Disability: institutional work and support services through work (State)

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

What is a State: titleContent ? The State provides a structure that enables persons with disabilities to pursue a professional activity while benefiting from medico-social and educational support in a protected environment. This structure accommodates people who have not acquired enough autonomy to work in ordinary environment or adapted company to their needs. We are taking stock of the regulations.

In order to be accepted in the State, age and disability requirements must be met.

Age

In principle, you must be at least 20 years old. However, the CDAPH: titleContent can decide on an orientation in the State from the age of 16 years.

Disability

You must complete one of the following 2 conditions :

  • Have a work capacity not exceeding one-third of that of a valid person and have a potential ability to work sufficient to justify admission to the State
  • Have a work capacity equal to or greater than the capacity of a valid person and need one or more medical, educational, social or psychological supports.

The request can be made online through an online service, if the MDPH: titleContent 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 MDPH: titleContent of your place of residence.

Who shall I contact

The Commission for the Rights and Autonomy of Persons with Disabilities (CDAPH) makes a policy decision in the State, if the conditions are met.

This decision may be accompanied by a trial period of 6 months in this state. This period may be renewed on a proposal from the Director of the State for not more than six months.

The decision of the CDAPH may be the subject of a contentious appeal at your request or that of the State. The conditions for appeal are mentioned in the decision of the CDAPH.

Please note

At your request or that of the Director of the State, the CDAPH may, on the basis of the information it has gathered, decide to terminate the trial period early.

The CDAPH gives a new direction when retention in the State ceases and admission to another State is not desirable.

You sign a contract of employment assistance which defines your rights and obligations and those of the State. This contract specifies in particular your professional activities and the provision of medical-social or educational support to promote your autonomy and your personal and social development.

Your contract is signed for a period of 1 year renewable.

FYI  

You also have a journey log and skills. During each annual interview, this booklet allows you to evaluate your skills, training and experiences. It also allows you to express wishes for the coming year.

Work-related measures

You can:

  • Join a trade union
  • Exercise your right of personal and collective expression on your work and its conditions of exercise and propose improvements
  • Make strike
  • Implement your right to alert and withdraw in case of serious and imminent danger.

Since 1er july 2024, you can also benefit from:

FYI  

A body, composed of equal numbers of representatives of persons with disabilities and representatives of State employees, issues opinions and formulates proposals on quality of life at work, hygiene and safety and on the assessment and prevention of occupational risks. Representatives of the body shall attend, in an advisory capacity, the meetings of the social and economic committee of the establishment or service.

Leave and health measures

You receive annual leave at the end of 1 month of presence in the State at the rate of 2.5 working days per month.

Such leave shall give rise to the payment of the guaranteed remuneration.

It has a maximum duration of 30 working days, but the State Director can give you an additional 3 days.

In addition, you can take the following holidays:

In case of pregnancy, you have an absence authorization to go to the mandatory medical examinations.

FYI  

Since 1er july 2024, your employer in USA is obliged to offer you a health complementary.

You can work full time or part time.

You get a guaranteed remuneration between €6.62 the time and €13.15 of the hour within the legal limit of 35 hours of work per week.

The amount of the guaranteed remuneration shall be proportional to the duration of the part-time activity.

Guaranteed remuneration can be combined with part of your Disabled Adult Allowance (DAA).

Please note

In case of illness, your remuneration is held in full during the periods covered by the Health Insurance.

Yes, you may decide to leave your State to join a company in the ordinary workplace.

In this case, you must benefit from support provided by your State and, possibly, by a social life support service, organized by an agreement concluded with the company of the ordinary working environment. This support does not require a new decision by the CDAPH.

If your contract of employment is terminated or if you are not recruited at the end of your contract in the ordinary company, you are reinstated in your State or in another State.

Yes, you may be admitted to the State on a part-time basis and also work part-time within 35 hours in an ordinary company or in a suitable company or in self-employed occupation.

Yes, you may be admitted to the State and be made available to a company to carry on an activity outside the State to which you remain attached, provided that the activity is non-profit-making.

NoNo, you can't be fired. However, the Director of the State may decide to suspend your contract if your behavior puts your health or safety or the safety of others at serious risk.

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