GUIDE TO LABOUR INTEGRATION OF DISABLED PERSONS



Catalogue of publications of the General state administration

http://publicacionesoficiales.boe.es

Held by the public employment service State
Condesa of Venadito, 9 . 28027 Madrid

NIPO: 120 . 21 . 008 . 8

Update to january 2021

Introduction

The desire for a full life and the need for realizing human potential move to all the people, but those aspirations cannot be met 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, limited those rights in the access or use of environments, processes or services that are either not designed taking into account their specific needs or expressly restrictive to reveal his participation in them.

So there is a varied and outpouring of set of impediments that deprive people with disabilities the full exercise of their rights. The impact of these impediments are materialized in a situation of social exclusion that has to be addressed by the authorities.

Summarized below are the types of procurement and subsidies granted to the employment of persons with disabilities. This is a compendium of existing measures so far that aims to provide guidance to companies and institutions like the workers.

Booking fee and alternative measures

Public and private enterprises that employ a number of workers in excess of 50 they are obliged to use a number of workers with disabilities not lower than 2 %, salvo convenio colectivo o voluntad del empresario, siempre que se apliquen medidas alternativas.

In the public employment be reserved an amount not less than seven percent of vacancies to be filled from among persons with disabilities.

Exceptionality.

  • Inability of the public employment services or employment agencies can meet the offer of employment after the efforts of brokering necessary.

  • 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).

  • Law 30 / 1984 , 2 august, of measures for civil service reform.

Open-ended contract

Grants *

  • For each open-ended contract to a person with disabilities, full-time, the employer will 3 . 907 €. If the open-ended contract are part-time, this amount will be reduced prorata depending on the established hours.
  • In addition, the adaptation of jobs, the provision of equipment or the removal of barriers, the employer receives a subvention of up to 902 €.

* Subsidies are managed by the autonomous communities

Bonuses of Social security contributions for the duration of the contract

  • Workers without severe disabilities:
Age group Men Women
Under 45 years 4 . 500 €/year 5 . 350 €/year
With 45 years or more 5 . 700 €/year 5 . 700 €/year
  • Workers with severe disabilities:
Age group 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 april, regulates the selective application and the measures to promote the employment of persons with disabilities
  • 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.

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 at least one year and up to three (except as specified in collective agreements, without the minimum duration may be less than six months). You can request authorization from the Public employment service for the enlargement of the maximum duration of the contract up to four years.
  • 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 % the assessments of Social security planned for contracts for the training and learning. This reduction will be compatible with the reduction/bonus to the previous paragraphs when this reduction/bonus does not exceed 100 % and to limit or could not be applied for failure to fulfil the requirements or present in any of the exclusions in accordance with the law 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 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 6 paragraph 2 The royal decree rd 1529 / 2012 , 8 november, which develops the contract for the training and learning and lays the foundation for the dual vocational training.
  • 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

Grants

  • Be receiving an unemployment benefit level of contributors on cessation of final form in their employment relationship.
  • Having obtained a one-time payment in the 4 years preceding the date of request.

According to the activity that preveas conduct

  • 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.
    2. 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

    1. You can obtain in a single payment
    2. the amount that justifiques as for disbursement to acquire the status of partner in the concept of actions or shares of social capital.
    3. the total amount of benefit to be perceived

As a worker, under the age of thirty years

  • In the case to perform an activity-employment of an indefinite time, It must be maintained at least 18 months.

    • 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:

Special employment centres (EEC)

Special employment centres are those whose main objective is to make a productive activity of goods and services, participating regularly in the operations of the market, and are aimed at ensuring gainful employment for persons with disabilities, while they are a means for the inclusion of the largest number of these people in the regime of regular employment.

Working relations of special character

  • The modalities of contract the working group may be either contained in the statute of workers.
  • The contract for the training will be aligned with the provisions of article 11 of the workers' statute and its implementing rules, with the following characteristics:
    1. The duration
    2. podrá alcanzar hasta un límite máximo de dos tercios. No se requerirá la fijación de tiempo dedicado a la formación teórica cuando el contrato se concierte con un discapacitado psíquico cuyo grado de discapacidad no le permita realizar aquélla.
    3. Respecto de las cotizaciones a la Seguridad Social, se aplicará el régimen de bonificaciones o exenciones de cuotas que, con carácter general o específico, resulte más beneficioso.
  • comply with the provisions of article 13 of the workers' statute, without prejudice to the following characteristics:

Grants and subsidies

  • to partially fund projects generating employment (creation or expansion of EEC), with the following amounts:
    • by post stable, if the number of employees with disabilities in template exceeds 90 per cent.
    • by post stable, staff numbers is between 70 and 90 per cent.

    designed to:

    • Technical assistance (studies, feasibility, audits...)
    • Fixed investment in projects of recognized public interest.
  • Aid
    • 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.
    • 50 %
    • Grant from the wage costs in the case of severe disabilities (will be in the amount of 55 %
    • Grant aimed at balancing the budget of the EEC not for profit or have been declared of public utility.
  • Aid for the the professional activity.

1 . 200 per year for each disabled worker who is in any of these :

  • 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.

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 de noviembre, por el que se aprueba el Texto Refundido de la Ley General de derechos de las personas con discapacidad y de su inclusión social.
  • 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 28 / 2020 , 22 september teleworking.

Labour Enclaves

Main objectives

  • Promote access to employment of persons with disabilities.
  • Facilitate the transit of regular to sheltered employment.
  • The booking fee.
  • To help ordinary company's understanding of the skills and abilities of disabled workers.

Features

  • All workers must be persons with disabilities.
  • At least 60 % must present special difficulties in accessing the labour market.
  • The contract between the company and the eec should have a duration of between three months and three years, with possible extension.

Aid

  • Grant of 7 . 814 €for the company, indefinitely if you hire persons with severe disabilities.
  • Bonuses Social security contributions for the duration of the open-ended contract:
    • Workers without severe disabilities:
Age group Men Women
Under 45 years 4 . 500 €/year 5 . 350 €/year
With 45 years or more 5 . 700 €/year 5 . 700 €/year
  • Workers with severe disabilities:
Age group Men Women
Under 45 years 5 . 100 €/year 5 . 950 €/year
With 45 years or more 6 . 300 €/year 6 . 300 €/year
  • Social security contributions for the duration of the temporary 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
  • In addition, there are specific grants for adaptation of the job and elimination of barriers.

Legislation

  • Royal Decree 290 / 2004 , 20 february, regulating labour enclaves as a measure of employment of persons with disabilities.