Recent case law specified that the identification of disability based on the percentages provided for in the law is compatible for all cases that occurred before the entry into force of the Convention on the Rights of Persons with Disabilities.

Based on the Convention, the protection of enhanced employment stability is established when the following elements concur:

1. Physical, mental, intellectual, or sensory impairment, to medium and long term.
2. The existence of barriers that may prevent the worker with the impairment from effectively carrying out his or her work on an equal basis with others.
3. That these elements are known to the employer at the time of dismissal unless they are notorious for the case.

In order to request protection, and how the burden of proof operates, the worker must demonstrate that he/she had a disability (freedom of proof in labour) and that the employer knew about the disability at the time of retirement or that it was notorious. When assessing the situation of disability that leads to the protection of reinforced employment stability, at least three aspects need to be established:

1. The existence of a physical, mental, intellectual, or sensory impairment, limitation, or disability of medium or long term (human factor).
2. Analysis of the job, its functions, requirements, demands, the specific working environment and attitude (contextual factor).
3. The comparison and interaction between these two factors, interaction of the impairment or limitation with...

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