Question 17116 — people with disabilities

Summary

Mr. Christophe Naegelen draws the attention of the Secretary of State to the Prime Minister, responsible for disabled people, to the status of disabled workers in ESAT. Disabled workers in work assistance establishments and services (ESAT) are considered “users and non-employees” within the meaning of French law but benefit from rights arising from the labor code and adapted to their own situation, in particular in training material. Indeed, the ESAT being a social and medico-social institution, financed by the State, and not a company, disabled workers cannot be assimilated to ordinary employees, subject to the labor code. They are therefore, above all, users of a social and medico-social structure. Any disabled worker hosted in an ESAT is entitled to “guaranteed remuneration” paid by the establishment or work assistance service which welcomes him and which takes into account the full-time or part-time nature of the activity he carries out. For disabled workers admitted to an ESAT who carry out a full-time professional activity, the amount of this guaranteed remuneration is between 55.7% and 110.7% of the SMIC; the exercise of a part-time activity, whatever the duration, leads to a reduction proportional to the amount of this guaranteed remuneration. In order to help ESATs finance it, the State pays “post assistance” for each disabled person welcomed. Their salary being lower than the minimum wage, the rest being compensated by the disabled adult allowance (AAH), the question that arises is that of their retirement. This is only calculated according to the remuneration in proportion to the SMIC that they received. A certain feeling of exploitation may result. He therefore asks how the Government intends to increase their remuneration, even though what was supposed to constitute a first step towards reintegration very often becomes a situation established over time. Furthermore, as disabled workers do not have an employment contract, labor law applies to ESATs only with regard to questions relating to hygiene. and safety and occupational health. Therefore, he would like to know the law in force regarding work accidents involving these workers.

Machine translation from French. The official text remains authoritative.

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