LGD

General Disability Law (LGD) (Royal Legislative Decree 1/2013)

The General Disability Law is the consolidation in a single legal text that regularizes, clarifies and harmonizes 3 regulations: the LISMI, the LIONDAU (2003) and the Law of Infractions and Sanctions (2007), which until then were the main legal provisions of general character in force in Spain designed to address the rights of people with disabilities.

In terms of labor integration, the rule remains intact and only introduces terminological changes such as eliminating the word “disabled” for “person with a disability” and “insertion/integration” for “inclusion”.

2% booking fee

According to the General Law on Disability, in its article 42.1, those public and private companies that employ 50 or more workers (total number of employees) are obliged to ensure that at least 2% of them have a certificate of disability (percentage disability equal to or greater than 33%).

Exceptionality and alternative measures

Exceptionality and alternative measures are a mechanism proposed by the LGD to make it easier for companies to comply with the law through channels other than direct hiring when the company justifies the impossibility of incorporating workers with disabilities.

Reasons for exceptionality:

• Presentation of offers. Impossibility of the competent public employment services or placement agencies to cover the job offer presented by the company with a person with a disability.

• Allegation of causes. When there are, and the company proves it, causes of a productive, organisational, technical or economic nature that cause special difficulty in incorporating workers with disabilities into the company's workforce.

Alternative measures:

• Commercial or civil contract with a special employment center (CEE), or with a self-employed worker with a disability, for the supply of raw materials, machinery, capital goods or any other type of goods necessary for the normal development of the activity of the company that opts for this measure.
Calculation of the amount: 3 X IMPREM

• Donation or sponsorship. Making donations and sponsorship actions (always monetary) to non-profit entities whose purpose is professional training, job placement or job creation in favor of people with disabilities.
Calculation of the amount: 1.5 X IMPREM

• Labor enclave, after signing the corresponding contract with a special employment center, in accordance with the provisions of Royal Decree 290/2004, of February 20, which regulates labor enclaves as a measure to promote the employment of People with disabilities.
Calculation of the amount: 3 X IMPREM

Download Documents:
  1. Royal Legislative Decree 1/2013. Consolidated Text of the General Law on the Rights of Persons with Disabilities and their Social Inclusion
  2. Request for declaration of exceptionality and alternative measures