of the State Administration indicated in the first paragraph, the parameters, procedures and other elements necessary to comply with the obligations set out in this Article or to justify their excuse. In the case of the National Congress, the Judicial Branch, the Public Ministry, the Comptroller General, the Central Bank, the Constitutional Court, the Armed Forces, the Order and Public Security Forces, the Electoral Service, the Electoral Justice and other special courts created by law, it will be their own organs who will have to dictate the norms necessary to comply with the provisions of this article. In these institutions, where the maximum number of staff is consulted in the Public Sector Budget Law or in any other particular standard, the maximum allocation shall be set at the level laid down therein. " 3. Replace, in Article 47, the term "without limitation of age" by "up to the age of 26 years". Article 2.-Substitute the third indent of Article 17 of Law No. 18,834 on Administrative Regulations, the consolidated, coordinated and systematized text of which was set by the decree with force of law No. 29, 2004, of the Ministry of Finance, by the following: " Prohibit any act of arbitrary discrimination that translates into exclusions or restrictions, such as those based on race or ethnicity, socioeconomic status, language, ideology or political opinion, disability, religion or belief, syndication or participation in or lack of associations, sex, sexual orientation, gender identity, marital status, age, affiliation, personal appearance or disease, which are intended to annul or alter equal opportunities or treatment in employment. ' Article 3.-Amend Title III of book I of the Labour Code as follows: 1. Replace your name by the following: "From the Rules of Procedure and the Employment Inclusion of Persons with Disabilities". 2. Intercalase, a continuation of the above mentioned heading: "Chapter I of the Rules of Procedure" 3. Following Article 157, the following Chapter II and Articles 157 a and 157 b of which make it: ' Chapter II of the Employment Inclusion of Persons with Disabilities Article 157 bis.-Companies of 100 or more workers shall be required to to recruit or maintain, as appropriate, at least 1% of persons with disabilities or who are assigned to an invalidity pension of any pension scheme, in relation to the total of their employees. Persons with disabilities shall have the qualification and certification referred to in Article 13 of Law No 20,422. The employer must register the employment contracts concluded with persons with disabilities or persons with an invalidity pension of any pension scheme, as well as their changes or terms, within 15 days of their This information will be maintained by the website of the Directorate of Labour, which will keep an up-to-date record of the above. The audit of the provisions of this Chapter shall be carried out by the Directorate-General for Work, with the exception of the fourth indent of the following Article, in respect of the rules laid down in point (b) of that Article. A regulation issued by the Ministry of Labor and Social Welfare and signed by the Ministers of Finance and Social Development will establish the parameters, procedures and other elements necessary to comply with the provisions of this Regulation. chapter. Article 157 (b)-Companies which, for justified reasons, cannot fully or partially comply with the obligation laid down in the first indent of the previous Article, must comply with it in an alternative manner, by executing any of the following: Measures: (a) To conclude contracts for the provision of services with companies that have contracted persons with disabilities. (b) make donations in money to projects or programmes of associations, corporations or foundations referred to in Article 2 of Law No 19,885. Only those arising out of the nature of the functions carried out by the undertaking or the lack of persons interested in the job offers which have been formulated shall be considered as justified. The annual amount of contracts concluded in accordance with point (a) of this Article shall not be less than the equivalent of 24 minimum monthly income for each worker who was to be recruited by the undertaking. The donations provided for in point (b) of this Article shall be subject to the provisions of Law No 19,885, as applicable, and with the exceptions set out below: 1.-These donations shall not be eligible for the appropriations and tax benefits as set out in Articles 1 and 1a. However, for the purposes of the Law on Income Tax, contained in Article 1 of Decree Law No. 824 of 1974, they shall have the quality of expenditure necessary to produce the income in accordance with Article 31 of the referred to as legal body. 2.-Donations shall be directed towards projects or programmes of associations, corporations or foundations whose social object includes training, rehabilitation, promotion and promotion for the creation of jobs, hiring or employment of the persons with disabilities. 3. Donations may not be made to institutions in whose directory the donor, his or her spouse, his or her civilian life, or his or her relatives in the ascending or descending order, participate up to the third degree of consanguinity. Where the donor is a legal person, he may not make donations to institutions in whose board members or directors or shareholders who hold 10% or more of the share capital, or spouses, civil servants or other persons, participate. relatives ascending or descending to the third degree of consanguinity of such partners, directors or shareholders. 4.-The annual amount of donations made may not be less than the equivalent of twenty-four minimum monthly income and not more than 12 times the maximum taxable amount set out in Article 16 of Decree Law No. 3,500 of 1980. of each worker who was to be hired by the company. 5.-The total limit laid down in Article 10 shall not apply to donations referred to in this law. Companies implementing any of the measures referred to in points (a) and (b) of this Article shall forward an electronic communication to the Directorate of Labour, with a copy to the Social Assessment Secretariat of the Ministry of Development. Social, to Service N national disability and the Internal Revenue Service. The company must indicate in this communication the reason relied on and the measure taken. This communication shall be made during the month of January of each year and shall be valid for 12 months. ' Article 4.-The Ministry of Labor and Social Welfare and Social Development shall jointly evaluate the results of the implementation of this law every four years, and shall inform the Committee of Labor and Social Welfare of the Senate and the Commission on Social Development, Superation of Poverty and Planning of the Chamber of Deputies. Article 5.-Rule 16 of Law No 18.600. Article 6.