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Disabled workers: legal obligations of employers


The law uses both incentives and a multitude of sanctions against companies that do not comply with the quotas for the employment of disabled persons.

 

Since 1987, companies with more than 20 employees must employ at least 6% of disabled persons.  On 11th February 2005, this obligation was confirmed and the measure was extended to holders of the 'invalidity card' and those receiving 'disabled adult' benefits.

These two laws have introduced financial penalties. Ministries, regional or local authorities, and public hospitals employing fewer than 6% of disabled workers must pay a fine to the Disabled Persons' Civil Service Professional Integration Fund. Private companies must pay the Disabled Persons' Professional Integration Fund Management Association (Agefiph) a contribution amounting to 600 times the hourly minimum wage per disabled worker not employed. This amount is multiplied by 2.5 if no action is taken within three years. 

As a means of rewarding a show of good will, this contribution can also be reduced: expenses incurred beyond the legal obligation are deducted from it, and special assistance packages have been created for the recruitment of severely handicapped persons. Within the framework of an agreement, Agefiph will even pay for the adaptation of workstations if necessary.

Despite these incentives, only a third of companies currently meet the legal quotas.

Published on 2008.10.29

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