Mandatory hiring of people with disabilities and certification process

In accordance with the provisions of Article 15 of Law 2466 of 2025, and in line with the constitutional principles of equality and workplace inclusion, the legislature has established a mandatory requirement aimed at ensuring the effective integration of people with disabilities into the formal labor market.

1. Scope of Application and Mandatory Quotas

The obligation applies to all employees with one hundred (100) or more permanent employees and is structured under a system of progressive quotas:

• Companies with 100 to 500 employees: must hire two (2) employees with disabilities for every 100 employees.

• Companies with 501 or more employees: in addition to the above, they must hire one (1) additional employee with a disability for every 100 employees.

Example:

• 100 employees → 2 employees with disabilities

• 200 employees → 4 employees

• 500 employees → 10 employees

• 600 employees → 11 employees

This is a progressive and permanent obligation that takes effect as soon as the company reaches the threshold of 100 employees.

2. Certification of disability: eligibility requirement

For compliance purposes, the disability must be duly certified in accordance with the guidelines of the Ministry of Health and Social Protection. The process for issuing the certification must be initiated by the individual with the EPS to which they are enrolled, in accordance with current administrative regulations.

3. Reporting Obligation

The employer must report the hiring to the Ministry of Labor within fifteen (15) days of hiring, thereby enabling the corresponding government oversight.

4. Benefits and Incentives for Workplace Inclusion

Beyond its mandatory nature, the hiring of people with disabilities is accompanied by a system of legal incentives and competitive advantages. In accordance with Law 361 of 1997, employers are eligible for:

• Income tax deductions on wages and benefits paid to workers with disabilities during the corresponding taxable period.

• A 50% reduction in the mandatory quota of apprentices for companies that meet the inclusion quota, as well as priority in public procurement processes.

• Recognition in corporate social responsibility programs and certification in corporate sustainability standards.

5. Implementation Deadline

This provision will be fully enforceable as of June 26, 2026.

It is worth noting that the obligation to comply arises as soon as an employer reaches 100 employees, becoming a legally enforceable, verifiable, and punishable commitment that requires proper legal and operational management.

The Labour Practice at Cavelier Abogados stands ready to advise and assist you in the implementation process and in developing compliance strategies.

WRITTEN BY: LENY CORTEZ

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