Spain - Article 27

Article 27

Measures to support employers
Measures to support workers with disabilities
Discrimination
Employment on the open labour market
Employment in the supported / sheltered sector
Employment in the public sector
Employment of blind and partially sighted women
Self-employment
Vocational rehabilitation and training
Incentive measures to employ workers with disabilities
Legal obligation to employ workers with disabilities
Vocational counselling
Main occupations performed by workers with a visual impairment
Looking for a job
Legal recognition of disabled worker status
Trade unions and workers with disabilities
 

Measures to support employers

The 1982 Social Integration for Disabled People Act (Law 13/1982), as extended by the 2003 Non Discrimination Act (Law 51/2003), and the 2007 Equal Opportunities Act (Law 49/2007) are the main pieces of legislation regarding measures to support employers in Spain.
A range of public funding schemes are available to employers who hire disabled workers, based on the type of work contract.
Employers who hire a disabled worker on the basis of a permanent work contract are entitled to a grant of up to 901 Euros to adapt the premises, to a deduction of 6.000 Euros on Corporate Income Tax and to a wage subsidy of up to 3.907 Euros per employee. Employers also receive a bonus reduction on social security contribution tax. The amount of the bonus is set depending on the profile of the employee, ranging from 4.500 Euros per annum for a employee with a disability rated under 65%, to 5.100 Euros for a disabled employee with a disability equal or superior to 65% and for a female employee with any disability and up to 5.700 Euros if the worker is over 45. These schemes require that the employer retain the worker for at least 3 years.
Employers who hire a disabled worker on the basis of a temporary work contract are entitled to a bonus reduction on social security contribution tax. The amount of the bonus is set depending on the profile of the employee, ranging from 3.500 Euros per annum for an employee with a disability under 65%, to 4.100 Euros for a disabled employee with a disability equal or superior to 65% and up to 4.700 Euros if the worker is a woman or is over 45.
Employers who hire a disabled worker on an interim work contract may receive a 100% bonus on their social security contribution tax for each disabled employee. These employers may also apply for a grant to adapt the premises if the contract is for 12 months or more.
Employers who hire a disabled person on the basis of a traineeship work contract are entitled to up to a 50% bonus on their social security contribution tax per trainee. These employers may also apply for a grant to adapt the premises if the contract is for 12 months or more. Further bonuses can apply if the traineeship is later converted into a permanent work contract.
Employers may also hire disabled workers under the Work Enclave system whereby workers from a sheltered employment centre temporarily join the company. In this case, employers are entitled to a bonus of 7.814 per annum and per permanent contract and to a grant to adapt their premises. Further bonuses are applicable if the contract is full-time.
Sheltered employment centres are supported under a specific scheme. Employers receive a 100% bonus on their social security contribution tax for each disabled employee, up to 1.803 Euros per employee to adapt the premises and a wage subsidy scheme (up to 50% of the Spanish minimal wage). They are also exempted from Value Added Tax on public subsidies. Centres where 70 to 90% of the workforce is disabled receive a bonus subsidy of 9.015 Euros, and up to 12.020 Euros if more than 90% of the workers are disabled.

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Measures to support workers with disabilities

The 1982 Social Integration for Disabled People Act (Law 13/1982), as extended by the 2003 Non Discrimination Act (Law 51/2003), and the 2007 Equal Opportunities Act (Law 49/2007) are the main legislations regarding disability-based discrimination in Spain.

Disabled workers are entitled to a range of tax reduction. In 2008, the net worth taxable income was set at 3.264 Euros for workers with a disability rated under 65% and at 7.242 Euros for workers who require “third party assistance” or who have a level of disability equal or superior to 65% (this rate is applicable to all visually impaired employees).

Under the 1990 Law on Non-Contributory Pension, disabled people who move from social welfare to low income employment may retain part their benefits.

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Discrimination

The 1982 Social Integration for Disabled People Act (Law 13/1982), as extended by the 2003 Non Discrimination Act (Law 51/2003), and the 2007 Equal Opportunities Act (Law 49/2007) are the main legislations regarding disability-based discrimination in Spain.

Under these legislations, both private and public employers must comply with non discriminatory processes in their recruitment procedures.

