Permanent disability and employment in Spain: what changed in 2025?
Law 2/2025 changed the Workers’ Statute so that, in certain permanent-incapacity cases, the employment relationship is no longer ended automatically. The worker’s wishes and workplace-adjustment options now matter directly.
General information · The actual decision and dates should be reviewed individually.
What changed?
Law 2/2025 of 29 April amended the Workers’ Statute and related Social Security rules. In certain cases involving total, absolute or severe permanent incapacity, termination is no longer automatic.
The process now takes account of the worker’s wishes and whether the existing role can be reasonably adjusted or whether a vacant compatible role exists.
The worker must state their wish to continue
The worker has ten calendar days from notification of the relevant decision to state in writing that they wish to maintain the employment relationship.
The employer must assess the available options
The employer has up to three months to make reasonable adjustments or change the worker’s post, or to terminate where the legal conditions are met and the decision is properly reasoned.
The disability decision is not the end of the employment analysis
The grade, the usual occupation, possible adjustments and the employer’s communication all need to be reviewed together.
Start with the decision you have actually received.
- Notification date.
- Permanent-incapacity grade recognised.
- Your usual occupation and essential duties.
- What the employer has communicated.
- Any proposed adjustment or alternative role.
Have you received a permanent-disability decision?
Tell us the grade, notification date and what your employer has told you. We can start from those facts.