The bill professional future, examined in the Senate as of this Wednesday, June 27, reviews, the obligation to employ disabled workers (OETH). It recasts, in particular the rules surrounding the famous quota of 6% disabled employees that companies with more than 19 employees must achieve within their workforce, in order not to pay a contribution to Agefiph, the association that manages the fund for the vocational integration of this population of assets.
The government must ensure that its cap will allow “to strengthen the engagement of employers.” But while the unemployment rate of these individuals is a staggering 19%, its reform can it really change the game? Nothing is less sure.
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No question, in effect, to revise the schedule of 6%, even though a parliamentary debate will now take place every five years, for it to eventually evolve. However, the rate of direct employment of people with disabilities is only 3.4% in the private sector. (It is a little better in the public, but the situation is not quite comparable, because of the rules of calculation are different.) There is no question of forcing companies with fewer than 20 employees to complete the OETH. Simply, as of January 1, 2020, they will also be asked to declare their employment rate. But no financial penalty in the event of effort is zero.
The direct employment preferred
What will change, is the way in which the undertakings concerned by the OETH may fulfil their employment obligation. Thus, the quota of 6% will not be achieved by direct employment. Subcontracting in a protected environment – establishment and service of assistance by work (Esat) – or a company-adapted (EA) will only allow tax deductions.
the Same is true regarding the use of self-employed workers with disabilities, which could be accounted for in the quota since the law Macron 2015, and will be more. The association of H up, who had fought at the time for this breakthrough, denounces in the back. “As companies communicate on their employment rates, the self-employed would be less likely to be in demand, in relation to an employee, alarmed by Didier Roche, its president. We do not exclude to enter the human rights Defender on the basis of inequality of treatment.”
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Fear legitimate or not on the part of the activist, the reform of the government is in any case incomplete, if its objective is to promote the direct employment. “It does not, in particular, to one of the problems with the current system : some companies push their employees in-house to apply for a recognition of workers with disabilities, ensures Didier Roche. A way to increase their employment rates, without making any hiring.” It should be according to him “the challenger on the “stream”.
Muriel Pénicaud, minister of labour, is associated with the Secretary of State responsible for Persons with disabilities, Sophie Cluzel (right) to propose a reform of the integration of disabled persons into the working world early 2018.
The ministry of Labour has also included in the text that “all types of employment will be taken into account for the achievement of the 6%, regardless of the status : internship period in a professional situation, acting…” Of the terms of reference presented as an innovation to “break the stereotypes” : the important thing is that the handicap integrates the collective work, considers the executive. Basically, once the company will have jumped the not to accommodate a disabled worker, even for an internship, or for a mission in the interim, it will hesitate less to commit on the recruitment in good and due form. Of course. Except, in reality, it is already possible to integrate these types of jobs to calculate its quota !
The certified agreements limited
Three measures of the bill, in contrast, are largely a positive echo. First, the simplification of the declaration OETH, through the declaration sociale nominative. The red tape and complexity in the least. Then, the bill corrects the perverse effects of the “certified agreements”. There are agreements between the company and the social partners : they sanctuarisent a certain budget to support their policy of employment of people with disabilities, for which no contribution is due to the Agefiph. Problem, the money is often used to share “side” of awareness of or communication about the disability. And in the long term, there is less hiring at the key : “16% of establishments of over 500 employees, under the agreement exceed the statutory threshold of 6%, compared to 19% without agreement,” noted the ministry of Labour. The idea is not to allow only one renewal of these agreements for three years. Six years of implementation in total.
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The text in discussion in the Parliament also plans to review the list of jobs requiring conditions of particular aptitude (ECAP). It comes to professions (equipment operators in the CONSTRUCTION industry, flight attendants, truck driver, etc) with differently for the calculation of the quota. In clear, do not have people with disabilities on these positions is less penalizing them financially. “At the moment the list has been set on foot, in the 80’s, there was not yet new technologies allow for adjustments of position as it is now,” explains Anne Baltazar, president of the Agefiph. This redesign is therefore to be welcomed.
The issue of funding not réglée
Remains that none of these provisions seems, in itself, be of a nature to encourage the recruitment en masse of people with disabilities. “One of the biggest problems of this population, it is the lack of training, reports Catherine Soulie”, director-general of a different way of Living, which manages three of Esat. Two-thirds of job seekers with disabilities have an education less than or equal to the CAP/BEP. The government is counting on the development of learning (with the generalization of the referent of disability in the CFA) and its plan of investment in skills (PIC) to raise the level of this population. A great ambition, which is more like a bet.
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another node, and not the least, is not resolved by this reform made small technical adjustments : the sustainability of the fund for the integration of persons with disabilities, which serve for example to adjustments of position. “Mathematically, the more one approaches the rate of 6%, there will be less money, notes Didier Roche. We need to move to an insurance system to which everyone contributes, as is finance for example the trade unions.” While the consultations with the stakeholders in the world of disability, must continue until the end of 2018, this is an axis that doesn’t seem to be in the program.