We share below the main points to consider regarding this campaign.

1. How should we respond if we receive a communication from SUNAFIL within the framework of this campaign?

Companies from different sectors have been receiving communications from SUNAFIL, requesting them to submit documentation proving compliance with the employment quota for people with disabilities.

We present below some guidance for companies that have received or will receive these communications in the following days.

• Check the deadline for complying with the request for information, ensuring clarity on the expiration date and avoiding exceeding it, despite SUNAFIL's usually reasonable deadlines for these campaigns.
• Check the details of the information requested and ensure that your organization has the required documentation, either to prove compliance with the employment quota for people with disabilities or to prove that the company qualifies for an exemption from meeting the quota.
• Avoid ignoring or not responding to the authority's request, as this increases the risk of subsequent audits.

2. What does Peruvian legislation establish regarding the employment quota for people with disabilities?

• Companies with more than 50 employees are required to hire people with disabilities in a proportion of at least 3% of their total payroll. The quota is calculated based on the number of workers registered in the payroll from 1 January to 31 December of each year.
• The worker's disability condition must be evidenced by a "disability certificate."
• Employers that did not comply with the quota for employing people with disabilities will not be penalized in the following cases:

1. No new jobs or vacancies were created during the year under audit.
2. No new jobs or vacancies were created during the year under audit; however, all of the following conditions were met:
   1. It was not possible to incorporate personnel with disabilities for technical or risk-related reasons associated with the job position.
   2. It was not possible to hire personnel with disabilities despite offering the job position through the Ministry of Labor and Employment Promotion's job bank and other complementary services.
   3. It was not possible to incorporate personnel with disabilities despite job advertisements containing no discriminatory or biased requirements.
   4. It was not possible to incorporate personnel with disabilities despite the recruitment process guaranteeing the effective exercise of their rights.

Companies that fail to comply with these obligations may be sanctioned for serious and very serious labor violations, with fines up to PEN 281,035.50. Additionally, they risk being subject to discrimination claims.

Our advice

We recommend employers ensure they have all legally required documentation regarding the employment quota for people with disabilities. Additionally, employers should verify that their recruitment processes include all necessary steps to avoid fines, even if they do not meet the required percentage of personnel with disabilities.

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We hope this information is of relevance to you and your company. Please do not hesitate to contact us if you require any advice in this regard.

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