{"id":12613,"date":"2024-05-30T09:23:17","date_gmt":"2024-05-30T07:23:17","guid":{"rendered":"https:\/\/bloglaboral.garrigues.com\/?p=12613"},"modified":"2024-05-31T12:58:39","modified_gmt":"2024-05-31T10:58:39","slug":"the-definition-of-person-with-disability-for-the-calculation-of-the-2-quota","status":"publish","type":"post","link":"https:\/\/bloglaboral.garrigues.com\/en\/the-definition-of-person-with-disability-for-the-calculation-of-the-2-quota","title":{"rendered":"The definition of \u2018person with disability\u2019 for the calculation of the 2% quota"},"content":{"rendered":"

The definition of the concept of \u2018person with disability\u2019 includes those who have been recognized permanent total disability (PTD), full permanent disability (FPD) or mayor invalidity (MI) pensions and pensioners of passive classes who have a retirement pension or retirement pension for permanent incapacity for service or futility. The latest regulatory changes and those expected would corroborate the possibility of these people being employed and, therefore, counting towards the 2% quota.\u00a0<\/strong><\/p>\n

Article 42 of Royal Legislative Decree 1\/2023, of November 29, 2013, approving the Consolidated Text of the General Law on the Rights of Persons with Disabilities and their Social Inclusion<\/a> establishes the obligation for public and private companies employing 50 or more people to reserve at least 2% of positions in favor of persons with disabilities. Article 4 of that regulation defines \u2018persons with disabilities\u2019 as \u201cthose who have physical, mental, intellectual or sensory impairments, foreseeably permanent, which, interacting with various barriers, may prevent their full and effective participation in society, on an equal basis with others\u201d. It also establishes that, for the purposes of this, \u201cpersons with disabilities will be those who have been recognized as having a degree of disability equal to or greater than 33 percent\u201d, being understood that they have a disability of that degree \u201cSocial Security pensioners who have been recognized a permanent disability pension in the degree of total, absolute or severe disability and passive class pensioners who have been recognized a retirement pension or retirement pension for permanent disability for service or uselessness\u201d.<\/p>\n

The Employment Act<\/a> of February 28, 2023, amended Article 35 of the referred royal legislative decree to confirm that persons with the mentioned types of pensions, considered as persons with disabilities, also have the right to work.<\/p>\n

This modification may seem paradoxical, since a person who has a recognized FDP or MI pension \u2014which are granted due to the loss of physical capacity for work\u2014 is precisely limited to work.<\/p>\n

Briefly, the limitations of PTD, FPD and MI are:<\/p>\n