The government eliminates the automatic dismissal in case of permanent disability of the worker
The Government has decided, at the proposal of the Ministries of Labor and Social Economy and Social Rights, Consumption and Agenda 2030, to reform Article 49.1.e of the Workers’ Statute. This reform will eliminate permanent disability as an automatic reason for termination of the employment relationship. This measure has been agreed with the Spanish Committee of Representatives of People with Disabilities (CERMI).
With the elimination of the automatic termination of the contract in cases of Total Permanent Disability, Absolute Permanent Disability or Great Disability, the aim is to better protect the employment of people with disabilities and to comply with the recommendations of the White Paper on Employment and Disability.
The measure strengthens the rights of people with disabilities and adapts labor legislation to the mandates of the Convention on the Rights of Persons with Disabilities. The objective is to ensure decent employment for people with disabilities, eliminating the discrimination implied by automatic dismissal and promoting alternatives such as job adaptation or transfer to other functions. Likewise, the actions of the White Paper on Employment and Disability will be implemented to improve access to employment for people with disabilities and expand their rights, following the recent amendment of Article 49 of the Spanish Constitution.
Companies will have to make reasonable accommodations so that people with disabilities can exercise their right to work, even if they acquire the disability after they have started their professional activity.
The decision to terminate the contract, which until now was the prerogative of the company, will now depend on the will of the worker, who will be able to request:
- A reasonable, necessary and appropriate adaptation of the job position.
- The transfer to another vacant and available position, in accordance with his professional profile and compatible with his new situation.
The approved text also specifies the criteria for determining when the necessary adjustments would entail an excessive cost for the company, considering whether the adaptation expenses can be partially or totally covered by public aid or subsidies and whether they are reasonable in terms of the size of the company.