On January 1st 2018 came into force the provisions on disability hiring quotas provided for Legislative Decree no. 151/2015.

The new provisions are aimed at public and private employers, including political parties, trade unions and no-profit organizations which work in the field of social solidarity, assistance and rehabilitation.

The Legislative Decree has introduced the obligation for companies with at least 15 employees to hire – within 60 days – a disabled worker enrolled in the job seeker’s list. The quota envisaged by Law provides for companies with 50 employees the obligation to hire 2 disabled workers, while, if companies exceeded 50 employees there is the obligation to reserve 7% of available positions in favor of disabled workers and 1% in favor of disabled workers families and repatriated refugees. As a consequence, is phased out the deferment envisaged by Article 3, paragraph 2 of Law no. 68/1999 which allowed to employers with 15 employees not to hire a disabled worker until they reach 16 units.

In the disability hiring quota are included the workers – already hired by company – with physical  disabilities implying a reduction of working ability equal or higher than 60%, or with a reduction of working ability higher than 45% resulting from intellectual or mental disabilities.

In order to determine the employment size of company occurs to take into consideration – pursuant to Article 4 of Law no. 68/1999 – all employees hired with dependent employment contract.

The new recruitment obligation must be fulfilled through a nominative request addressed to disabled service of place where company is located. The employer, if does not comply with the obligation, shall pay the administrative fine of the amount of  153,20 (equal to five times the amount of contribution provided for Article 5, paragraph 3-bis of Law no. 68/1999) for every day of work of each unemployed disabled worker. The administrative fine is avoidable pursuant to Article 13 of Legislative Decree no. 124/2004, only if, the employer discloses to competent offices the request of employment or the employment contract stipulated with the disabled worker.

The Legislative Decree has added the paragraph 3-bis on Article 5 of Law no. 68/1999, according to which private employers and public economic entities that employ workers engaged in activities involving the payment of INAIL premium equal or higher than 60 per thousand, are exempt from the obligation to hire a disabled worker, but, in any case, they must pay to Fund for the right to work of persons with disability – set up at the Ministry of Labour – a sum of money equal to   30,64 for every working day of each unemployed disabled worker.

The Legislative Decree no. 151/2015, as integrated by Legislative Decree no. 185/2016, has also provided for private employers who hire a disabled worker an economic incentive on gross monthly salary taxable for social security purposes.

In more detail, pursuant to Article 13 of Law no. 68/1999, INPS remits to employer an adjustment equal to 70% of gross monthly salary in case of permanent employment hiring of disabled workers with a reduction of working ability higher than 79%; an economic incentive equal to 35% of gross monthly salary is due to employer who hire disabled workers with a reduction of working ability between 67% and 79%; for employment of workers with a reduction of working ability higher than 45% resulting from mental and intellectual disability, INPS recognizes to employer an adjustment equal to 70% of gross monthly salary.

The economic incentive is paid for a period of 36 months in case of permanent employment hiring of disabled workers with a reduction of working ability higher than 79% or included between 67% and 79%. Instead, for permanent employment hiring of workers with a reduction of working ability higher than 45% resulting from mental and intellectual disability, the economic incentive is due for 60 months. Finally, the economic incentive is paid for the entire duration of contract in case of fixed-term employment (however not less than 12 months) of a worker with intellectual and mental disability implying a reduction of working ability higher than 45%.

The Legislative Decree no. 151/2015 complements the provisions concerning the Regional fund for the employment of disabled workers provided for Law no. 68/1999, introducing specific support measures in favor of employer who hire a disabled workers with a reduction of working ability higher than 50%. In particular, contributions are provided for partial refund of expenses incurred by employers for the implementation of interventions aimed at overcoming and eliminating the architectural barriers in the workplace, for the adaptation of work stations and for workers training.

The new provisions, therefore, aim at supporting the employment of people with physical or mental disabilities, attributing to citizens and companies the legal and social protection of right to the equal opportunities.