Contract permanent disability and extinction

On 1 May 2025 enter vigor the Act 2/2025, of 29 April, through which the legislative law of the Workers' statute's Act, approved by the Legislative Royal Decree are modified 2/2015, of 23 October, with regard to contract termination of work for permanent disability of the people workers, and the legislative law of the Social Security Act, approved by the Legislative Royal Decree 8/2015, of 30 October, with regard to permanent disability .

The main new features are:

Modification of the article 48.2 STATUTE OF WORKERS' RIGHTS. Suspension with booking of the position of work
Adds a paragraph to the article 48.2 sending to the new letter n) of the article 49.1, recognising the situation of the worker as a supposition of suspension with booking of the position of work, in accordance with the next redacted: “In the suppositions considered in the letter n) of the article 49.1 will be considered also that it subsists the suspension of the working relationship, with booking of the position of work, during the time in which work out reasonable reductions or the change to a vacant post and available.”
 
Modification of the article 49.1 e) and it adds n) of the STATUTE OF WORKERS' RIGHTS. Suspension with booking of the position of Death as cause work
only of contract termination
The article 49.1, e) the reference is deleted to the severe disability or total and permanent disability or absolute of the worker such as causes of contract termination of work.

Contract termination for willpower of the person worker and linked to the possibility of the company of undertaking reasonable reductions or the change of work position :
The new article 49.1, n) conditions the possibility of contract termination for the “statement of major disability, absolute or total permanent disability of the person worker” to the willpower of the person worker: 

• The hard-working person in 10 calendar days from the notification of the resolution that qualifies the IP will state in writing its willpower of maintaining the working relationship.
• The company will have a maximum term of 3 months from the notification of the resolution to carry out reasonable reductions or the change of position. When the reduction supposes an excessive load or there is no work position vacancy and available, in keeping with the professional profile and compatible with the new situation of the person worker or when existing this possibility the hard-working person rejects the properly proposed work position change. The company will have the same term to proceed to the contract termination. The decision will be motivated and he owe communicate in writing to the hard-working person.
• To determine the excessive load the cost of the measures of adjustment will be taken into account in relation to the size, resources and financial status and total turnover of the company, not considering excessive when is palliated in enough degree through measures, aids or public grants. It is planned that when it is companies of fewer than 25 workers will be considered excessive when the cost of adjustment, without taking into account aids or grants exceeds the great amount of the indemnity that it corresponds in virtue of the article 56.1 and six months of wage of the person that requests the adjustment.
• The SSPP will determine, in accordance with that established in the applicable and previous standard enquiry with the representation of hard-working people with regard to risk prevention at work, the extent and characteristics of the adjustment measures, included the ones regarding the training, information and health surveillance of the person worker and will identify compatible work the positions with the new situation of the person worker.

Modification of the article 49.1 e) and it adds n) of the STATUTE OF WORKERS' RIGHTS. Suspension with booking of the position of work

The paragraph that follows is added (third party) to the article 174.5:

1. When in accordance with that established in the article 49.1.n), the extinction of the TEMPORARY DISABILITY is for resolution that it recognises the situation of IP (IPT, IPA, GI), does not determine the extinction for carrying out the company the reasonable, necessary and suitable adjustment to the position of work or for destining to the hard-working person to another position:

   • The effects economic of the IP will be suspended while it remains the performance of the same work position with adjustments or another that it is incompatible with the perception of the pension that it corresponds (198 SOCIAL SECURITY LEGISLATION).

Terminological adjustment

2. Complement of assistance of third person: All references of the STATUTE OF WORKERS' RIGHTS and the SOCIAL SECURITY LEGISLATION to “major Disability” are substituted for “major disability”.
3. Non-contributory disability: All references of the STATUTE OF WORKERS' RIGHTS and the SOCIAL SECURITY LEGISLATION to “non-contributory disability” are substituted for “non-contributory disability”.

Modification of the Act 36/2011, of 10 October regulator of the Social Jurisdiction.

article 120. Procedure. Is added to the article referring to the procedure of the contract termination of work for factual causes a paragraph indicating the urgent character and the preferred procedure for the suppositions considered in the article 49.1.n) of the Workers' statute.

In cases of permanent disability in its degrees of Total, Absolute or Major Disability, is significant that know that rights, obligations and stock involves the new regulations for your company and for people in staff.