WHAT OBLIGATIONS DOES THE LAW REQUIRE IN TERMS OF HIRING OF PEOPLE WITH DISABILITIES?

In accordance with article 42 of the RDL 1/2013, public or private companies with 50 or more working people are obliged to hire a number of working people with disabilities of no less than 2 % of their staff.


ARE THERE OTHER ALTERNATIVES FOR COMPLIANCE WITH THIS LAW?

In accordance with Royal Decree 364/2005, companies obliged to comply with the aforementioned 2% may be exceptionally exempt from this obligation when:

  • Lanbide, Public Employment Service, has not been able to cover an offer for people with disabilities presented by the company.
  • There are reasons of a productive, organisational, technical or economic nature which seriously hinder the incorporation of people with a disability into the staff of the company. In this case, Lanbide may request certifications and reports from public and private entities other than the applicant company.
  • This is reflected in collective sector negotiation at a national or lower level.
  • In order for a company to be able to apply the alternative measures offered by the law, it is an essential requirement that it have the certificate of exceptionality recognised.


WHAT IS THE CERTIFICATE OF EXCEPTIONALITY?

It is an official certificate issued by Lanbide, which temporarily accredits that the company cannot hire people with disabilities, meaning that it is to implement one of the 4 alternative measures offered by the law for compliance.

WHAT ALTERNATIVE MEASURES DOES THIS LAW OFFER?

  • 1. Enter into a commercial or civil contract with a Special Employment Centre or with a self-employed working person with a disability, for raw materials, machinery, equipment wares or any other kind of goods for the development of the activity of the company.
  • 2. Enter into a commercial or civil contract with a Special Employment Centre or with a self-employed working person with a disability, for external service provision, ancillary to the activity of the company.
  • 3. Make a donation or sponsorship action, of a monetary nature, to an Association or Foundation of public service, whose social objective is, among others, the professional training, labour insertion or job creation in favour of people with a disability.
  • 4. Constitute a work enclave as stipulated in Royal Decree 290/2004.


WHAT DO WE OFFER YOU AT EHLABE?

  • The EHLABE associate entities offer you an integral response to the fulfilment of the law on the hiring of working people with disabilities:
  •  Advice and information about the legal and economic advantages that each hiring formula can offer you.
  • Search for opportunities, analysis of positions and selection processes for working people with disabilities in companies.
  • Training and accompaniment at the workstation of the person selected.
  • Comprehensive advice on the possible application of alternative measures in your company.
  • If you would like more information, please contact EHLABE.


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