1% quota:
To determine whether a company is subject to this Law, the relevant figure is the annual average number of employees reported in the social security contribution payroll under Law No. 16,744, for the period November 2024 to October 2025. If the calculation results in decimals, it is rounded down to the nearest whole number.
The 1% requirement applies to each month in which the company had more than 100 employees.
Alternative (subsidiary) compliance mechanisms:
If the company is unable to comply directly with the 1% quota, it may invoke duly justified reasons to comply through alternative mechanisms. Duly justified reasons include: (i) the nature of the functions performed by the company; or (ii) lack of applicants after job openings have been posted for at least 30 consecutive days on the National Employment Exchange (Bolsa Nacional de Empleo, BNE), as certified by the BNE.The alternative compliance measures are as follows:
- Entering into service agreements with companies that employ persons with disabilities; or
- Making cash donations to projects of associations, corporations or foundations in accordance with the applicable regulations. Such donation must be made before submitting the electronic filing and must meet the minimum amounts required by law.
Other obligations:
In the same filing, the company must also:
- Report the Inclusion Officer (Gestor de Inclusión); and
- Attach the Inclusion Policy, including the minimum required contents under the applicable regulations.
Sanctions:
Finally, please note that failure to comply with these obligations may be sanctioned by the Labour Directorate:
- Regarding the 1% quota, with fines of up to 30 UTM for each month in which the quota was not met and for each person who should have been hired under this Law; and
- With fines of up to 60 UTM for the other obligations.
Our labour team remains at your disposal to answer any questions or support you in meeting these obligations.
