DOTCOM: The Disability Online Tool of the Commission France

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DOTCOM: The Disability Online Tool of the Commission

France

F. Employment
F1. Non-discrimination in employment

The principle of non-discrimination was applied in France in employment policy after the
adoption of two main laws.

First is Law 90-602 of 12 July 1990 regarding the protection of persons against discrimination
due to their health status or disability, which originally meant to protect people with AIDS.
Disability was added as a cause of discrimination, which would be prohibited and punished by
penal courts. Another one is Law 2005-102 of 11 February 2005 that extended the principle
of non-discrimination according to the EU Council Framework Directive 2000/78/EC for equal
treatment in employment and occupation.

There are some exceptions concerning the prohibition of discrimination in employment of
people with disabilities. Article 225-3 of the Penal Code states that the provisions of Article
225-1 (grounds of discrimination) are not implemented when: in cases of discrimination
based on health status or disability, the hiring refusal or a dismissal is motivated by a
medically recognised unfitness to the vacancy, according to Title IV of Book II of the Labour
Code (Code du Travail), or according to the health provisions related to public service; in
cases of discrimination in hiring, based on gender, age, or physical appearance, when such a
motive consists in an essential and determining professional requirement.

Disabled people can work in an ordinary work environment, in a mainstream company, in an
adapted company (Entreprise adaptée, EA), in a home work distribution centre (Centre de
distribution de travail à domicile, CDTD), or they can work in a sheltered workshop
(Etablissement et service d’aide par le travail, ESAT). All these types of employment are
oriented by the Commission for the rights and autonomy of disabled persons (CDAPH), and
disabled people can be recruited through public employment agencies (Pôle emploi and Cap
emploi). Adapted enterprises (Enterprises adaptées - EAs) are intended for people who are
unable to work in companies without substantial accommodation in the mainstream labour
market and have 80% of people who have been recognised as disabled workers (RQTH).
ESATs are devoted to people with a working capacity below 30% of the French standard
productivity for the same work position.

According to the Labour Code (Articles R5212-1 to R5212-31), in France, companies which
have been employing more than 20 persons for at least three years, legally have the duty to
employ at least 6% of disabled persons. However, there are some alternatives to the
employment of disabled persons, which were extended by the Law adopted in 2015 (Code for
social action and family of 30 December 2015). These include (among others) setting-up an
annual programme in favour of disabled workers and the planning of recruitment measures
and internship opportunities, especially for disabled young people under 16 years of age,
with the aim of exploring pathways in their transition to the open labour market,

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subcontracting with adapted companies, sheltered workshops or self-employed disabled
workers.

Links
Law 90-602 of 12 July 1990
http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000000350518&dateTexte=
EAs and CDTDs
https://www.legifrance.gouv.fr/affichCode.do?idSectionTA=LEGISCTA000006195890&cidTexte
=LEGITEXT000006072050
ESATs
https://www.legifrance.gouv.fr/affichCode.do;jsessionid=C260772455E836B233D8A02CFC74D
699.tplgfr28s_2?idSectionTA=LEGISCTA000006157638&cidTexte=LEGITEXT000006074069&d
ateTexte=20180222
CDAPH
http://handicap.gouv.fr/les-aides-et-les-prestations/maison-departementale-du-
handicap/article/la-commission-des-droits-et-de-l-autonomie-des-personnes-handicapees
Labour Code (Articles R5212-1 to R5212-31)
https://www.legifrance.gouv.fr/affichCode.do;jsessionid=C260772455E836B233D8A02CFC74D
699.tplgfr28s_2?idSectionTA=LEGISCTA000018526167&cidTexte=LEGITEXT000006072050&d
ateTexte=20180222
Law 015-990 of 6 August 2015
https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000030978561&dateTexte
=20180222
Independent disabled workers
https://travailleur-handicape.ooreka.fr/comprendre/emploi-handicape
Supported employment
http://travail-emploi.gouv.fr/emploi/insertion-dans-l-emploi/recrutement-et-handicap/article/le-
dispositif-de-l-emploi-accompagne
Code for Social Action and Family (Article L 312-1)
https://www.legifrance.gouv.fr/affichCodeArticle.do?cidTexte=LEGITEXT000006074069&idArti
cle=LEGIARTI000020892821

F2. Public employment services

‘Agefiph’ and ‘FIPHPF’ ’ cooperate with 'Cap emploi' which is a national network of
employment agencies in charge of assessment, orientation and support services to disabled
people registered as job seekers and to employers wishing to employ disabled persons. 'Cap
emploi' offers a specialised support, which support includes the definition of a professional
project, the analysis of training needs and the design of a training project, advice o job
search, support to integration and follow up at the company, as well as measures promoting
job retention. Every disabled person can benefit from the support to employment scheme
(dispositif de l’emploi accompagné) aimed at making it possible to get or to keep a job. It
consists of medico-social support and of support to professional inclusion, taking the form of
an assessment of the disabled person’s situation, professional background and skills, the
elaboration of a professional project with a view to inclusion into an ordinary work
environment, support to job-seeking, a follow-up of the person at work in order to secure
his/her professional career by facilitating his/her access to training and to the development of

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his/her skills, provision of work accommodations, and so on. The level of support is decided
by the CDAPH in accordance to the individual needs of each disabled person/employee. The
support is provided by an organisation which may be a social or medico-social service or
other organisation stated in Article L 312-1 of the Code for Social Action and the Family. It
can also be requested by the employer in order to prevent difficulties, adapt the working
conditions, and support the employee in the company.

Another organisation, ‘Alther’ is in charge of mobilising companies into positive actions in
favour of providing employment to disabled persons and ensuring their recruitment, job
retention, traineeships provisions, sub-contracting with adapted companies or organisation of
specialised workshops.

