Legislation on occupational integration

Fundación ONCE and the Fundosa Group, with over 20 years of experience in job creation for persons with disabilities, offer companies:

  • Occupational mediation and training for persons with disabilities.
  • Legal advice on the application of alternative measures.
  • Generation of indirect jobs for persons with disabilities through its CEEs.
  • Management and reception of donations to promote actions that contribute to job creation and training of persons with disabilities.

Legal framework

Act for Social Integration of Persons with Disabilities (Act 13/82 LISMI). Regulates the obligation of companies with 50 or more employees to reserve 2% of their headcount for persons with disabilities.

When the fulfilment of LISMI is not possible, the law establishes an exceptional and transitional period in which the company can undertake "alternative measures" for integration, until it can directly hire persons with disabilities.

Exceptionality

The Exceptionality Certificate is a document issued by the competent Employment Service in each case, who understands there are exceptional circumstances in the following scenarios:

  • In the event of an impossibility of covering the job portfolio by persons with disabilities.
  • When matters that entail special difficulty to hire workers with disabilities into the company headcount are accredited.

Alternative measures

Royal Decree 364/2005, 8 April, establishes alternative exceptional measures for fulfilling this obligation.

  1. 1. Service provision contracts or purchase of goods with Special Employment Centres or a freelance employee with disability.
  2. 2. Cash donations or sponsor actions in favour of foundations or public utility associations whose corporate purpose includes, among others, professional training, occupational insertion or job creation favouring persons with disabilities.
  3. 3. Constitution of occupational enclaves with Special Employment Centres.

The calculation of the annual amount of measures 1 and 3 shall be three times the annual IPREM for each person with disabilities not engaged under 2%. For measure 2, the calculation shall be 1.5 times annual IPREM for each person with disabilities not engaged under 2%.

Steps to follow

  1. 1. Calculation in number of employees with disabilities necessary to meet the 2% or, in its defect, calculation of the amount necessary to engage to CEE or donation and resolution to such respect.
  2. 2. Presentation of the public job offer for persons with disabilities or allegations of special difficulty to engage and proposal of alternative measure.
  3. 3. Obtaining the Exceptionality Certificate and authorization to apply the alternative measure.
  4. 4. Contract with EECs and/or effective donation.
  5. 5. Planning of activities for the fulfilment of LISMI through the creation of direct jobs, during the effective period of the exceptionality certificate.

Alternative measures in the website of the Fundosa Group