Partial permanent disability of a worker

Partial permanent disability for the habitual profession is that which, without reaching the degree of total disability, causes the worker a reduction of no less than 33% in his normal performance for said profession, without preventing him from performing the fundamental tasks of said profession, being entitled to receive, at the expense of the Social Security, a flat-rate indemnity of 24 monthly payments of the regulatory base that was used to calculate the benefit for temporary disability prior to the partial permanent disability.

As you are aware, the General Social Security Law establishes a series of benefits and rights to protect workers in the event of illness or injury that may permanently affect their ability to work. Within this framework, partial permanent disability is a figure that seeks to provide adequate compensation to workers who have suffered a decrease in their ability to work but are still able to perform certain work tasks.

Definition and requirements

Partial permanent disability for the habitual profession is defined as that which, without reaching the degree of total disability, causes the worker a reduction of not less than 33% in his/her normal performance for said profession, without preventing him/her from performing the fundamental tasks of said profession.

Partial disability can be requested by those persons who:

• Have not reached the ordinary retirement age. Or who, having reached it, have not contributed for 15 years, two of them in the last 15 years (although only if the contingency of partial disability is common).
• Are in a situation of early retirement and have not yet reached the age that would correspond to them for ordinary retirement.
• They are in a situation of high or assimilated to high. It should be considered that if the disability is due to occupational disease or accident at work, if the employer has not discharged the employee, the employee will automatically be legally discharged.
• They have contributed 1,800 days (and that are included in the 10 years prior to the application for temporary disability from which the disability arose). 
• Although if the partial disability derives from an accident -whether work-related or not- or an occupational disease, there is no minimum contribution requirement.

Partial permanent disability will entitle, if applicable, to the corresponding economic benefit.

To access this benefit, the following requirements must be met:

1. Medical evaluation: The worker must be evaluated by the medical services designated by the Social Security to determine the degree of his/her disability. This evaluation will consider the medical reports, clinical tests and any other relevant data.
2. Loss of working capacity: There must be a decrease in the worker’s working capacity, which may be caused by a non-occupational illness or injury, occupational accident, or occupational disease. This decrease must be permanent and reduce the capacity to perform the usual work, but not completely prevent the performance of any work activity.
3. Stability in employment: The worker must have an employment relationship in force at the time of the evaluation of the partial permanent disability. This benefit is not granted to those who have already terminated their employment relationship.

Benefits and rights

Once partial permanent disability has been recognized, the worker is entitled to receive a series of benefits to compensate for the decrease in his or her working capacity. These include:

1. Compensation: The worker will receive a one-time indemnity that is calculated according to the degree of disability and the salary received. This indemnity has a maximum limit established by law.

Specifically, the worker is entitled to receive, at the Social Security’s expense, a flat-rate indemnity of 24 monthly payments of the regulatory base used to calculate the benefit for temporary disability prior to the partial permanent disability.

In cases where there was no previous temporary disability because the beneficiary did not have such protection, the regulatory base will be taken as the one that would have corresponded to the temporary disability, had he/she been entitled to such benefit.

1. Access to rehabilitation programs: Social Security also provides access to vocational rehabilitation programs, which aim to facilitate the worker’s reincorporation into the labor market and improve his or her skills.
2. Social protection: The worker will have the right to maintain his/her affiliation to the general Social Security system, which guarantees coverage of sickness, accident, and retirement benefits, among others.
3. Compatibility: It is compatible with the development of any work activity, both employed and self-employed. It is compatible with the maintenance of the work that has been developed.

Implications for the company after the declaration of a partial permanent disability.

The recognition of a partial permanent disability to one of the employees of a company can have several implications. The following are some of the main ones:

• The declaration of such degree of disability does not allow him/her to terminate the employment contract. If the employee’s performance is not affected, he/she must continue to work in the same position he/she was performing before and with the same salary.
• If the disability affects the employee’s performance, you must relocate him/her to another position in accordance with his/her capacity. In these cases, you may pay the salary corresponding to the professional group of the new position, since it is not a functional mobility, but a change imposed by law (justify the change with a medical report stating the need for relocation).
• If you do not have other jobs to give him, you may keep him in his previous position with a salary reduction of up to 25% (without the final salary falling below the SMI). Only if this is not possible either, you can carry out an objective dismissal for supervening ineptitude.

Aspect to consider:

Economic responsibility: the company may be responsible for paying compensation to the affected worker, according to the degree of disability and the salary received. This indemnity may represent a significant cost for the company, especially if the worker has a long work history or a high salary level.

Job adaptation: In some cases, the company may be obliged to adapt the job of the worker with partial permanent disability. This involves adjusting the tasks, environment or equipment used, to enable the worker to perform his or her duties properly and safely. These changes may generate additional expenses for the company.

Attention. If you relocate the worker to another position (or leave him/her in the same position, but with a reduction in salary), you must prove that the physical condition of the affected person prevents or limits the performance of his/her usual work.

Reorganization of duties: Depending on the worker’s remaining capacity, the company may need to redistribute some of the tasks or responsibilities that the employee can no longer perform due to his or her disability. This may involve a restructuring of roles and functions within the team or department, which requires an adjustment in the organization of work.

Impact on the work environment: The recognition of a partial permanent disability can have an impact on the company’s work environment. It is important that other employees perceive that the employee is treated with respect and fairness, avoiding any type of discrimination or unfavorable treatment. The company should foster an inclusive and supportive environment to maintain motivation and cohesion among the team.

Legal and regulatory obligations: The company is subject to the obligations established in labor and social security legislation in relation to workers with disabilities or incapacity. This involves complying with current regulations, providing reasonable accommodation, ensuring employee safety and security, and complying with legal requirements regarding hiring and termination of employment.

Impact on corporate image: The way a company handles the situation of an employee with a partial permanent disability can have an impact on its corporate image and reputation. A company that demonstrates commitment, respect and support for its employees with disabilities may be perceived as socially responsible and concerned about the welfare of its employees. On the contrary, a company that does not comply with its legal obligations or does not provide an inclusive environment could be criticized and affect its image.

In summary, the recognition of a partial permanent disability for one of a company’s employees involves economic, organizational, and legal aspects. It is essential that the company complies with its legal obligations, provides support to the affected worker and promotes an inclusive work environment to maintain a favorable climate and a positive corporate image.

For further information, please contact Labor consulting