Most PCD workers are in companies due to the quota law, says auditor

Manaus (AM) – The inclusion of people with disabilities in the job market, the Quota Law, and inspection tools were the themes of the second day (28) of the VII Roraimense Seminar held by the Judicial School of the Regional Labor Court of the 11th Region (Ejud11). The event took place in the auditorium of the Brazilian Bar Association (OAB), in Boa Vista.

The first panel dealt with the role of the labor protection system in the inclusion of PWDs in the job market. Participating in the discussion were the Labor tax auditor, Rafael Faria Giguer; the director of Ejud11, judge Ruth Barbosa Sampaio; and, as mediator, the deputy director of Ejud11, Labor judge Igo Zany Nunes Corrêa.

Rafael Giguer is the National Coordinator for the Inclusion of People with Disabilities and Rehabilitated by Social Security at the Ministry of Labor and Employment. He spoke about the protection system, the importance of the quota law and the importance of monitoring compliance with this Law.

“The right to work is much more than just the right to work. It deals with the dignity of the human person, of participating on equal terms in a society that is so focused on work,” he stated.

The importance of supervision

“Today, around 92% of PWDs working in Brazil are in companies subject to quota laws. This proves that if there is no quota law, there are no jobs for people with disabilities. If there were no quota law, 550 thousand PWDs working in Brazil would be at home, in conditions of inferiority compared to other people”,

highlighted the Labor tax auditor.

He cited a study by Dieese – Inter-Union Department of Statistics and Socioeconomic Studies, which demonstrated, in the period from 2011 to 2021, a 3% growth in the job market, and 65% for people with disabilities.

“This study shows a very clear effect of inspection and compliance with the quota law. When we understand that PCDs only work because there is a quota law and effective supervision, we see how delicate the protection of supervision and the quota law is”,

said the auditor.

The Labor inspector, who is visually impaired, also spoke about the difficulties and prejudice he faced when he tried to get a job before passing the Ministry of Labor and Employment competition. “Nowadays, the companies that I inspect and that say they don’t find people with disabilities are the same ones that told me that I didn’t have the profile for the job when I tried to enter the job market as an engineer, which is my training. ”.

Quota fulfillment

“People with Disabilities in the Job Market” was the theme of the second panel of the seminar mediated by the Labor Judge of the 1st Labor Court of Boa Vista, Gleydson Ney Silva da Rocha. The debater, the Labor Attorney for the 17th region, Fernanda Barreto Naves, explained that the Public Ministry of Labor (MPT) operates with two biases, one of investigation and repression in case of allegations of non-compliance with the inclusion of PWDs and the other of guiding bias with guidance campaigns.

The prosecutor highlighted that despite all efforts, there has been a drop in accessibility for people with disabilities and while companies are failing to meet quotas. In 2010 access was 60.3%. It fell to 50.4% in 2020 and to 43.5% in 2021.

“A change in culture is necessary to eliminate prejudice, strengthen social solidarity, tolerance and respect for differences, in compliance with what is established in the Constitution”,

he emphasized.

The lawyer, specialist in Public Law, Lorrayne Santiago, also presented worrying data on the remuneration of people with disabilities. On average, they receive R$1,400 while people without disabilities, occupying the same positions and with the same functions, receive a remuneration of R$2,200, according to data from the Brazilian Institute of Geography and Statistics ( IBGE).

The last panel was about “Compliance with Quotas and the Labor Market in Roraima: Inspection and Legal Effectiveness”. The person who spoke on the topic was Labor’s tax auditor, Thais Silva de Castilho. She portrayed the fulfillment of quotas in Roraima, emphasizing local issues such as the inclusion of places in the quotas for migrant people with disabilities.

The auditor recalled that quotas are defined by Law No. 8,213/91, Article 93. It defines the percentage of quotas for companies with more than 100 employees, which can vary between 2% and 5% of the total number of employees. Furthermore, it establishes that a person with a disability can only be dismissed without just cause within a period of more than 90 days, by hiring a replacement under similar conditions.

*With information from consultancy

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