Law 2/2025 has been published, which amends the Workers' Statute to eliminate, definitively, the possibility of automatically terminating the employment contract due to the declaration of total permanent disability, absolute disability or severe disability.
The Spanish labor market is about to take a crucial step in the defense of effective equality. Law 2/2025, which amends the Workers’ Statute to eliminate, definitively, the possibility of automatically terminating the employment contract due to the declaration of total, absolute or severe permanent disability, was published in the BOE on April 30. This regulation will enter into force on May 1, 2025.
This is a paradigm shift: the worker will no longer be expelled from his or her job without further ado but will decide whether he or she wants to maintain his or her employment relationship by requesting an adaptation of his or her job or a change of compatible tasks.
The procedure is as follows: decision, adaptation and protection.
The procedure foreseen in the Law will be as follows:
- Once the permanent disability has been declared, the worker will have 10 calendar days to express his/her will to continue to be linked to the company.
- The company will have 3 months to assess:
- The possibility of adapting to the current position.
- The existence of another vacant and compatible position.
- Or, failing that, to justify that the adjustment would involve an excessive burden.
Only if the adaptation is not possible or is excessively burdensome, and after written justification, the company may terminate the contract.
What does “excessive burden” imply and how is it measured?
The law differentiates:
- Companies with up to 25 workers: The burden is considered excessive if the adaptation exceeds the greater of six months’ salary or the compensation for unfair dismissal.
- Larger companies: The size of the organization, its economic resources and the possibility of public aid to offset the cost will be assessed.
Not just any difficulty justifies dismissal: The Law requires a serious and justified assessment.
A change driven by international and European law.
This reform does not emerge from a vacuum. It is inspired by the Convention on the Rights of Persons with Disabilities (UN, 2006) and the European Union Directive 2000/78/EC, which underline the obligation to make reasonable accommodation before excluding someone from the labor market.
At the national level, moreover, it follows the path set by the recent reform of Article 49 of the Spanish Constitution, which reinforces the prohibition of discrimination on the grounds of disability.
Suspension of contract and adaptation: more time and more protection
In parallel, the Law also modifies the contract suspension regime. While the adjustments or the change of position are being processed, the worker maintains the suspension of the employment relationship with reservation of the position up to a maximum of two years. This is a temporary shield that protects the employee against hasty or unfair decisions.
Impact on companies: more demanding but also fairer management
Companies should:
- Have protocols for adapting workstations.
- Work in coordination with their occupational risk prevention services.
- Thoroughly document the measures taken and duly justify any impossibility of adaptation.
In addition, it will be crucial to train your managers on equal opportunities and reasonable accommodation, thus avoiding the risk of invalidity of dismissals.
You can contact this professional firm for any questions or clarification you may have in this regard.
For more information, please contact Labor consulting
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