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15893

Question 15893 — people with disabilities

answeredFrance· National Assembly· FR

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2 December 2019

Summary

Mr. Yves Daniel draws the attention of the Secretary of State, to the Prime Minister, responsible for disabled people, to the reform of the obligation to employ disabled workers (OETH) which, after the adoption of the law for the freedom to choose one's professional future, is currently continuing within the framework of the drafting of the implementing decrees of the law which will define the modalities of application of this employment obligation revised. In order to promote the direct employment of disabled people, the law now provides that subcontracting contracts entered into by companies or communities with work assistance establishments and services (ESAT), adapted companies (EA) and disabled self-employed workers (TIH), which represent a total of nearly 250,000 workers with disabilities, can no longer be counted for fulfill their employment obligation (the 6% quota). The Government indicates, however, that the future methods of calculating the use of subcontracting will be defined in the future decree with an objective of “financial neutrality”. Associations representing disabled people are raising concerns about the effect of this reform on clients who will no longer be encouraged in the same way tomorrow to have use of subcontracting. The associations are indeed worried that the reform will directly weaken the work of the 250,000 people with disabilities who today have access to work through the support offered by ESATs and whose work capacity is less than or equal to a third of that of a so-called “able-bodied” person, who are employees in adapted companies or self-employed. Also, he asks it to indicate concretely how the Government intends to guarantee, in an equal manner, financial neutrality for ESAT, EA and TIH whose activities could be directly and negatively impacted by the reform of the OETH which nevertheless aims to improve access to work for people with disabilities.

Machine translation from French. The official text remains authoritative.

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