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

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:

• 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)

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.

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.

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.