Employment support for disabled workers in Spain

Terms used

• IPREM — The IPREM is the public income index Spain uses to set thresholds and minimum amounts for benefits and similar measures.
• IMSERSO — The IMSERSO is the national social services body that issues disability certificates in Ceuta and Melilla.
• Centro especial de empleo — A centro especial de empleo (CEE) is a company where at least 70% of staff are disabled, giving paid work and a path to ordinary jobs.
• SEPE — The SEPE is Spain's state public employment service, which handles job seeking and unemployment benefits.
• Gran invalidez — Gran invalidez is the highest level of permanent incapacity, for people who need help with daily activities.

Key rules

• Certificate: A Spanish disability certificate is the key that opens all three routes.
• Foreign certificate: A certificate from another country does not automatically count in Spain.
• Special employment centres: You must register as a job seeker with your regional employment service to apply to one.
• Incentive amounts: Bonuses and adaptation aid change and vary by region, so confirm current figures before hiring or spending.

The short version

Three routes exist, and all of them depend on having an official disability certificate and the right legal status. Without a Spanish certificate of 33% or more, you generally cannot use any of them.

The hiring reserve

Companies with 50 or more employees must reserve at least 2% of their workforce for workers with a recognised disability of 33% or more. The count covers the whole workforce, whatever the contract type. Part-time and temporary staff are included as an average.

A company that does not comply risks fines from the Labour Inspectorate. In public job offers, at least 7% of vacancies are reserved for people with a disability.

Some companies can be excused, but only in exceptional cases. They need a declaration of exceptionality from the public employment service. It is granted when the selection process could not find candidates, or for productive reasons. The company then uses alternative measures:

• A commercial contract with a special employment centre or with a self-employed disabled worker, for supplies or services. The minimum is 3 times the annual IPREM per unfilled position.
• Donations or sponsorship to a foundation for the employment of disabled people. The minimum is 1.5 times the annual IPREM per unfilled position.

The IPREM is the public index used to set many Spanish benefits and thresholds.

Who counts as having 33%

You count if you hold an official certificate of 33% or more. It comes from your autonomous community's valuation centre. In Ceuta and Melilla it comes from the IMSERSO.

Social Security pensioners with permanent total, absolute or gran invalidez incapacity are treated as having 33% by law. So are class pensioners with permanent incapacity. They do not need a new assessment.

If you come from abroad

You need legal residence and work authorisation, like any other foreign worker. Once you are resident, you can have your disability assessed in Spain. A foreign certificate does not automatically count. Expect to need a Spanish certificate to count for the reserve, to reach special employment centres and to trigger hiring incentives. Residents with a Spanish certificate have the same access as Spanish nationals. Procedures vary by region, so ask your regional employment service how to book the assessment.

Special employment centres

A centro especial de empleo (CEE) is a company that gives paid work to disabled people and helps them move into ordinary jobs. At least 70% of its staff must have a disability of 33% or more. CEEs receive wage subsidies, covering 50% of the minimum wage.

To apply you need the 33% certificate and registration as a job seeker with your regional employment service. Then apply directly to the centre or through the employment service.

Hiring incentives

Employers who hire a worker with a disability can get Social Security bonuses. For an indefinite contract the figure is roughly 4,500 euros a year. It is higher for women, workers over 45 and people with a severe disability. Temporary contracts get less. There is also aid for converting contracts and for supported employment. Regions add their own grants.

Amounts change, so ask the SEPE or your regional employment service for the current figures before you hire.

Aid to adapt a workplace

Employers and self-employed disabled workers can apply to the regional employment service for aid towards adapting a work post or removing barriers. It covers part of the cost, with a cap per worker set by each region. Ask for the current cap before you commit to any spending.

The decision, documents, checklist and FAQ below help you pick an option and prepare.

Choosing between options

How will the company meet the disability employment reserve?

• Hire workers with a disability: Best when the company can find candidates with a certificate of 33% or more through its selection process and wants to meet the reserve directly.

• Sign a contract with a special employment centre or a self-employed disabled worker: Fits when the selection process cannot find suitable candidates or there are productive reasons, and the company buys supplies or services worth at least 3 times the annual IPREM per unfilled position.

• Donate or sponsor a foundation for the employment of disabled people: Fits in the same exceptional cases when a contract is not practical, with a minimum of 1.5 times the annual IPREM per unfilled position.

Hiring is the normal route. The two alternative measures are allowed only after the public employment service issues a declaration of exceptionality, based on a selection process that found no candidates or on productive reasons.

Documents you need

• Disability certificate of 33% or more, issued by your autonomous community's valuation centre (the IMSERSO in Ceuta and Melilla). It counts towards the company quota and opens access to special employment centres.

• Proof of a Social Security pension for permanent total, absolute or gran invalidez incapacity, or a class pension for permanent incapacity. Pensioners are treated as having 33% by law, so this can replace a separate assessment.

• Spanish certificate of disability if you come from abroad: a foreign certificate does not automatically count, so you need to have your disability assessed in Spain once you are a legal resident.

• Work authorisation and legal residence if you are a non-EU foreign worker.

• Job seeker registration with your regional employment service, needed to apply to a special employment centre.

• Declaration of exceptionality from the public employment service, needed by a company that wants to use alternative measures instead of the reserve.

Checklist

• Check whether the company has 50 or more employees, counting part-time and temporary staff as an average, since the 2% reserve applies from that size.

• Ask the employer to check how many employees have a recognised disability of 33% or more compared with the 2% reserve.

• Ask your regional employment service which Social Security bonuses apply to hiring a worker with disability, including bonuses for indefinite or temporary contracts.

• Ask the regional employment service whether the employer or a self-employed disabled worker can get aid to adapt the job post and remove barriers.

Frequently asked questions

Can a company avoid the reserve by working with a special employment centre?

Yes, a company can be excused from the reserve in exceptional cases by signing a commercial contract with a special employment centre (CEE) or a self-employed disabled worker, or by donating to a foundation that supports disabled people's employment. The company first needs a declaration of exceptionality from the public employment service. The minimum amount is 3 times the annual IPREM (a public benchmark figure) per unfilled position for contracts, and 1.5 times for donations.

Does a foreign disability certificate count for the reserve?

Generally no, a foreign certificate does not automatically count, so you usually need a Spanish certificate of 33% or more. Once you are a legal resident with work authorisation, ask the regional valuation centre to assess your disability.

What does a special employment centre pay its workers?

Special employment centres receive a wage subsidy of 50% of the minimum wage for their workers with disability. To work in one, you need the 33% certificate and must register as a job seeker with your regional employment service.

Who counts as having 33% disability without a new assessment?

Yes, some pensioners count as having 33% by law without a separate assessment. This covers Social Security pensioners with permanent total, absolute or gran invalidez incapacity, and class pensioners with permanent incapacity. Everyone else needs the certificate from the regional body.