Article 41 of Law 13/1982 of 7 April 1982 on the social integration of the disabled provides that disabled persons who, by reason of the nature or the consequences of their disability, cannot, provisionally or definitively, to carry out a work activity under the usual conditions, they must be employed in Special Employment Centres, where their working capacity is equal to or greater than a percentage of the usual capacity, which will be fixed by the (a) a corresponding standard for the employment relationship of a special nature for disabled workers, provide their services in Special Employment Centres.

This configuration in a rule with a range of Law on the relationship of the disabled who work in Special Employment Centers as a special employment relationship is consistent with the content of Article 2. 8/1980, of 10 March, of the Staff Regulations, which provides for the consideration as a special employment relationship of the work which is expressly declared by a law as labour relations of such a character. For its part, the additional provision of Law 32/1984 of 2 August 1984 on the modification of certain articles of the Law of the Workers ' Statute established, as the Government, within the maximum period of twelve months from the date of the entry into force of Law 32/1984, would regulate the legal regime of the special employment relations provided for in Article 2. 1 of Law 8/1980 of 10 March of the Staff Regulations.

In compliance with this mandate, and by making use of the rating contained in the reference standards, this Royal Decree regulates the special employment relationship of the disabled working in Special Centres. In the case of employment, the rule is that it has been drawn up with the basic criterion of collecting a scheme of labour rights and duties, as close as possible to that of the common industrial relations, together with which a number of specific features have been established. (i) the objective of the disabled is to be met in order to meet the specific needs of disabled people; labour integration of disabled workers, who are themselves of these special centres.

In its virtue, consulted the most representative Entities and Trade Union and Business Organizations, in agreement with the State Council, and after deliberation of the Council of Ministers at its meeting of the 17th day of July 1985,

DISPONGO:

CHAPTER FIRST

General provisions

Article 1. Scope and exclusions.

One. -This Royal Decree regulates the special employment relationship between the disabled and the Special Employment Centres, provided for in Article 41 of Law 13/1982, of 7 April, Social Integration of the Disabled.

Two.-The employment relationships between the Special Employment Centres and the non-disabled staff providing their services in such centres and that of disabled workers are excluded from their scope of application. to provide services in other types of companies.

Art. 2. Subjects of the employment relationship.

One. The effects of the present Royal Decree are workers who, having a recognized disability in a degree equal to or greater than 33 per 100, and, as a result, a decrease in their capacity to work less or less equal to or more than that percentage, provide their labour services on behalf of and within the organisation of the Special Employment Centres as defined in Article 42 of the Law on the Social Integration of the Disabled.

The decrease in work capacity will be appreciated by being in relation to the normal working capacity of a person of similar professional qualification.

The determination of the degree of disability will be carried out by the Multiprofessional Teams in a reasoned decision, with the corresponding scales set out in the Order of 8 March 1984, or in the corresponding regulatory rule that can replace it.

Two.-Also for such purposes are the natural persons, legal persons or communities of property which, as holders of a Special Employment Center, receive the provision of services of the workers referred to in the previous.

Art. 3. Ability to hire.

They may enter into such contracts in themselves, in accordance with the provisions of Articles 6 and 7 of the Staff Regulations, of persons who are fully capable of acting in accordance with the provisions of the Civil code, or those which, still having the capacity to act limited, would have obtained the corresponding authorization, express or tacit, of whom it will have their legal representation.

Art. 4. Access to employment.

One.-Disabled persons who wish to have access to employment in a Special Employment Centre must be registered with the corresponding Employment Offices. These Offices shall classify job seekers protected by reason of the type and degree of disability that they were affected by and the degree of work capacity that would have been recognised by the Multiprofessional Teams.

Two.-The holders of the Special Employment Centres will have to request from the corresponding Employment Office the disabled workers they intend to employ, describing in detail in the offers that they make (a) to cover, the technical characteristics of the work and the personal and/or professional circumstances to be met by the workers. The Office of Employment will obtain from the Multiprofessional Teams the information on the workers who, finding themselves registered as job seekers, are adapted to the job's characteristics. The Employment Office shall provide to the undertakings the employees who are in a position to perform the work in question.

Art. 5. Contract form.

The contract must be formalised in writing in the model contained in the Annex and in an exemplary fourfold and shall be submitted for registration and visa at the Office of Employment concerned, which, once completed, shall return a copy to each of the parties and send another copy to the relevant Multiprofessional Team.

Art. 6. Object of the contract.

One.-The work carried out by the disabled worker at the Special Employment Centres must be productive and remunerated, appropriate to the individual characteristics of the worker, in order to promote personal adaptation and (a) to facilitate, where appropriate, their subsequent labour integration in the ordinary labour market.