Links
Cap emploi
https://travail-emploi.gouv.fr/ministere/service-public-de-l-emploi/article/cap-emploi
Alther
https://www.handicapinfos.com/informer/agefiph-lancement-alther-reseau-national-simplifier-
vos-demarches_14982.htm
Supported employment
http://travail-emploi.gouv.fr/emploi/insertion-dans-l-emploi/recrutement-et-handicap/article/le-
dispositif-de-l-emploi-accompagne
Code for Social Action and Family (Article L 312-1)
https://www.legifrance.gouv.fr/affichCodeArticle.do?cidTexte=LEGITEXT000006074069&idArti
cle=LEGIARTI000020892821

F3. Workplace adaptations

The main legal provisions requiring that adaptations and accessibility of workplaces should
be completed by 2015, are contained in Law 2005-102 of 11 February 2005, Title IV-
Accessibility, Chapter III: Built environment, transports, new technologies. Article 41 applies
to all buildings, internal and external equipment, whether housing buildings, public buildings
or workplaces. Decree 2009-1272 of 21 October 2009 regarding accessibility of workplaces
for disabled employees reinforces the provisions of the 2005 law on workplaces and provides
details on the norms and standards of adaptations. Both the Law and the Decree make
provisions for departures from the law (Art. R 4214-27) that can be granted by the Prefect
(higher regional public authority) on the basis of assessed technical impossibility.

According to Article L241-10-1 of the Labour Code, the occupational health doctor is entitled
to 'propose individual measures such as workstations’ changes or transformations'
considering such factors as 'the age, the physical resistance, and the health status of the
worker'. The employer is committed to take into considerations the propositions of
adaptations and in case of refusal, he has to justify it. The obligation has no direct link with
the size of the company but with the financial means of the company. The jurisprudence of
the European Commission and of the Council of state have been clarifying the notion of
'reasonable' adaptations. It is an obligation as far as the cost of the measures is not
'disproportionate' taking into account the financial supports that can be allocated to the

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company. The final decision is made by the Labour inspector.

In regards to disabled persons and those who are in the process of being recognised as
disabled, as far as there is a recommendation from the occupational health doctor, Agefiph
takes part in the funding of material, human and organisational means, of temporary
professional help in the limit of EUR 9,150 per year, and of interpreting or interface services
for death people in the limit of EUR 2,600 per year (EUR 9,100 in the scope of a training
session) as well as for video-interpretation in the limit of EUR 1,300.

In certain complex situations a specialist of working conditions adaptations can be hired to
evaluate the needs and solutions. Agefiph also supports vehicles’ adaptations.

Links
AGEFIPH Aids
https://www.agefiph.fr/Entreprise/Maintien-dans-l-emploi/Toutes-les-aides-Agefiph-pour-
maintenir-l-emploi-d-un-salarie-handicape
Law 2005-102 of 11 February 2005
http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000000809647&dateTexte=
Decree 2009-1272 of 21 October 2009 regarding accessibility of workplaces for disabled
employees
http://legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000021187284&categorieLien=id
The Labour Code (Article L241-10-1)
https://www.legifrance.gouv.fr/affichCodeArticle.do?cidTexte=LEGITEXT000006072050&idArti
cle=LEGIARTI000006647668

F4. Financial incentives

Companies not fulfilling the quota duty have to pay a tax which is collected by ‘Agefiph’.
Agefiph is an organisation, which was founded in 1987, following the law setting a 6%
employment quota for persons with disabilities in the private sector. It has been in charge of
the administration of the contributions paid by the companies that do not fulfill the quota,
which was converted into a fund for the professional inclusion of disabled persons. In 2011
and 2013 its competences were extended by the Government to include the funding and
provision of professional training for unemployed disabled people. It is managed by
representatives of employers, employees and disabled people. The taxes paid by public
employers not complying with their quotas are collected by FIPHFP (fonds pour l’insertion des
personnes handicapées dans la fonction publique), which was created in 2006 by decree.
Companies employing disabled persons for six months or more can get up to EUR 3,000 to
support professional insertion.

According to the severity of the disability of the employee, leading to a possible productivity
gap when compared to normal conditions and in adapted conditions, a company employing a
disabled person can get some financial ‘compensation‘ (Reconnaissance de la Lourdeur du
Handicap). It can take the form of a modulation of the contribution due to Agefiph or of a
support for the employment of the disabled person (Aide à l’emploi des travailleurs
handicapés, AETH) forecasted by the Labour Code.

Links

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AGEFIPH
http://www.agefiph.fr/#agefiph
Fund for the vocational integration of disabled persons (AGEFIPH)
http://www.agefiph.fr/#agefiph
Fund for the integration of disabled persons in public services (FIPHFP)
http://www.fiphfp.fr/
Fund for the vocational integration of disabled persons in public services, decree
https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000000814863&dateTexte
=&categorieLien=id
Financial incentives for the employment of disabled workers in the open labour market
https://www.service-public.fr/professionnels-entreprises/vosdroits/F15204
Recognition of the severity of disability
https://www.agefiph.fr/Professionnel/Reconnaissance-de-la-lourdeur-du-handicap
Financial incentive for the employment of a disabled person in function of the severity of
disability, Article R5213-40 of the Labour Code
https://www.legifrance.gouv.fr/affichCodeArticle.do?cidTexte=LEGITEXT000006072050&idArti
cle=LEGIARTI000018495378&dateTexte=&categorieLien=cid
Financial incentive for the employment of a disabled person in function of the severity of
disability, Article L 5213-11 of the Labour Code
https://www.legifrance.gouv.fr/affichCodeArticle.do?cidTexte=LEGITEXT000006072050&idArti
cle=LEGIARTI000006903710&dateTexte=&categorieLien=cid

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