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Employment on the open labour market

The 1982 Social Integration for Disabled People Act (Law 13/1982), as extended by the 2003 Non Discrimination Act (Law 51/2003), and the 2007 Equal Opportunities Act (Law 49/2007) are the main legislations regarding employment on the open labour market in Spain.

Under these legislations, both private companies and public offices must meet a 2 % disability employment target, irrespective of the volume of their workforce. Employers are provided with “alternative options” if they cannot meet the 2% target, which include:
• subcontracting self-employed or sheltered disabled workers;
• creating a “Work Enclave”, where workers from a sheltered employment centre temporarily join the company;
• the donation of funds to relevant organisations.
A sanction system has recently been introduced to strengthen the existing legislation.

The Spanish government offers a range of schemes and funding programmes to support disabled employees, disabled self-employed workers and employers on the open labour market.

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Employment in the supported / sheltered sector

The Spanish sheltered sector is made of specific centres known as Special Employment Centres (SEC). According to national statistics, 666.900 disabled people are currently employed in SEC, which amounts to approximately 6% of disabled workers nationwide.

Disabled workers make up for over 70% of the workforce in SEC. Many such centres also operate as subcontractors to other companies in the non sheltered sector. This is known as the Work Enclave programme, which operates over a period of at least 3 months and up to 6 years. This system is meant to encourage sheltered workers to move into non sheltered position. For employers, subcontracting sheltered workers is also a way to meet the mandatory disability employment target.
Sheltered employment centres receive a 100% bonus on their social security contribution tax for each disabled employee, a grant of no more than 1.803 Euros per employee to adapt the premises and a wage subsidy scheme (up to 50% of the Spanish minimal wage). They are also exempted from Value Added Tax on public subsidies. Centres where 70 to 90% of the workforce is disabled receive a bonus subsidy of 9.015 Euros, and up to 12.020 Euros if more than 90% of the workers are disabled.
Supported employment positions in the non sheltered sector are mainly found in the public sector, where about 5% of positions are currently reserved to disabled job applicants. Outside of this provision, the Spanish Blind Organisation (ONCE) has argued that supported employment is not clearly regulated by the current disability employment legislation.

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Employment in the public sector

The 1982 Social Integration for Disabled People Act (Law 13/1982), as extended by the 2003 Non Discrimination Act (Law 51/2003), the 2007 Equal Opportunities Act (Law 49/2007) and the Royal Decree on Non Discrimination in State services (Decree 366/2007) are the main legislations regarding employment on the open labour market in Spain.

Under these legislations, public offices must meet a 2 % disability employment target, irrespective of the volume of their workforce. Employers are provided with “alternative options” if they cannot meet the 2% target, which include:
• subcontracting self-employed or sheltered disabled workers;
• creating a “Work Enclave”, where workers from a sheltered employment centre temporarily join the office;
• and the donation of funds to relevant organisations.
A sanction system has recently been introduced to strengthen the existing legislation.

5% of new openings in the public sector are currently reserved for disabled applicants as part of a strategy to rapidly meet the recently introduced 2% target.

The Spanish government offers a range of schemes and funding programmes to support disabled employees, disabled self-employed workers and employers in both the private and the public sectors.

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Employment of blind and partially sighted women.

60% of disabled men and 40% of disabled women are currently employed in Spain. While these figures show a significant statistical improvement compared to the previous decade, they also reveal that there is still a marked gender divide.

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Self Employment

In Spain, the disabled person who is willing to create his or her own job can benefit from the same support options that are generally available at national level.

The visually impaired person can also receive help from ONCE, the Spanish Blind Organisation, which receives support from the Spanish government offices for Finance, Labour and Social Affairs, and Internal Affairs. ONCE offers tailored advice and guidance in career orientation, management and accounting. Financial support programmes such as low interest credits and non-refundable subsidies are also available to encourage self-employment projects.

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Vocational rehabilitation and training

In Spain, disabled people are entitled to the same rehabilitation and training options that are generally available at national level, regardless of whether their disability occurred from birth or later on in their lives.

The visually impaired person can also receive help from ONCE, the Spanish Blind Organisation, which receives support from the Spanish government offices for Finance, Labour and Social Affairs, and Internal Affairs. ONCE employs over 1.500 professionals, including educators, teachers and trainers, psychologists, rehabilitation experts, technology instructors and coaches. Training and rehabilitation take place within a network of over 300 centres nationwide, including several Educational Resource Centres, a University School of Physiotherapy and a Guide Dog School.

