GUIDE TO LABOUR INTEGRATION OF DISABLED PERSONS

Catalogue of publications of the General administration of the state

http://publicacionesoficiales.boe.es

Edition done by the public employment service State
Countess of Venadito, 9 . 28027 Madrid

NIPO: 120 . 21 . 008 . 8

Updated in January 2021

Introduction

People with disabilities make up a large and vulnerable group to which the structure and function society has maintained usually in known conditions of exclusion. This has led to the restriction of their basic rights and freedoms shape or hamper their personal development as well as the enjoyment of resources and services available to the entire population and contributing with its ability to the progress of society.

The yearning for a full life and the need to personal fulfilment move to all people, but those aspirations cannot be satisfied if they are restricted or ignored the rights to freedom, equality and dignity. This is the case in which are still today women and men with disabilities, who, despite the undeniable social progress achieved, constrained these rights to access to or use of environments, processes or services that either have not been designed taking into account their specific needs or expressly restrictive to reveal his participation in them.

There is thus a varied and rich set of impediments that deprive people with disabilities full exercise of their rights. The effects of these obstacles materialize in a situation of social exclusion which should be inexcusably addressed by the public authorities.

The social integration of disabled persons is a constitutional right, and corresponds to these public authorities carry out policies to remove barriers that prevent or hinder.

The incorporation to the job market of this group is a leading factor to achieve their full integration.

Below, summarizes the types of procurement and aid for the insertion of persons with disabilities. It is a compendium of existing measures until the time that aims to serve as a guide to both companies and institutions as workers.

Booking fee and alternative measures

, salvo convenio colectivo o voluntad del empresario, siempre que se apliquen medidas alternativas.

  • Realización de un contrato mercantil o civil con un Centro Especial de Empleo (CEE) o con un trabajador autónomo con discapacidad (para el suministro de bienes, o para la prestación de servicios ajenos).

Legislation

Open-ended contract

Women
4 . 500 €/year
Men Women
Under 45 years 5 . 100 €/year 5 . 950 €/year
With 45 years or more 6 . 300 €/year 6 . 300 €/year

A deduction from the full assessment of corporate taxes

  • 9 . 000 €per person per year that is the average number of workers in group a degree of disability equal or exceed the 33 %.
  • 12 . 000 €per person per year that is the average number of workers in group a degree of disability equal or exceed the 65 %.

Grants

Specific subsidies for employment with the support, as established by royal decree 870 / 2007 .

Legislation

  • Royal Decree 1451 / 1983 , 11 de mayo, por el que en cumplimiento de lo previsto en la Ley 13 / 1982 , 7 de abril, se regula el empleo selectivo y las medidas de fomento del empleo de los trabajadores discapacitados
  • Royal Decree 170 / 2004 , 30 january, amending the Royal Decree 1451 / 1983 , 11 may, by which pursuant to law 13 / 1982 , 7 april, regulates the selective application and the employment of disabled workers.
  • Law 43 / 2006 , 29 december, to improved growth and employment.
  • Royal Decree 870 / 2007 , 2 july, which regulates the employment programme with support as a measure promoting employment of persons with disabilities in the regular market.
  • Article 30 the law 14 / 2013 , 27 september, of support for entrepreneurship and their internationalization.

Temporary contract of employment promotion

Features

  • Duration twelve months and three years.
  • A worker is entitled to a compensation twelve days' wages for year worked.
  • In the last 12 months prior to recruitment, contracting company there cannot be extinguished indefinite contracts:
    • dismissal recognized,
    • or dismissed,
    • or redundancies.

Bonuses of Social security contributions during operation contract

  • Workers without severe disabilities:
Age group Men Women
Under 45 years 3 . 500 €/year 4 . 100 €/year
With 45 years or more 4 . 100 €/year 4 . 700 €/year
  • Workers with severe disabilities:
Age group Men Women
Under 45 years 4 . 100 €/year 4 . 700 €/year
With 45 years or more 4 . 700 €/year 5 . 300 €/year

Other assistance

  • Incentives by adapting posts.
  • If the contract becomes indefinite at any time, the same bonuses and subsidies than those of the open-ended contract.