Two. -In order to ensure that the work is adapted at all times to the personal and professional characteristics of the disabled worker and to assess the degree of professional adaptation achieved, the Multiprofessional Teams subject to review, at least for a period of two years. If, as a result of the review, the Multiprofessional Teams will observe that the work carried out by the worker poses a serious risk to their health, they will have to declare the inadequacy of the same, and in this case the worker to occupy another post appropriate to its characteristics within the Centre itself and if this is not possible shall cease in the provision of services, subject to the conditions laid down in Article 16.

In the event that the risk is determined prior to the periodic review of the Multiprofessional Team, the same form will be carried out, giving an immediate account to the Multiprofessional Team.

Art. 7. Contract modes.

One. -Contracts that are designed by the Special Centers for Employment may be adjusted to any of the modalities of the contract of employment provided for in the Staff Regulations and in their implementing rules, with the exception of Contract of work at home.

Two. The training contract shall be in accordance with the provisions of Article 11 of the Workers ' Statute and its implementing rules, with the following characteristics:

(a) The maximum duration of the contract may be extended after a favourable report by the Multiprofessional team when, due to the degree of disability and other personal and professional circumstances of the worker, it has not the minimum level of knowledge required to perform the job, without, in any case, being able to exceed six years.

b) The Training Plan should be reported favourably by the Multiprofessional Team.

(c) The overall time for teaching may be up to a maximum of two-thirds.

It will not require time-setting for teaching when the contract is designed with a disabled psychic whose degree of disability does not allow him to develop that.

When circumstances so require, the Company may designate a worker for the purpose of monitoring and monitoring the disability throughout the training process.

(d) In the case of social security contributions, the scheme of allowances or exemptions from quotas which, in general or specific terms, is more beneficial.

CHAPTER II

Job relationship content

Article 8. General principles of the organization of work.

One. -The holder of the Special Employment Center, his legal representatives and, in general, the management staff of the Center are obliged to treat at all times the disabled worker with the respect and consideration due to his personal and professional dignity.

Two. -The organization and the working methods applied in the Employment Centers will try to resemble those of the ordinary company as much as possible, if the personal and professional conditions of the worker allow it, with the purpose of promoting their future occupation of an ordinary job.

Three. -At the Special Employment Centres, the measures of safety and hygiene in the work provided for in the General Ordinance and other specific rules on the subject, without prejudice to the (a) the necessary adjustment of the conditions of the work centre and, where appropriate, the special circumstances of the employees who provide the services themselves, In these cases the corresponding authorization of the Provincial Inspection Labor and Social Security.

Art. 9. Labor rights and duties.

Disabled workers will have the basic rights and duties provided for in the Workers ' Statute.

Art. 10. Duration of the contract.

One. -The contract of employment is presumed to be arranged indefinitely. However, work contracts of a duration determined in accordance with Article 15 of the Staff Regulations may be concluded.

Two. -In order to facilitate the professional adaptation of the disabled worker for the performance of the tasks that constitute the content of his or her job or, if necessary, complete the necessary training for himself, in the contracts may be agreed for a period of adaptation to the work which, in turn, shall have the character of the probationary period and the duration of which may not exceed six months.

The need for the disabled worker to go through a period of adaptation to work and the conditions of this work will be determined by the Multiprofessional Team.

Art. 11. Promotion on the job.

The provisions of Section 3 of Chapter 2 of Title I of the Workers ' Statute shall be in accordance with the provisions laid down in the second chapter of Title I of the Staff Regulations. Multiprofessional team.

Art. 12. Salary and salary guarantees.

The provisions of Section 4 of Chapter 2 of Title I of the Staff Regulations shall be subject to the following characteristics:

(a) Where incentives are used to stimulate performance at work, it is not possible to establish those which may, in the opinion of the Multiprofessional Teams, pose a risk to the health of the worker or his/her physical or moral integrity.

(b) The worker shall be entitled to two extraordinary bonuses per year, the amount of which shall be at least for each of them thirty days of base salary increased with the personal complement of seniority.

(c) Where the personal circumstances of the disabled person so require, the contract may be concluded under performance, understanding as such that the disabled worker, still providing his services during a working day normal work, does so with the lower than normal performance by 25 per 100, provided that such circumstance has been verified by the corresponding Multiprofessional Team. In any event, the reduction in the salary corresponding to the category and job to be performed may not exceed the percentage quoted.

Art. 13. Time of work.

In the matter of working time, breaks, holidays, holidays and permits, the provisions of Section 5 of Chapter 2 of Title I of the Workers ' Statute shall be subject to the provisions of Title I of the Staff Regulations. following:

a) In no case can more than eight hours of effective daily work be performed.

