What about the Law ?

Employment obligation of 6%

Since the creation of the Law of July 10th 1987, businesses with more than 20 employees are held to the obligation of at least 6% disabled employees (public or private sector). The Law of February 11th 2005 reaffirms this obligation and extends it into new categories.

Who is concerned ?

The fact that you have a disability is not reason enough to be considered in the 6%. You must fall into one of the following categories :

• Must hold a disability card or a disabled adult benefit (AAH)

• Workers deamed « with disabilities » by the Rights and Autonomie Commission for the Disabled (CDAPH) (ex-COTOREP)

• Victims of work related accidents or illnesses leaving you permanently unfit or partially of at least 10% reduction of working capacity and those receiving financial aid from “Securite Sociale”.

• Holders of a disability pension with a reduction of 2/3 of their working capacity.

• Veterans and holders of disability pensions

• Widows from the war who were never remarried as well as orphans from. the war aged 21 or less.

• Widows from the war who were remarried but have at least one child with the deceased soldier.

• Volunteer firefighters, victims of a related accident

Punishment for employers who do not obey the 6% obligation?

A financial contribution

Since the creation of the Law of July 10th 1987, businesses in the private sector who have not reached the 6% obligation are required to pay a debt to the AGEFIPH.

Since the Law of Feburary 11th 2005, public employers must also pay a debt to FIPHFP.

The Debt is calculated the same way for both the pubic sector and private sector. You can find the calculations on the AGEFEPH website. This debt can be very high. For example, a business with 2000 employees who hires no disabled employees must pay 600,000 euros yearly.

Obligations concerning accessibility and position adjustements

Since the Law of Feburary 11th 2005, to insure equal treatment of disabled employees, employers must take “appropriate measures” so that the disability is not considered cause for eviction and that skill is the contributing factor for recruitment, job security as well as professional growth.

These measures could involve the adjustment of certain machines and tools, adjustments to employment positions, access to professional premises, accompaniment and equipment necessary for individual workers.

The AGEFIPH for the private sector and the FIPHFP for the public sector can both financially contribute to these arrangements.

Ways to discharge employment obligations

The Law allows businesses to fully or partially discharge of their obligation by upgrading their efforts concerning the inclusion of people with disabilities.

Businesses can also:

Sign with subcontractors, suppliers, multiple different services or workers with disabilities. Certain businesses can fill up to 50% of their employment obligation by sub-contracting with:

-Adapted businesses (ie: specific workshops and tasks)

-Availability of working from home

-Services that provide aid for workers (ex: CAT)

One form allows you to pass from a subcontractor market to a number of different beneficiaries.

Welcoming potential employees with disabilities on the basis of work experience. The establishment can accompany the trainee for the year for a maximum of 150 hours. These trainees are welcomed with a limit of up to 2% of effective tax liability.

Establish an agreement with a branch, business or institution in favour of hiring employees with disabilities. A successful agreement would permit the business, after being confirmed by administration, to be exempt from the employment obligation during the period of the agreement.

It is essential that this agreement includes plans to hire employees with disabilities as well as at least two of the following actions :

-Integration and training
-Adapting to technological advances
-Secure job retention

The majority of businesses having already made agreements usually designate a consultant or member of Mission Handicap in order to formalize their accord.