Civil service: what is the obligation to employ disabled workers?

Verified 01 January 2024 - Legal and Administrative Information Directorate (Prime Minister)

Are you disabled and wondering what the obligation to employ disabled workers (OETH) is in the public service? Find the essential information about this device.

Any public employer that employs at least 20 full-time or equivalent employees must have at least 6% persons with disabilities on its overall staff complement.

You are entitled to the employment obligation if you are in one of the following situations:

The total number of staff of the employer's administration concerned shall consist, each year, of all staff remunerated at 31 December.

Each agent counts for 1 unit.

All staff, irrespective of their status, are taken into account (probationary official or holder, contract staff, etc.)

However, staff assigned to non-permanent posts (i.e. recruited to cope with a temporary or seasonal increase in activity) shall not be counted when they have been paid less than six months in the previous year.

The number of staff members covered by the employment obligation must represent  6% the overall number of employees in the relevant employer's administration.

Example :

A public employer with 400 employees must employ 24 employees (400 x 6%) with a disability out of the 400.

The public employers concerned by the employment obligation for disabled workers (OETH) must justify that they have fulfilled this employment obligation.

They must report annually the number of disabled workers in the mandatory declaration of employment of disabled workers (DOETH).

This statement is made through the registered social declaration (NSN).

In the event of non-compliance with the employment obligation of disabled workers, public employers are liable to pay an annual financial contribution to the Management Association of the Fund for the Integration of Disabled Persons into Employment (Agefiph).

Payment is made through theUrssaf: titleContent.

The amount of the contribution is calculated on the basis of the number of disabled workers that the public employer should theoretically have employed.