Starting 1 Jan 2020, employers in France must comply with new measures on employing individuals with disabilities under a 2018 law (French). Three 2019 decrees provide more details about the mandatory declaration (French), approved employer agreements (French) and calculation of employers’ financial contribution (French).
The measures expand on 2005 revisions to the labor code (French) that aim to boost employment of people with disabilities in companies with 20 or more employees. Under the 2005 provisions, 6% of a company’s workforce must be registered as disabled, and if the quota isn’t met, the employer must pay a financial contribution based on the number that should have been employed. The measures taking effect next year place additional compliance responsibilities on employers:
- Designation of a company contact point. Companies employing 250 or more employees must designate a trained person to support employees with disabilities.
- Revised mandatory declaration. Decree 2019-522 (French) requires all employers — regardless of their workforce size — to include in their monthly social declaration the number of employees registered as disabled. The employer also must include this information in the company’s economic and social database shared annually with employee representatives for consultation purposes. Starting in 2021, employers with 20 or more employees will have to make an additional disability declaration to authorities but won’t have include that information in the company database. The decree clarifies that the total workforce must include trainees, individuals undertaking work experience in the company and seconded employees.
- Approval of disability plans. Decree 2019-521 (French) allows companies or industry sectors to opt for a three-year disability plan that includes hiring objectives, a strategy to maintain jobs and a budget. The plan must be approved by the authorities, is subject to annual review by the company’s employee representatives and can be renewed once for another three-year period. Company plans approved before 1 Jan 2020 can continue until they expire.
- Calculation of the financial contribution. Decree 2019-523 (French) provides more details about how to calculate the financial contribution for failing to meet the hiring quota and sets out permitted expense deductions. Additional sanctions will apply to employers that miss their quota for more than three years.
- Labor Code (French) (Legifrance, 1 Oct 2019)
- Duty To Employ Individuals With Disabilities (French) (Ministry of Labor, 11 Jul 2019)
- Decree 2019-522 on Mandatory Declaration (French) (Legifrance, 28 May 2019)
- Decree 2019-521 on Approved Agreements (French) (Legifrance, 28 May 2019)
- Decree 2019-523 on Calculation of Financial Contribution (French) (Legifrance, 28 May 2019)
- Law 2018-771 on Right To Choose One's Professional Future (French) (Ministry of Labor, 5 Sep 2018)