Law handicap

The law “for the chance and equal rights, participation and citizenship of the handicapped people” of the February 11th 2005 (law 2005-102, OJ n° 36 of February 12th, 2005 page 2353), known as law Handicap , brings fundamental evolutions to answer waitings of the handicapped people.

In 2005, one counted more than five million people handicapped in France, that is to say nearly 10% of the population. Jacques Chirac announces in 2002, the decision to make insertion of the handicapped people, one of the “three large building sites” of its five-year period. An ambition which falls under a will “to reinforce our national cohesion for more justice and thus more attention to most vulnerable”.

Three years later, in 2005, the adoption of the law translates the will to sensitize the civil society as well as the Employeur S with these problems. Any handicapped person has the right “to solidarity of the unit of the Nation as a community”.

This political volunteer concretizes strong principles:

the accessibility generalized for all the fields of the social life (education, Employment, tallies built, Transport S…)
right to compensation of the consequences of the handicap
the participation and proximity, implemented by the creation of the Département houses of the handicapped people.

A legal definition of the handicap

The law of February 11th, 2005 defines the handicap in all its diversity. Article 2 stipulates that “a handicap constitutes, within the meaning of the present law, any limitation of activity or restriction of participation in the life in society undergone in its environment by a person because of a substantial, durable or final deterioration of one or more functions physical, sensory, mental, cognitive or psychic, of a Polyhandicap or invalidating disorder of health”.

New list of the recipients

The list of the recipients of the obligation of employment is supplemented according to article 27: the holders of the chart of disability or Allocation with the handicapped adults will be included (AAH). They will charge the same fees as the current recipients.

Commission of the Rights and the Autonomy of the Handicapped People

Since the year 2005, this commission continues the functions of reclassification and obtaining Handicapped the Travailleur recognition engaged by the Cotorep. The classification in various categories (has, B and C) disappeared since January 1st, 2006. Indeed, the calculation of obligation of employment is modified as follows:

Each recipient of the recognition account each one for a unit if they were present at least six months during the last twelve months, whatever the nature of the work contract or his duration, except for those under work contract temporary or placed at the disposal by an outside firm which are taken into account in proportion to their attendance time in the company during the twelve previous months .

The interest of this measurement is to align on the same plan of equality all the Workers Handicapped vis-a-vis employment. Exceptions will be however authorized, under certain conditions, for the heavy handicaps.

Remuneration

Previously, according to the Labor regulation, an abatement on wages is practiced for the occupied handicapped workers in ordinary medium of work, whose professional output is manifestly decreased. This abatement is however in whole or part compensated by a mechanism of guarantee of resources to the load of the State. This device (abatement on wages and guarantee of resources) is repealed starting from January 1st, 2006 by articles 37 and 96 of the law and is replaced by a new device.

Reclassification of the inapt employee

The reclassification of the employee declared by the company doctor inapt for his old station at the conclusion of a sick leave for disease or accident not professionals is obligatory. Measurements to be considered by the employer comprise inter alia the installation of work. The work contract of the employee declared inapt can be suspended to enable him to follow a training course of professional reclassification (article 23).

This modification of article 23 misses precision. Which are the types of training course covered by this measurement? Who has authority to prescribe them? As many questions to which the next decrees will have to be subjected.

Obligations of the employer

The law of July 10th, 1987 obliges any employer of the private sector and any public corporation related to commercial industrial and occupying 20 paid or more, to employ, in a proportion of 6% of its employee, handicapped workers.

In the intention to guarantee the principle of equal treatment with regard to the handicapped workers , the employers are held to take appropriate measures, according to the needs in a situation concretes , to allow the handicapped workers:

to reach an employment or to preserve an employment corresponding to their qualification, to exert it or to progress there;
to see itself giving a training adapted to their needs.

The handicapped employees concerned with these measurements are:

hard-working recognized handicapped by the Commission of the rights and the autonomy of the handicapped people;
victims of industrial accidents or occupational diseases having involved a permanent disability at least equal to 10% and holders of a revenue allotted under the general scheme of social security or any other mode of obligatory social protection;
titular of a disablement pension provided that the disability of the interested parties reduces at least of the 2/3 their capacity of work or profit;
assimilated former servicemen and, holders of a military pension of disability under the Code of the military pensions of disability and victims of the war;
titular of an allowance or a revenue of disability relating to the social protection of the voluntary firemen in the event of accident which has occurred or of disease contacted in service;
titular of the chart of disability;
titular of the allowance to the handicapped adults.

The recognized workers handicapped before 2005 by Cotorep profit, of course, of these provisions.

