Download the official form of a permanent contract for people with disabilities in PDF format from the Ministerio de Trabajo, Immigration and Social Security.
Companies have the right to a series of incentives for hiring people with disabilities or special conditions. Either full-time or part-time indefinitely. As well as associated worker cooperatives that incorporate workers with disabilities as members.
Worker requirements
- Workers with a minimum degree recognized, by the competent body, of disability equal to or greater than 33%.
- Be registered in the Employment Office.
- Not having been linked to the company, group of companies or entity in the 24 months prior to the indefinite contract.
Workers declared to be in a situation of partial permanent disability:
If it does not affect their normal performance, they will have the right to return to the position they were performing before becoming disabled; if this is not possible, their level of remuneration will be maintained.
If the employer proves a decrease in performance, they will provide you with a position appropriate to your residual capacity. When this does not exist, he may reduce your salary proportionally, without this reduction representing more than 25% of it. In no case may this be less than the interprofessional minimum wage, when working full-time.
As a result of having received professional recovery benefits, you regain your full capacity, you will have the right to return to your original job. In the event that he was occupying a lower category position, as long as no more than three years had passed in said situation. Reinstatement is carried out, after notification to the company and personnel representatives, within a period of one month from the declaration of fitness by the corresponding body.
Workers who have been recognized as having a total or absolute permanent disability and have left the company:
Absolute preference for their reinstatement in the last company in which they worked, in the first vacancy that occurs in their category or professional group if, as a result of having received recovery benefits, they have regained their full working capacity.
Workers who have had a permanent disability recognized and have left the company:
If, as a result of having received recovery benefits, they continue to be affected by a permanent partial disability, they will have an absolute preference for their reinstatement in the last company, in the first vacancy that occurs that is appropriate to their work capacity.
Workers with the right to be reinstated must notify the company and personnel representatives within a period of one month from the declaration of aptitude from the corresponding organization. For its part, the company must inform the workers who are in such a situation of any vacancies that exist of equal or lower category. In this way, it is released from its obligation from the moment the worker rejects a job of equal or lower category if he has not obtained full recovery for his usual profession, which does not imply a change of residence.
Company requirements
Any company (or associated labour cooperatives) that hires workers with disabilities; for an indefinite period, full or part-time; must meet the following requirements:
- Be up to date with your tax and Social Security obligations.
- Not having been excluded from access to the benefits derived from the application of employment programs for the commission of very serious infractions
Incentives/aid to companies
Along with the bonus of Social Security business contributions, a series of subsidies are established [for contracts entered into full-time and for the adaptation of jobs] and Deduction for job creation for workers with disabilities [Deductions from the full contribution of 9,000 or 12,000 euros for each person/year increase in the average workforce of workers with disabilities by a degree equal to or greater than 33% or 65% respectively].
If you want more information you can consult the following contents:
- SEPE 2020 contract guide
- Guide to Bonuses for Labor Hiring
- Royal Decree 1451/1983, of May 11. selective employment or measures to promote the employment of disabled workers are regulated
Finally, if you need any type of advice with the hiring procedures, you can contact us! It is always good to leave bureaucratic issues in the hands of specialists.
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