Question 16090 — people with disabilities

Summary

Mr. Jean-Carles Grelier draws the attention of the Minister of Solidarity and Health to the reform of the obligation to employ disabled workers (OETH). Indeed, after the adoption of the law for the freedom to choose one's professional future, the reform of the OETH is currently continuing as part of the drafting of the decrees implementing the law which will define the terms of application of this revised employment obligation. In order to to promote the direct employment of disabled people, the law now provides that subcontracting contracts awarded by companies or communities to work assistance establishments (ESAT), adapted companies (EA) and self-employed workers with disabilities (TIH), which represent a total of nearly 250,000 workers with disabilities, can no longer be counted towards fulfilling 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 expressed their concerns about the effect of this reform on clients who will no longer be encouraged in the same way tomorrow to use 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 establishments and services providing assistance through work (ESAT) and whose work capacity is less than or equal to 1/3 of that of a so-called “able-bodied” person, who are employees in an adapted company. or self-employed. Under these conditions, he asks it to please indicate how the Government intends to concretely guarantee 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.

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