(b) Overtime shall be prohibited unless necessary to prevent or repair claims and other extraordinary damages.

(c) The worker, after warning and justification, may be absent from work to attend medical-functional rehabilitation treatments and to participate in career guidance, training and retraining actions, with the right to remuneration, provided that such absences do not exceed ten days in one semester.

CHAPTER III

Modifying, suspending, and extinguishing the work contract

Art. 14. Functional and geographical mobility.

One. -The functional mobility within the Company, which shall be carried out without prejudice to the economic and professional rights of the worker, shall not have other limitations than those provided for in Article 39 of the Staff Regulations. Workers, as well as the corresponding aptitude of the worker to the new job. With regard to geographical mobility, the provisions of Article 40 of that legal text shall be as laid down.

Two. -In both cases the Multiprofessional Team report will be required.

Art. 15. Changing working conditions.

The provisions of Article forty and one of the Workers ' Statute shall be in accordance with the provisions of the Multiprofessional Team report.

Art. 16. Termination of the Work Contract.

One. -It shall apply as set out in Section 4 of Chapter III of Title I of the Staff Regulations, except as regards the provisions of Article fifty and two, on the termination of the contract for reasons of reason objective, in respect of which the rules contained in the following paragraph shall apply.

Two. The contract may be extinguished:

(a) For the ineptitude of the worker, known or over-coming after their effective placement in the company, and which must be verified by the Multiprofessional Team. The ineptitude which existed prior to the performance of the adaptation or testing period provided for in Article 10 (2) may not be alleged after such compliance.

(b) For lack of adaptation of the worker to the technical modifications operated at his/her job, established by the Multiprofessional Team, where such changes are reasonable and have elapsed at least three months since the modification was introduced. The contract shall be suspended for the time required and up to a maximum of three months, where the undertaking offers a course of conversion or further training by the Official or competent Body, which enables it to required adaptation. During the course, the worker will be paid the equivalent of the average salary he/she is receiving.

c) For work-assistance failures, still justified, but intermittent, that reach 25 per 100 of the working days in two consecutive months or 30 per 100 in four discontinuous months, within a period of twelve months, provided the absenteeism index of the total job center template exceeds 5 per 100 over the same time periods.

It shall not be counted as any failure to assist, for the purposes of the preceding paragraph, the absences due to legal strike, for the duration of the same, to the exercise of activities of legal representation of the workers, accidents at work, maternity, leave and leave, sickness or accident at work, where the discharge has been agreed by the official health services and lasts for more than 20 consecutive days.

Art. 17. Suspension of the Contract of Work.

The Labor Contract may be suspended in the cases provided for in Article forty-five and following of the Workers ' Statute.

Art. 18. Infringements and penalties.

In this matter, the provisions of Articles fifty-seven and fifty-eight of the Workers ' Statute will be in place.

Art. 19. Limitation periods.

In matters relating to the limitation of the limitation of actions arising from the contract and of the infringements and faults, the provisions of Articles 50 and nine and sixty of the Staff Regulations shall be as laid down.

CHAPTER IV

From the representation of workers in enterprise and collective bargaining

Art. 20. Of the rights of collective representation and assembly.

The exercise of the rights of collective representation and the meeting of disabled workers providing services at the Special Employment Centres shall be in accordance with the provisions of the common labour law.

Art. 21. From collective bargaining.

In the matter of collective bargaining, the provisions of Title III of the Workers ' Statute will be included, with the sole exception that in the agreements with the Company, they will be legitimized for negotiation. associations which may have the same degree of representation in the sector corresponding to that required in the field of work common by Article 80 and seven of the Staff Regulations.

ADDITIONAL PROVISIONS

First.

The Employment Administration will exercise in the scope of this special employment relationship how many competencies are attributed to it by the Common Labour Law.

Second.

Disabled workers falling within the scope defined in Article 1 shall be beneficiaries of the benefits of the Wage Guarantee Fund.

Third.

The conflicts that arise between workers and companies, falling within the scope of this Royal Decree, as a result of the employment contract, will be the responsibility of the social court.

TRANSIENT DISPOSITION

As long as the constitution and functioning of the Multiprofessional Teams are regulated, it will be the current Valuation Units that assume the functions that in this Royal Decree are entrusted to those.

FINAL DISPOSITION

The Minister of Labour and Social Security is empowered to make any provisions necessary for the development of this Royal Decree, which shall enter into force on 1 October 1985.

Given in Madrid to July 17, 1985.

JOHN CARLOS R.

