French Labour Code
In forceI.-Disabled workers recognised under article L. 5213-2 may benefit from a supported employment scheme including medical and social assistance and support for professional integration, with a view to enabling them to access and remain in paid employment on the labour market. It includes support and guidance for both the employee and the employer.
The scheme, which is implemented by a legal entity that complies with the conditions set out in a set of specifications to be laid down by decree, may be used throughout the career by the disabled worker and, where the worker is in employment, by the employer.
The supported employment scheme complements existing services, aids and benefits.
II - The supported employment scheme is implemented by decision of the commission mentioned inarticle L. 146-9 of the Code de l'action sociale et des familles (Social Action and Family Code ) in addition to a referral decision, or by prescription of the bodies designated in articles L. 5214-3-1, L. 5312-1 and L. 5314-1 of this Code. With the agreement of the person concerned or their legal representatives, this commission or these organisations designate a supported employment scheme.
An individual support agreement concluded between the legal entity managing the supported employment scheme, the supported person or their legal representative and their employer, specifies in particular the support and assistance arrangements for the disabled worker and the employer, particularly in the workplace.
III - To implement the scheme, the legal entity managing the supported employment scheme will sign a management agreement:
1° On the one hand, with one of the organisations designated in Articles L. 5214-3-1, L. 5312-1 and L. 5314-1 ;
2° And, if it is not an establishment or service mentioned in 5° or 7° of I of article L. 312-1 of the Code de l'Action Sociale et des Familles, with at least one legal entity managing one of these establishments or services.
This agreement specifies the commitments of each of the parties.
IV.The decree referred to in I of this article specifies, in particular, the procedures for implementing the supported employment scheme, the contractual arrangements between the employee, the employer and the legal entity managing the scheme, the funding that can be mobilised in this context, as well as the conditions under which the legal entity managing the supported employment scheme or, where applicable, the legal entity managing an establishment or service concludes a funding agreement or an amendment to the contract referred to inarticle L. 313-11 of the Social Action and Families Code with the director of the Regional Health Agency. The model for these agreements is set by order of the ministers responsible for social affairs and employment.
