“Meetings with the Mutual Fund” analyzes the employment relationship after the declaration of Permanent Disability
Fraternidad-Muprespa held this Thursday a new edition of Meetings with the Mutual Fund, the dissemination and analysis space aimed at companies, consultancies and professionals, and focused on this occasion on the modifications introduced by Law 2/2025, of April 29, as well as on the obligations for the main parties involved: Mutual Funds, workers, companies, Prevention Services and the National Social Security Institute.
Silvia Vela, director of Communication and Institutional Relations of the Mutua, introduced the topic and gave way to the speaker,Ana Lorenzo, coordinator of the Economic Benefits Department of Fraternidad-Muprespa, lawyer and specialist in ORP and health law.
How Law 2/2025 redefines the situation of permanent disability
Lorenzo opened his speech by thanking the very large attendees, more than a thousand people, for their interest in the meeting, sparked by a rule that, as he explained, “has been innovative and that, in the words of some jurist, has removed the foundationsHe also stressed that the reform “It has not been received uniformly: while workers perceive it as progress, part of the business community has received it with certain confusion and suspicion.” before its implications.
Lorenzo contextualized the regulatory change by recalling that, before the Law, the declaration of total or greater permanent disability allowed the company to automatically terminate the contract. This immediate extinction, he explained, placed some workers in vulnerable situations. The new regulation introduces a relevant twist: the company maintains the possibility of terminating the contract, but now must justify it and previously assess whether there are reasonable adjustments or compatible positions.
The speaker insisted that the standard “does not establish a duty of reception"on the part of the company, but rather a duty of assessment."It does not mean 'I have a disability and the company must find a place for me'", he recalled, expressly citing that the objective is to avoid automatic extinction, but without imposing mandatory relocations.
Reasonable adjustments and new technical criteria: keys to regulatory change
One of the points that generated the greatest interest was the figure of thenecessary adjustment, applicable only to disabilities declared since May 1 of last year. Lorenzo clarified that the law introduces indeterminate legal concepts, such as “excessive burden,” whose analysis will depend on the company's resources or the existence of public aid.
He also highlighted the reinforced role of prevention services, which must identify compatible positions and issue technical reports, as well as the new approach of social jurisdiction, which will treat unjustified termination following incapacity as unfair dismissal.
The session concluded with the message that this Law opens a more guaranteeing scenario for the worker, but also more demanding for companies, which must rigorously document each decision.
