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More than 80% of companies in São Paulo failed to meet the quota for hiring people with disabilities

Research carried out at IE shows that, in 2019, only 46% of available vacancies were filled in the State of São Paulo

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A study developed by the Center for Trade Union Studies and Labor Economics (Cesit) of the Institute of Economics (IE) at Unicamp revealed that 82,4% of companies in São Paulo failed to comply with the standard that requires the inclusion of professionals with disabilities in their workforce. . The analysis was carried out based on the quota system for people with disabilities in the state of São Paulo, based on the provisions of the Quota Law (law nº 8.213/91).

Researchers José Dari Krein, Anselmo Luis dos Santos, José Daniel Morales Martínes, Guirlanda de Castro Benevides, Maria de Lourdes Alencar, Jacqueline Aslan Souen, Bárbara Helena de Oliveira Santos and Rita de Cássia Scagliusi do Carmo are responsible for the study.

The research used as a methodology the calculation of the number of hires of people with disabilities by companies based in São Paulo, based on the calculation basis required by legislation for the reservation of vacancies for this public, that is, considering the total number of employees of the headquarters and their respective establishments or branches. The RAIS (Annual List of Social Information) was the basis used for analyzing and interpreting the data, based on a survey and processing model adopted by the researchers.

The Quota Law obliges companies to hire a percentage ranging from 2% to 5% of people with disabilities. Despite being created in 1991, its regulation and inspection only took place at the end of 1999. According to the legislation, companies with 100 or more employees must hire rehabilitated or disabled people. The percentage depends on the number of employees at each company. For example, companies that have between 100 and 200 employees are required to have 2% of employees on their staff who are people with disabilities. In organizations with a number of 201 to 500 workers, this percentage rises to 3%. When made up of 501 to 1.000 employees, the company must have 4% of its employees with disabilities; in the case of large companies with a thousand or more employees, the percentage must be 5%.

Facade of the Institute of Economics
Facade of the Unicamp Institute of Economics; study found that in 2019, of the 317.179 jobs available in 11.751 companies, 145.801 were occupied

Division by areas

The Cesit study, presented on September 21st during the National Exhibition Conference on Inclusion and Accessibility of People with Disabilities - RECONECTA, held by the Public Ministry of Labor (MPT) in Campinas, divided the distribution of employment contracts in the state of São Paulo in two geographic regions, considering the areas of operation of the MPT Regional Offices in São Paulo. The 2nd Region, made up of 46 municipalities (Greater São Paulo and Baixada Santos), and the 15th Region, made up of 599 municipalities (interior and north coast). The method aims to facilitate the use of data by labor attorneys in the search for compliance with the Quota Law.

Distribution of vacancies

In relation to the distribution of employment relationships of workers with disabilities, the study found the highest concentration of these relationships in parent companies and branches in the state of São Paulo, in both coverage areas, demonstrating, even, the influence of the weight of economic activity in the São Paulo territory. On the other hand, according to the research, the quota calculation method led to the spread of the employment of these people in company branches in other states in the Southeast, as well as in different regions of the country.

Quota fulfillment

The data collected regarding compliance with the quota revealed that, in 2019, 82,4% of companies in the state of São Paulo did not comply with the legislation. Of a total of 11.751 companies in São Paulo, with headquarters in the state of São Paulo and branches in different locations across the country, under the same CNPJ, only 2.067 (17,6%) were meeting the quota that year. In the coverage area of ​​the 15th Region, of 4.813 companies, 22,3% were fulfilling the quota, demonstrating a higher percentage than that found in the total number of companies in the state of São Paulo. Considering only the area of ​​the 2nd Region, of 6.938 companies, 14,4% were fulfilling the quota, a lower percentage than that found in the entire territory of São Paulo.

“Despite this scenario presented, for the volume of expected job vacancies for people with disabilities, according to the quota calculation, this research observed the number of jobs generated as a result of the Quota Law, as well such as the number of formal jobs ensured by the reservation of vacancies, however, without the occurrence of job hiring by the companies responsible”, explain the researchers.

Thus, in the state of São Paulo, in 2019, of the 317.179 jobs available in 11.751 companies, 145.801 (46%) were occupied, therefore, 171.378 jobs were not occupied, that is, 54% of the vacancies reserved for disabled people. In the area of ​​the 15th Region, of the 86.831 vacancies planned, 40.532 were occupied, equivalent to 53,3%. Therefore, 46.299 (46,7%) formal jobs guaranteed by the vacancy reservation were not filled. In the area of ​​the 2nd Region, according to the data, of the total of 230.348 vacancies foreseen, 105.269 were occupied, corresponding to 45,7% of the total. 125.079 (54,3%) of these vacancies were not filled.

“In view of these results, which pointed to a still unsatisfactory scenario for the inclusion of people with disabilities in the job market, despite the advances that have occurred, this research considered a comparative study between the population with disabilities in the age group from 16 to 64 years old, potentially eligible for the job market, in 2019, and the total vacancy reserve, that is, the formal jobs foreseen for this population, in accordance with the Quota Law. Thus, it was found that the unfilled vacancies (number of people with disabilities who were not hired to fill the quota) were significantly lower than the estimated total population with disabilities that could be in the formal job market. In these terms, possibly the majority of this population was in informal activities, carrying out discontinuous activities, or even retired, inactive, among others”, concluded the Cesit researchers.

“The study presented by Cesit can be used to plan strategic actions by the Public Ministry of Labor in favor of compliance with the Quota Law by companies in the state of São Paulo, in addition to enabling the promotion of public policies aimed at this portion of the population in the municipalities”, says Danielle Olivares Corrêa, attorney and regional coordinator of Coordigualdade (National Coordination for the Promotion of Equal Opportunities and Elimination of Discrimination at Work).

IE professor José Dari Krein:
IE professor and one of the authors of the study José Dari Krein: research results showed a still unsatisfactory scenario for the inclusion of people with disabilities in the job market

population data

According to the Unicamp study, in the state of São Paulo there were an estimated 1.791.627 people with disabilities aged between 16 and 64 years old, considered potentially suitable for the job market. Of this population, according to RAIS data from the same year, 145.801 people were formally employed, around 8,2%. On the other hand, 171.378 people were not hired, corresponding to 9,6% of the working-age population.

In the 15th Region, the data showed 800.201 people with disabilities at an age potentially capable of working. Of these, 40.532 (5,1%) were in the formal job market, however, 46.299 jobs were not signed with people with disabilities, around 5,8% of the total population potentially able to work. In the area of ​​the 2nd Region, there were an estimated 991.427 people with disabilities aged between 16 and 64 years old, among which 105.269 (10,6%) had employment. On the other hand, 125.079 people with disabilities were not formally hired, that is, 12,6% of the total population with disabilities able to work in 2019.

Other approaches

In addition to the analysis related to compliance with the Quota Law, the Cesit research also presented an estimate of the population with disabilities in the state of São Paulo, the profile of people with disabilities in the formal job market and the behavior of this market taking into account the segments economic, occupation and remuneration, in a historical series of 10 years (2010-2020), in addition to providing a brief overview of the rights and work and employment policies for workers with disabilities, on the national and international scenes.  

JU-online cover image
The Quota Law obliges companies to hire a percentage ranging from 2% to 5% of people with disabilities

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