A newly enacted law in Spain marks a significant shift in the rights of workers with disabilities. Inspired by the UN Convention on the Rights of Persons with Disabilities, European legislation, and recent jurisprudence from the European Court of Justice, this law emphasizes the need for reasonable adjustments in the workplace before considering contract termination. Law 2/2025 officially went into effect on May 1.
Key Objectives and Provisions
The primary goal of the law is to ensure the right to work under equal conditions for individuals with disabilities. The law eliminates the automatic termination of contracts due to severe, absolute, or total permanent disability unless:
- Adjustments cannot be made without imposing a significant burden on employers.
- No compatible vacant positions exist.
- The worker rejects the proposed new position.
Modifications to Existing Legislation
Statute of Workers
- Article 48.2: Recognizes the suspension of employment with job reservation for up to two years following the declaration of permanent disability.
- Article 49.1: Limits the causes of contract termination to death and introduces a new clause regulating termination due to permanent disability only if reasonable adjustments cannot be made.
- Procedural changes: Establishes a 10-day period for the worker to express their desire to maintain the employment relationship and a maximum of three months for the employer to make adjustments or terminate the contract, with a clear threshold for “excessive burden” for small businesses.
Ley General de la Seguridad Social
- Article 174.5: Adjusts the regulation to maintain the economic effects of temporary disability until the resolution of permanent disability and regulates the suspension of pensions if the worker returns to work with adaptations or to another incompatible position.
Procedural Law
- Establishes that contract termination cases under this situation will be treated urgently and given preferential processing.
Terminological Changes
- Replaces references to “great invalidity” with “great incapacity” and “noncontributory invalidity” with “noncontributory incapacity” in relevant legislation.
Government Mandates
- The law requires the government to present a proposal within six months to address the compatibility between work and permanent disability and within 12 months to reform the regimes for the Guardia Civil, National Police, and Armed Forces.
Law 2/2025 represents a paradigm shift, strengthening the principles of equality and nondiscrimination and offering an inclusive approach to labor and social security rights in Spain.
Jesus Garcia is an attorney with DLA Piper in Madrid. © 2025 DLA Piper. All rights reserved. Reposted with permission of Lexology.
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