Connaitre ses droits

Disability, equal rights

Last Updated on Friday, 17 June 2011 07:58 Written by Administrator Friday, 17 June 2011 07:20

The law of 11 February 2005 defines disability in all its diversity. Article 2 states that "constitutes a disability within the meaning of this Act, any activity limitation or restriction of participation in social life suffered in its environment by a person due to a substantial, lasting or permanent one or more physical, sensory, mental, cognitive or mental or multiple disabilities with a disabling medical disorder. "

The list of beneficiaries of the employment obligation is completed according to Article 27: will be included cardholders or disability benefits for disabled adults (AAH). They will receive the same rights as the current beneficiaries.

Human Rights Commission and the autonomy of people with disabilities

Since 2005, the commission continues the functions of rehabilitation and obtaining recognition disabled worker engaged by the MDPH. The classification into different categories (A, B and C) has been missing since 1 January 2006. Indeed, the count of employment obligation is amended as follows:

• Each recipient of recognition 'account for each unit if they were present at least six months during the last twelve months, regardless of the nature of the employment contract or duration, except those under contract temporary or provided by an outside company that are taken into account in proportion to their time spent in the company during the previous twelve months. "
• The advantage of this measure is to align on the same level playing field for all disabled workers in employment. Exceptions will be granted, however, under certain conditions, for severe disabilities.

Previously, according to the Labor Code, a deduction from wages is practiced for disabled workers employed in mainstream work, including job performance is known to be decreased. This allowance is, however, all or part offset by an income support mechanism at the expense of the state. This device (reduction of wage and income support) is repealed as of 1 January 2006 by Articles 37 and 96 of the Act and replaced by a new device.
The employment assistance is granted at the request of an employer for one of its employees with disabilities, or a non-salaried worker beneficiary of the Act of February 11, 2005.
This support is 450 times the hourly minimum wage for basic assistance, or 900 times the minimum wage for increased aid.

The reclassification of an employee declared by the company doctor unfit to his former position at the end of a work stoppage for non-occupational illness or injury is mandatory. Measures to be considered by the employer include among others the development work. The employment contract of the employee unfit may be suspended to enable him to follow a course of vocational rehabilitation (article 23).

Employer's obligation to disability

The law of 10 July 1987 requires all employers in the private sector and any public industrial and commercial with 20 or more employees to use, at a rate of 6% of its workforce, workers with disabilities.

With the intent to guarantee the principle of equal treatment in respect of disabled workers, employers are required to take appropriate measures as necessary in a concrete situation, to enable workers with disabilities:

• access to employment or retain employment commensurate with their qualifications, exercise or advance;
• to be providing training tailored to their needs.

Disabled employees affected by these measures are:

• Workers with disabilities recognized by the Commission on Human and autonomy of people with disabilities;
• victims of accidents or illnesses that resulted in permanent disability of at least 10% and holding an annuity awarded under the general scheme of social security or any other plan of compulsory social protection;
• Holders of a disability pension provided that the invalidity of interest reduced at least 2 / 3 capacity to work or earn;
• former soldiers and the like, pensioners military disability under the Code of military disability pensions and war victims;
• Holders of an allowance or a disability pension on the welfare of volunteer fire departments in case of accident or disease contacted in service;
• Cardholders disability;
• Holders of the allowance for disabled adults.

Workers disabled before 2005 recognized the benefit Cotorep course of these provisions.

The refusal to take appropriate action amounts to discrimination by the employer.

Employers can meet their employment obligation in several ways: direct employment, contracting and service delivery with the protected environment (limited to half of the obligation, the conclusion of a collective agreement with trade unions approved by the prefect or the payment of a contribution. The legislator wanted to make this contribution to the Agefiph (fund management association for the professional integration of disabled people) more incentive: for this purpose She was reassessed on the rise (from 400 to 600 times the hourly minimum wage, against 300 to 500 before). The latter is applicable since 1 January 2006. Finally, employers who have completed three years in a row their duty only by payment of a contribution to the Agefiph see it increased to 1500 times the hourly minimum wage.

The concept of reasonable accommodation, a directive in force since November 2000, thus becomes relative and supplemented by the obligation of appropriate measures.

According to the current text of the Labour Code, no person shall be excluded from a recruitment procedure or access to an internship or a period of job training and no employee may be disciplined, dismissed or subject to a discriminatory measure due to his health or disability.

This general principle of non-discrimination is still in force in the new law. By cons, differences in treatment based on the declared unfit by the doctor from work because of health or disability is not unlawful discrimination to the extent that they are objective, necessary and appropriate.

Recognizing the principle of positive discrimination in favor of disabled workers, the legislation ultimately adopted for such workers a device identical to that provided for older workers, if age is a pattern of discrimination, the new law that differences of treatment based on age does not discriminate when they are reasonably justified by legitimate objectives, including employment policy (Article 24)

Now, associations working in the field of disability have the opportunity to bring a lawsuit on behalf of a candidate for a job, an internship or a training period in a company or an employee of the company, provided they show a written agreement of the individual. This can always intervene in proceedings brought by the association and stop it at any time. The association is the plaintiff must provide evidence of discrimination based on disability (Article 24).

Before February 12, 2005, the period of notice for dismissal, was doubled for the beneficiaries of the obligation to employ disabled workers with more than one unit. Since then, these provisions apply to all beneficiaries of the employment obligation, regardless of unit or category.

Disability and Public

Previously, three public (state, local and hospital) were not subject to the requirement of employment. Since the beginning of 2006, these functions follow the same rule requirement that the private sector. The novelty is the creation of the Fund for the integration of disabled people in public service.

The right to retire early with disabilities extends to agents of the public service (Article 28).

Access to public service will be expanded to include (in addition to disabled workers recognized by the Commission on Human and autonomy of people with disabilities) the victims of industrial accidents and occupational diseases where the rate reaches 10 permanent %, the disability pensioners, invalids of war, cardholders disability (32, 33 and 35).

The suppression of age criteria will be spread over five years.

Sheltered work center and work assistance

Sheltered workshops (AP) become adapted businesses and leave the protected area to better integrate the ordinary working environment. And their legal she finally a specific place. Assistance centers in the (WCB) become institutions and support services through labor (ESAT) people are welcomed to enter into a contract specific residence, the contract for support and assistance by the work (POINSOT Olivier, "The contract for support and assistance through labor", Law & Health 17, May 2007, p. 276-300). Local governments and private companies can develop appropriate business.
The salary received by the disabled beneficiary of this measure will be less than the Minimum Wage growth Insertion zone.

Departmental homes of disabled people (MDPH)

In addition to creating the Commission on Human and independence of people with disabilities,

Houses of disability are set up in each French department. These houses aspire to become a "one stop shop" for all people with disabilities and their families seeking information, support and advice. They ensure the functioning of the Commission on Human and independence of disabled people. Article 64 states that "one stop shop supports complex procedures imposed today in the person or his family." They appoint a mediator to emphasize the consensus litigation in case of disagreement of the disabled person with a decision.

The home county of disabled people is a public interest group (GIP), whose department oversees administrative and financial.

This simplification of administrative procedures based on the desire to bring together in one place those working in the professional integration and support for persons with disabilities.

Legal Reference Law No 2005-102 of 11 February 2005 for equal rights and opportunities, participation and citizenship of disabled people (1)