(Lima, July 18, 2016).- In compliance with the General Law of Persons with Disabilities, the Ministry of Labour and Employment Promotion approved the “Technical Standard for the design, implementation and execution of reasonable accommodation for people with disabilities in the private sector” which seeks to ensure that these persons carry out their duties under equal conditions as other workers.

Thus, the MTPE established detailed rules governing the right of persons with disabilities to request reasonable accommodations in the workplace, and the obligation of employers in the private sector to always provide them that noneconomic disproportionate burdens incurred or improper for the company.

The rule states that it is the responsibility of the employer to implement reasonable adjustments with the cooperation of workers with disabilities, also contains clear and precise information about the obligations of employers on excessive economic burden, set for the implementation of such adjustments, which will be deductible from annual income tax.

Similarly, it is considered telework as a reasonable accommodation, allowing the employer is agreed with a schedule that would not require workers with disabilities to attend the workplace. On the other hand, the incorporation of these adjustments in cases of intermediation and labor outsourcing, is the possibility of coordinating with the contractor or implementing user adjustments for disabled workers.

It should be noted that this standard meets the obligations contained in the Convention on the Rights of Persons with Disabilities and the General Act on Persons with Disabilities, and represents an important step in the operation of reasonable accommodation advance in private companies.

Reasonable accommodations are modifications and adaptations necessary and appropriate, required in a particular case without imposing an undue economic burden, serve to ensure  the person with disabilities the enjoyment or exercise of the right to work on equal terms with others to facilitate access to the workplace, efficient development, training programs, job updating and promotion programs, among others.