Introduction to the Reform Proposal
The Mexican Senate is considering a reform to the Federal Labor Law (LFT) that aims to establish a minimum 3% quota of employees with disabilities in company workforces. This initiative seeks to promote inclusion, ensure equal opportunities, and prevent discrimination.
Background on the Issue
Senator Claudia Edith Anaya Mota, from the Institutional Revolutionary Party (PRI), introduced a proposal to amend various articles of the LFT, including Article 7. This amendment would oblige employers to have at least 3% individuals with disabilities in their workforce.
Although Mexican labor law prohibits discrimination, it does not mandate a quota for hiring people with disabilities. However, it sets a minimum percentage of Mexican employees (90%) and a maximum of 10% foreign workers.
Globally, people with disabilities make up 15% of the world’s population, according to the International Labour Organization (ILO). Despite this, eight out of ten are of working age but remain unemployed due to a lack of opportunities.
Current Situation in Mexico
In Mexico, only 40.6% of the 8.8 million people with disabilities participate in economic activities, as per the latest National Survey of Dynamic Demographics (ENADID) by the National Institute of Statistics and Geography (Inegi).
Key Aspects of the Proposed Reform
The senator emphasizes that inclusive employment is now a crucial component of human capital development policy and should be a central value in current political thinking.
The reform also aims to modify Articles 2 and 3 of the LFT to ensure dignified work conditions and optimal safety and health standards for people with disabilities, preventing work-related risks. It also seeks to implement “reasonable adjustments” ensuring substantive equality.
Another modification in the legislative proposal is reforming Article 132, requiring employers to inform unions about modifications in collective contracts and job positions, ensuring that 3% are occupied by people with disabilities.
The proposal also foresees implementing a discrimination prevention protocol and adding a new employer obligation in Article 153-A, ensuring training and promotion opportunities for these workers.
Disability Employment in Mexico
According to the International Labour Organization, inclusive employment requires providing necessary support and reasonable adjustments for people with disabilities to participate in the workforce.
However, Mexico’s Constitution and LFT only prohibit discrimination based on disability but lack clear strategies or rules to help integrate this population into the workforce.
Inegi data shows that only four out of ten people with disabilities work, and just 1.5% of the 7 million businesses in Mexico employ individuals with disabilities.
States most committed to inclusive employment are Quintana Roo, Baja California Sur, Querétaro, Nuevo León, and Baja California, with 10-11% of disabled individuals in the labor market.
Most people with disabilities work for microenterprises (86.8%), small and medium businesses (10%), while large corporations employ only 1.5% of the disabled population, mainly in commerce, services, and manufacturing.
Senator Anaya Mota highlights that inadequate infrastructure for people with disabilities in workplaces and transportation contributes to their unemployment, representing a form of discrimination.
Benefits of Increased Employment for People with Disabilities
Senator Anaya Mota adds that diversity policies are essential for corporate competitiveness, but achieving an inclusive world requires creating workplaces that offer stable and sustainable employment for people with disabilities.
Benefits include an increase in effective talent for companies, as per The Adecco Group. These benefits translate into enhanced skills such as creativity, innovation, and flexibility; a sense of belonging, improved reputation, and employee motivation.
This initiative aims to emphasize the rights of people with disabilities in line with international recommendations. However, this proposal is not new; a similar reform was previously introduced and approved in the Senate but stalled in the Chamber of Deputies.
Key Questions and Answers
- What is the proposed reform about? The Mexican Senate is considering a reform to the Federal Labor Law (LFT) that aims to establish a minimum 3% quota of employees with disabilities in company workforces.
- Why is this reform necessary? Despite labor law prohibiting discrimination, it lacks a mandatory quota for hiring people with disabilities. This reform seeks to promote inclusion, equal opportunities, and prevent discrimination.
- What percentage of people with disabilities are currently employed in Mexico? Only 40.6% of the 8.8 million people with disabilities in Mexico participate in economic activities.
- What are the key aspects of the proposed reform? The reform aims to ensure dignified work conditions, optimal safety and health standards, and reasonable adjustments for people with disabilities. It also seeks to implement a protocol to prevent discrimination and obligate employers to provide training and promotion opportunities for these workers.
- What are the benefits of increased employment for people with disabilities? Increased employment of people with disabilities can lead to enhanced talent, creativity, innovation, and flexibility for companies, along with improved reputation and employee motivation.
