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not taken into account employment of disabled workers from employer groups, by local authorities

Written Question No. 12 112 Jean-Luc Fichet (Finistère - SOC)
published in the OJ Senate 18/02/2010 - page 357

Jean-Luc Fichet attracts the attention of Madam Secretary of State for the Family and Solidarity in the absence taking into account the employment of disabled workers from employer groups, by local authorities.
The laws state that the use of outsourcing or services are means for communities to contribute to employment of persons with disabilities, provided only that such expenditures are made by companies or adapted sheltered workshops.
A group of employers in the region employing disabled workers is the spirit of the law is "to promote job creation for disabled workers in the public service." But the texts Bill is a sticking point for employer groups to the extent they are not mentioned among the structures that make these expenditures.
solutions are possible: changes could include, like private companies, to consider the member company as the indirect employer of the employee because of his commitment to the employer group, which would allow the employee to be counted in the size of the community.
Also, he asked what changes she intends to take to enable local authorities to take account of disabled employees in the computing workforce.
> Transmitted Ministry of the Interior, Overseas France and Territorial Communities

Response of the Ministry of Interior, Overseas France and Territorial Communities
published in the OJ Senate from 23/09/2010 - page 2508

Like all public employers, local authorities holding at least twenty full-time officers or their equivalent are required, on the basis of Article L. 323-2 of the Labour Code, to employ at least 6% of disabled workers and assimilated. When they do not respect this obligation, they must like other public employers pay to fund the integration of people Disabilities in the Public Service (FIPHFP) a contribution proportional to the number missing (art. L. 323-8-6-1 Labour Code). Public employers may pay part of their employment obligation by entering into supply contracts or subcontracting of services specifically with structures employing disabled workers: adapted companies, distribution centers or centers work at home Aid work, this list is determined exhaustively by Article L. 323-8 of the Labour Code. This is not the case of employer group. This structure brings more employers to recruit one or more employees and the make available to its members according to their needs (art. L. 1253-1 of the Labour Code), local governments can participate in order to promote employment in a territory and employees of the group can work for them Agency for a portion less than half (Articles L. 1253-19 and L. 1253-20 of the Labour Code). This structure has no specific goal is the employment of persons with disabilities. Local authorities can take into account as part of their obligation to employ disabled workers, people working at home as part of this group. Indeed, they must count the people they remunerate (Article L. 323-4-1 Labour Code), while those working at home under the employer group shall be paid by it. It should be noted that the arrangements on the count of disabled persons in public service aim to promote the sustainable use of them. Pursuant to Article L. 323-4-1 of the Labour Code, to be deducted under the obligation to employ a disabled worker must be paid by the community itself on 1 January of the year, regardless of their status; contract employees are recognized beyond six months of employment; account for each agent one and whatever the percentage of work performed, the text does not establish restrictions in this regard. These provisions are explained in the "Employer's Guide" published by the Fund for the Integration of Persons with Disabilities in the Public Service (FIPHFP). There are no plans to change this regime, which allows management of disability in satisfactory condition by public employers.

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Operational Preparation for Employment (POE) takes over the action of training prior to reclassification (AFPR) Reversal of

Operational preparation for employment (POE) is an aid for financing of training prior to employment, paid to an employer who is committed to recruiting a job applicant after a period of training.

aid groups, thus allowing employers to fund effective 1 January 2011 training necessary to acquire the skills needed for jobs that match an offer made to the employment center.

Who is affected?
Any employer wishing to hire a job seeker under:
- a term contract with a duration greater than or equal to 12 months
- a permanent contract
- a professional contract (indefinite)
NB: If the contract work is part time, intensity zone must be at least 20 hours per week.

All jobseekers registered, which is offered a job requiring adaptation through training conducted by either the internal training organization of the employer or by an external training.

How much funding?
For training conducted by the organization within the company in aid from the employment center is of 5.00 € per hour
training (within a period of 400 hours)
For training conducted by the organization outside the company in aid from the employment center is 8.00 € 's
training hours (within a period of 400 hours)
Note: To finance the balance of the cost of training you can get closer to your OPCA, provided that it has signed a framework agreement OCB.

What are the payment terms?
In view of the balance of training and employment contract signed, the aid is paid (either to the employer, in-house training, either directly to the organization of external training)
Failure hiring:
- aid is paid if the job seeker trainee has abandoned the training or refused hiring or training was conducted by a training organization said
- aid may be paid to the balance sheet for internal training. The

AFPR constinue to exist for the shares prior to fixed term contracts for a maximum of one year. The

AFPR and POE devices are managed by the job center.
For POE
we distinguish two cases:

1 - the employer group has a training prior to employment that enters the envelope of 5.00 or 8.00 € per hour of training, since the co-financing of OPCA is not necessary and the agreement is bilateral between the job center and GE
2 - the employer group has a training prior to employment beyond the envelope of 5.00 or 8.00 € per hours of training since the OPCA group intervene in the co-financing to complete payment of the job center. In this case the agreement would be tripartite between GE, the OPCA and the job center.

