Disability: working in ordinary environments

Verified 01 November 2024 - Directorate for Legal and Administrative Information (Prime Minister)

What is the ordinary workplace? The regular workplace is made up of employers in the private sector (companies, associations, etc.) and the public sector of the labor market classic. Where the ordinary environment employs persons with disabilities, it must provide for adjustments to their position and/or working time.

Warning  

The ordinary working environment is different from protected environment which include, for example, establishments and support services through work (State).

You can enter the regular workplace and benefit from accommodations to your position and/or work time if you are in one of the following situations:

You must apply to the MDPHMDPH : Departmental house for people with disabilities from your department.

The request can be made online through an online service, if the MDPHMDPH : Departmental house for people with disabilities of your place of residence offers it:

Application for MDPH benefits (AAH, PCH ...) and renewal

You can also apply by post through a form:

Application or renewal of disability benefits (AAH, PCH, CMI, accommodation ...)

You must contact supporting documents mentioned in connection with your online application or on the form.

Documents must be sent (or scanned if you apply online) to the MDPHMDPH : Departmental house for people with disabilities of your place of residence.

Who shall I contact

It's the CDAPHCDAPH : Commission on the Rights of Persons with Disabilities who then decides to refer you to the most suitable workplace (regular or protected) according to your abilities and needs.

You benefit from the employee status. Therefore, you are subject to the provisions of the Labor Code and the convention or collective agreements applicable to the company that employs you.

You sign an employment contract that may be for a fixed or indefinite period.

This contract may be full-time or part-time.

You have the same rights as other employees (medical examination, salary, training, leave ...).

The employer must take the appropriate measures to enable you to gain access to, hold or progress in a job corresponding to your qualifications or to provide you with training tailored to your needs.

The refusal to take such measures may constitute a discrimination.

Please note

If you consider that you have been discriminated against, you can contact the Defender of Rights.

These measures include:

  • Setting up your workstation
  • Accessibility of the software settled on your workstation that is necessary for your professional activity (including teleworking)
  • The layout of the sanitary and catering areas that you are likely to use so that you can easily access them
  • Arrangements for the safety signals concerning you if your disability requires it
  • Individualized schedules (including family caregivers and relatives to facilitate your support) if you request them.

In the event of a change of employer, the preservation of equipment contributing to the adaptation of your workstation, when it has the same characteristics in the new company, can be provided for by agreement between the 2 companies concerned (including between private company and public employer).

Such measures shall be taken on condition that the costs of their implementation are not disproportionate as a result of the financial aid granted by the company to the State for the adaptation of machinery or tools, the fitting-out of the workstation, including the personal equipment needed to fill the position, and access to the workplace.

Please note

The accompanied use device may be requested by your employer for yourself.

Your employer should contact the occupational physician to consider accommodation options.

The occupational physician must communicate these proposals in writing to you and your employer.

Your employer must consider these proposals and, if they are refused, state their reasons.

In case of disagreement, you or your employer can contact the territorial unit of the DreetsDreets : Regional Directorate for Economic Affairs, Employment, Labor and Solidarity (ex-Direct) on which the company depends.

You receive a minimum remuneration equal to the net monthly minimum, i.e. €1,426.30 , or to the provisions of the collective agreement or agreement.

Yes, in the case of simple, serious or serious misconduct or for economic motive.

You have a notice period of dismissal equal to twice the fixed duration for other employees, up to a maximum of 3 months.

One collective agreement or a collective company agreement may provide for a period of notice exceeding three months.

FYI  

If you consider that you have been wrongfully dismissed, you can contact the Defender of Rights.