He Senate full will approve on Tuesday for almost unanimity and definitively the legal reform that will establish the Elimination of Automatic Contract Extinction of work in situations of permanent disability for Survey disability.
After the approval on March 27 in the lower house, the legal text passed to the Senate, where on April 8 the deadline for presenting amendments, which has not happened, so that the legal reform was approved in commission to be elevated to the plenary session of the upper house, where It will discuss and vote on Tuesday.
Having not presented amendments, beyond a Vox veto that did not prosper, the norm already You will not have to be subjected to a vote in Congressso the Senate himself will send it to the Official State Gazette (BOE) for later entry into force.
It should be remembered that, In October, the bill has already exceeded its first parliamentary examinationsince before he could begin his processing in Congress he had to overcome an amendment to the entire return of Vox, which was rejected by all parties, except for the deputies of the training of Abascal.
Thus, the opinion of the presentation of the bill by which the consolidated text of the Workers Statute Law in terms of termination of the employment contract for permanent disability of working people and the consolidated text of the General Social Security Law in the field of Permanent inability It will be approved by almost unanimity.
This legal reform is an old demand from the Spanish committee of representatives of people with disabilities (CERMI) that was collected by the Second Vice President and Minister of Labor, Yolanda Díaz, last year, and which was agreed by both parties before being approved in the Council of Ministers.
Legal changes
The modification of Article 49.1.e) of the Workers’ Statute It will eliminate the reference to automatic extinction due to great disability, permanent disability and temporary permanent disability, thereby separating these causes of the death of the working person.
The possibility of extinguishing the contract, so far in the hands of the company, is conditioned to the will of the working person who may request an adaptation of the reasonable, necessary and adequate job or change to another vacant and available job position, according to their professional profile and compatible with their new situation.
The text also establishes the criteria that allow to determine when the necessary adjustments would constitute excessive cost For the company, specifically assessing if adaptation expenses can be paid with public or total aid or subsidies and also, where appropriate, if they are reasonable for the size of the company.
In addition, during the processing in Congress, in the presentation of the legal reform, some changes in the bill were agreed, among which, within six months and within the framework of the social dialogue, the Government will present a proposal of Modification of Social Security Regulations on permanent disability and its compatibility with work.
Finally, it was agreed that, with the aim of advancing in the principles of equality and non -discrimination In the access and consolidation of the employment of persons with disabilities, within 12 months and within the framework of the Social Dialogue and the Toledo Pact, the Government will present a proposal to modify the regimes of the Civil Guard personnel, the National Police Corps and the Armed Forces to guarantee the possibility of adapting or changing the job in case of absolute permanent disability, total or large disability due to disability. This rule will be presented as a bill.
