The Government understands that an economic and social solidarity effort must be made to make the right to work for the disabled, which for all Spaniards, without discrimination, recognizes and guarantees Article 25 of the Spanish Constitution.

addition, the Government, in line with the spirit of Law 13/1982 of 7 April 1982 on the social integration of the disabled, considers that the integration of the disabled must be carried out primarily through the (a) ordinary system of work and announces that for this purpose the employment policy it will develop in favour of the disabled will be pursued.

Well, to favor the incorporation of the disabled, both originating and over-coming, to jobs in the ordinary company is what is pursued with the measures contemplated in the present Royal Decree that is It is important to implement the legislative mandate contained in Article 40 of the Law on the Social Integration of the Disabled in respect of selective employment, and to introduce certain amendments to the measures to promote the The employment of disabled people, who have so far come and are taking advantage of these circumstances, to proceed with the unification of both types of measures in a single provision.

In this Royal Decree, two types of measures are clearly distinct. On the one hand, those relating to selective employment, laying down the conditions under which the return or readmission of workers affected by a partial permanent incapacity, recognised as a result of or as a result of a review file by the companies in which they had been providing their services prior to the recognition of permanent invalidity; certain aspects relating to the reserve quota for the provision of the law are also specified. The Social Integration of the Disabled imposes on the enterprises with more than 50 workers The Commission has also proposed that the Commission should be able to take the necessary steps to ensure that, in the light of the current situation, it is possible to establish a system for the provision of services. On the other hand, as has already been said, measures to promote the employment of disabled people, which were previously regulated in Royal Decree 1445/1982 of 25 June, are incorporated. The most important changes to be made to this type of measure are basically two: one, the amount of the grant awarded for the recruitment of disabled workers is raised to make it clear from those of the In the case of the European Community, the European Commission has been able to make the most of its work in the field of education and training, which is also the subject of the European Commission's programme. to achieve a better adaptation or professional retraining of those to the job which are of a stable nature to occupy.

Under its virtue, on a proposal from the Ministry of Labour and Social Security, in accordance with the opinion of the Council of State and after deliberation by the Council of Ministers at its meeting on 11 May 1983,

DISPONGO:

CHAPTER I

Selective employment

Article 1. º

Workers who have been declared in a situation of partial permanent incapacity are entitled to their reinstatement in the Company, under the following conditions:

1. If the partial permanent incapacity does not affect the normal performance of the worker in the job he occupied before being incapacitated, the employer must reinstate him or, in the event of impossibility, maintain the remuneration corresponding to the same. In the event that the employer accredits the reduction in performance, he must occupy the worker in a job appropriate to his residual capacity and, if he does not exist, he may reduce the salary proportionally, without in any case the a decrease may be greater than 25 per 100 or that the income is less than the minimum inter-professional salary when full time is taken.

2. Workers who have been declared to be in a situation of partial permanent incapacity and after receiving professional recovery benefits shall recover their full capacity for their usual profession, have the right to return to the his original position of work, if he or she were in the lower category, provided that no more than three years had elapsed in that situation. The reinstatement shall take effect upon notification to the Company and the staff representatives within one month of the statement of fitness by the body concerned.

Art. 2. º

1. Workers who have ceased to be in the company for a recognised total or absolute permanent incapacity and after having received professional recovery benefits shall have been fully employed, absolute preference for readmission to the last Company in which they worked in the first vacancy in their category or professional group.

2. Workers who have ceased to be in the undertaking for whom they have been recognised as permanent invalidity and after having received professional recovery benefits shall continue to be affected by a partial permanent incapacity. absolute for their readmission to the last Company in which they worked in the first vacancy that occurs and which is appropriate to their work capacity.

3. The readmissions to be carried out by the undertakings, in the cases provided for in this Article, shall give the right to reduztions of 50 per 100 of the employer's share of the Social Security corresponding to the common contingencies for a period of two years. years.

Art. 3. º

1. Workers who, in accordance with the foregoing Article, have the right to be readmitted, shall inform the undertaking, and the representatives of the staff, within one month of the declaration of aptitude by the body. corresponding. The undertaking must inform the employees in such a situation of the vacancies which exist of the same or lower category, being released from their obligation from the moment when the worker refuses a job. of the same category as the one held in the Company or of the lower category if he did not obtain full recovery for his/her usual profession, which does not involve change of residence.

2. Where the Company has several Workplaces and the vacancy that exists implies change of residence, the worker may choose to occupy it or wait for a place in the Work Center where he/she has established his/her residence. In the first case you will retain your preference to fill the first vacancy in your category or professional group that occurs in the original Work Centre.

Art. 4. º

According to the provisions of Article 38, 1 of Law 13/1982 of 7 April, public and private enterprises occupying fixed workers who exceed 50, will be obliged to employ a number of disabled workers. less than 2 per l00 of the template among those registered as such in the corresponding register of disabled workers of the Employment Office.

Art. 5. º

Within the first quarter of each year, with the knowledge of the staff representatives, the companies employing a number of fixed workers exceeding 50 must send to the INEM Employment Office of the province in have their registered office, as well as those in the provinces in which they have work centres, a detailed list of the jobs occupied by disabled workers and those who are reserved for them by their characteristics.

The Employment Offices will give these relationships to multi-professional teams.

Art. 6. º

1. In the Collective Agreements, the parties may establish the places of work reserved for the disabled.

2. The models of the statistical sheet listed in the Annexes to Royal Decree 3040/1981 of 22 May on the Registration and Deposit of Collective Agreements are amended in order to incorporate the following data:

(a) Relation of jobs likely to be used for the disabled.

