Jobs for People With Disabilities (PcD): How to Find Work Through the Quota Law

Lei 8.213/1991 (Law 8,213/1991), art. 93, requires companies with 100 or more employees to reserve 2% to 5% of their positions for qualified people with disabilities or for beneficiaries rehabilitated by the INSS (Instituto Nacional do Seguro Social, National Social Security Institute). If you are looking for a job under the quota law, you can register with Sine, send your résumé directly to companies, and learn about your accessibility rights during selection.

How much each company must reserve

The percentage depends on the total number of employees:

• From 100 to 200 employees: 2%.
• From 201 to 500: 3%.
• From 501 to 1,000: 4%.
• From 1,001 on: 5%.

Examples: a company with 300 employees must reserve 3%, or 9 positions; with 1,200 employees, 5%, or 60 positions. The rule applies to companies with 100 or more employees.

Dismissal and replacement

Art. 93, § 1, allows the dismissal of a person with a disability or a rehabilitated worker in only two cases: at the end of a fixed-term contract of more than 90 days, or in a dismissal without cause under an open-ended contract. In both cases, the company must first hire another worker with a disability or a rehabilitated worker.

Your rights during selection and at work

The Lei Brasileira de Inclusão (Brazilian Inclusion Law, Lei 13.146/2015) guarantees:

• Art. 34, caput: work freely chosen and accepted, in an accessible and inclusive environment, with equal opportunities.
• Art. 34, § 2: fair and favorable conditions, including equal pay for work of equal value.
• Art. 34, § 3: discrimination because of disability is prohibited in recruitment, selection, hiring, admission, medical exams, continued employment, and promotion, as is requiring full ability.
• Art. 34, § 4: access to courses, training, and career plans on an equal footing with others.
• Art. 37: inclusion through competitive placement, with accessibility, assistive technology, and reasonable accommodation in the workplace.

You can tell the company, before the interview, what accommodation you need, such as physical access, a Libras (Brazilian Sign Language) interpreter, or accessible materials.

How to look for a job

1. Build your résumé and keep it updated. See Résumé: how to write one, what to include, and what to avoid.
2. Register on the Portal Emprega Brasil or in the Carteira de Trabalho Digital (Digital Work Card) app, with your gov.br account. gov.br states that people with disabilities receive priority service (Lei 10.048/2000). See the guide to Sine (Sistema Nacional de Emprego, National Employment System).
3. Send your résumé directly to larger companies, which are required to meet the quota, and follow their career pages.
4. Ask the company which documents proving the disability or rehabilitation it requires, since this can vary from case to case.
5. Prepare for the interview with the guide Job interview.

If the company does not comply with the law

Art. 93, § 2, assigns to the Ministério do Trabalho e Emprego (Ministry of Labor and Employment) the oversight of quotas and the production of data on how positions are filled, which must be provided, upon request, to unions, representative organizations, and interested citizens. In case of discrimination or noncompliance, see how to report it to the Ministry of Labor or the MPT.

Frequently asked questions

Does a person rehabilitated by the INSS count toward the quota?

Yes. Art. 93 of Lei 8.213/1991 refers to rehabilitated beneficiaries or qualified people with disabilities.

Can I be dismissed without cause during the contract?

The law only allows dismissal without cause if the company first hires a replacement in a similar condition (art. 93, § 1).

Do small companies have a quota?

The legal reservation applies to companies with 100 or more employees, but any company can hire people with disabilities, and discrimination is prohibited regardless of size.

Read also

• SINE and free job listings: how to register and look for work
• Discriminatory dismissal: when a firing is illegal
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