The suspension of the employment relationship of people who have been declared to be permanently incapacitated in the degrees of total, absolute or severe disability with foreseeable improvement examination, provided by article 48.2 of the TRLET, is a fundamental instrument to facilitate the employment preservation of the affected group and an example of normative precision of the reasonable adjustment measures that must be articulated in favour of people with incapacity. This study analyses both the application problems that this suspensive hypothesis has raised to date and others that may arise in the future, evaluating from a critical perspective the solutions adopted by our courts and proposing some legal changes, with the ultimate aim of achieving an instrument that guarantees and enhances the right to equal treatment of people with disabilities.
|Translated title of the contribution||Suspension due to permanent disability with foreseeable improvement examination: a rereading from its consideration as an anti-discriminatory measure|
|Number of pages||30|
|Journal||Nueva Revista Española de Derecho del Trabajo|
|Publication status||Published - 1 Jan 2020|
- Permanent disability, suspension of employment relationship, termination of employment relationship, person with disability