Job integration: Spanish Legislation

Spanish Constitution, 27 December 1978

Preliminary Title. Article 49.

Public authorities shall implement a policy for the welfare, treatment, rehabilitation and integration of people with physical, sensorial and mental disabilities, who shall receive the specialized care they require; the authorities shall be especially diligent in in securing them the rights granted to all citizens under this Title.

Act 8/80, 10 March 1980, Workers Statute

Título 1 Chapter 1 Section 2: Basic labour rights and duties Article 4

2. In a labour relationship, workers are entitled:

Not to be subjected to discrimination due to occupation nor, once occupied, to discrimination for reasons of gender, married status, age except for the limits set in the present act, race, social condition, religious or political creed, membership or non-membership of a trade union, or for language reasons within Spain.
Neither may there be discrimination for reasons of physical, mental or sensorial disabilities, as long as they are able to perform the job or occupation in question.

Act 13/82, l7 April 1982 Act for the Social Integration of People with Disabilities..

Title VII Article 38.

38.1 Publicly owned and privately owned companies employing over 50 steady workers shall place no fewer than 2% workers with disabilities on staff.

38.3 People with disabilities shall be eligible to take part on an equal basis with other applicants in selection tests and examinations for government work, whether for the central government, regional governments, local authorities, public institutions or Social Security.

Act 64/1997 26 December 1997, regulating Social Security and tax incentives to promote stable employment and permanent job contracts.

Incentives for permanent job contracts derived from Royal Decree 1451/83 of 1 May 1983 are the following:

Companies hiring workers with disabilities on a permanent, full-time basis shall be entitled to a subsidy of:

650.000 pesetas for every contract signed
Reductions in employer contributions to Social Security, including work-related injury and illness insurance, as well as joint collection payments, for the duration of the contract in the following amounts:
- a) Seventy percent for every worker with a disability under 45 years
- b) Ninety percent for every worker with a disability over 45 years old.
A subsidy of up to 150,000 pesetas for workplace accommodation.

Act 41/94 Tax deductions for increased numbers of workers with disabilities.

800,000-peseta reduction in company tax for every person-year increasing the average number of workers with disabilities hired on a permanent basis. For workers not employed on a full- time basis, subsidies and deductions shall be in proportion to working hours contracted.

Training contract for people with disabilities

(R.D. Act 8/97) (R.D. Act 2317/93) (R.D. Act - /97)

Special characteristics:

The 21-year age limit for apprenticeship contracts shall not apply to workers with disabilities.

Workers with disabilities accepted on a job-training basis shall not compute towards the ceiling set on the number of apprentices a company can take on as a share of total staff.

Companies that take on workers with disabilities on a job-training basis shall be entitled to a 50% reduction in employer contributions to Social Security for apprenticeship contracts.

Social Security:

Companies entering contracts with workers with disabilities shall be entitled to a 50% reduction in employer contributions to Social Security.

Contingencies covered for apprentices:

Work-related injury or illness cover.

Health care for common illness or non-work-related injury.

Economic benefits for maternity leave, pensions, retirement, death, widowed status and the Social Guarantee Fund.

Formal training

The time allotted to training shall depend on the type of work but may never amount to less than 15% of the maximum working day.

Retribution of workers

The retribution of workers shall be as established by collective bargaining, or else a share of the minimum wage proportional to actual working hours.

Special feature: Companies entering a full-time work-practice contract with disabled persons shall be entitled, for the duration of the contract, to a 50% reduction in employer contributions to Social Security payments for common contingencies.

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