Private sector: What is the Disabled Workers Employment Obligation (HWO)?
Verified 02 February 2024 - Directorate for Legal and Administrative Information (Prime Minister)
The Employment Obligation for Disabled Workers (OETH) aims to promote the integration of disabled workers, mutilated persons of war and the like in the ordinary working environment. Any employer with 20 or more employees must employ disabled, disabled and assimilated workers on a full-time or part-time basis, in a proportion of 6% of the total number of staff. We're showing you the regulations.
Please note
Newly established companies, or those with a workforce of 20 employees, have a five-year period before being subject to that obligation.
Persons affected by the obligation to employ called beneficiaries of the obligation to employ disabled workers BOETH) are those found in one of the following situations :
- Recognized disabled worker (RQTH) by the CDAPH: titleContent
- Accident at work Victim of 10% and annuity recipient
- Beneficiary of a invalidity pension provided that the disability reduces the capacity for work or earnings by at least 2/3
- Beneficiary of a reserved employment
- Volunteer fire brigade in receipt of an invalidity allowance or annuity awarded on account of an accident or sickness contracted in service
- Recipient of the mobility inclusion card (MIC) disability rating
- Recipient of Disabled Adult Allowance (DAA)
These persons shall receive a certificate issued at the same time as the notification the decision placing them in one of those situations. That certificate shall explicitly state that the person concerned is a beneficiary of the OETH.
Please note
Companies may fulfill their obligation to work if they have an approved branch, group or company agreement providing for the implementation of a multiannual program for disabled workers for a maximum period of three years, renewable once.
The obligation to employ disabled workers, war mutilated workers and the like concerns all forms of employment (CDI, CDD, agency, internship or period of placement in an occupational situation), full-time or part-time.
The worker is counted in proportion to his working time.
The threshold of 20 employees is assessed in full-time equivalent (FTE) on average over the year for each company.
In multi-establishment companies, the obligation to employ is at the company level.
Please note
All companies, whatever their size, even those with less than 20 employees, must declare the number of jobs occupied by disabled workers.
The companies of 20 or more employees must pay a annual financial contribution if their employment rate as a disabled worker is lower than 6%.
This contribution is paid for each of the beneficiaries of the obligation that should have been used.
Payment of the contribution shall be made first to theUrssaf: titleContent or the CGSS: titleContent or the MSA: titleContent.
The contribution shall then be paid to the Agefiph: titleContent.
A calculation module is used to calculate the annual contribution:
Categories of beneficiaries
Rules on the obligation to employ
Simulator
Ministry of Labor
Association for the Management of the Fund for the Integration of Disabled Persons into Employment (Agefiph)