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Photo: Ariel Gutraich/Presentes Archive

The legislature of the province of Entre Ríos yesterday passed a law establishing a quota of at least 1% in the public sector to promote and guarantee labor rights for transvestite, transsexual, and transgender people.

This is stated in Article 4 of the regulations: “ The provincial State, its decentralized agencies and state-owned companies are obliged to employ transvestite, transsexual and transgender people, who meet the suitability conditions for the position, in a proportion of no less than one percent (1%) of their total personnel , and to establish job reserves to be occupied exclusively by them, in accordance with the modalities established by the regulations.”

Who is eligible for the transvestite/transgender employment quota? 

In the province of Entre Ríos, the quota will be allocated to people who have already initiated or are currently undergoing a legal gender change process. “If the person has already initiated the process to rectify their registered sex at the time of accessing this right, they may present proof of having started the process.” 

A registry of applicants will be opened by the implementing authority, which must be established by the Executive Branch. This authority will be responsible for coordinating, in conjunction with various government agencies (Labor, Social Development, and Education), training programs geared toward different public and private sector jobs. It will also be responsible for creating, maintaining, and disseminating a registry of private companies that offer employment to transgender people. Furthermore, it will promote, through mass media campaigns, the need for job creation specifically for the transgender community, guaranteeing social inclusion, and will publish an annual report detailing compliance with the law. 

Tax incentive for companies that hire transvestites and trans people

The approved legislation provides a tax incentive for private sector employers who hire transgender and gender-diverse individuals. “For each employee in this situation, a tax credit equivalent to 3.5% (general rate) of the employer contributions actually paid for the transgender and gender-diverse employee will be granted, excluding those made to the National Social Security System. This tax credit may be applied to the payment of provincial taxes.” 

The Executive Branch must regulate this transvestite and transgender employment quota law within 90 days. 

Background

Last May, the provincial bill to promote trans and travesti inclusion—introduced in 2018 by Representative Emilce Pross (of the Front for Victory party, whose term has expired)—received preliminary approval in the Chamber of Deputies. However, it only received preliminary approval in the Senate last week. Other towns in Entre Ríos province, such as Victoria, Rosario del Tala, and Paraná, also have their own trans and travesti quota ordinances.

In June 2019, the provincial capital, Paraná, had already approved a transvestite quota law through an ordinance in the Deliberative Council of the provincial capital. 

This year, the national executive branch, in a historic decision, decreed a percent quota for transvestite and transgender employment in the country's public sector. 

Shortly afterwards, Santa Fe regulated it at the provincial level: in the neighboring province the quota is 5% and does not require a change of registration.