Another option is that of the occupational centres, which are day centres attended by disabled people who have not been able to join a sheltered work centre. Activities are typically manual and craft oriented. While some severely disabled people will remain in these day centres, others who successfully develop work skills will go on to join sheltered work centres.

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Incentive measures to employ workers with disabilities.

The Spanish government services and organisations that cater to the blind and partially sighted public conduct various actions and projects in this field. Initiatives to further the professional inclusion of the visually impaired include information campaigns and awareness raising amongst recruiters and employees. The Spanish government offers a range of incentives, schemes and funding programmes to further the employment of disabled people in both the private and the public sectors. The Spanish Blind Organisation ONCE is also involved in employment-driven action plans relevant to the visually impaired workforce.

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Legal obligation to employ workers with disabilities

The 1982 Social Integration for Disabled People Act (Law 13/1982), as extended by the 2003 Non Discrimination Act (Law 51/2003), the 2007 Equal Opportunities Act (Law 49/2007) and the Royal Decree on Non Discrimination in State services (Decree 366/2007) are the main legislations regarding disability employment in Spain.

Both private companies and public offices must meet a 2 % disability employment target, irrespective of the volume of their workforce.

Employers who do not directly hire 2% of disabled workers are provided with the following “alternative options” to make up for the employment target:
• subcontracting self-employed disabled workers
• subcontracting workers from the sheltered sector
• creating a so-called Work Enclave, where sheltered workers temporarily join the company
These options must represent at least 3 times the public indicator per worker and per year for each missing directly hired disabled worker.

Another alternative option is the payment of a contribution through donation or sponsoring of organisations, services or foundation bodies that are engaged with disability employment or vocational training. The amount must represent at least 1.5 times the public indicator per worker and per year for each missing directly hired disabled worker.

Employers may apply for an exemption if they can demonstrate
• that there are no available candidates;
• that the incorporation of available workers would out weight the company's resources.

A sanction system has recently been introduced to strengthen the existing legislation.

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Vocational counselling.

The creation of non-profit private employment agencies in Spain has promoted the direct involvement of disability organisations in vocational guidance and labour mediation processes.

A complete work placement “itinerary” has been designed, starting with a professional skill assessment and discussing the person's aspirations. Based on this assessment, the person will go on to pursue relevant training or receive guidance with the job application process.

60% of disabled men and 40% of disabled women are currently employed in Spain. Disability employment statistics improved significantly over the last decade. According to ONCE, the Spanish Blind Organisation, this improvement is a direct result of better vocational counselling and training options.

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Main occupations performed by workers with a visual impairment.

The main jobs performed by visually impaired workers in Spain are the following :
• Economist, Bank officials and Accounts clerk;
• Teachers, Historians, Political experts;
• Interpreters;
• Lawyers and legal workers;
• Physiotherapists;
• IT Specialists (analysts, systems management or development engineers and programmers).

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Looking for a job

In Spain, disabled people are entitled to the same rehabilitation and training options that are generally available at national level, regardless of whether their disability occurred from birth or later on in their lives.

Visually impaired people can also receive help from ONCE, the Spanish Blind Organisation, which receives support from the Spanish government offices for Finance, Labour and Social Affairs, and Internal Affairs. ONCE employs over 1.500 professionals including training specialists and job coaches.

The creation of non-profit private employment agencies in Spain has promoted the direct involvement of disability organisations in vocational guidance and job placement. A complete work placement “itinerary” has been designed, starting with a skill assessment of the disabled job seeker as well as discussing and developing his/her career aspirations. Based on this assessment, the person will go on to pursue relevant training or receive guidance with the job application process.

60% of disabled men and 40% of disabled women are currently employed in Spain. Disability employment statistics improved significantly over the last decade. According to ONCE this improvement is a direct result of better vocational counselling and training options.

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Legal recognition of disabled worker status

There is currently no specific legal status for disabled people in Spain. However, the Spanish legislation guarantees that disabled people can benefit from a number of specific measures such as tax deduction, early retirement and specific health care provisions.

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Trade unions and workers with disabilities.

No information.

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