La incapacidad permanente parcial sobrevenida en la relación laboral

Abstract

This article examines partial permanent disability arising during the employment relationship as an autonomous legal status. On the basis of the specific regime established by Royal Decree 1451/1983, it analyses the right to reinstatement, compulsory functional mobility for social reasons, and the limits on wage reduction, highlighting their configuration as a genuine substantive framework for the preservation of the employment relationship. It further addresses contractual termination as a reinforced ultima ratio, subject to the prior exhaustion of the protective measures inherent to partial permanent disability and, where disability exists within the meaning of European Union law, to effective compliance with the duty to provide reasonable accommodation. The study highlights the tension between this highly protective model and the obsolescence of its underlying regulatory framework, pointing to the need for legislative reform consistent with contemporary standards of labour inclusion.