Worker Declared Disabled: Obligation to adapt the position to them

From the 1st of May 2025, when there is a declaration of:

severe disability,
absolute permanent disability,
total permanent disability,

the worker will have a period of ten calendar days from the date on which he/she is notified of the decision to express in writing to the company his/her desire to maintain the employment relationship.

The company will have a maximum period of three months, counted from the date on which it is notified of the resolution in which the permanent disability is declared, to carry out the reasonable adjustments or the change of employment position.

The contract will only be terminated if:

if there is no vacant and available job position, in accordance with the professional profile and compatible with the new circumstances of the worker, or.
if, when there is such a vacant and available position, the employee rejects the change of position which was suitably proposed.
the worker does not make known his willingness to maintain the employment relationship
if the adjustment constitutes an excessive burden for the company.

In determining whether the burden is excessive, particular account shall be taken of the cost of the adjustment measures in relation to the size, economic resources, economic position and total turnover of the enterprise. The burden shall not be considered excessive if it is sufficiently alleviated by public measures, aid or subsidies.

Without prejudice to the foregoing, in companies employing fewer than 25 workers, the burden shall be considered excessive when the cost of adapting the job, without taking into account the part that may be covered by public aid or subsidies , exceeds the greater of the following amounts:
- 1.ª The compensation that would be owed to the worker for unfair dismissal.
- 2.ª Six months of salary of the worker requesting the adaptation.

When the company must communicate the termination to the employee:

The company will have the same period of three months in which to proceed with the termination of the contract, and that decision must be reasoned and must be communicated to the employee in writing.

Who evaluates whether there is a job vacancy and how:

The prevention services will determine, in accordance with the provisions of the applicable regulations and after consultation with the workers' representation on occupational risk prevention, the scope and characteristics of the adjustment measures, including those related to training, information and health surveillance of the worker, and will identify the jobs that are compatible with the new circumstances of the worker.