Informative note: General Law on the Rights of Persons with Disabilities and their Social Inclusion | GM INTEGRA HR

Corporate obligations regarding labor inclusion

Labor inclusion of people with disabilities is a fundamental right established in the General Law on the Rights of People with Disabilities and their Social Inclusion (Royal Legislative Decree 1/2013), which replaced the previous Law on Social Integration of the Disabled (LISMI).

This regulation establishes the obligation for companies with 50 or more employees to reserve at least 2% of their workforce for people with disabilities, in accordance with technical criterion 98/2016.

Additionally, it seeks to promote an inclusive work environment, guaranteeing equal opportunities and avoiding any type of discrimination. This contributes to business diversity and compliance with organizations’ corporate social responsibility.

How to comply with the employment quota for people with disabilities?

1. Direct hiring

By incorporating workers with a degree of disability equal to or greater than 33%.

To achieve this, companies can collaborate with entities specialized in labor insertion of people with disabilities, as well as adapt selection processes and guarantee an accessible and adequate environment for performing their functions.

2. Alternative measures

In case of impossibility to hire directly, companies can opt for:

• Subcontracting services with special employment centers or entities whose corporate purpose is the labor integration of people with disabilities.
• Making donations to foundations or associations dedicated to labor inclusion of this group.
• Developing training and labor insertion programs, aimed at training people with disabilities for future employment opportunities.

Consequences of non-compliance

Non-compliance with this obligation can result in economic sanctions for the company, in addition to affecting its reputation and commitment to corporate social responsibility.

Fines can range between 301 and 6,000 euros, depending on the severity of the non-compliance. Additionally, companies that do not comply with the regulations may face difficulties accessing public tenders and receiving government subsidies or aid.

Deadlines and mandatory communication

During the first quarter of each year, companies must send to the labor authority of the corresponding autonomous community a detailed report on the jobs occupied by people with disabilities and those that are reserved for their future occupation.

Each autonomous community enables a specific channel for this communication.

Additionally, it is recommended that companies conduct periodic internal audits to evaluate the degree of compliance with regulations and optimize their labor inclusion policies.

Benefits of labor inclusion of people with disabilities

In addition to complying with regulations, promoting the inclusion of people with disabilities brings numerous benefits to companies, among which stand out:

• Improved work climate, by promoting diversity and equal opportunities.
• Access to tax incentives and bonuses for hiring people with disabilities.
• Greater commitment and motivation from employees, by being part of a socially responsible company.
• Strengthening of corporate image, by aligning with values of inclusion and social responsibility.

Do you need advice?

From GM Integra HR, we offer you a specialized service to guarantee regulatory compliance, manage alternative measures, and advise you in the labor inclusion process. CAN WE HELP YOU?

Contact us and ensure compliance with regulations with the best professional support.

You can contact us:

By email: comunicación@gmintegrarrhh.com

Call us at: 93 872 69 44