The disposition of the Ministry of Labor, Employment and Social Security establishes as an essential requirement to present a medical report indicating the pathology and labor incapacity percentage of the employee.
On the November 1, 2016, the Labor Ministry issued Disposal N° 54211/2016, within the framework of labor accidents and professional illnesses that affect employees.
The abovementioned norm was issued to confirm the employee’s labor disability percentage beyond the said context.
Consequently, Disposition 54211/2016 orders that for all the agreements in which the purpose are labor accidents and/or professional illnesses, executed with the “SECLO” (Labor pre judicial compulsory stage), and in accordance with Article N°15 of Labor Contract Law, it is compulsory to file a medical report/certificate, whether private or public in which it must be stated (i) Employee’s pathology, and (ii) Percentage of labor disability indicating the incident’s date or the first incapacitating instance. Such certificate must contain the professional’s signature and the corresponding seal and license number.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.