Employment policy
[La politique de l’emploi s’appuie sur des dispositifs créés au fil des besoins, qui restent parfois méconnus longtemps après leur création. Quelle est leur efficacité contre le chômage ? Elle n’est pas toujours évaluée. Le Monde publie une série d’articles sur les aides à l’emploi, pour tenter d’estimer ce qu’on en sait – leur objectif initial, leurs résultats.]
What to do when an aging handler is no longer able to carry heavy loads? When an employee who has suffered an accident at work no longer seems able to return to his former position? Although the employer is required to do everything possible to retain its employees, the dismissals of employees who have become unfit to perform their work are still too frequent, alerted the General Inspectorate of Social Affairs (IGAS) in a report published in 2018.
The objective of the device
However, there are many aids to promote the retention in employment of employees suffering from health problems, highlighted on the occasion of the European Week for the employment of people with disabilities, in November.
To assess the ability of the employee on sick leave to return to their position or to occupy a new one, two new features came with the law of August 2, 2021 on the reform of occupational health. First, the establishment of a back-to-work supervised trial 14 days maximum. Renewable once, this test period can take place in the employee’s company (CDD, CDI, temporary worker, etc.) or in another company, as a vocational training intern.
Operation
The request is made to the Health Insurance, on the initiative of the employee. As this period takes place during his sick leave, the employee continues to be covered by Social Security. The trial is subject to the agreement of the attending physician, the medical adviser and the occupational physician, with whom a visit is made beforehand. During the internship, the employee is followed by a tutor. At the end, a report is communicated by the employer to the occupational doctor, to the health insurance and, depending on the case, to Cap emploi or to the integration association Comète France.
Another flagship measure of the reform, the agreement (or contract) for professional re-education in a company (CRPE). This is a fixed-term employment contract (CDD), renewable once, for a maximum of 18 months. Concluded at the end of the sick leave, this system is a long-term “test period” to see if the employee manages to find his bearings in his position or to train him in a new profession. It concerns declared employees “at risk of incapacity” or unfit by the occupational physician.
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