Integration, commitment, innovation, quality, effort, overcoming

Introduction

ALTERNATIVE PROVISIONS

As provided for in Article 49 of the Spanish Constitution, a policy for social care, treatment, rehabilitation and integration of people physically, sensorially and psychosocially disabled must make available that specialised care required and shall be specially sheltered in a way that ensures they enjoy the rights these Constitutional Title grants to each and every citizen.

Law 13/1982, of 7th of  April for People with Disabilities Social Integration develops this Constitutional requirement and provides, in its Article 38.1, as worded in Law 24/2001 of 27th of December for Tax, Administrative and Social Areas Actions that public and private businesses must hire, at least, 2% of disabled employees, whenever their payroll numbers 50 or more.

On an exceptional basis, public and private businesses can be released from this duty, if the alternative steps stated in the respective regulations are implemented.

Those steps were established by Royal Decree 27/2000 of 14th of January and Ministry Order of 24th of July, 2000.

The said Royal Decree was revoked by the present Royal Decree 364/2005 of 8th of April, while the Order from the 24th of July, 2000 remains in effect for whatever does not contradict this Royal Decree.

The alternative actions provided for in RD 364/2005 enclose:

  • Entering business or civil law contracts with a Special Employment Centre or a disabled self-employed worker for the supply of raw materials, machinery, capital goods or any other type or property required for implementing normally the operations of a business that selects this process.
  • Entering business or civil law contracts with a Special Employment Centre or disabled self-employed worker to render outsourced and auxiliary services required for the business normal operation.
  • Implementing grants and financial sponsoring actions, always of a monetary nature, to access the labour market and set up jobs for disabled individuals, when the institution that benefits from such cooperation actions is a foundation or public interest socially aimed, institution that, besides other, aims to provide professional training, or assistance for accessing the labour market or set up jobs for people with disabilities and achieve their final inclusion in the labour market.
  • Setting up a work location after signing the respective contract with a Special Employment Centre.