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.
0 comments:
Post a Comment