The refusal to take appropriate measures is equivalent to a discrimination of the employer. The companies not respecting the quota will heavily be sanctioned: for this purpose, the contribution poured to Agefiph (Association of management of the funds for the professional insertion of the handicapped people) was revalued to the rise (600 times time SMIC, against 500 before). This last point is applicable since January 1st, 2006.

The concept of installation reasonable, into force since a directive of November 2000, becomes of this fact relative and supplemented by this obligation of appropriate measures.

Principle of non-discrimination

According to the current texts of the Labor regulation, no person can be isolated of a recruitment procedure or access to a training course or one period of formation in company and no employee can be sanctioned, laid off or be the subject of a discriminatory measurement because of its health condition or its handicap.

This general principle of non-discrimination remains still in force in the new law.

On the other hand, the treatment differences founded on the inaptitude noted by the company doctor because of the health condition or the handicap do not constitute a discrimination insofar as they are objective, necessary and suitable.

By recognizing the principle of “positive” discrimination for the benefit of the handicapped workers, the law ultimately adopts in favor of this category of workers a device identical to that planned for the older wage earners; if the age is a reason for discrimination, the new law provides that the treatment differences founded on the age do not constitute a discrimination when they are reasonably justified by legitimate objectives, in particular of policy of employment (article 24).

Legal action of associations

From now on, associations working in the field of the handicap have the possibility of bringing an legal action in favor of a candidate for an employment, a training course or a period of training in company or of an employee of the company, provided they justify of a written agreement of the interested party. This one can always intervene with the authority engaged by association and put a term at it constantly. Associations constituting itself left civil will have to bring the proof of a discrimination based on the handicap (article 24).

Dismissal

Before February 12th, 2005, the duration of the notice, in the event of dismissal, was doubled for the recipients of the obligation of employment of the handicapped workers more than cash one unit. Since, these provisions apply to all the recipients of the obligation of employment, without reference of unit or category.

Public office

Previously, the three public office (main road, territorial and hospital) was not-subjugated with the obligation of employment. At the beginning of the year 2006, these functions will follow the same rule of obligation as the private sector. The innovation is the creation of the Fonds for the insertion of the people handicapped in the public office.

The right to a departure with the early retirement extends to the agents handicapped from the public office (article 28).

The access to the public office will be widened to accommodate (in addition to the Handicapped Workers recognized by the commission of the rights and the autonomy of the handicapped people) the people victims of industrial accidents and occupational diseases whose permanent rate reaches 10%, the holders of disablement pensions, the invalids of wars, the holders of the chart of disability (articles 32,33 and 35).

The suppression of the criterion of age will be spread out over five years.

Protected work and Centers of assistance by work

The sheltered industries (AP) become adapted companies and leave the sector protected for better integrating the ordinary medium of work. Thus the law recognizes it finally a specific place to them. The centers of assistance by work (CAT) become establishments and services of assistance by work (ESAT); the people who are accommodated there must conclude a specific contract of stay, the contract of support and assistance by work (Olivier POINSOT, " The contract of support and assistance by the travail" , Right & Health n° May 17th, th and th 2007, p. 276-300). The local government agencies and the privately held companies will be able to create adapted companies.

The wages perceived by the profit handicapped person of this measurement will be at least equal to the Minimum wage of time Insertion of Growth.

Département houses of handicap (MDPH)

In addition to the creation of the Commission of the rights and autonomy of the handicapped people, Maisons of the handicap are installation in each French department.

These houses ambitionnent to become a “one-stop shopping” for any handicapped person and her family in the search of information, accompaniment and council. They ensure the operation of the commission of the rights and the autonomy of the handicapped people . Article 64 specifies that a single interlocutor deals with the complex steps imposed today on the person or her family. They will designate a mediator to privilege the consensus with the dispute in the event of dissension of the person handicapped with a decision.

The département house of the handicapped people is a grouping of public interest (GIP), whose department ensures the administrative supervision and financial.

This simplification of the administrative formalities is based on the will to gather in the same place the actors working in professional insertion and the assistance with the people in situation of handicap.

Internal bonds

Explanation of the French law, of February 11th, 2005.
Accessibility of the Web

External bonds

Of the laws of 2002 ('' 2002-2 of the 2 janv 2002 '', '' 2002-73 of the 17 janv 2002 ''), of restoration and modernization of the social action to the law of February 11th, 2005 ('' 2005-102 of the 11 févr 2005 ''), for the chance and equal rights, the participation and the citizenship of the handicapped people, ''' to
voir the explanation and the follow-up of the state of application of these laws, organized under various headings '''.

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Law Handicap

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