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DGEFP: LEs are now indebted to the contribution AGEFIPH

institutions at least 20 employees are required to use 6% of disabled workers or failing to pay a contribution to make to AGEFIPH.
are therefore covered by the obligation of employing disabled workers all employers employing 20 employees at December 31, 2010.
(Article L5212-1 of the Labour Code)


A shift in the definition of employer group by DGEFP in matters relating to employment of disabled workers.

• Until 2010

services Delegation General for Employment and Vocational Training (DGTEFP) gave instructions to the Departmental Directorate of Labour, Employment and Vocational Training (DDTEFP) assimilate employer groups and companies acting through consequently, they were subject only to their staff.

Consequently, for several years, groups of employers who made the request were reimbursed for contributions made in error.

• For 2011

Mr Jean-Luc FICHET Senator Finistère asked the Minister Labour to clarify the legal situation, what were the arrangements he wanted to take to see employer groups related businesses for the interim obligation to employ disabled workers.

After review of the DGTEFP, it was stated in a memo dated March 29, 2010 G / New METH/OETH/2010/QR, circulated to all DIRECCTE (replacing the DDTEFP) a group of employers is a structure involving several companies whose goal is to recruit permanent employees to make them available to its members.
As such, these employees have the status of permanent employees of the group, which like any employer employing 20 employees is subject to OETH.

The note concludes by stating that for the consideration of available employees, an employer group is considered an outside company by providing staff in one or more other companies. Should apply the provisions of Article L. 1111-2 of the Labour Code, namely that an employee is available to take into account the size of the user establishment if it meets the three cumulative conditions following:

- being This user in setting the day of counting
- work for at least 1 year
- and not in a position to replace

BUT it is clear that the employee is also counted in the size of the establishment which makes it available.

This internal memo is therefore a consequence eligibility for this tax in 2010, however, one sees the difficulty DIRECCTE use this note to demand contributions for previous years (2007-2008-2009.

It remains for three weeks undertake measures to reduce your contribution to for 2010

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What is the probability that your employer group is subject to administrative control?

Branch Modernization of the State conducted an investigation in the direction of associations on administrative controls they face. 1749 on associations surveyed, 30% were monitored by the state and social organizations and 15% of these have been more than three inspections during the past two years.


63% of controls have focused on associations with more than 25 employees, 21% against those employing fewer than 5 people. 56% of controls were imposed on associations with more than 150 000 € grant, cons 12% funded at less than € 23 000. The government controls most associations are Urssaf, CAF, the Labour Inspectorate and occupational medicine. The majority of associations controlled judge controls proportionate. However, administrative burdens are identified as to the documents required, time limits and coherence between different controls.

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Compensation for illness decline from the month of December. What solutions for GE for the continuation of salary increase?

from 1 December 2010 the daily wage to be considered for the calculation of the daily social security changes, which results in a reduction in the amount of compensation daily compensation for periods beginning on 1 December 2010.
daily wage to be considered depends on how the payment of the employee's wage. Terms

to Pay Off

prior to 1 December 2010

If the salary is paid monthly
-1/90 the amount of the last three payroll prior to the stoppage

If work is discontinuous and a seasonal nature
-1/360 of the amount of wages earned during the 12 months

-1/365 the amount of wages earned during the last 12 months.

stop after 1 December 2010

If the salary is paid monthly

-1/91, 25 of the last three payroll amount which preceded the work stoppage

If the work is intermittent in character and Seasonal
-1/365 of the amount of wages earned during the last 12 months.

Where an employee is off work (sickness, accident, illness, maternity, paternity, adoption), he may receive a per diem security social, to compensate for his loss of income. In addition, you may be required to pay additional compensation to maintain his compensation.

Further compensation paid to employees for the full pay

- Maintaining the compensation prescribed by the Labour Code (Article L. 1226-1 of the Labour Code)
The Labor Code provides that any employee with one year of seniority in the company shall, in the absence of work justified by illness or accident medically established, an additional benefit allowance Daily social security, especially if to justify his absence within 48 hours, and be supported by social security.

- Retention Compensation provided by your collective agreement

Your collective agreement may also provide for the maintenance of the employee's wage when off work in a more advantageous than the Act.

Consequently, the reduction in the amount of the daily social security as of December 1, 2010, will directly increase the amount of additional compensation that you are required to pay the employee

How to finance the additional compensation in an employer group?

Failing to raise a collective agreement which provides for additional compensation by a pension scheme from the 8th day of sick leave as is the case in the agricultural sector or the oyster is well group that returns for the continuation of salary of staff on sick leave with more than one year of seniority, in addition to the daily social security allowances.

The difficulty is that rebill additional salary for members. It is virtually impossible.

That leaves two options.

1 - or negotiate with the pension agency to intervene from the 8th day with an increase in your premium
2 - or integrate this cost margins in the management

In any case it is advisable for groups employers to provide a rapid response from a welfare body to support this supplement.

reminder, the durations of additional compensation at the expense of groups increased by 10 days a full period 5 years of seniority