The recent amendment to Article 49.1.n) of the Workers’ Statute represents a significant milestone in managing permanent disability (PD) situations within the workplace. From now on, the automatic termination of the employment contract will no longer be the immediate or primary response to a declaration of PD. Instead, the aim is to promote labour inclusion and ensure that all possible avenues are explored to maintain the employment relationship, either through job adaptation or internal reassignment.
Key steps for companies
1. Worker’s decision period (10 calendar days)
Once the permanent disability resolution has been notified, the company must grant the worker a period of 10 calendar days to express their intention regarding the continuation of the employment relationship:
- If the worker does not wish to continue, the usual procedure will apply: termination of the contract or suspension with job reservation, as provided in Article 48.2 of the Workers’ Statute
- If the worker wishes to maintain the employment link, the new evaluation, adaptation, and possible reassignment protocol will be activated.
2. Residual capacity analysis and reassignment (maximum 3 months)
From the receipt of the resolution, the company will have a maximum period of three months to:
- Evaluate the worker’s residual functional capacity
- Identify job positions compatible with such capacity and their professional profile
- Clearly and justifiably document the real possibilities of adaptation or reassignment within the company.
3. Intervention of the Prevention Service and prevention delegates or the Safety and Health Committee (CSS)
The Prevention Service will be responsible for:
- Proposing the necessary adjustment measures for job adaptation or reassignment
- Submitting these proposals for review by the prevention delegates or the Safety and Health Committee (CSS), who will have 15 days to issue their report
- After their assessment, the final measures will be formalized.
4. Assessment of business viability
If the company considers that the proposed measures imply a disproportionate burden, it must justify this in writing. The reasons must be objective and verifiable, such as:
- Lack of public aids or subsidies
- Limitations due to the company’s size
- Adverse economic situations.
5. Final evaluation and resolution
Based on the previous analyses:
- The Health Surveillance Service will issue a fitness certificate:
- If the worker is declared unfit, contract termination may proceed
- If declared fit, available vacancies within the company will be reviewed.
- If compatible positions exist, the company will:
- Adapt the position if necessary
- Incorporate the worker into their new functions.
- If no compatible vacancies are identified, the employment relationship may be terminated, always as a last resort.
Towards a culture of labour inclusion
This regulatory change not only modifies legal procedures but also promotes a new cultural approach to labour relations. Companies are now called to adopt a proactive and inclusive attitude that goes beyond mere regulatory compliance and firmly commits to diversity, equity, and sustainability in employment.
