Inclusive hiring of people with disabilities in Colombia

Inclusive Hiring of People with Disabilities in Colombia: Legal Guide, Benefits, and Practical Strategies

The inclusion of people with disabilities (PcD) in the workforce is a legal and social priority in Colombia. However, many companies are still unsure about how to hire legally, what tax benefits are available, or how to adapt their selection processes. This comprehensive and practical guide addresses the following topics:

• The current legal framework regarding PcD in Colombia.
• The types of recognized disabilities, including emerging conditions such as autism.
• Tax benefits and operational advantages for employers.
• How to legally manage dismissals without discrimination.
• Recommendations for effective integration into the work environment.
• A step-by-step guide to accessing Colombian government incentives.

1. Current Legal Framework in Colombia

1.1 Main Applicable Laws

• Law 361 of 1997: Establishes measures for labor integration, accessibility, tax benefits, and special protection against dismissal.
• Law 1618 of 2013: Guarantees effective access to rights, reasonable accommodations, accessible environments, and affirmative actions.
• Colombia is a signatory to the UN Convention on the Rights of Persons with Disabilities and the Inter-American Convention, integrated into the constitutional framework.

1.2 Reinforced Job Security

According to Article 26 of Law 361, a person with a disability cannot be dismissed without prior authorization from the Ministry of Labor. Dismissal without such authorization creates a presumption of discrimination and an obligatory compensation of 180 days' salary.

However, this presumption allows for rebuttal: if the employer demonstrates an objective and legal cause, the dismissal can be authorized without penalties. We will explain how to do this correctly later.

2. Recognized Types of Disabilities

According to Resolution 113 of 2020 and international standards (CIF-OMS), the following are recognized in Colombia:

1. Physical disability: permanent or temporary motor difficulties.
2. Hearing disability: partial or total hearing loss.
3. Visual disability: low vision or blindness.
4. Deafblindness: combination of visual and hearing impairment.
5. Intellectual disability: affects reasoning, learning, and adaptation.
6. Psychosocial or mental disability: includes disorders such as schizophrenia, bipolar disorder, severe depression, obsessive-compulsive disorder, and autism (ASD).
7. Multiple disability: two or more combined conditions.

Also recognized are cases of visceral disability (e.g., chronic renal failure) that limit internal functions without external manifestations.

3. Effective Inclusion: How to Integrate PcD into the Workforce?

3.1 Job Design and Functions

• Develop functional profiles based on capabilities, not limitations.
• Job duties and goals should be equivalent to those of other workers, with reasonable accommodations.
• Flexible hours can be established if required by the health condition.

3.2 Reasonable Accommodations by Disability Type

3.3 Can the Salary Be Lower?

No. Salaries and benefits must be equal to those of any worker performing the same role. Disability does not justify salary differences, in accordance with Law 1618 and the principle of non-discrimination in the workplace.

4. Tax and Operational Benefits for Employers

4.1 200% Deduction on Income Tax

• Legal Basis: Law 361 of 1997, Article 31.
• Applies to: individuals with a certified disability of 25% or more.
• What is deducted: 200% of the amount paid for salary, social security, and social benefits.
• Requirements:
• Certificate issued by an EPS/IPS according to Resolution 1239 of 2022.
• Formal contract.
• Inclusion of documents in the income tax return to the DIAN.

4.2 Reduction in the SENA Apprentice Quota

• Applies if at least one worker has a ≥ 25% disability.
• The apprentice obligation is reduced by 50%.

4.3 Preference in Public Tenders

• Companies with at least 10% of their personnel with certified disabilities receive additional points (1%) in state processes.

4.4 Subsidies and Technical Support

• Entities such as INCI, ICBF, and MinTrabajo offer subsidies, advice, and equipment for physical or technological adaptation.

5. What if I Need to Terminate the Contract with a PcD?

Does the Presumption of Discrimination Prevent Dismissal?

No. It is possible to legally and safely dismiss a person with a disability if an objective cause is demonstrated and ministerial authorization is obtained.

Valid Objective Causes

• Just causes under the Substantive Labor Code.
• Documented poor performance.
• Closure, restructuring, or elimination of the position.
• Repeated breaches of contract.
• End of a fixed-term or project-based contract.

Real Authorized Cases

1. Employee with hearing impairment dismissed due to documented poor performance over 6 months. Authorized by MinTrabajo.
2. Company undergoing reorganization eliminated 15 positions, one held by a PcD. Authorized.
3. Termination of a project-based contract without renewal. Authorized.

6. Step-by-Step Guide to Requesting Government Benefits 📝

All benefits are maintained as long as the person is employed and has a valid certificate.

7. Success Stories and Experience of Servicio Legal SAS

• Companies such as Homecenter, Alkosto, and Juan Valdez have successfully implemented inclusion programs.
• Servicio Legal SAS has advised organizations on:
  • Job analysis.
  • Legal requests for authorized dismissals.
  • Access to tax benefits.
  • Design of inclusive policies and sustainability.

8. Conclusion: Profitable, Legal, and Strategic Inclusion

• Hiring people with disabilities is not a risk: it is an opportunity supported by law and the state.
• You can access tax benefits, reduce operational burdens, and improve your organizational culture.
• The key is to act with legal advice, clear processes, and conviction in inclusion.

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Ready to start or strengthen your inclusion strategy?
Servicio Legal SAS accompanies you from the initial diagnosis to labor integration and access to incentives. Contact us to build a leading company in legal, sustainable, and competitive inclusion. Contact Us