Legislation

  • Additional provision 1 A law 43 / 2006 , 29 december, to improved growth and employment.

Training contracts

Contract for the training and learning

Features of the contract and requirements of workers

  • Duration mínima de un año y máxima de tres (salvo lo especificado en los convenios colectivos, sin que la duración mínima pueda ser inferior a seis meses). Se podrá solicitar autorización al Servicio Público de Empleo correspondiente para la ampliación de la duración máxima del contrato hasta cuatro años.
  • The lack of adequate professional qualifications recognized by the system of vocational training for employment or of the educational system required to conclude a contract to the practices.
  • There is No age limit when is celebrated with persons with disabilities.
  • The time devoted to the theoretical training may not exceed the 75 per cent of the working day the first year, or 85 % during the second and third years. In case of persons with intellectual disabilities, up 25 % work may engage in effective rehabilitation arrangements or personal and social adjustment.

Incentives

  • Reduction/ 100 % of all Social security contributions in enterprises employing less than 250 workers.
  • Reduction/ 75 % of all Social security contributions in enterprises template exceeding 250 workers.
  • In addition, these contracts were bonificarán to 100 % from the contributions of workers to Social security during the whole contract, including its extensions.

In addition: companies that hold contracts for the training and learning to workers with disabilities have the right to a reduction in the 50 % en las cuotas empresariales de la Seguridad Social previstas para los contratos para la formación y el aprendizaje. Esta reducción sera compatible con la reducción/bonificación de los párrafos anteriores cuando esta reducción/bonificación no supere el 100 % y hasta dicho limite o bien no pudiera aplicarse por no cumplir los requisitos o encontrarse en alguna de las exclusiones de acuerdo con lo establecido en la Ley 43 / 2006 .

Bonuses/reductions may in no case exceed 100 per cent of the company quota to Social security that have been entitled to enter.

Observations

  • By transformation of the contract to the completion its initial duration or extended, whatever the timing, reduction in the company quota to Social security for three years 1 . 500 €/year ( 1 . 800 €/year whether they are women).

Legislation

  • Article 11 . 2 , Disposición Adicional segunda y Disposición Adicional vigésima del Real Decreto Legislativo 2 / 2015 , 23 of octubrfe, which approves the consolidated text of the law of the workers' statute.
  • Article 6 paragraph 2 The royal decree rd 1529 / 2012 , 8 de noviembre, por el que se desarrolla el contrato para la formación y el aprendizaje y se establecen las bases de la formación profesional dual.
  • Article 3 Law, 3 / 2012 , 6 july, urgent measures for the reform of the labour market.

This contract into practices

Features of the contract and requirements of workers

  • Duration between six months and two years (the sectoral conventions shall determine the duration of contract).
  • The worker must possess a university degree or middle vocational or higher or a title formally recognized as an equivalent (in accordance with the laws regulating the system of education) or certificate of professionalism (as provided in law 5 / 2002 , 19 june, qualifications and vocational training).
  • The contract should be formalized within seven years following completion of education.

Bonuses of Social security contributions during operation contract

  • Companies that engage in practices contracts with workers with disabilities have the right to a reduction, for the duration of the contract, 50 % the company quota to Social security for common contingencies.
  • If the contract period is equal to or more than twelve months, the company may request grants for the adaptation of the post, elimination of barriers or endowment of means of protection staff.

Observations

  • By transformation of the contract to the completion its initial duration or extended, whatever the timing, reduction in the company quota to Social security for three years 500 €/year ( 700 €/year whether they are women).

Legislation

  • Article 11 . 1 Second additional provision, and Additional Provision twentieth of the royal Legislative Decree 2 / 2015 , 23 of octubrfe, which approves the consolidated text of the law of the workers' statute.
  • Article 7 the law 3 / 2012 , 6 july, urgent measures for the reform of the labour market.

Replacement contract

Features

  • Its objective it is a substitute for a disabled worker who is on leave for temporary incapacity for other workers unemployed persons with disabilities.

Bonuses of Social security contributions

  • 100 % the company quota to Social security for the duration of the contract.

Legislation

  • Additional provision 9 A law 45 / 2002 , 12 december, on urgent measures to reform of the unemployment protection and improvement of fosters employability.

