Private sector: what is the obligation to employ disabled workers?

Verified 01 January 2022 - Legal and Administrative Information Directorate (Prime Minister)

An employer of at least 20 employees shall employ persons with disabilities in a proportion of 6% of the total staff. The obligation to work applies to all employees regardless of the nature of their contract. The employer must report annually the number of jobs held by a disabled worker to justify compliance with his employment obligation. If the employer does not meet its employment obligation, it must make an annual contribution.

An employer of at least 20 employees or agents shall employ persons with disabilities in a proportion of 6% of the total strength (2% Mayotte).

Please note

new companies, or those whose workforce has reached the threshold of 20 employees, have a period of 5 years before being subject to this obligation.

Persons who are subject to the employment obligation must be in one of the following 7 situations:

Recognised as a Disabled Worker (RQTH) by the Committee on the Rights and Autonomy of Persons with Disabilities (CDAPH)
To be a victim of an occupational accident at work or illness resulting in permanent disability of at least 10% and receive an annuity
Touch disability pension provided that this invalidity reduces the working capacity by at least 2/3
To be a former member and assimilated, and receive a military disability pension
Be volunteer firefighter and receive a disability allowance or pension awarded as a result of an accident or illness contracted in service
Have mobility card inclusion (CMI) disability
Touch Adult Disability Allowance (AAH)

FYI

they shall receive a certificate issued to them at the same time as the notification of the decision placing them in one of the 7 situations. This certificate explicitly states that the person concerned is a beneficiary of the employment obligation of disabled workers.

The employment obligation applies to all forms of employment (employees, trainees, etc.).

The threshold of 20 employees is measured in full-time equivalent (FTE) on average over the year for each company.

The employer shall report the number of jobs occupied by disabled work to justify fulfilling his obligation to work. This rule applies also to employers with less than 20 employees.

If the employer does not meet his obligation to work, he must pay a annual contribution.

The annual contribution shall be paid to theAgefiph: titleContent. Payment is made with the Urssaf or the General Social Security Fund. It is based on the number of disabled workers the employer should have employed.

A calculation module allows the calculation of the annual contribution:

OETH Contribution

The annual contribution may be increased (increased) in some cases. For example, if the company has not employed any disabled worker for more than 3 years.