As a member of the LES ENTREPRISES S’ENGAGENT community, our firm took part in a morning session on the theme of “LES ENTREPRISES S’ENGAGENT POUR UNE SOCIETE INCLUSIVE ET UN MONDE DURABLE” (COMPANIES COMMITTED TO AN INCLUSIVE SOCIETY AND A SUSTAINABLE WORLD), gaining valuable insights into the hiring process for people with disabilities thanks to our enriching exchanges with the ESAT d’Audenge.
Here’s a concise guide to the subject.
From the MDPH to professional integration :
Each disabled individual is generally registered with the MPDH (Maison départementale des personnes handicapées), which issues them with an RQTH (Reconnaissance de la qualité de Travailleur Handicapé), and the CDAPH (Commission des droits et de l’autonomie des personnes handicapées) then issues them with a notification of ESAT (Etablissement et Service d’Accompagnement par le Travail) orientation.
ESATs play a key role in helping these people enter the world of work. These structures offer a variety of activities, from landscaping and carpentry to cleaning and many other trades, while enabling the people they help to benefit from support, medico-social and psychological accompaniment and work adjustments.
The skills they acquire enable them to integrate into the mainstream workplace
ESAT Audenge: a concrete example:
The ESAT d’Audenge offers its residents personalized support on social issues and access to healthcare, enabling them to acquire autonomy in their daily lives, particularly in terms of transport, housing, access to rights and citizenship, and adapted sports.
The ESAT d’Audenge, for example, has several areas of activity enabling it to offer disabled people a range of different trades and services to its customers, such as landscaping, laundry, carpentry, cleaning of premises, firewood, industrial subcontracting, support towards and/or within employment…
The Integration Pathway :
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ESAT workshop :
Once integrated into the ESAT, the person discovers a trade that suits him or her. This can be done either within the ESAT or with an external company.
Support at work enables the person to evolve in a professional environment that meets his or her needs, through adaptations and compensations at the workstation. The skills acquired may be cross-disciplinary, making them transferable to other positions. Individuals can gain access to the ordinary working environment through a variety of mechanisms, such as :
– Outsourced team: a team and a mentor go out to the company to carry out production-related tasks.
– Discovery internship: This internship enables the student to discover a profession or a company over a period of up to 2 months.
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Availability:
After an internship, the person can be placed with a company. The employee remains on the ESAT’s payroll, and the hours worked are billed back to the company. Invoicing is based on an hourly rate indexed to the current minimum wage. This contractual period, which can last up to 2 years (= renewable once with the authorization of the MDPH), is an opportunity for the person and the company to build a relationship of trust.
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Integration into the mainstream through a common law contract:
A fixed-term or open-ended contract may follow the period of secondment. It will be accompanied by a support agreement.
Importance of the Support Agreement :
- It reassures both parties: the employer knows he has the support of the ESAT, and the employee feels supported in his integration process.
This is a standby agreement (= 1 year, renewable 2 times).
- During this period, the employee can exercise his or her right to return to the ESAT if he or she does not feel ready to continue. Similarly, the company can request a breach of contract.
A legal obligation not to be forgotten :
Let’s not forget: all employers with 20 or more employees are required by law to hire 6% of their total workforce for the disabled. In addition to meeting this obligation, this is a great opportunity to diversify your teams and contribute to a more inclusive society.