Self-employment

Programme of promotion of self-employment for persons with disabilities

Grants

  • For establishment as self-employed up 10 . 000 €.
  • Of interest on loans that might be necessary to the constitution of the person with disabilities as self-employed, reduction of up to four points on the interest rate specified by the financial entity which confers the loan.
  • To technical assistance, 75 per cent of the cost of services provided (with a cap of up to 2 . 000 €).
  • To training, 75 per cent of the cost of the courses (with a cap of up to 3 . 000 €).

Legislation

  • Order TAS/ 1622 / 2007 , 5 june, which governs the granting of subsidies to the programme for the advancement of self-employment.

Capitalización de las prestaciones por desempleo y subvención de cuotas a la Seguridad Social

Persons with disabilities greater than or equal to 33 % may request 100 % contributory benefit paid.

It is possible to request the payment of the present value of the amount of unemployment benefit of level of contributors to the beneficiaries of allowances in certain circumstances:

  • Be receiving an unemployment benefit level of contributors on cessation of final form in their employment relationship.
  • Having at least three months of provision pending receipt.
  • Having obtained a one-time payment in the 4 years preceding the date of request.
  • The professional activity they will be one of the following:
    1. As a self-employed activity
    2. Constitution or incorporation into a cooperative society or labour or commercial matters.
    3. Initiate within one month from the resolution of granting the right and in any case, dated subsequent to the request.

According to the activity that preveas conduct

You can seek and obtain any of the following modalities:

As a self-employed

  • You have three options:
    1. You can see the current value of the amount of the contributory benefit.
      If you do not get the total amount of your delivery in a single paymentsimultaneously, you can request the payment of the remaining amount to finance the cost of the monthly Social security for the development of your activity.
    2. You can seek and obtain exclusively the amount that justifiques as investment.
    3. You can seek and obtain exclusively the total amount of benefit to be perceived for the grant of monthly fees to Social security.

As a worker or of a continuing nature in a cooperative existing or new

  • You have three options:
    1. You can obtain in a single payment the amount you have to pay, as a mandatory contribution, and where appropriate, voluntary and entry fee to acquire the status of cooperatist, without being able to finance future advances or deferred payments. Will be paid as payment Only the amount of benefit, estimated at full days, which will reduce the amount on the legal interest of the money.
      If you do not get the total amount of your delivery in a single payment, you can request simultaneously the payment of the remaining amount to finance the cost of the monthly Social security for the development of your activity.
    2. You can seek and obtain exclusively the amount that justifiques as an input compulsory and, where appropriate, voluntary and entry fee to the cooperative.
    3. You can seek and obtain exclusively the total amount of benefit to be perceived for the grant of monthly amortizations of Social security.

As a partner or worker working in a stable society existing labour or

  • You have three options:
    1. You can obtain in a single payment the amount you have to pay, to acquire the status of partner in the concept of actions or shares of social capital of the enterprise, without being able to finance capital increases, future advances or deferred payments. Will be paid as payment Only the amount of benefit, estimated at full days, which will reduce the amount on the legal interest of the money.
      If you do not get the total amount of your delivery in a single payment, you can request simultaneously the payment of the remaining amount to finance the cost of the monthly Social security for the development of your activity.
    2. You can seek and obtain exclusively the amount that justifiques as for disbursement to acquire the status of partner in the concept of actions or shares of social capital.
    3. You can seek and obtain exclusively the total amount of benefit to be perceived for the grant of monthly amortizations of Social security.

As a worker, under the age of thirty years

When capitalices contributory benefit until you can allocate 100 % in france to make a contribution to the social capital of an incorporated entity of the new constitution or incorporated in a maximum period of 12 months prior to the contribution, provided that:

  • Desarrolles una actividad profesional o laboral de carácter indefinido respecto a la misma, independientemente del régimen de la Seguridad Social en el que esté encuadrado.
  • In the case to perform an activity-employment of an indefinite time, It must be maintained at least 18 months.
  • No hayas mantenido un vínculo contractual previo con dicha sociedad ni hayas sido trabajador autónomo económicamente dependiente que tuvieras suscrito con la misma sociedad como cliente un contrato registrado en el Servicio Público de Empleo Estatal.

