In brief

The Law on the Promotion of Access to Formal Employment for Transvestites, Transsexuals and Transgender Persons "DIANA SACAYÁN - LOHANA BERKINS" ("Law 27.636"), was enforced on 8 July. This law is regulated by the Executive Power.

Law 27,636 aims to establish positive action measures aimed at achieving the effective labor inclusion of transvestites, transsexuals and transgender people, in order to promote real equality of opportunities throughout the country.

To this end, the law guarantees a minimum job quota for transvestites, transsexuals and transgender people of at least 1% of public administration personnel, as well as establishes benefits for private sector companies that hire people from these groups.

Specifically, and among other points, the following have been established:

  1. Quota in the public administration: proportion of not less than 1% of the total staff of the national State (includes the executive, legislative and judicial powers, Public Ministries, decentralized or autarkic bodies, non-state public entities, companies and societies of the State);
  2. Priority in government hiring: Hiring priority will be given to people from the private sector who are also from these groups.
  3. Incentives to the private sector: Employer contributions from employees belonging to these groups may be taken as payment on account of national taxes for a period of 12 months, and 24 months for Micro, Small and Medium Size Companies.
  4. Priority for access to credit: This establishes that the Banco de la Nación Argentina shall promote credit lines with preferential rates for the financing of undertakings to applicants from these groups.
  5. Single Registry of Applicants: A Single Registry of Applicants is created in which people from these groups interested in applying to fill jobs within the framework of this law can register. Registration is not mandatory nor is it an impediment to hiring.

These groups are made up of all those people who perceive themselves with a gender identity that does not correspond to the sex assigned at birth, whether or not they have carried out the registration correction of sex and the change of first name and image.

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