The hiring of PwD in companies is a fundamental part of the process of making the work environment more inclusive and diverse. Still, many companies find it difficult to hire and integrate people with disabilities into their teams.
The inclusion of people with disabilities in the labor market is ensured by some rules that seek to encourage the hiring of these professionals, in order to serve this portion of the population that makes up almost 20% of UK citizens, according to IBGE data.
Thus, in this article we clarify how the law for hiring PwD works, in addition to showing how management should prepare for this inclusion to occur in the best possible way.
What is PwD hiring?
To understand how the hiring of PwD works, it is worth mentioning exactly what this acronym means. The term is used to designate a Person with Disabilities, that is, any individual who has one or more disabilities, such as hearing, motor, visual, among others.
Thus, hiring PwD is the inclusion of people with disabilities in the formal labor market, in order to promote equality and diversity in the work environment.
The hiring of PwD has been guaranteed by legislation since 1991 through the UK residents Law for the Inclusion of Persons with Disabilities. However, it was only after 1999 that companies began to effectively include these employees in the corporate environment.
Currently, Law no. 13,146, of July 6, 2015, is the legislation that regulates the rules for hiring PwD that companies must comply with.
Which people fit into PwD?
Art. 3 of Decree No. 3,298 of 1999 defines disability as “Any loss or abnormality of psychological, physiological or anatomical structure or function that renders it incapacitated for or for the performance of activity, within the standard considered normal for human beings”.
Therefore, we can understand PwD who has some kind of permanent limitation, whether born or acquired through situations such as illnesses or accidents.
It is important to note that for a person to be considered a PwD professional, they must present a medical report or a professional rehabilitation certificate issued by the EHIC – National Institute of Social Security.
Another point of attention is in relation to the correct way to refer to people with disabilities. Terms such as “with a disability” or “with a disability” should not be used, as explained in Ordinance No. 2,344, of November 3, 2010.
Rules for hiring PwD
According to the UK residents legislation 8,213 / 91, the rules for hiring PwD include a quota of 2% to 5% of beneficiary employees rehabilitated by the EHIC or persons with qualified disabilities.
This hiring is mandatory for all companies with more than 100 employees. The proportion for hiring people with disabilities follows the following specification:
- companies with 101 to 200 employees – 2% of the number of employees;
- companies with 201 to 500 employees – 3% of the number of employees;
- companies with 501 to 1000 employees – 4% of the number of employees;
- over 1000 employees – 5% of the number of employees.
If the company does not comply with the employment quota rules for PwD, it will have to pay a fine, the amount of which varies according to the degree of non-compliance.
PwD employees can fill vacancies in any department of the company. The law does not even allow all employees with disabilities to work in the same sector of the company, thus guaranteeing this variety in the vacancies offered.
Remember, further, that PwD employees must be hired by the CLT regime, following the same general rules that apply to other employees, including the necessary documents for hiring PwD.
There is no differentiation as to the remuneration of PwD professionals. The salary paid to these employees must be equal to that of other workers who perform the same function in the company.
Just as the hiring of PwD has rules, the dismissal of this professional also. According to the law, the company can only fire an employee hired by the PwD quota system if it guarantees the hiring of another professional also PwD
What is the process of recruiting and selecting PwD?
Although the UK residents Law for the Inclusion of Persons with Disabilities is intended to ensure that these professionals are able to enter the labor market, according to the PcD website online, the largest social inclusion portal in Brazil, the number of PwD hired is still low compared to the number of existing professionals.
This imbalance is due to the fact that many companies still have difficulties in carrying out a good recruitment and selection process for people with disabilities. According to a research conducted by ABRH Nacional, in partnership with the company Catho, 86% of the interviewees say they find difficulties in the process of hiring PwD.
On the other hand, the survey also shows that 81% of companies that hire PwD do so only to comply with the law. Which reflects the lack of preparation of HR sectors to deal with the issue.
Thus, one of the main points to be observed during the process of hiring and selecting people with disabilities, is to really understand how beneficial this inclusion is for the company, and how much these professionals can collaborate with the team.
In order to extract the full potential of these collaborators, it is also important that companies let them specify positions that are in accordance with the preparation and specialization of each PwD professional.
When defining the vacancy, it is necessary to pay attention to the restrictions that each professional has, in order to guarantee a fair process for all participants. Issues such as accessibility must be considered from the moment a database is made available for candidates to send their resumes, for example.
Tips for the recruitment and selection process for people with disabilities
Among the main difficulties in recruitment and selection of people with disabilities are issues such as the low attractiveness of vacancies aimed at PwD, the resistance of managers, the lack of HR preparation, among other points.
Solving these problems is the starting point for ensuring a good recruitment and selection process for people with disabilities. Thus, the tips that we highlight to guarantee the rights of PwD in the company from the moment of hiring are:
Specify the vacancies in detail
For the PwD hiring process to be adequate, recruiters must specify the vacancies in detail. Make it clear what are the tasks and activities to be performed, the necessary qualification, among other points. This allows the candidate to assess whether he considers himself fit for the vacancy or not.
Ensure accessibility at all stages
The format of the recruitment and selection process for people with disabilities must guarantee accessibility to participants at all stages. Since the vacancies are announced, HR must ensure that the entire process takes place in such a way that the candidates are able to participate and compete equally with each other.
Watch out for requirements
As the implementation of the PwD inclusion law is recent, not all candidates have had previous job opportunities. Therefore, in many cases the requirement for prior experience can be quite limiting.
Focus on skills
PwD employees must be hired in the same way as any other professional, that is, according to their skills. It is a big mistake to focus on the candidate’s limitations, not on his skills. The disability of each individual should be assessed only for the purpose of adequacy of accessibility, not to discriminate against the candidate.
Look for expert support
Having specialized support can facilitate the process of implementing PwD inclusion programs in a company. This support helps to consider the different qualification and training needs of each individual, as well as showing how the evaluations of the candidates can be done in the best possible way.
How does the hiring of PwD impact the company?
When hiring professionals with disabilities, companies end up acting as catalysts for the process of inclusion and diversity in society as a whole.
This increase in diversity is also extremely beneficial for the company’s internal environment, with multiple and complementary teams. Humanized management means that all employees start to see how the company is concerned with investing in human capital and in valuing employees.
In addition, it must be understood that hiring PwD is not just a rule to be followed. It is an important step in building an inclusive environment that benefits the company as a whole. The performance of these professionals must be assessed and valued in the same way as the performance of other professionals.
For managers who still have doubts about the productivity of PwD employees, it is enough to understand that these professionals are as competent and productive as any other employee, often even more committed and committed to the company.
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