-Amend point (g) of Article 2 of Law No 16.395, which lays down the recast of the law on the organisation and powers of the Social Security Superintendence, in the following manner: 1. Intercalase the following third paragraph: " The System shall also incorporate information in respect of persons who are assigned to an invalidity pension of any pension scheme, which the pre-viewing and security agencies "......................................................................... Social provision shall have access to such a system and to information which is necessary only for the exercise of their duties. In this case, the processing and use of the personal data carried out by the sub-secretariats will fall within the scope of their competence. Such sub-secretariats and their staff shall be required to keep the information that they are aware of and to refrain from using such information in their own or third-party interests. For the purposes of the second paragraph of Article 125 of Law No. 18,834, on Administrative Staff Regulations, the consolidated, coordinated and systematized text of which was established by the decree with force of law No. 29, 2004, of the Ministry of Hacienda, it shall be estimated that the facts which set out infringements of this provision seriously infringe the principle of administrative probity, without prejudice to other penalties and responsibilities. ' TRANSITIONAL PROVISIONS Article 1. This law shall enter into force on the first day of the month following the publication in the Official Journal of the Regulations referred to in Articles 1 and 3 thereof. Article 2.-Within six months of the date of publication of this law, the regulations referred to in Articles 1 and 3 shall be issued, as shall the necessary rules of the institutions specified in Article 1 thereof. Article 3.-In order to comply with the obligation laid down in Article 3 (3) of this Law, employers must register on the website of the Directorate of Labour and within six months after their entry into force, the existing employment contracts of persons with disabilities or who are assigned to the invalidity pension of any pension scheme. Article 4. During the third year counted from the entry into force of this law, the Ministries of Labor and Social Welfare, Social Development and Finance shall jointly evaluate the implementation and implementation of the reserve. (a) the legal basis for the recruitment of persons with disabilities and the provision of an invalidity pension of any pension scheme, in the public and private sector, laid down in Articles 1 and 3 of this Law, respectively. This report should consider the impact of the existing legal reserve and make a proposal on the maintenance or increase of the reserve, if the background so warrants. It should also assess the effects on companies subject to this obligation by size, type of production activity and geographical location. Similarly, it will have to review the implementation and the results of alternative compliance measures, making proposals for improvement, if necessary. The report will be sent to the Senate Labor and Social Security Commission and the Labor and Social Security and Social Development, Poverty Superation and Planning Committees of the Chamber of Deputies, and will be published on the website. of these ministries. Article 5-Companies of 100 and up to 199 employees shall be subject to the obligation laid down in the first paragraph of Article 157 bis of the Labour Code, introduced by Article 3 of this Law, from the end of the first year counted from the entry into force of this law. Article 6.-During the first two years counted from the entry into force of this law, undertakings may choose to comply with the obligation laid down in the first paragraph of Article 157 bis of the Labour Code, introduced by the Article 3 of this Law, by means of the direct recruitment of workers or by means of any of the measures laid down in Article 157 ter of the Labour Code, introduced by this same legal body, without the need for a reason ". Having complied with the provisions of Article 93 (1) of the Constitution of the Republic of the Republic, and because I have had the right to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, May 29, 2017.-MICHELLE BACHELET, President of the Republic.-Marcos Barraza Gómez, Minister of Social Development.-Rodrigo Valdés Pulido, Minister of Finance.-Alejandra Krauss Valle, Minister of Labour and Social Welfare. What you communicated to you for your knowledge.-Juan Eduardo Faundez Molina, Assistant Secretary for Social Services. Constitutional Court Bill that encourages the inclusion of persons with disabilities into the world of work, corresponding to the bulletins Nºs. 7.025-31 and 7.855-13 The Secretary of the Constitutional Court, who subscribes, certifies that the Honorable Chamber of Deputies sent the bill enunciated in the rubric, approved by the National Congress, in order for this Court to exercise the preventive control of constitutionality with respect to Article 1 of the bill, which contains the amendments made to Article 45 of Law No 20,422; and, which this Magistracy, by judgment dated 16 May 2017, in the process Role No 3.434-17-CPR. It is declared: 1 °. That the articles to be mentioned, of the bill, are in accordance with the Political Constitution: a. Article 1, first, second, third, fourth and sixth, which replaces Article 45 of Law No. 20,422. b. Article 2, which replaces the third paragraph of article 17 of Law No. 18,834, on Administrative Statute, the text of which was recast, coordinated and systematized by the DFL No. 29, 2004, of the Ministry of Finance. c. Article 6 (2), sixth subparagraph, in the sentence ' it shall be estimated that the facts which set out infringements of this provision seriously infringe the principle of administrative probity, without prejudice to other sanctions and responsibilities which '', which modifies the literal g) of article 2 of Law No. 16.395, which Fija the Recast Text of the Law of Organization and Privileges of the Superintendence of Social Security. 2 °. That this Constitutional Court does not issue a pronouncement, in preventive examination of constitutionality, for not dealing with matters of constitutional organic law, of the following provisions: a. Article 1, fifth indent, which replaces Article 45 of Law No 20,422. b. Article 6, which modifies the literal g) of article 2 of Law No. 16.395, which Fixed the Recast Text of the Law of Organization and the Privileges of the Superintendence of Social Security, with the exception of the number of the second paragraph, 2nd paragraph, in the sentence " considers that the facts which set out infringements of this provision seriously infringe the principle of administrative probity, without prejudice to any other sanctions and responsibilities which may be imposed. ' Santiago, May 16, 2017.-Rodrigo Pica Flores, Secretary.