Key Benefits:
The Prime Minister,
On the report of the Minister of Employment, Social Cohesion and Housing,
Given the Labour Code, including article L. 323-8-2;
Given the law N ° 2005-102 of 11 February 2005 on equal rights and opportunities, participation and citizenship of persons with disabilities, in particular Article 96;
In view of the opinion of the Board of Governors for the occupational and social reclassification of persons with disabilities Disabled workers as of November 4, 2005;
In view of the National Advisory Council for Persons with Disabilities dated November 23, 2005,
Describes:
Subsection 2 of Section 1 of Chapter III of Title II of Book III of the Labour Code (Part III: Orders) is replaced by the following provisions:
" Subsection 2
"Calculating the
Annual Contribution to the Development Fund for the Professional Integration of Handicapped
" Art. D. 323-2. -I.-The annual contribution provided for in Article L. 323-8-2 is equal to:
" 1 ° To the number of missing beneficiaries, calculated in accordance with the provisions of Article D. 323-2-1, deduction, if any, of the coefficients of minoration at Article D. 323-2-2 in respect of the employer's efforts to maintain employment or direct recruitment of beneficiaries referred to in Article L. 323-3;
" 2 ° Multiplied, if any, by the coefficient of minoration defined to Article D. 323-2-3 for jobs requiring special fitness conditions occupied by employees of the institution;
" 3 ° Multiplied by the amounts set out in Article D. 323-2-4 to take account of the Enterprise.
" II. -However, the annual contribution calculated in accordance with the provisions of the I of this Article may not be less than the product of the number of missing beneficiaries, calculated according to the rules defined in 1 ° of the above, by 50 times the salary Minimum growth schedule.
" III. -By way of exception to the provisions of I and II above, for establishments where the percentage of employees employed in jobs which fall under the categories of employment requiring special conditions of fitness exceeds 80 %, the Annual contribution provided for in Article L. 323-8-2 shall be equal to the number of missing beneficiaries calculated according to the rules defined in 1 ° of the I of this Article, multiplied by 40 times the minimum hourly wage for growth.
" Art. D. 323-2-1. -The number of missing beneficiaries is equal to the difference between the number of beneficiaries referred to in Article L. 323-3 which the employer is required to employ under Article L. 323-1 and the number of beneficiaries to which is added The equivalent of the hiring of beneficiaries due to the award of contracts referred to in the first paragraph of Article L. 323-8 or due to the reception of disabled trainees under the second paragraph of the same article. An occupied beneficiary cannot be counted several times on the ground that it enters into several categories of beneficiaries referred to in Article L. 323-3.
" Art. D. 323-2-2. -The coefficients of reduction referred to in Article D. 323-2 for the employer's efforts in the field of employment maintenance or direct recruitment of beneficiaries referred to in Article L. 323-3 shall be equal to:
" 1 ° 0.5, in title Permanent, for the hiring of a beneficiary referred to in Article L. 323-3 and under the age of 26 or 50 years of age or more;
" 2 ° 1 for the hiring or retention in the employment of a beneficiary referred to in Article L. 323-3 for which The departmental director of labour, employment and vocational training recognised the heaviness of disability in application of Article R. 323-123, for the duration of the validity of the decision;
3 ° 0.5 in the first year for hiring First disabled worker belonging to one of the categories of beneficiaries referred to in Article L. 323-3;
" 4 ° 1 in the first year for the hiring of a beneficiary mentioned in Article L. 323-3 in long-term unemployment;
" 5 ° 1 title Permanent employment of a beneficiary referred to in Article L. 323-3 upon exit from a suitable enterprise, a home work distribution centre or an establishment or work aid service.
" Art. D. 323-2-3. -The coefficient of deterioration referred to in Article D. 323-2 in respect of jobs requiring special conditions of fitness is equal to 1 minus 1.3 times the percentage of employees employed in jobs falling within categories Employment requiring special conditions of fitness. This percentage is calculated in relation to the total number of employees in the institution. The number of employees in employment under the categories of employment requiring special conditions of fitness and the total number of employees of the establishment shall be calculated in accordance with the provisions of the first subparagraph of Article L. 323-4.
" The categories of employment requiring special fitness conditions are listed below:
You can view the table in OJ
No. 35, 10/02/2006 text number 7
" Art. D. 323-2-4. -The amounts referred to in Article D. 323-2 for the purpose of taking account of the strength of the undertaking, within the meaning of the first paragraph of Article L. 323-4, shall be fixed at:
1 ° 400 times the minimum hourly wage for business growth With 20 to 199 employees;
" 2 ° 500 times the minimum wage for enterprises with 200 to 749 employees;
" 3 ° 600 times the minimum hourly wage for enterprises with 750 employees and Plus.
" For those establishments which have not occupied any of the beneficiaries referred to in Article L. 323-3, no contracts referred to in Article L. 323-8 have been entered into or apply any agreement referred to in Article L. 323-8-1 for a period greater than Three years, this amount is set at 1,500 times the minimum wage for growth regardless of the number of employees in the company.
" Art. D. 323-2-5. -Within the limit of 10 % of the amount of the annual contribution calculated in accordance with the provisions of Articles D. 323-2 to D. 323-2-4, employers may deduct from the amount of this contribution the expenditure, which does not apply to them. Legislative or regulatory provision, which they have supported in favour of the reception, insertion or maintenance in employment of disabled workers within the undertaking or access to the professional life of persons with
. Expenses that result in a decision to recognize the weight of the disability referred to in R. 323-120 to R. 323-126.
are excluded from the deductible expenses. A joint order of the Minister responsible for Employment and the Minister responsible for Persons with disabilities fixed the list of deductible expenses under this section.
" Art. D. 323-2-6. -Employers who fulfil the employment obligation established by Article L. 323-1 by providing the development fund for the vocational integration of persons with disabilities the annual contribution provided for in Article L. 323-8-2 shall pay the sum Corresponding to the fund manager association no later than the date of mailing of the annual declaration provided for in R. 323-9, for the calendar year of reference for which the contribution is due.
" This payment is made By bank or bank check or by bank transfer and gives rise to a receipt from the association. "
Subsection 3 of Section 1 of Chapter III of Title II of Book III of the same code (part three: Orders) is repealed.
The provisions of this Decree shall apply from 1 January 2006.
The Minister of Employment, Social Cohesion and Housing, the Minister of Health and Solidarity, the Minister for Employment, Labour and Integration And the Minister responsible for social security, the elderly, disabled persons and the family shall each have responsibility for the implementation of this Decree, which shall be published in the Official Journal of The French Republic.
Done at Paris, February 9, 2006.
Dominique de Villepin
By the Prime Minister:
The Minister of Employment,
de la Cohesion sociale et du logement,
Jean-Louis Borloo
Le Ministre de la santé et des solidarities,
Xavier Bertrand
The minister delegated to the job, to the work
and to the professional integration of the Youth,
Gérard Larcher
The minister responsible for social security,
for the elderly,
for people with disabilities
and the family,
Philippe Bas