Documentation for the salary will be pursued through the worker of a receipt of wages in the terms agreed by the parties.

If you are under 30 you can spend years the level of benefit are capitalized to cover the cost of the constitution and operation of entities as well as to the payment of taxes and specific advice, training and information related to the activities undertaken.

Legislation

  • Royal Decree 1044 / 1985 , 19 june, which regulates the payment of unemployment benefit in their mode of payment for the present value of its amount, as a measure for promoting employment.
  • Law 45 / 2002 , 12 december, on urgent measures to reform of the unemployment protection and improvement of fosters employability.

Bonuses and reductions in Social security contributions

  • When it causes high initial in the special regime for self-employed or had not been high in the past 2 years immediately before and:
  • To choose minimum rate of contribution:
    • Reduction of 60 euros per month for common contingencies, including the temporary disability, during the first 12 months immediately following the date of effect of the high.
    • Bonus on the quota for common contingencies, equivalent to 50 per cent of the outcome of the minimum contribution basis, as appropriate, the current minimum including the temporary disability, 48 remaining months, until the completion of a maximum period of 5 years from the date of high.
  • That opt for a minimum than:
    • The corresponding reduction 80 % of the quota for common contingencies, including the temporary disability, 12 months immediately following the date of effect of the high.
    • Bonus on the quota for common contingencies, equivalent to 50 % the outcome of the minimum contribution basis, as appropriate, the current minimum including the temporary disability, 48 remaining months, until the completion of a maximum period of 5 years from the date of high.

Legislation

  • Article 32 the law 20 / 2007 , 11 july, of the statute of the self-employment.

With employment

Actions and individualized guidance in the workplace, provided by specialized labour providers with a view to facilitating the work and social adaptation of workers with disabilities with special difficulties entering the labour market.

Recipients

  • Workers with disabilities enrolled in public employment services as a jobseeker not territories, as well as those employed by Special employment centres.
  • In both cases will be in these assumptions:
  • Persons with cerebral palsy, mental illness or people with intellectual disabilities with a disability degree recognized equal or exceed the 33 per cent.
  • Persons with physical disability or sen soria l with a disability degree recognized equal or exceed the 65 per cent.
  • In both cases, should be recruited by a company in the regular market through an open-ended contract or time-bound, at least six months.
  • If you come from the staffing establishment of a special facility for employment, be it in a position to voluntary redundancy.

Grants to employment support

  • Por cada trabajador con parálisis cerebral, con enfermedad mental o con discapacidad intelectual:
    • Degree of discapaciad recognized equal or exceed the 33 per cent and below 65 percent: 4 . 000 €/year.
    • Degree of discapaciad recognized equal or exceed the 65 percent: 6 . 600 €/year.
  • For each worker with physical disability or sen soria l with a degree of discapaciad recognized equal or exceed the 65 % and in the case of deaf and hearing disabilities with a degree of discapaciad recognized equal or exceed the 33 percent: 2 . 500 €/year.
  • Will be used to finance costs of employment and Social Security to be generated during the period of development of the project, arising from the recruitment of preparers. It can be done both during the development of the project as prior to the very beginning.

Legislation

  • Royal Decree 870 / 2007 , 2 july, which regulates the employment programme with support as a measure promoting employment of persons with disabilities in the regular market.

    1. The
    2. The time devoted to the

  • to partially fund projects generating employment (creation or expansion of EEC), with the following amounts:
    • 12 . 020 , 24 €

    • Bonus 100 % the company quota for all contingencies to Social security for temporary and permanent contract (including training contracts). It bonifica the transformation in indefinite contracts training contracts and temporary employment promotion for persons with disabilities.
    • Grant from the wage costs (up to a maximum of 50 % the minimum wage).
    • Grant from the wage costs in the case of severe disabilities (will be in the amount of 55 % the minimum wage) -
    • Grants for adaptation of the job and elimination of barriers.
    • Subvention to balance and to reorganize the EEC (only once).
    • Grant aimed at balancing the budget of the EEC not for profit or have been declared of public utility.
    • Technical assistance.
  • Aid for the support units the professional activity.

