Bill would end automatic dismissal over permanent disability

Automatic summary, not yet reviewed

1. The bill proposes that a ruling of total, absolute or great permanent disability no longer automatically ends the employment contract. The employer could only end it if reasonable accommodations are not possible, there is no compatible vacant position, or the worker rejects the change of position.
2. A waiting period between the disability ruling and the accommodation or change of position would count as a suspension of the employment relationship, with the job held open, while the accommodations or the change are being resolved.
3. The burden would be considered excessive based on the cost of the measures relative to the company's size, resources and total business volume, and it would not be excessive if public aid can cover it. In companies with fewer than 25 workers there is a cap: the cost cannot exceed the greater of the compensation under Article 56.1 or six months of the worker's salary.
4. The worker would have ten calendar days from notice of the disability ruling to state in writing that they want to keep the job. The employer would have up to three months to make the accommodations or change of position, or to end the contract with a reasoned, written decision.
5. If the employer adapts the position or moves the worker to another one and the contract is not ended, the permanent disability pension would be suspended while the worker holds that position, which is incompatible with the pension.
6. Terminology would change: "gran invalidez" becomes "gran incapacidad" and "invalidez no contributiva" becomes "incapacidad no contributiva". Court cases over this type of dismissal would be urgent and given priority, and the Government must submit within six months a proposal on combining work with permanent disability, and within twelve months another one for the Civil Guard, National Police and Armed Forces.

Who it affects

• Workers ruled to have total, absolute or great permanent disability: They could ask in writing to keep their job, which would only end if accommodations are impossible, there is no compatible position, or they reject the change.
• Employers, especially those with fewer than 25 workers: They would have to try reasonable accommodations or position changes before ending contracts, with new deadlines and cost limits.
• People receiving or who will receive disability benefits: Rules on the permanent disability pension and its suspension if the person keeps working would be adjusted.
• The Government: It must submit reform proposals on combining work with permanent disability.

Words worth knowing

Ajustes razonables (reasonable accommodations)

Changes to the job or workplace needed so a person with a disability can work on equal terms, as long as they do not place an excessive burden on the employer.

Incapacidad permanente total, absoluta o gran incapacidad

Levels of disability recognized by Social Security: total for the usual occupation, absolute for any kind of work, and great disability when the person needs another person's help for basic daily activities.

Reserva de puesto de trabajo (job reservation)

The right to get the same job back when the suspension of the employment relationship ends.

Pacto de Toledo

A political agreement among Spain's parties to agree on reforms to the pension and Social Security system.

It summarizes the text passed by the Senado. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries