The Government has decided, on a proposal from the Ministries of Labour and Social Economy and Social Rights, Consumption and Agenda 2030, to amend article 49.1.e of the Workers' Statute. This reform will eliminate permanent incapacity as an automatic reason for termination of the employment relationship. This measure has been agreed with the Spanish Committee of Representatives of Persons with Disabilities (CERMI).
With the elimination of automatic termination of the contract in cases of Total, Absolute or Great Invalidity Permanent Incapacity, the aim is to better protect the employment of persons with disabilities and to comply with the recommendations of the White Paper on Employment and Disability.
The measure strengthens the rights of persons with disabilities and aligns labour legislation with the mandates of the Convention on the Rights of Persons with Disabilities. The aim is to ensure decent employment for persons with disabilities, eliminating discrimination involving automatic dismissal and promoting alternatives such as job adaptation or transfer to other functions. The White Paper on Employment and Disability will also be implemented to improve access to employment for persons with disabilities and to extend their rights, following the recent amendment of Article 49 of the Spanish Constitution.
Businesses must make reasonable adjustments to enable persons with disabilities to exercise their right to work, even if they acquire the disability after they have started their work.
The decision to terminate the contract, which so far was the prerogative of the company, will become dependent on the will of the worker, who may request:
- A reasonable, necessary and appropriate adaptation of the job.
- The transfer to another vacant and available post, in accordance with its professional profile and compatible with its new situation.
The approved text also specifies the criteria for determining when the necessary adjustments would be of excessive cost to the company, considering whether the adjustment costs can be covered in part or in full by public aid or subsidies and whether they are reasonable depending on the size of the company.