(b) Agreements established in the Convention establishing, as a measure of selective employment, the reservation, with absolute preference, of certain jobs to the disabled.

CHAPTER II

Measures to promote employment

Art. 7. º

1. Firms which employ disabled workers for an indefinite period of time, will be entitled to a grant of 500 000 pesetas for each contract of work concluded and for bonuses in the business of the safety of the disabled. Social, including accidents at work and occupational disease and joint collection fees, in the following amounts:

a) Seventy percent for each disabled worker hired under forty-five years.

b) Ninety per cent for each disabled worker hired over forty-five years.

2. Associate Work Cooperatives that incorporate disabled workers as partners shall be entitled to the benefits set forth in the preceding number.

3. Both grants and bonuses shall be incompatible with those which, if necessary, grant the Administrative Unit of the National Fund for the Protection of Work and any other measure of employment promotion, except as provided for in the Article 12.

Art. 8. º

Companies will have to apply for the disabled workers of the relevant Employment Office, with a detailed description of the posts to be filled, technical characteristics of the posts, as well as the capacity of the worker to cover that post. The presentation of the contract which in the official model and by four-fold copies, together with the application for a discharge in the corresponding system of social security and the certificate of disability, issued by the competent body, shall be submitted by the competent body. application effects of the grants and bonuses referred to in the previous article.

If this is a newly created company, you must accompany the Company's project and memory to create in which the characteristics of the production process and the company's template will be expressly stated, determining the percentage of the same, which shall be covered by disabled persons, which may not exceed 51 per 100, a maximum percentage which shall not be taken into account if the staff is to be composed solely of the disabled worker who is employed.

The INEM will also request the following reports:

-Of the multiprofessional teams, on the adequacy of the job to the disability of the workers who, having such a condition, are registered in the Office of Employment.

-From the competent labour authority on the economic and technical feasibility of the project, collecting as many documents and reports as appropriate.

For companies that are not newly created, only the multi-professional team report will be required.

Complete the documentation, the National Institute of Employment will communicate to the Companies the grant of the grants or bonificaclions within one month, starting from the date of the presentation. After that time limit without express resolution shall be deemed to be denied.

Art. 9. º

To make Social Security bonuses effective, Companies will be filing their listing documents in the form established in a general manner and subject to the rules that govern them. At the same time, they will use a specific annex to the Bulletin to reflect the bonuses in which the workers covered by the bonus will be included, the amount of the bonus to each and the amount of the Company's total bonus, for deduct your amount from the resulting total to enter Social Security.

Art. 10.

The beneficiary companies are obliged to maintain the stability in the employment of the contract workers under this provision for a minimum of three years, not being able to lay off without justified cause (a) these workers, and, in the event of dismissal, must replace them with other disabled workers, in this case benefiting only from the allowance of the Social Security quota for the substitutes.

Non-compliance by the Qualifying Companies with these conditions will entail the obligation to reintegrate the Treasury with the amounts received.

Art. 11.

Companies may apply to the National Employment Institute for the vocational training or retraining of new or readmitted workers.

Companies and the National Employment Institute will be concerned with the terms in which training actions are to be developed.

Art. 12.

Companies employing disabled workers will be able to apply for grants from INEM which will be compatible with the benefits provided for in the previous Articles, intended for the adaptation of the (i) work or provision of means of personal protection necessary to prevent accidents at work for the disabled worker employed. The need for adaptation or special means of personal protection must be given the favourable report by the Labour Inspectorate.

If the Company does not apply for this assistance, the worker may do so.

Art. 13.

1. Companies may enter into training contracts with disabled persons in order to achieve their best adaptation to the job or when the conditions of this work so require. These contracts will be governed until the special professional training contract provided for in Article 34 (2) of Law 13/1982 of 7 April 1982 on the social integration of the disabled is developed by the rules contained in the Section III of Chapter II of Royal Decree 1454/1982 of 25 June 1982, except as regards the maximum age limit for concluding the contract which will not exist in this case.

2. The grant or bonuses in the social security contributions provided for in Article 7 of this Royal Decree shall not apply to such contracts, but shall apply from the moment when the disabled worker is incorporated into the enterprise with a character indefinite and full time.

Art. 14.

The contracts referred to in this Royal Decree will be formalized in the official model that will be established.

ADDITIONAL DISPOSITION

The subsidies and bonuses in the business quotas of Social Security, including those of joint collection, provided for in this Royal Decree will be financed from the resources of the INEM.

TRANSIENT DISPOSITION

Until the official model of contract referred to in Article 14 of this Royal Decree is approved, these contracts shall be formalized in the official model that would have been used for the entry into force of the Present Royal Decree.

REPEAL PROVISION

1. The provisions of Section 2 of Chapter III of Royal Decree 1454/1982 of 25 June 1982 are hereby repealed.

2. However, the express derogation from the previous number of the rules to which this Royal Decree replaces this Royal Decree shall continue to apply to contracts which have been concluded under this Regulation.

FINAL DISPOSITION

The Minister of Labour and Social Security is empowered to dictate how many rules are necessary for the development and application of this Royal Decree, which shall enter into force on the day following its publication in the Official Gazette. of the State ".

Given in Madrid on May 11, 1983.

JOHN CARLOS R.

The Minister of Labour and Social Security,

JOAQUIN ALMUNIA AMANN