Senate Approves New Labor Compliance Standard

With unanimous approval from the Mexican Senate, a new compliance measure added to the Federal Labor Law (LFT) will require companies with over 20 staff members to reserve at least 5 percent of their employment positions for people with disabilities. After final ratification by the Chamber of Representatives, this landmark legislation will act as a motivating force to incorporate this often marginalized labor force. 

"One of the most painful and heartfelt issues for people with disabilities is precisely not being able to be included in companies to develop a career," said Senator Patricia Mercado (MC), Minister, Senate Labor and Social Welfare Commission. According to the legislator, while the country has made great progress in the recognition of the inherent rights of people with disabilities, labor laws have fallen short as indicated by the low employment rate of this population at a national level.

In Mexico about 21 million people live with a limitation or disability, according to the National Institute for Statistics and Geography (INEGI). Despite representing 16 percent of the national population, this minority group has been actively disenfranchised from participating in the labor market. Barriers to entry, low remuneration and limited opportunities for growth have effectively sidelined this group as reflected by their low representation in the formal labor market. 

Within the formal labor market, only 19 percent of occupations are held by people with disabilities, who are often paid less than their non-disabled counterparts according to findings by the National Council for the Development and Inclusion of Persons with Disabilities (CONADIS) and the Secretary of Social Development (SEDESOL). In light of these findings, legislators have found it imperative to intervene with meaningful legislative changes meant to protect people from discrimination.  

“It is time to tear down the walls that marginalize millions of people from employment and thereby pay off the debt that the State owes to that population,” stressed Patricia Mercado, Legislator, Movimiento Ciudadano.

The 5% labor inclusion quota is just one of the new obligations that employers could have if the reform is endorsed by the Chamber of Representatives. Companies would also be forced to establish criteria and procedures that favor the recruitment and permanence of people with disabilities, sensitize recruiting staff on issues of labor inclusion and make reasonable adjustments within organizations to ensure access to the physical environment, information, communication and other services.