Disability and work in Peru: employment quota and reasonable accommodations

What is the employment quota for people with disabilities?

Ley N° 29973, Peru’s General Law on Persons with Disability, sets a mandatory employment quota. Article 49, paragraph 1, reads: «Las entidades públicas están obligadas a contratar personas con discapacidad en una proporción no inferior al 5% de la totalidad de su personal, y los empleadores privados con más de cincuenta trabajadores en una proporción no inferior al 3%» (public entities must hire people with disabilities for no less than 5% of their total staff, and private employers with more than fifty workers for no less than 3%).

Watch the number: the law says more than fifty. A company with exactly 50 workers is not covered; one with 51 is. For public entities the minimum quota is 5%, and according to the Ministry of Labor the Regulations (article 53, paragraph 2) extend it to civilian personnel of the Armed Forces and National Police.

If you apply to the State, there is one more benefit. Article 48, paragraph 1, says that in merit-based public competitions a person with a disability «que cumpla con los requisitos para el cargo y alcance un puntaje aprobatorio obtiene una bonificación del 15% sobre el puntaje final obtenido en la etapa de evaluación, que incluye la entrevista final» (who meets the job requirements and reaches a passing score gets a 15% bonus on the final score of the evaluation stage, which includes the final interview).

This isn’t a recommendation or an aspirational goal: it’s a legal obligation that the state enforces. Companies must register these workers in the electronic payroll and report their disability status.

What are “reasonable accommodations” and why do they matter?

Article 50 of Ley N° 29973 says: «La persona con discapacidad tiene derecho a ajustes razonables en el proceso de selección de recursos humanos y en el lugar de trabajo» (a person with a disability has the right to reasonable accommodation in the hiring process and at the workplace).

When you apply, accommodation includes adapting the methods, procedures, assessment tools and interview formats. At work, it includes adapting tools, machinery and the work environment, providing technical aids and support services, and adjusting how work is organised and the hours, to fit your needs.

The employer, public or private, must provide it «salvo cuando demuestren que suponen una carga desproporcionada o indebida» (unless it shows it would be a disproportionate or undue burden). If it says it cannot, the burden of showing that is on the employer.

The role of CONADIS and the disability certificate

The National Council for the Integration of Persons with Disability (CONADIS) is Peru’s governing body for disability policy. The disability certificate, issued by authorized health facilities and registered with CONADIS, is the document that formally proves your condition and makes it easier to exercise these employment rights with your employer and with enforcement authorities. (This site covers the disability certificate application process as a separate topic; here we focus specifically on the employment angle.)

Who enforces this, and what happens if an employer doesn’t comply?

In the private sector, Peru’s National Superintendency of Labor Inspection (SUNAFIL) is the agency responsible for inspecting compliance with the employment quota and with reasonable accommodations. According to a SUNAFIL press note, failing to meet the employment quota can be sanctioned with a fine of S/ 129,294. We did not confirm in an official source how much the fines for failing to implement reasonable accommodations or breaching occupational health and safety rules can add up to.

Public entities that fail to meet their 5% quota also face specific administrative sanctions, though oversight for the public sector follows a different channel than SUNAFIL.

If your employer doesn’t meet the quota or refuses to provide reasonable accommodations, you can file a complaint with SUNAFIL. If you were also dismissed because of your disability, review your options regarding an unfair dismissal.

Key points to remember

• The quota is 3% for private companies with more than 50 workers (not at exactly 50) and 5% for the public sector.
• Reasonable accommodations are a right, not a favor, and refusing them can be sanctioned.
• SUNAFIL inspects private employers; missing the quota can cost a fine of S/ 129,294, according to SUNAFIL.
• The disability certificate (via CONADIS) is key to proving your situation, though the ban on discrimination protects you regardless of whether you have one.

This page doesn’t replace individual legal advice. If you have specific questions about your case — especially if you believe you were discriminated against or dismissed because of your disability — it’s worth consulting a labor lawyer or contacting SUNAFIL or CONADIS directly.

A disability doesn’t take away your legal capacity

Since the 2018 reform, having a disability doesn’t strip you of the ability to make your own decisions, at work or otherwise. See how the supports-and-safeguards system works in curatorship and legal incapacity in Peru.

Don’t have your disability certificate yet?

To access the employment quota you first need the disability certificate. See how to apply for the CONADIS disability certificate before asserting these rights with your employer.

Check your case

The Disability certificate benefits tool lists, for your situation, the benefits this site read in Ley N° 29973, with the article: the quota, the 15% bonus and the reasonable accommodation on this page, plus education, transport, imports and tickets.