The Spanish government’s Council of Ministers approved a new bill this Tuesday that removes the automatic termination of employment contracts due to permanent disability. This significant change is aimed at modifying Article 49.1 of the Workers’ Statute, eliminating references to automatic dismissal based on such incapacity. The bill, initially approved in a first round on May 21, was spearheaded by Labor Minister Yolanda Díaz.
Under the revised legislation, employees facing permanent disability can now request reasonable accommodations to their work or ask to be reassigned to a different position that matches their skills and medical needs. This adjustment is contingent upon the changes required not imposing an unreasonable burden on the employer, particularly taking into account the company’s size.
Yolanda Díaz explained that the reform was developed with input from social agents and was negotiated exclusively with labor unions. It significantly enhances protections for employees with disabilities, granting them important new rights in their workplaces. The initiative has received backing from the Spanish Committee of Representatives of Persons with Disabilities (CERMI), emphasizing its crucial role in advancing disability rights within the workforce. According to government statements, this legislation represents “a new safeguard for the rights of people with disabilities.”
Previously, the authority to terminate contracts lay solely with employers. The new framework shifts this power, allowing employees to request reasonable adjustments to their positions or a transfer to an available role if their workload is considered excessive based on their career profile and health circumstances. The bill outlines that to assess whether the demands are excessive, considerations will include available support measures, public grants for persons with disabilities, and the costs of adaptations relative to average salaries and the company’s financial status.
In addition to this, the Council of Ministers also approved a draft law that updates the terminology of certain benefits, which have previously been referred to as “severe disability” and “non-contributory disability.” These terms will now be replaced with “personal assistance supplement” and “non-contributory incapacity,” aiming to promote more respectful and inclusive language for recipients of these Social Security pensions.
Notably, in January, the European Court of Justice ruled that Spanish laws permitting such dismissals were contrary to European directives established to promote equality in employment and occupation. This ruling followed a query from the High Court of Justice of the Balearic Islands, which sought clarity on the compatibility of Spanish labor law with the obligation for employers to make “reasonable adjustments” before terminating an employee. The case arose when a worker challenged their dismissal after being declared totally incapacitated due to an accident at work.
This comprehensive reform marks a progressive step towards ensuring job security and fair treatment for employees with disabilities in Spain. For more information on labor rights in Europe, you may visit the European Union’s official website.
Image and News Source: https://www.infobae.com/espana/2024/07/23/el-gobierno-elimina-el-despido-automatico-en-caso-de-incapacidad-permanente/
