The LISMI obliges companies with more than 50 employees to hire 2% of disabled workers and, failing that, the application of alternative measures that involve the purchase of goods or services to a special employment center or donation to a foundation that aims to teach individuals with disabilities for job placement.
¿Qué es la LISMI?
What is LISMI?
It’s the Law 13/1982 of April 7, Social Integration of Disabled People, which provides for public and private companies employing more than 50 workers, the obligation to hire a number of disabled workers not less than 2%. (Art. 38)
Is there an alternative compliance option?
–Royal Decree 364/2005 of 8 April, which regulates the alternative compliance exceptional reserve quota for disabled workers.
Quantification of the reserve:
- Average number of employees in the 12 months immediately preceding.
- Fixed contract full or part time employee = 1
- One year temporary contract worker = 1
- Temporary contract of less than one year = 1 worker for every 200 days worked or part thereof.
- The approach of the Labour Inspectorate and SS is that the computation is made by CIF.
Causes of exceptional art. 1.2:
- Impossibility of the Provincial Employment Service to meet the jobs submitted.
- Existence and accreditation of circumstances, production, technical. Organizationally or financially to motivate the particular difficulty of hiring workers with disabilities.
Application of the statement of exceptionality:
- Must be made prior to the adoption of alternative measures. In the Active Policies Branch of the INEM (the body responsible for Supra business district) is a form by calling on both the statement of exceptionality and the option of an alternative measure.
- There are administrative silence after two months of the filing of the application.
- If denied the uniqueness must meet the reserve requirement or initiate proceedings alleging other causes justifying the exceptional.
The validity period is 3 years after termination or the effect of positive silence.
What is the period of validity of the Certificate of Exceptionality?
The purpose of the Act is the direct employment of disabled staff. The company even hired goods and / or services, you should try in the 2 years that has validity Certificate of Exceptionality, hiring disabled progressively to reach 2% of its workforce as a minimum. After 2 years, if not achieved, it is forced back to fulfill the quota of 2% of disabled staff, so you must reapply for a Certificate of Exceptionality, does not meet this obligation, to eligible for the Alternative Measures in compliance with the RD 27/2000.
Once you have the authorization of exceptionality, alternative measures may include:
- Donations or sponsorship activities with foundations or charitable entities whose social objective is the training and employment of people with disabilities. 1.5 x IPREM calculation *
- Contracts for the purchase of goods or services to Special Employment Centres (EEC) or self-employed persons with disabilities. Calculation 3 x IPREM *
- Constitution of working with EEC enclaves. Calculation 3 x IPREM *
* IPREM = Public Income Indicator for Multiple Effects. Is an amount fixed annually by the Government of Spain.
Will having already contracted goods and / or services with a special employment center’m complying with the law?
No, it is required the application of the “Certificate of Exceptionality” at the office of the INEM or the SCC. Once obtained, must be done again the contract for goods and / or services already had signed to be valid and comply with the Alternative Measures Act.
What I have budget to hire or do I have to donate?
- The annual amount of annual contracts with EEC or civilian, shall be at least 3 times the annual minimum wage for each disabled worker stopped hiring quota below the 2% of its workforce.
- The annual amount for the donation must be at least 1.5 times the annual SMI for each disabled worker stopped hiring quota below the 2% of its workforce.
¿I can give the donation to any type of foundation?
No, you can only make donations to organizations or associations of public utility whose corporate purpose is vocational training, job placement or job creation for people with disabilities. The entities whose corporate purpose is different, can not be beneficiaries of the grant in compliance with alternative measures.
What are the risks of noncompliance with the LISMI?
Violations in the subject matter of this Act shall be punished as follows:
- Minor offenses at its minimum level, with fines from 301 to 6,000 euros, in its medium degree, of 6,001 to 18,000 euros, and at its maximum of 18,001 to 30,000 euros.
- Grave breaches with fines, minimum degree, from 30,000 to 60,000 euros in medium grade, from 60,001 to 78,000 euros, and at its maximum of 78,001 to 90,000 euros.
- Very serious offenses with fines, in a minimum of 90,001 to 300,000 euros in medium grade, from 300,001 to 600,000 euros, and at its maximum of 600,001 to 1,000,000 euros.
In addition to the sanctions, in Spain, the specifications Administrative Terms may require tenderers to provide a certificate attesting to compliance by the tenderers of the reserve requirement of 2% of jobs for people with disabilities or compliance with alternative measures. This new legislation opens the possibility of complaint to the authorities on such evidence to invalidate or reclaim public procurement awarded to competitors.
Determines the penalty system for companies that do not meet the LISMI:
- Failure to contract with Public Service: new Law 26/2011
- Loss of all bonuses in labor. new Law 26/2011
- Inability to receive grants or subsidies of Public Administration
- Penalty of up to 6000 € / year per person engaged or lack of alternative measures
- Other penalties depending on the recidivism