Sure! Here’s the translation into American English:
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On April 30, 2025, the Official State Bulletin (BOE) announced Law 2/2025, which repeals Article 49.1 e) of the Workers’ Statute. This legislation represents a significant change in worker protection by removing the possibility of automatically terminating an employee’s contract following a declaration of total, absolute, or severe permanent disability.
With this reform, companies will no longer be able to automatically terminate the employment contracts of workers in these situations. Instead, they will be required to evaluate the possibility of adapting or relocating employees to positions that fit their capabilities. This measure aims to promote labor inclusion and eradicate discrimination in the workplace, compelling companies to conduct a thorough analysis of personnel capacities and available options for relocation.
The new regulations also emphasize the importance of complying with laws related to disability and non-discrimination, as an unjustified dismissal could constitute a violation of fundamental rights, leading to serious legal consequences for companies. Therefore, human resources departments must update their internal procedures, especially those addressing prolonged sick leaves and situations related to disability.
Non-compliance with this law could result in dismissals being deemed null and void, requiring the reinstatement of the affected worker, as well as the payment of wages during the legal proceedings, compensation for moral damages, and fines for discrimination.
Valoira Abogados, a prominent firm with over 30 years of experience in Labor Law, has recommended that companies review all their internal procedures related to the termination of contracts due to health reasons. They have also suggested the necessity of obtaining medical and legal reports before making decisions, as well as implementing reasonable accommodation measures in collaboration with preventive services. Additionally, companies are encouraged to train their human resources and legal teams regarding the new regulations and to consult with specialized attorneys for any questions.
With offices in Barcelona, Madrid, and Palma de Mallorca, Valoira Abogados provides legal advice to companies and professionals throughout the country, combining solid legal specialization with a strategic approach.
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Source: MiMub in Spanish
