Question 17110 — people with disabilities

Summary

Mrs Emmanuelle Anthoine alerts the Minister of Solidarity and Health on 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 promote 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 towards fulfilling their obligation employment (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 contractors who will no longer be encouraged in the same way tomorrow to resort to subcontracting. The associations are therefore concerned 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. This is why she asks him if the The Government also intends to guarantee financial neutrality for ESAT, EA and TIH whose activities could be directly and negatively impacted by the reform of the OETH which nevertheless aimed to improve access to work for people with disabilities.

Machine translation from French. The official text remains authoritative.

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