Absolutely Prohibited from Employing Workers with Severe Disabilities and a Reduction in Work Capacity of 51% or More

Absolutely prohibited from employing persons with mild disabilities with a labor capacity reduction of 51% or more?

Is it absolutely prohibited to employ workers who have mild disabilities with a labor capacity reduction of 51% or more according to labor law?

Answer: Based on Clause 1, Article 160 of the 2019 Labor Code, which stipulates prohibited acts when employing persons with disabilities, it includes:

Employing workers with mild disabilities whose labor capacity is reduced by 51% or more, workers with severe disabilities, or workers with particularly severe disabilities to work overtime or at night, except when the disabled worker consents.

Thus, the law does not prohibit the employment of workers with mild disabilities whose labor capacity is reduced by 51% or more. Companies can still employ such disabled workers if they consent.

Prohibited from employing persons with mild disabilities to work at night?

Please let me know whether it is permissible under the labor law to employ workers with mild disabilities to work at night?

Answer: Clause 1, Article 160 of the 2019 Labor Code stipulates prohibited acts when employing persons with disabilities, including:

Employing workers with mild disabilities whose labor capacity is reduced by 51% or more, workers with severe disabilities, or workers with particularly severe disabilities to work overtime or at night, except when the disabled worker consents.

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In principle, it is prohibited to employ workers with mild disabilities whose labor capacity is reduced by 51% or more to work overtime or at night. In cases where the disabled worker has a mild disability with a labor capacity reduction of less than 51%, they can still be employed to work at night; or conversely, if the worker consents, they can still be employed.

Sincerely!