Sumar registered an initiative in Congress with which he requests several legal reforms that make work compatible with the benefit of economic benefits in the event of total, absolute and serious permanent disability.
By a non-legal proposal collected by Europe Presstraining urges amend articles 194 and 198 and the twenty-sixth transitional provision of the general social security law to allow compatibility.
In the initiative signed by the leader of En Comú and deputy spokesperson of the group, Aina Vidal, It should be remembered that from 2008 until April of this year, case law defended that the right to work cannot be denied to those who find themselves in a situation of permanent disability.notably in the degrees of absolute and great disability, for having contravened this vision of article 35 of the Constitution, which includes the “duty to work and the right to work” of all Spaniards.
In which cases pension and salary cannot be made compatible
As Social Security indicates on its website, in certain cases linked to total permanent disability and in all those which refer to absolute and serious disability, it is not possible to exercise employment while receiving the pension:
- Total permanent disability: A pension is only received in cases where the person devotes himself to tasks or functions totally unrelated to those which caused the disability.
- Absolute permanent disabilityIn this case, reports Social Security, the worker is “totally excluded from any profession or trade”.
- Great handicap: This is a case identical to that of the absolute, but with an addition, that the person concerned “needs the assistance of another person for the most essential acts of life, such as dressing, move, eat or similar”.
The Supreme Court modified the measure
However, the judges of the Fourth Chamber of the Supreme Court contradicted this thesis in April 2024 and argued that compatibility only exists in “works of a marginal and inconsequential nature, in the sense of meaning and minimal relevance”.
In this scenario, Sumar demands that the government of which he is part develops the current regulations regarding the degrees of permanent disability, in accordance with recommendation number 18 of the Pact of Toledo, which entrusts the social security system with the task of “contributing to enabling persons with disabilities to effectively exercise their citizenship rights and, in this way, guarantee their full inclusion and social participation.
