The Government has approved the reform of article 49.1.e of the Workers' Statute, which eliminates the automatic termination of the employment contract in cases of recognition of Permanent Disability (PI). This measure, promoted by the Ministries of Labor and Social Economy and of Social Rights, Consumption and Agenda 2030, in collaboration with the Spanish Committee of Representatives of People with Disabilities (CERMI), aims to improve the labor rights of people with disabilities. .
Previously, the recognition of Total, Absolute Permanent Disability, or Major Disability implied the automatic termination of the employment contract. The new measure ensures that IP does not mean the end of a person's working career, aligning with the Law on Persons with Disabilities. This reform seeks to eliminate discrimination and promote decent employment for people with disabilities, prioritizing the adaptation of the job or the change to other functions.
The Government will also deploy measures contemplated in the White Paper on Employment and Disability to improve access to employment and expand the rights of people with disabilities, in line with the recent modification of Article 49 of the Spanish Constitution.
Therefore, Companies will be required to make reasonable adjustments so that people with disabilities can exercise their right to work, even if they acquire the disability after starting employment.
Voluntary choice of the worker
The reform of article 49.1.e of the Workers' Statute eliminates the reference to the automatic termination of the contract due to Disability, Absolute Permanent Disability and Temporary Permanent Disability, separating these causes from the death of the worker. Now, the possibility of terminating the contract will depend on the will of the worker, who may choose to adapt his job or change to another vacant and available position according to his professional profile and his new situation.
The standard establishes criteria to determine when the necessary adjustments constitute a excessive cost for the company, considering whether the adaptation costs can be covered totally or partially with public aid or subsidies. Training in occupational risk prevention is also contemplated for the worker's new situation.
The occupational risk prevention services and the legal representation of workers will collaborate to adapt the job or select other available positions. After notification of the recognition of permanent disability, the worker will have one month to decide if he wishes to continue in his position. The company will have three months to adapt the position, change the worker to another position or terminate the contract if the necessary adjustments prove impossible to make.
During this period, the worker will receive the Temporary Disability subsidy, thus avoiding coverage gaps in labor protection. This reform represents a significant advance in the protection of the labor rights of people with disabilities, promoting their inclusion and continuity in the labor market.
