LGD

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

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

Regarding labor integration, the standard remains intact and only introduces terminological modifications such as eliminating the word “handicapped” by “person with disability” and “insertion / integration” by “inclusion”.

Reserve fee of 2%

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 that at least 2% of them have a disability certificate (percentage of disability equal to or greater than 33%).

Exceptionality and alternative measures

Exceptionality and alternative measures are a mechanism proposed by the LGD to facilitate companies to comply with the law by means other than direct contracting when the company justifies impossibility to incorporate workers with disabilities.

Reasons for exceptionality:

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

• Allegation of causes. When they exist, and this is accredited by the company, causes of productive, organizational, technical or economic nature that motivate the special difficulty to incorporate workers with disabilities to the staff of the company.

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

• Work 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