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Chapter II: Obligation to employ disabled workers, war veterans and the like

Article L5212-1 of the French Labour Code

All employers are required to promote the employment of disabled workers. To this end, employers must declare the total number of beneficiaries of the employment obligation mentioned in article L. 5212-13 that they employ, in accordance with the procedures laid down by decree. Articles L. 5212-2 to L. 5212-17 apply to all employers with at least twenty employees, including public industrial and commercial establishments. For the application of the provisions…

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Article L5212-2 of the French Labour Code

All employers shall employ beneficiaries of the employment obligation mentioned in Article L. 5212-13 in a minimum proportion of 6% of their total workforce. This rate is reviewed every five years, with reference to the proportion of people covered by the employment obligation in the active population and their situation with regard to the labour market, following the opinion of the council mentioned in article L. 146-1 du code de…

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Article L5212-5 of the French Labour Code

The employer shall declare its situation with regard to the employment obligation to which it is subject pursuant to article L. 5212-2 of this Code by means of the declaration provided for in article L. 133-5-3 of the Social Security Code. If no declaration is made, the employer is deemed not to have fulfilled the employment obligation. The information contained in this declaration is confidential. It may not be communicated…

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Article L5212-5-1 of the French Labour Code

The association referred to in Article L. 5214-1 will give an explicit decision on any request from an employer for information on the application to his situation of the legislation relating to: 1° The number of employees subject to the employment obligation calculated in accordance with Article L. 1111-2 ; 2° The implementation of the employment obligation as set out in Articles L. 5212-2 to L. 5212-5 ; 3° The…

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Article L5212-7 of the French Labour Code

Employers may fulfil their employment obligation: 1° By taking on trainees mentioned in article L. 5212-13, for any length of time, as well as young people over the age of sixteen who are entitled to the disability compensation allowance, the compensatory allowance for a third party or the education allowance for a disabled child and who have a traineeship agreement; 2° By taking on the beneficiaries mentioned in the same…

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Article L5212-7-2 of the French Labour Code

When calculating the number of beneficiaries of the employment obligation referred to in Article L. 5212-13, the effort made by the company in favour of beneficiaries who are experiencing particular difficulties in remaining in employment may be taken into account, in accordance with the procedures laid down by decree.

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Article L5212-8 of the French Labour Code

Employers may fulfil their employment obligation by applying an approved branch, group or company agreement providing for the implementation of a multi-year programme in favour of disabled workers for a maximum period of three years, renewable once. The compulsory details of this agreement and the conditions under which it is approved by the administrative authority are set by decree in the Conseil d’Etat.

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