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

Any public employer of at least 20 employees must employ persons with disabilities in a proportion of 6% of the total number of staff (2% in Mayotte).

Persons covered by the obligation to employ must be in one of the following seven situations:

• Be recognized as a disabled worker (RQTH) Committee on the Rights and Autonomy of Persons with Disabilities (CDAPH)
• Accident at work Be a victim of an occupational disease or a permanent incapacity of at least 10% and receive an annuity
• Touch a invalidity pension provided that such invalidity reduces the working capacity by at least 2/3
• Be a former member and related, and receive a military disability pension
• Be volunteer fireman and receive an invalidity allowance or annuity awarded as a result of an accident or illness contracted in service
• Have the mobility inclusion card (MIC) disability rating
• Touch Disabled Adult Allowance (DAA)

The employment obligation concerns all forms of employment (civil servant, contract worker, trainee...).

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

Each agent counts for one unit. However, staff assigned to non-permanent posts shall not be counted where they have been paid for a period of less than six months in the previous year.

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

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