Employment of disabled workers: company obligations

The inclusion of people with disabilities in the workplace is a major issue in France. To promote access to employment, legislation imposes certain obligations on companies. What are these obligations, and how can companies meet them? Here's how.

Obligation d'Emploi des Travailleurs Handicapés (OETH - obligation to employ disabled workers)

Since the law of July 10, 1987 in favor of the employment of disabled people, reinforced by the law of September 5, 2018 for the freedom to choose one's professional future, the OETH encourages any company with at least 20 employees to employ at least 6% disabled workers among its workforce.

If this obligation is not met, the company must pay a financial contribution to Urssaf or MSA, which is then transferred to Agefiph (Association de gestion du fonds pour l'insertion des personnes handicapées) or Fiphfp (Fonds pour l'insertion des personnes handicapées dans la fonction publique). The amount of this contribution depends on the number of disabled workers required and the size of the company.

What are the solutions for meeting this obligation?

1. Direct hiring of disabled workers

Employees can be hired on permanent or fixed-term contracts, apprenticeships or internships. Employers must declare their disabled workers via the Déclaration Sociale Nominative (DSN). To encourage such hiring, various forms of financial aid are available, notably from Agefiph, which can support the adaptation of workstations and employee training.

2. Subcontracting

Companies can also meet this obligation by collaborating with specialized structures, such as :

• Adapted Enterprises (AE)
• Establishments and Services for Help through Work (ESAT)

By using these structures to provide services or supplies, companies can count these actions towards their employment obligation.

3. Set up an approved agreement

Some companies choose to negotiate a collective agreement approved by the DREETS, incorporating a program for hiring, retaining and training disabled workers. This agreement enables internal management of inclusion, and may be accompanied by an awareness-raising plan for employees.

What are the benefits for companies?

In addition to meeting legal requirements, the inclusion of disabled workers enables companies to :

• Benefit from financial aid (Agefiph bonuses, exemption from charges, etc.)
• Enhance their image by promoting diversity and social responsibility
• Benefit from a wide range of skills and enrich their corporate culture
• Improve their employer brand and attract new talent sensitive to the values of inclusion and social responsibility
• Access public procurement contracts that include inclusion criteria in their calls for tender

How can we promote the integration of disabled workers?

• Adapting workstations (ergonomics, specific equipment, etc.)
• Raising awareness and training teams in inclusion
• Set up support systems (tutoring, flexible working hours, etc.)
• Encourage dialogue with disabled employees to identify their specific needs
• Appoint a disability coordinator within the company to centralize procedures and ensure that they are properly applied.

Penalties for non-compliance

Companies that fail to comply with the OETH must pay a financial contribution. However, if they fail to meet their obligations for three consecutive years, they are subject to an increased financial penalty of up to 1,500 times the SMIC hourly wage per missing position.

The employment of disabled workers is a legal obligation, but above all an opportunity for companies to participate in a more inclusive society. By complying with these obligations and promoting an accessible working environment, companies benefit from significant financial and human advantages.

By Candice Lhomme