Extinción de contratos por incapacidad permanente: nueva regulación y efectos jurídicos
Termination of contracts due to permanent incapacity: new regulations and legal effects
Law 2/2025 of 29 April has introduced a significant amendment to the Workers' Statute and the General Social Security Law regarding the termination of employment contracts due to permanent disability. The reform seeks to strengthen the protection of workers declared disabled, avoiding automatic dismissals and promoting job adaptation or relocation within the company.
Key points of the reform
- A declaration of permanent disability (total, absolute or severe disability) no longer automatically implies the termination of the employment contract.
- Before terminating the contract, the company must analyse whether it is possible to retain the worker through reasonable adjustments or relocation.
- The company bears the burden of proving that such adjustments would be an excessive or impossible burden to implement.
Practical implications for companies
- Duty to assess the possibility of adapting the position or internal relocation before terminating the contract.
- Need to document the reasonable accommodation assessment process to avoid possible legal challenges.
- Reinforcement of obligations not to discriminate on the grounds of disability in the workplace (Art. 4.2.c of the Workers' Statute).
Legal recommendations
Companies and employment law firms are advised to:
- Review internal procedures for managing permanent disability.
- Establish protocols for assessing reasonable adjustments and the feasibility of relocation.
- Train human resources departments on the new regulations on contract termination and workplace discrimination.
Applicable legal framework
This amendment mainly affects the following articles:
- Article 49.1.e) of the Consolidated Text of the Workers' Statute Law (Royal Legislative Decree 2/2015, of 23 October).
- Article 198 of the Consolidated Text of the General Social Security Law (Royal Legislative Decree 8/2015, of 30 October).
- New wording introduced by Law 2/2025, of 29 April (BOE-A-2025-8567).
| Ley 2 2025 Extinción Contrato por Incapacidad permanente | 238 KB |
