Spain's Social Security system paid out 1.06 million permanent incapacity pensions in July, at a monthly cost of 1,330.6 million euros, according to the latest data published by the Ministry of Inclusion, Social Security and Migrations.
The amount each person receives depends on the degree of incapacity recognized and the applicable base rate, known as the base reguladora. A total permanent incapacity pension generally starts at 55% of that base, while an absolute permanent incapacity pension amounts to 100% of it. For gran invalidez, or severe disability, the pension matches the recognized degree of incapacity and adds a supplement to pay whoever cares for the beneficiary. Total permanent incapacity can also be increased in certain cases, when age and other circumstances make it especially difficult for a worker to find a job outside their usual profession.
Can a company refuse to certify an employee's duties?
When a permanent incapacity claim is at stake, documentation can be decisive in helping Social Security understand not just a worker's medical limitations but the specific nature of the job they do. That raises a question facing many workers preparing such a claim: can a company refuse to issue a certificate detailing the functions an employee actually performs? Labor lawyer Míriam Ruiz Acosta, of the firm Compromiso Legal and known on social media for posts on workers' rights, addressed the question in one of her recent videos.
What the law requires
Ruiz Acosta said many people have contacted her after asking their employers for a certificate of functions to include with a permanent incapacity application, only to get no response. She pointed to Article 4 of the Order of January 18, 1996, which regulates the application procedure and requires the request to include, among other data, the worker's habitual profession, their professional category, and a description of the specific job they performed. The same rule lets applicants add further details they consider relevant.
Ruiz Acosta's reasoning follows from that requirement: if the application demands a precise description of the job, knowing the worker's real tasks can be key to judging how far their limitations stop them from continuing in their usual profession. She also cited Article 298 of the General Social Security Law, which refers to an employer's obligation to provide the documentation and information required by regulation for the recognition of benefits. That article applies to unemployment benefits, however, so extending it to permanent incapacity claims is her own interpretation.
When employers should hand over the certificate
Ruiz Acosta argued that, in this context, a company should provide the certificate when a worker needs it to prove the characteristics of their job to Social Security. She recommended the document describe the worker's actual duties rather than offer a generic job title. As an example, she cited the case of a worker with a herniated disc, for whom it would matter whether the certificate specified if they lift weights, and how often. Her conclusion, based on the provisions she cited, is that employers should supply this information when a worker applies for permanent incapacity.
