Landmark Reform in Spain: Ending Automatic Dismissal for Workers with Permanent Disabilities
The Commission of Labor Social Economy Inclusion, Social Security, and Migrations of the Congress has taken a significant step toward advancing workers' rights by approving a bill to reform the Statute of Workers and the General Law of Social Security. This bill, which has garnered broad legislative support, seeks to eliminate the automatic termination of employment contracts for individuals who face permanent disabilities.
With the only dissenting voice coming from the Vox party, the reform now heads to the Senate for further consideration. Its primary objective is to discontinue the practice of automatic dismissal in cases of permanent disability, instead placing the decision in the hands of the worker. The legislation stipulates that employers can only terminate a contract under such circumstances if they have adequately explored possibilities for workplace adaptations or available job vacancies that align with the employees' professional skill sets and accommodate their new circumstances.
This monumental reform suggests that employers must not activate the dismissal clause unless the reasonable measures for adaptation impose an excessive burden on the organization. Furthermore, the newly proposed amendment to Article 491 of the Statute of Workers aims to separate the legal framework regulating the termination of employment agreements due to a worker's death from the cases involving permanent disability, providing a more nuanced approach to labor relations.
Additional modifications made during the bill's progression through Congress include an amendment mandating the government to draft a law within a year that addresses workplace accommodations for civil guards, national police officers, and military personnel with disabilities.
The approval of this reform has been met with praise from the Spanish Committee of Representatives of Persons with Disabilities (CERMI), who have heralded the action as a significant step in repealing what they describe as historical discrimination within the labor law framework. CERMI expressed gratitude to the Spanish government, specifically to the Ministry led by Yolanda Díaz, as well as to the political parties that contributed to advancing this crucial initiative, which has been a focal point on the political agenda concerning organized disability.
This legislative development represents an important victory for the rights of disabled workers in Spain, affirming the commitment to inclusivity and support for individuals facing permanent disabilities in the workforce.
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