It is understood by units of support for the Professional Activity multiprofesionales teams and enclosed within the services of Personal and Social Adjustment of special employment centres, which through the development of different functions and tasks, help to overcome the barriers, obstacles or difficulties that disabled workers of these centres are in the process of admission to employment or work, as well as the right to remain in the same.

Subsidies are intended to support costs of employment and Social Security arising from the recruitment of temporary or indefinite duration equal to or greater than 6 months of the workers of these support units.

The amount of the grant provided for in 1 . 200 per year for each disabled worker who is in any of these situations:

  • Personas con parálisis cerebral, personas con enfermedad mental o personas con discapacidad intelectual, con un grado de discapacidad reconocido igual o superior al 33 per cent.
  • Persons with physical disability or sen soria l, with a disability degree recognized equal or exceed the 65 per cent.
  • Support units will be able to provide Professional service also to disabled workers of a special employment Centre not included in the past, as long as the commitment to these workers does not undermine the attention of the included in the preceding paragraph.

The grant 1 . 200 euros will be reduced prorata depending on the duration of contracts, as well as depending on the duration of the day on the assumption that the contract is part-time.

These grants are awarded by the maximum periods of one year and will be conditional on the existence of budgetary resources for that purpose, as reflected annually in the budgets of the public employment service.

Legislation

  • Order TMS/ 805 / 2019 , 23 july, which increase special grants to the maintenance of jobs of persons with disabilities in special employment centres, established in the order of 16 october 1998 establishing the regulatory basis for granting aid and subsidies aimed at promoting the integration of persons with disabilities in special centres for employment and self-employment.
  • Royal Legislative Decree 1 / 2013 , 29 november, which adopted the consolidated text of the General law on rights of persons with disabilities and their social inclusion.
  • Royal Decree 1368 / 1985 , 17 july, which regulates the employment relationship of special character of the disabled to work in the Special employment centres.
  • Royal Decree 2273 / 85 , 4 december, approving the regulations of the special employment centres as defined in article 42 the law 13 / 82 , 7 april, of social integration of persons with disabilities.
  • Agenda 16 october 1998 establishing the regulatory basis for granting aid and subsidies aimed at promoting the integration of disabled persons in special centres for employment and self-employment.
  • Royal Decree 469 / 2006 , 21 april, establishing the enabling units in the professional activity within the framework of the personal and social adjustment of special employment centres.
  • Royal Decree 20 / 2020 , 22 september teleworking.

Labour Enclaves

Main objectives

  • Promote access to employment persons with disabilities.
  • Facilitate transit of employment protected the ordinary.
  • Meet the booking fee.
  • Enable the better known ordinary venture abilities and skills of workers with disabilities.

Features

  • All workers must be disabled.
  • At least 60 % must submit special difficulties in accessing the labour market.
  • The contract between the company and the CEE must have a duration between three months and three years, with the possibility of extension.

Aid

  • Grant of 7 . 814 €for the company, if recruited indefinitely to people with severe disabilities.
  • Bonuses of Social security contributions during the indefinite contracts:
    • Workers without severe disabilities:
Age group Men Women
Below 45 years 4 . 500 €/year 5 . 350 €/year
With 45 years or more 5 . 700 €/year 5 . 700 €/year
  • Severely disabled workers:
Age group Men Women
Below 45 years 5 . 100 €/year 5 . 950 €/year
With 45 years or more 6 . 300 €/year 6 . 300 €/year
  • Bonuses of Social security contributions during the duration of the contract temporarily:
    • Workers without severe disabilities:
Men Women
Below 45 years 3 . 500 €/year 4 . 100 €/year
With 45 years or more 4 . 100 €/year 4 . 700 €/year
  • Severely disabled workers:
Age group Men Women
Below 45 years 4 . 100 €/year 4 . 700 €/year
With 45 years or more 4 . 700 €/year 5 . 300 €/year
  • There are also targeted subsidies for adaptation of the post and removing barriers.

Rules

  • Royal Decree 290 / 2004 , 20 February, which regulates the work enclaves as a measure of employment of disabled persons.