Abstract

DORMIDO ABRIL, Julia. Difficulties in the application of the preventive principle of adaptation of the job position by reason of the subjects in spain. Derecho glob. Estud. sobre derecho justicia [online]. 2023, vol.8, n.24, pp.345-367.  Epub Aug 18, 2023. ISSN 2448-5136.  https://doi.org/10.32870/dgedj.v8i24.632.

The adaptation of the job to the worker when a series of biological circumstances or due to disability is a measure provided for in the Law on Prevention of Occupational Risks that, even though it does not have a correlation in the Statute of Workers, it must be understood as a reasonable adjustment. In this way, companies would be obliged to carry out an assessment of the health and safety risks of older workers who see their work capacity reduced, as well as an adaptation in working conditions prior to the termination of employment through an objective dismissal for ineptitude. It is, therefore, about protecting the mature worker who has special protection within our legal system, because, otherwise, a situation of discrimination based on age would arise.

Keywords : Adaptation; safety and health; reasonable adjustments; dismissal.