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

Verified 01 August 2022 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Labour

A public employer of at least 20 employees shall employ persons with disabilities in a proportion of 6% of the total staff. The obligation to employ all staff, whatever 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.

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

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

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 obligation to work applies to all forms of employment (civil servant, contract worker, trainee, etc.).

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

Each agent counts for one unit. However, non-permanent staff are not counted when they have been paid for less than 6 months in the past year.

Example :

An establishment with a staff of 38 must employ 2 disabled workers (38 x 6% = 2.28, rounded to 2).

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 fewer 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 FIPHFP: titleContent. It is based on the number of disabled workers he should have employed.

Calculation of the FIPHFP contribution due for each missing beneficiary

Number of staff in establishment

Gross

20 to 199

€4,428

200 to 749

€5,535

From 750

€6,642

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