Legislation regarding labour integration 

The ONCE Foundation and the Fundosa Group, with more than 20 years experience in generating employment for people with disabilities, offer companies:

• Labour mediation and training for people with disabilities
• Legal advice for the application of alternative measures
• Generation of indirect employment for people with disabilities through their Sheltered Workplaces
• Management and receipt of donations to promote actions which contribute to the generation of employment and training for people with disabilities.

Legal Framework

Ley de Integración Social de Personas con Discapacidad – Ley 13/82 LISMI (Social Integration of People with Disabilities Act)

This regulates the obligation of companies with 50 or more workers to reserve 2% of their workforce for people with disabilities.

When fulfilment of the LISMI is not possible the law establishes an exceptional and transitory period in which the company can invoke the “alternative measures” for integration, until they can achieve direct employment of people with disabilities.

Exceptionality

The Exceptionality Certificate is the document issued by the relevant Employment Service in each case, which will recognise that circumstances of exception concur in the following events:

• When coverage of the employment offer by people with disabilities is impossible.
• When there exist proven reasons which cause special difficulty for the incorporation of workers with disabilities onto the company workforce.

Alternative Measures

The Royal Decree 364/2005 of 8th April establishes exceptional alternative measures to the fulfilment of this obligation.

1.  Contracts for service provision or the purchase of goods with Sheltered Workplaces or with a self-employed worker with a disability.
2. Donations or monetary sponsorship actions in favour of public utility foundations or associations whose social purpose is, among other things, the professional training, labour insertion or creation of employment in favour of people with disabilities.
3. Constitution of labour enclaves with Sheltered Workplaces.

The calculation of the amount of the 1st and 3rd measures shall be three times the annual IPREM ( Indicador Público de Renta de Efectos Múltiples - an index used in Spain as a reference for the concession of aids, grants, subsidies etc) for each person with a disability not hired as part of the 2%. For the 2nd measure the calculation shall be 1.5 times the annual IPREM for each person with a disability not hired as part of the 2%.

Steps de Folow

 

1. Calculation of the number of workers with disabilities necessary to fulfil the 2% or, failing that, calculation of the amount necessary for contracting with a Sheltered Workplace, or donation and decision to that respect.
2. Presentation of the employment offer published for people with disabilities or allegations of special hiring difficulty and alternative measure proposal.
3. Obtaining the Exceptionality Certificate and authorisation to apply the alternative measure.
4. Contracting with Sheltered Workplaces and / or Donation.
5. Planning actions towards the fulfilment of the LISMI by means of the creation of direct employment, during the term of the exceptionality certificate.

Medidas Alternativas en la web de Grupo Fundosa