Fundación Privada Gaspar de Portolà
 
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  Legislation on labor integration of people with disabilities  
What is the Legislation?
Alternative Mesures
 LISMI What are the alternative measures?
How to comply with the Legislation in collaboration with the Gaspar de Portolà Private Foundation?
Requirements and Procedures
Calculating the Expense
FAQ
Sanctions for Non-compliance

What is the Legislation?

The Legislation is the "Spanish Social and Employment integration for the Handicapped Act" which was passed in 1982 and regulates the obligation of reserving 2% of all job openings for handicapped workers in public and private companies with more than 50 employees.


Alternative Measures

What are the alternative measures?

As an exception, some companies may be waived of this Legislation by complying with Spanish Royal Decree 364/2005 and Decree 322/2011.

The Alternative Measures to hiring people with disabilities consist of:

    1. The purchase of goods and/or hiring services provided by a Special Employment Centre* or by a self-employed disabled worker.
       

    2. Donating to or sponsoring a Public Service Foundation or Association, the social objective of which is to assist people with disabilities thorug: professional training, job insertion or job creation.
       

    3. The constitution of employment enclaves** in Special Employment Centres*.


(*) A Special Employment Centre is an entity where at least 70% of the salaried personnel have a disability of more than 33%.


(**) An employment enclave is the contract between an ordinary job market company (collaborating company) and a Special Employment Centre (CEE) for work or services directly related to said company's normal operations and which are provided by a group of disabled workers from the CEE who temporarily transfers to the collaborating company's worksite.


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How to comply with the Legislation with the Gaspar de Portolà Private Foundation

The requirements of the legislation can be met in collaboration with the Gaspar de Portolà Private Foundation through some of the Alternative Measures proposed:

  • Purchasing products.

  • Contracting services.

  • Making donations.

If you would like more information (at no cost and commitment-free), send us an email at fundacion@gportola.com or call 936.526.220 and we'll tell you how you can comply with the current regulations.

Plus, the Gaspar de Portolà Private Foundation offers your company:

a) Customised advice on accessing the Alternative Measures and compliance with legislation.

b) High quality and competitively priced products and services made by the Portolà Special Employment Centre (CEE).

c) Corporate Social Responsibility support through contributions to the social integration of people with intellectual disabilities and fostering equal opportunities for a group that is at risk of social exclusion.


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Requirements and Procedures

Requirements

You must obtain a Declaration of Exception to hiring handicapped personnel in order to comply with the Alternative Measures. This document can be requested from the competent authority in each autonomous region.

Once you have obtained the Declaration of Exception, your company must choose one of the Alternative Measures or a combination of them.

Procedures

There are two ways to obtain the Declaration of Exception:

  • The company can prove it has particular production, organisational, technical or financial difficulties in hiring the disabled.

The Declaration of Exception is directly requested from the competent pblic entity in the autonomous region. Moreover, the Alternative Measure the company has decided to implement (i.e. the purchase of good and/or contracting of services or a donation) must be outlined.

The competent authority has a period of two months to make a decision (with administrative silence considered a positive resolution). After this period, the company may pick up the Declaration of Exception which shall be valid for three years.

  • The Public Employment Services or Job Insertion Agencies are not able to find disabled candidates to cover the positions open at the company.

In this case, the first step is to submit a job offer for disabled workers through the Public Employment Services or Job Insertion Agencies.

If the job has not been filled after two months, the Public Employment Service or Job Insertion Agency issues a Certificate that it is impossible to cover the vacancy.

Then, the company must request the Declaration of Exception from the competent public entity in the corresponding autonomous region which is a pre-requisite to being able to adopt the Alternative Measures.


The Declaration of Exception and the adoption of Alternative Measures will be limited to the number of vacancies for disabled workers which could not be covered after processing the job offer.

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Calculating the Expense

The minimum annual expense at Special Employment Centres (CEE) for purchases or contracts will be 3 times the IPREM (Spanish Public Income Indicator for Multiple Effects) per disabled worker not hired.

The minimum annual donation to Special Employment Centres (CEE) is 1.5 times the IPREM (Spanish Public Income Indicator for Multiple Effects) per disabled worker not hired.

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FAQ

Here you will be able to find answers to the most frequently asked questions. If you do not find what you are looking for, you may contact us and we will help you.
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How do I calculate the number of workers on my staff to apply the 2% quota out of the total?

To do this calculation, you must count all of the workers on your staff at all of the company's job sites in the last 12 months including part-time employees.

Temporary contracts of more than 1 year are calculated as permanent workers.

Employees on 1 year contracts or less are calculated according to the number of days worked based on the criteria that said employee corresponds to one more employee for every 200 days worked (including the days that correspond to holidays and weekly breaks.
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Is it possible to comply with the legislation by only purchasing goods or contracting services from a Special Employment Centre?

Yes, as long as you have first obtained the Declaration of Exception from the corresponding Public Employment Services and there is a business contract with the Special Employment Centre in place.
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Upon purchasing products, contracting services or making a donation to a Special Employment Centre, is the company exempt from having to hire disabled workers?

The purpose of the Law is the direct hiring of disabled workers. Although it complies with the Alternative Measures, the company must try to hire disabled personnel to reach the 2% of its staff at a minimum over the course of the 3 years the Declaration of Exception is valid.

If this objective has not been met after 3 years, it must again request another Declaration of Exception in order to again apply the Alternative Measures.
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Can a company apply the Alternative Measures while also hiring disabled workers?

Yes, a company may combine direct hiring with the Alternative Measures which generate indirect employment through Special Employment Centres.
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If a company decided to make donations, can they be made to any type of social entity?

No. Donations may only be made to Public Service Foundations or Associations with a corporate purpose that includes professional training, job insertion or job creation for disabled people.
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How does a company benefit from making a donation?

Firstly, it can comply with the legislation in this manner.

Secondly, the company may deduct said donation on the Business Tax Statement.

Thirdly and finally, it has positive repercussions for the company’s Corporate Social Responsibility as it contributes to the social integration of a disadvantaged group of disabled people.

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How are donations made to the Gaspar de Portolà Private Foundation used?

The funds from the donations are used for training, employment integration and job creation for people with intellectual disabilities. The Foundation informs all donating entities of the specific expense covered by their contribution and of the social results obtained.

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Sanctions for Non-compliance

A failure to comply with the reservation obligation or the application of the Alternative Measures is considered a serious violation that may be fined with up to €3,000. This sanction can be increased up to double the maximum in cases of recurrence.

Plus companies may be sanctioned with:

  • A ban on contracting with public administrations.

  • A ban on receiving various subsidies and assistance.

  • An embargo for the sums of the sanctions.

On the other hand, entities that have a compliance percentage of more than the mandatory 2% are given preference when awarding some public contracts.

 

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The Gaspar de Portolà Private Foundation - Recinto Industrial Colónia Güell - C/ Dels Telers de Roda, 08690 Santa Coloma de Cervelló – Barcelona
Tel.: 93.652.62.20 - Fax: 93.630.19.97 E-mail: fundacion@gportola.com

© 2014 The Gaspar de Portolà Private Foundation - Special Employment Centre