The professional integration of people with disabilities is a major issue in French social policy. To promote their access to employment and combat discrimination, the law has for many years required companies of a certain size to employ disabled workers. However, the procedures for implementing this obligation have evolved through various reforms, notably with Law No. 2015-990 of August 6, 2015, for growth, activity, and equal economic opportunity, better known as the Macron Law.
This reform eased certain mechanisms to allow employers to fulfill their obligations while promoting better integration of disabled people into the workforce. The decree of September 1, 2016, clarified several of these new measures.
The obligation to employ disabled workers: a long-standing principle
In France, any company employing at least 20 employees is subject to an obligation to employ disabled workers. For many years, this obligation represented 6% of the company’s total workforce. Its objective is simple: to promote access to employment for people with disabilities and encourage their job retention.
Beneficiaries of this obligation notably include individuals holding the Recognition of Disabled Worker Status (RQTH), victims of industrial accidents or occupational diseases resulting in permanent disability, holders of a disability pension, or certain beneficiaries of military disability pensions.
When a company does not comply with this obligation, it must pay a financial contribution intended to promote the professional integration of disabled people.
The different ways to satisfy this obligation
Direct hiring of disabled employees naturally remains the preferred way to fulfill this obligation. However, the legislator has progressively developed other solutions to account for the diversity of companies and situations encountered.
Even before the Macron Law, certain alternative mechanisms already existed. The reform supplemented and strengthened them to offer more flexibility to employers while promoting the career paths of the individuals concerned.
Thus, a company can satisfy all or part of its obligation through various mechanisms provided for by the Labor Code.
Direct employment remains the preferred solution
Hiring disabled workers under permanent contracts, fixed-term contracts, apprenticeship contracts, or professionalization contracts remains the most direct response to the legal obligation.
Beyond compliance with a regulatory obligation, this approach also allows companies to benefit from the skills of qualified employees while developing a social responsibility policy valued by partners, clients, and staff.
Furthermore, the employer is required to guarantee equal treatment and can benefit from aid intended to finance certain workstation adjustments or the adaptation of working conditions when the disability requires it.
Industry-wide, group, or company agreements
The Macron Law confirmed the possibility for companies to satisfy their employment obligation through an approved collective agreement.
These agreements can be concluded at the professional branch, group, or company level. They must provide for a multi-year program including concrete actions in favor of the integration and job retention of disabled workers.
They may notably cover:
- the recruitment of disabled employees;
- training actions;
- adaptation of workstations;
- job retention measures;
- awareness-raising actions for employees and managers.
These agreements allow companies to develop a genuine inclusion policy adapted to their business activity.
Professional immersion periods
Among the changes introduced by the Macron Law is the development of professional immersion periods (PMSMP).
These periods allow a disabled person to discover a trade, confirm a professional project, or gain initial experience in a company.
They do not constitute an employment contract but offer a professional immersion that is particularly useful for preparing for future hiring.
For this period to be taken into account within the framework of the employment obligation, its duration must be at least 35 hours.
This mechanism thus promotes the meeting between employers and disabled candidates in a flexible and secure framework.
Hosting interns with disabilities
The Macron Law also facilitates the hosting of disabled people within the framework of internships.
These periods allow beneficiaries to discover how a company operates, develop their skills, and improve their employability.
To be taken into account, several conditions must be met:
- a regular internship agreement must be concluded;
- the intern must fall into one of the categories eligible for the scheme, notably by receiving a benefit or allowance related to the disability;
- the minimum duration provided for by the texts must be respected.
These internships often constitute a first step toward sustainable professional integration.
Observation periods for students with disabilities
The reform also provided for specific provisions concerning students in general education with disabilities.
These young people can now carry out observation periods in companies to discover the professional world and prepare their career orientation.
Here again, the conclusion of an agreement is essential to legally frame the hosting of the student and guarantee their protection.
This measure contributes to promoting better professional integration from the early stages of the educational path.
Payment of a financial contribution
When a company does not fully fulfill its employment obligation despite the various existing mechanisms, it must pay an annual contribution.
The amount of this contribution is calculated notably based on:
- the company’s workforce;
- the number of beneficiaries who should have been employed;
- the gap between the legal rate and the actual number of disabled workers present in the company.
This contribution participates in the financing of public policies intended to promote the employment of disabled people.
Expenses now deductible
One of the interesting contributions of the Macron Law lies in the possibility of deducting certain expenses incurred by the company.
The decree of September 1, 2016, clarified the categories of expenses that can be taken into account.
These may notably include expenses intended to improve the accessibility of premises, adapt workstations, implement awareness-raising actions, or promote the job retention of disabled employees.
This mechanism encourages companies to invest concretely in an inclusion policy rather than limiting themselves to paying a financial contribution.
A reform geared toward better inclusion
Beyond the purely legal aspect, the Macron Law pursues a broader objective: to promote the sustainable integration of disabled people into the workforce.
By multiplying the solutions offered to employers, the legislator seeks to develop diversified paths allowing the individuals concerned to discover trades, gain experience, and more easily access permanent employment.
This approach also benefits companies, which now have more flexible tools to build an inclusion policy adapted to their needs.
Support from an employment lawyer
The regulations relating to the obligation to employ disabled workers are technical and have undergone several legislative changes since the Macron Law, notably with the reforms that took place in 2018 and 2020.
Companies must ensure they comply with their reporting obligations, correctly calculate their potential contribution, and secure the implementation of the various mechanisms provided for by the Labor Code.
For their part, employees with disabilities also have specific rights regarding equal treatment, workstation adjustments, job retention, and the fight against discrimination.
An employment lawyer can support both employers and employees to secure their procedures, prevent litigation, and effectively defend their interests before the competent courts.
