Private sector: What is the Disabled Workers Employment Obligation (HWO)?
Verified 01 January 2022 - Directorate for Legal and Administrative Information (Prime Minister)
Any employer of 20 or more employees must employ persons with disabilities in a proportion of 6% of the total number of staff ( 5% in Mayotte). The employment obligation concerns all employees regardless of the nature of their contract. The employer must declare each year the number of jobs occupied by a disabled job to justify compliance with his employment obligation. If the employer does not meet its employment obligation, it must pay an annual contribution.
Any employer with 20 or more employees must employ persons with disabilities in a proportion of 6% of the total number (5 in Mayotte).
newly established companies, or companies with a workforce of 20 employees, have a 5-year lead time before being subject to this obligation.
Persons affected by the employment obligation of disabled workers must be in one of the 7 following situations :
- Be recognized as a disabled worker (RQTH) by the CDAPH: titleContent
- Accident at work Be a victim of an occupational disease or a permanent incapacity of at least 10% and collect an annuity
- Touch a invalidity pension provided that such invalidity reduces the capacity for work or earnings by at least 2/3
- To benefit from reserved employment
- Be volunteer fireman and to receive an invalidity allowance or annuity awarded on account of an accident or illness contracted in service
- Have the mobility inclusion card (MIC) disability rating
- Touch Disabled Adult Allowance (DAA)
these persons shall receive a certificate issued at the same time as the notification of the decision placing them in one of the seven situations. That certificate shall explicitly state that the person concerned is a beneficiary of the employment obligation of disabled workers.
The obligation to use concerns all forms of employment (employees, trainees...).
The threshold of 20 employees is assessed in full-time equivalent (FTE) on average over the year for each company.
The employer must declare the number of jobs occupied by disabled work to justify that he is fulfilling his obligation of employment. This applies also to employers with less than 20 employees.
If the employer does not meet its obligation to employ, it must pay a annual contribution.
The annual contribution shall be paid to theAgefiph: titleContent. Payment is made through the Urssaf or the General Social Security Fund. It is calculated on the basis of the number of disabled workers the employer should have employed.
A calculation module is used to calculate the annual contribution:
The annual contribution may be increased (increased) in certain cases. For example, if the company has not employed any disabled worker for more than 3 years.
Who can help me?
Find who can answer your questions in your region
- OETH Contribution
- Financial aid for the employment of a disabled worker
- Obligation to employ disabled workersMinistry of Labor
- Site of the AgriphAssociation for the Management of the Fund for the Integration of Disabled Persons into Employment (Agefiph)