Ehlabe
Job and Disability Portal
of the Basque Country
of the Basque Country
COMPANIES - INSTITUTIONS
Laws
List of applicable laws
- Lismi: Law 13/82 of Social Integration for the Disabled provides in Article 38.1 that public and private companies that have a regular number of employees that exceeds fifty shall be required to include in their payroll a number of disabled workers which shall represent at least 2% of the total staff.
Under two exceptional circumstances, companies that are required to hire disabled workers may be exempted from the preceding obligation by means of the application of any of the substitution measures provided for in RD 27/2000, dated January 14.
The first case occurs when the public service office or the placement agencies do not have disabled people available to accept the company offer. The second possibility is that the disabled worker is not interested in the job or is unable to perform it.
LISMI - Regulations for Special Employment Centres: Royal Decree 2273/85, dated December 4, that approves the regulations of the special employment centres defined in Article 42 of Law 13/82, dated April 7, for the Social Integration of the Disabled.
Regulations for Special Employment Centres - , dated July 17, which regulates the working relationship of special nature of the disabled that work in special employment centres.
It provides that disabled people that due to natural reasons or as a consequence of their disabilities are not able to work, be it temporarily or permanently, under normal circumstances, are to be given work in special employment centres, provided their working capacities are equal or greater than a percentage of their normal capacity, such percentage to be fixed pursuant to the corresponding norm that regulates the special working relationship of disabled workers that carry out duties in special unemployment centres.
Royal Decree 1368/1985 - Royal Decree 27/2000: stipulates alternative measures of exceptional nature with respect to the requirement of the 2%-reserve quota for disabled workers for companies with 50 or more employees.
Royal Decree 27/2000 - Enclaves: The BOE of February 21 publishes Royal Decree 290/2004, dated February 20, which regulates work enclaves as a measure to foster employment of disabled people.
The exceptionally low employment rate of disabled people is the reason why the government and the CERMI agreed to adopt special measures that help fighting inactivity and unemployment of this social group. One of them is fostering "work enclaves."
The objective of work enclaves is to achieve a better integration of disabled workers with special difficulties in the ordinary work market; the enclaves are a useful measure to create more employment opportunities for such centres, as well as to facilitate the transition from a protected work in an special employment centre to ordinary work.
It offers advantages to disabled workers, special employment centres and collaborating companies.
Enclaves - : Royal Decree 870/2007, dated July 2, regulates the supported employment program as a measure for the promotion of work for disabled people in the ordinary work market.
The reality of the different disabilities requires the adoption of specific measures, which can be considered positive action measures within the group of disabled people, since they imply more intense and differentiated treatments to foster work access to these groups of disabled workers, who find it more difficult to access to the work market.
One of the measures that can contribute even more to the placement of severely disabled people in the ordinary work market is the supported employment. The supported employment consists in individualized orientation and accompanying activities provided in the workplace by specialized job coaches to disabled workers who face significant difficulties to gain access to the work market and who carry out their duties in standardized companies, in the ordinary work market and in conditions which are similar to the rest of workers that hold similar posts.
Supported employment - Early retirement: stipulated by Royal Decree 1539/2003, dated December 5.
According to Royal Decree, the normal retirement age of 65 will be reduced in the period that results from the application of the following rates to the effectively worked time: 0.25 for workers whose disability rate is 65% or more, and 0.5 for the workers who need help from someone else to carry out basic daily activities.
Early retirement - Ministerial order that regulates financial aids: the order establishes regulatory basis for the granting of financial aids and public subsidies destined to the promotion of work integration of the disabled in special employment centres and autonomous work.
The order, dated February 21, 1986 ("Official State Newsletter" of 27) provided a series of aids and subsidies to promote the creation of jobs, distributed in different programs, among them the work integration of the disabled in special employment centres and autonomous work. As per Royal Decree 2539/1986, dated December 5 (Official State Newsletter of 17), the jurisdiction over the administration of such aids and subsidies was given to the General Deputy Office of Employment Promotion of the National Institute of Employment (INEM).
Ministerial order that regulates financial aids - LCSP: Law 30/2007 of Public Sector Hirings or LCSP, dated October 30, provides public sector entities a number of tools to incorporate social criteria in the awarding of contracts.
It is applicable to all entities within the public sector: Central State Administration, Basque Autonomous Administration, Regional Governments, District Councils, Municipalities, Public Institutes, Autonomous Organisms and Public Societies.
One of the main novelties in the social field is the one mentioned in the seventh additional provision of the Law, which entitles public sector organisms to set up a "reserve" as a mechanism of affirmative action with the objective that the contract awarding can be made in favour of the Special Employment Centres (CEE), so as to contribute with the creation of jobs for the disabled.
LCSP - Law 43/2006, general scope: Amendment of Law 12/2001, dated July 9, of urgent measures for the reform of the work market to increase employment and quality improvement.
Law 43/2006, general scope