Public sector: What is the obligation to employ disabled workers?
Verified 01 May 2023 - Legal and Administrative Information Directorate (Prime Minister), Ministry of Labor
Any public employer of at least 20 employees must employ persons with disabilities in a proportion of 6% of the total number of staff. The obligation to employ applies to all staff, irrespective of the nature of their contract. The employer must declare each year the number of jobs occupied by a disabled job to justify compliance with his employment obligation. If the employer does not meet its employment obligation, it must pay an annual contribution.
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)
these persons shall receive a certificate issued at the same time as the notification of the decision placing them in one of the seven situations. That certificate shall explicitly state that the person concerned is a beneficiary of the employment obligation of disabled workers.
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.
An establishment with a staff of 38 must employ 2 disabled workers (38 x 6% = 2,28, rounded to 2).
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.
- Financial aid for the employment of a disabled worker
- Website of the Secretary of State for Disabled PersonsMinistry of Disability
- Obligation to employ disabled workersMinistry of Labor