What are the Alternative Measures?
It is an option offered by the law to public and private companies with a staff of more than 50 employees, which are obliged to dispose at least a 2% of the job positions to workers with disabilities.
In case this obligation is ignored, it will lead to consequences:
- There is a ban to make contracts with the Public Administration.
- An exclusion to take part in financial help programs is implemented.
- Economic sanctions are implemented by each position which is not covered by workers with
disabilities, as dictated by the law.
In order to be kept out of this obligation, companies should implement one or several substitutive measures compiled in the Real Decreto 364/2005, which regulates the exceptional alternatives measures in regards with the compulsory share of workers with disabilities. Among the alternative measures which can be implemented by companies, we have the following ones:
- a) Signing a civil or commercial contract with a Special Employment Center or a freelance worker with disability, to deliver any type of goods required for the normal development of the company activities.
- b) Signing a civil or commercial contract with a Special Employment Center or a freelance worker with disability to outsource complementary services related to the normal development of the company.
- c) The formation of a working area, after completing the subscription and the signature of a contract with the Special Employment Center.
In order to opt for one of the abovementioned measures, companies should obtain the certificate of excepcionality and ask for it to the authorized organism, always according to the field developed by the company. This will happen as long as some conditions are met by the company.
By each alternative measure there are a series of amounts that should be paid for any noncontracted worker with disabilities.
If you want to know more about these procedures, you can do it by reading the following chapters included in this section: “Rules and Procedures” and “Frequently Asked Questions”.
What is the purpose of the alternative measures?
They are directed towards creating more jobs for people with disabilities. This is done with the partnership of the company that requires these jobs and the Special Employment Centers, Public associations or Organizations who are in charge of promoting job opportunities for people with disabilities. In this way, the company who implements these alternative measures is excluded temporarily from the mandatory rule that calls for the employment and integration of people with disabilities. According to this rule, the staff should have at least a 2% of employees with disabilities.
Which companies can implement the alternative measures?
Companies which can prove that they have difficulties to hire people with disabilities and comply with the rule that requires at least a 2% of employees with disabilities within their staff. In this case, the Public Service of Employment should be able to asses that there are circumstances that are making their hiring harder.
In which cases can you apply for the declaration of excepcionality?
You can apply for the declaration of excepcionality when a company is capable of submitting job offers demanding workers with disabilities to cover a specific job position before the Employment Office or Placement Agencies, and when these offers are turned down because they cannot found people with disabilities interested in the conditions. They can also apply when there are
productivity, organizative, economic or technical reasons that justify the special difficulties to hire workers with disabilities. These factors should be justified and certified.
Which one is the authorized Public Employment Service in each case?
When the business is located only in the territory belonging to one autonomous region, the competent authority will correspond to the Public Service of Employment of the same autonomous region, unless the central government has not previously transfered the labor competences to it.
When the business is located in various autonomous regions accross Spain, the competent authority will correspond to the National Public Service of Employment (Servicio Público de Empleo Estatal). Nonetheless, in case that at least the 85% of the staff are based in only one autonomous region, the competent authority will be the Public Service of Employment of the
same autonomous region.
How could you obtain the declaration of excepcionality and how long is it valid?
The declaration of excepcionality can be obtained by an specific resolution administered by the authorized employment service, or in case an answer is not received after two months, counting from the moment the application was sent. The certificate will be valid for three years after the resolution has been approved.
Could you combine different alternative measures?
Yes, you are allowed to do so. You can sign contracts and make donations simultaneously. You can work with different providers and donating organizations, people, etc.
What is the annualized amount we should pay to comply with the alternative measures?
In the case of a contract of buying goods, providing services with Special Employment Centers or self-employed workers with disabilities or labor areas, the minimum amount is three times the annual IPREM for each non-contracted person with disability. For donations or sponsoring actions, the minimum amount is 1.5 times the annual IPREM for each non-contracted person with
What is IPREM
It is the acronym of Multiple Effect Income Indicator in Spanish, an economic indicator which is established by the State General Budget each year.
What is a Special Employment Center?
Special Employment Centers are organizations that can have different legal forms such as associations, commercial societies, foundations, etc. Its main characteristic is that its staff is formed by at least a 70% of workers with disabilities and with their corresponding administrative permit.
Which type of institutions can I donate to?
You can donate or sponsor a foundation or an association of public interest which has the main social target of providing training, job opportunities and job creation for those people with disabilities. It is mandatory that the foundation or association which receives the funds, should invest them in those activities.