Question 11113 — people with disabilities

Summary

Mr. Guy Bricout draws the attention of the Minister of Solidarity and Health to the concerns of the Association for Disabled Adults and Young People APAJH Nord. It turns out that the goals of this association are clearly stated in its statutes, namely: the creation and development of economic structures capable of integrating people with disabilities into protected or ordinary work environments. Thus, the activity of their adapted companies clearly aims to make access to work possible for employees with disabilities, to support and accompany the emergence and consolidation of their professional project with a view to their development and promotion. To take two examples, the adapted company Le Sextant based in Lille has specialized in the cleaning sector and works with numerous service providers and public authorities. She is therefore identified with INSEE by an NAF code “Help through work” (code 8810C). The same goes for the adapted company “Challenge” located in Caudry which provides several types of services (green spaces, packaging of various textile items, cleanliness, etc.). However, on April 17, 2018, APAJH Nord received an email from DIRECCTE asking it to modify the NAF code of its adapted companies so that it reflects the activity they actually carry out. He therefore asks them to reconsider code 8810 C “help through work” which nevertheless corresponds perfectly to their social mission: to employ people with disabilities who have difficulty accessing employment. Modifying these NAF codes would, however, have a certain number of non-negligible consequences: calling into question the model of these structures and the financing from which they benefit to compensate for the handicap, an instability due to the regular change of the NAF code of the main activity according to the turnover depending on the years. Such a change would also lead to inextricable situations. Thus, if the NAF code of the main activity of the adapted company Le Sextant was that of the cleaning activity (81.2) and the application of its collective agreement this would induce the obligation to apply the appendix 7 of this agreement and therefore the recovery of the service provider's employees in the event of a market recovery. From then on it would become impossible for Le Sextant to respect both this appendix 7 and its obligation as an adapted company to hire 80% of employees with disabilities in its production workforce. Faced with so many complexities which risk seriously slowing down the activity of this association, which is nevertheless essential, he would like know her position and how she would consider resolving this situation.

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