The Minister of Labour and Social Security,

JOAQUIN ALMUNIA. AMANN

ANNEX

MODEL OF CONTRACT OF EMPLOYMENT FOR THE EMPLOYMENT OF DISABLED WORKERS UNDER ROYAL DECREE 1368/1985 OF 17 JULY, WHICH REGULATES THE SPECIAL EMPLOYMENT RELATIONSHIP OF DISABLED PERSONS WORKING IN THE SPECIAL CENTRES OF EMPLOYMENT

DECLARE:

The worker or, if applicable, the legal representative:

(a) That (the worker) is recognized as a disabled person, as is credited with the accompanying resolution/certification of ............................................, and is registered as a job seeker in the Employment Office of .............................................................., in the relevant Register of Disabled Workers.

b) That as a consequence of this disability, its capacity of work is diminished in a ..................., percent (7), according to the resolution of the corresponding Multiprofessional Team.

The Company representative:

(a) That (the Company) is the holder of the Special Employment Center for which the contract is concluded.

b) That it undertakes to provide the worker with productive and paid work, appropriate to its individual characteristics, in order to favor his personal and social adaptation and to facilitate, if necessary, his subsequent integration work in the ordinary system of work.

Meeting, therefore, the requirements of the Royal Decree .......................... for the conclusion of this contract, agree to formalize it according to the following

CLAUSES

First.

The worker is hired to provide his services at the Special Employment Center of ................................................................., to develop the professional activity of the professional specialty of ..........................................., with the following peculiarities: .........................................................................................................

Second.

The duration of the contract will be ..................................................... (8) (in case of a given time). The purpose of this contract is ....................................................................................................................................... (9), and its duration will be extended from ..................................................................

Third.

A period of adaptation to work is established which in turn will have the character of the test period, of ......................... (10), under the following conditions: ...................................................

Fourth.

The working day will be of .................. hours ......... (12), distributed as follows ................................ (13) (in case of continuous day). The worker shall be entitled during the working day to a break from ....................................................

Fifth.

Also, during the working day, the worker, prior notice and justification, may be absent from work entitled to remuneration, to attend medical-functional rehabilitation treatments, and to participate in career guidance, training and retraining actions up to a maximum of 10 days per semester.

Sixth.

No overtime, except to prevent or repair claims and other extraordinary damages.

Seventh.

The worker will be entitled to the enjoyment of an annual holiday of ........................................... (14), as well as to the breaks, parties and permits set out in section 5 of the section of the Title I of the Staff Regulations or, where appropriate, of the collective agreement ..........................................................................

Eighth.

The worker will receive, for the benefit of his services, a remuneration for all the concepts of ............................................... gross pesetas (15), which will be distributed in the following salary concepts: ........................................

You will also be entitled to notice ......................................... (16) extraordinary bonuses per year of a quantum of .......................................................... (17).

Ninth.

In order to achieve the suitability of the job to the characteristics of the worker, the Company undertakes to make the following adaptations to the job: ...............................................................................................................................

It also undertakes to adopt the following safety and hygiene measures, required by the special circumstances in the worker, in the opinion of the Multiprofessional Teams, with the authorization of the Labour and Social Security Inspection: ............................................................

10th.

As not provided for in this contract the parties undertake to observe the provisions of the legislation in force and in particular the Royal Decree and, where appropriate, the Collective Convention of ............................................

ADDITIONAL CLAUSES

And for this to be the case, this contract is extended, by an exemplary fourfold, at the place and date indicated, by signing the interested parties.

In .............................. to ........ of ............................ of 19 ......

The Worker, The Legal Representative, if applicable, The Company Representative,

Diligence: This contract has been registered and endorsed at the Office of Employment of .................................................

(Seal of the Office), The Director of the Office,

(1) Name of the holder of the Special Employment Center or its representative.

(2) Indicate the character with which you act: Headline, Director, Manager, etc.

(3) Name or social reason of the holder of the Special Employment Center.

(4) Indicate whether the worker has full or limited capacity.

(5) When the worker had limited capacity.

(6) Parent, mother, or legal representative.

(7) The decrease in work capacity must be at least equal to or greater than 33 per 100.

(8) For an indefinite period of time or for a given time, as appropriate, in accordance with the provisions of the Staff Regulations.

(9) Indicate the object by reason of the type of procurement for a given time.

(10) May not exceed six months.

(11) The conditions of the period of adaptation to work shall be determined, where appropriate, by the Multiprofessional Team.

(12) Daily, weekly, monthly. In no case can more than eight hours of effective daily work be performed.

(13) Indicate the work schedule.

(14) Minimum of thirty calendar days.

(15) Daily, weekly, monthly.

(16) Indicate the number. Minimum of two.

(17) At least thirty days of base salary plus seniority.