As of May 1st, Organic Law 2/2025 introduces an important change to Article 49 of the Workers’ Statute: being declared is no longer an automatic reason for terminating an employment contract.
Employees now have ten calendar days from the notification of their permanent disability decision to let the company know if they want to stay on. The company then has up to three months to assess the situation and either make reasonable adjustments to the employees’ position or reassign them to a suitable role.
During this time, the employment contract is suspended but the job position remains reserved. The contract can only be terminated if the required adjustments would place an excessive burden on the employer, no suitable position is available, or the employee turns down the new role.
This reform strengthens the rights of workers with permanent disabilities, aligning Spanish law with EU legislation and the UN Convention on the Rights of Persons with Disabilities. It also reflects the case law of the European Court of Justice, which requires employers to consider reasonable accommodation before ending employment due to disability.
At addwill, we provide expert legal advice to help you comply with this new requirement and implement it effectively within your organization.
If you need more information or tailored support, feel free to contact our labor law team at addwill. You can call us on +34 93 487 52 00, email us at comunicacio@addwill.eu, or click here.