Disabled workers: what are the employer’s obligations ?
According to law n ° 2018-771 of September 5, 2018, any company of more than 20 employees is forced to hire disabled employees. The OTTH (Employment obligation for disabled workers) has been set up to combat disability discrimination. Discover in this article the obligations of employer towards disabled employees.
What are the obligations of employer to a disabled worker ?
Coming into force on January 1, 2020, the law concerning the OTTH imposed on companies employing at least 20 people to hire employees with disabilities. What are the Employer for a disabled worker ?
The company is obliged to facilitate the integration of people with disabilities, thanks in particular to an inclusive work environment. By adopting an inclusion and diversity policy, it strengthens its socially responsible business image. To do this, all employees should be put on the same equal footing while allowing disabled workers to benefit from individual support. The implementation of the “Accompanied Employment” system is to be preferred.
The objective is to allow them to obtain and keep paid employment.
So that employees, disabled or not, can work in good conditions, all stakeholders are required to act with benevolence on a daily basis. Management, supervisors and all employees are affected by this policy to respect the Employer for a disabled worker. The missions entrusted to each member of the team must therefore be defined according to their physical resistance and their mental state of health.
It is also important to think of please employees to motivate and retain them, by organizing Team Building activities for example.
The employment rate to be respected
The proportion fixed at 6 % compared to the company’s workforce remained unchanged. This obligation concerns employers of at least 20 workers, regardless of the nature of their contract. In this perspective, the company must proceed with the declaration of the number of positions occupied by disabled employees.
It should be noted that this employment obligation concerns both private companies and public industrial and commercial establishments.
According to article L5213-1 of the Labor Code, any individual whose chances of winning or keeping a job because of the alteration of physical, mental, sensory or psychic functions is considered a worker with disabilities.
The development of workstations
The implementation of a healthy working environment is in the list of Employer for a disabled worker. The development of workstations relates to the choice of offices, armchairs, toe, etc. The objective is to offer employees, whether with disabilities or not, a perfectly ergonomic and comfortable workspace.
Thus, they remain safe from the famous musculoskeletal disorders. It is also recommended to provide them with parking spaces reserved for cars adapted to the transport of disabled people.
According to article L4121-1 of the Labor Code, the employer is required to take all the necessary precautions to ensure the safety of workers. He must protect their mental and physical health. These measures benefit employees, all profiles combined, with disabilities or not. They include in particular:
- Actions of aid, training and information;
- The implementation of individual and collective actions intended to prevent professional risks;
- The implementation of suitable means considering everyone’s handicap so that employees can work in the best conditions.
The developments, adaptations and transformation of workstations are to be defined individually. They must be adapted according to the age as well as the state of physical and mental health of the employee concerned. It is good to know that only an authorized healthcare professional is authorized to determine the state of health of workers, in accordance with article L4624-1 of the Labor Code.
What sanctions if these obligations are not respected ?
As mentioned above, any company with a workforce of at least 20 employees is subject to these obligations. In the event of non-compliance with the OSTH, it is required to pay an annual contribution. This Agefiph tax is intended to finance aid to support the employment of disabled people.
It should be noted that a 5 -year period is granted to new businesses to comply with it.
In the event that the medical recommendations of the occupational doctor are not applied, the employer commits a breach of the obligation of safety. Consequently, he may be ordered to pay damages to the disabled worker.