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We inform you that the Government has just approved an important reform in the labor field: the elimination of the automatic dismissal of workers who are in a situation of permanent disability.
This measure, announced last May 21, involves a new obligation for companies and freelancers with employees. And it represents a significant change in the protection of the employment rights of people with disabilities.
Let's recap. Until now, if a doctor certified the permanent total, absolute or major disability of an employee, the employer could directly terminate the employment relationship with him, without the need to pay any kind of compensation.
It was a measure criticized, in different areas, because it was considered discriminatory and contrary to the principles of inclusion and non-discrimination. Now, however, an important precedent is established in the fight against employment discrimination and in favor of the integration of people with disabilities in the working environment, thus ensuring that their rights are protected in accordance with European standards.
The reform involves the modification of article 49.1.e of the Workers' Statute, eliminating the possibility of automatic dismissal due to a great disability or total or absolute permanent incapacity of the worker. In addition, it empowers the worker to be the one who decides whether or not he wants to continue in his workplace.
If the worker wants to continue, the company will have to make the necessary adjustments to the workplace. These changes must be reasonable, necessary and appropriate for the worker to perform his function according to his abilities.
But in the event that it is not possible to adapt the original position, the company must offer the worker another vacant and available job, in accordance with the professional profile and compatible with the new situation.
If, after all the effort, you really cannot be placed in a job, the employer may terminate the employment relationship. Despite everything, these situations also result in a new responsibility for the employer, since he will have to state in writing the excessive and disproportionate burdens that this relocation entails, or the impossibility of the measure, given the absence of suitable positions with vacancies.
The rule establishes a period of six months for companies to make the necessary changes in cases of permanent disability and the different degrees. This period will allow companies to adapt their structures and processes to comply with the new regulations.
If you need more information, do not hesitate to contact DATA AND SERVICES