A newly enacted law in Spain marks a significant shift in the rights of workers with disabilities. Inspired by the UN Convention on the Rights of Persons with Disabilities, European legislation, and recent jurisprudence from the European Court of Justice, this law emphasizes the need for reasonable adjustments in the workplace before considering contract termination. Law 2/2025 officially went into effect on May 1.

Key Objectives and Provisions

The primary goal of the law is to ensure the right to work under equal conditions for individuals with disabilities. The law eliminates the automatic termination of contracts due to severe, absolute, or total permanent disability unless:

• Adjustments cannot be made without imposing a significant burden on employers.
• No compatible vacant positions exist.
• The worker rejects the proposed new position.

Modifications to Existing Legislation

Statute of Workers

• Article 48.2: Recognizes the suspension of employment with job reservation for up to two years following the declaration of permanent disability.
• Article 49.1: Limits the causes of contract termination to death and introduces a new clause regulating termination due to permanent disability only if reasonable adjustments cannot be made.
• Procedural changes: Establishes a 10-day period for the worker to express their desire to maintain the employment relationship and a maximum of three months for the employer to make adjustments or terminate the contract, with a clear threshold for “...

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