Inclusion assistance

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The aim of inclusion assistance is to facilitate sustainable professional inclusion and to keep people in employment who have disabled employee status or who are in external reclassification.

To benefit from the help of an approved inclusion assistant, the employer and employee concerned need to make a joint application to the ADEM.

The inclusion assistant's role is to accompany and provide appropriate support to the employee.

Who is concerned?

Any employer in the private sector who has hired an employee:

Any employee who has disabled employee status or who is in external professional reclassification, and who:

Prerequisites

The employer and the employee concerned must:

  • agree to submit an application for inclusion assistance; and
  • choose together an approved assistant or an approved assistance service.

A list of the approved inclusion assistants is published on the websites of the National Employment Agency (ADEM) and the Ministry of Family Affairs. The approved assistants and assistance services are listed according to their field of expertise.

How to proceed

Filing an application for inclusion assistance

Within the context of the application for inclusion assistance, the approved assistant, chosen by the employer and the employee, must:

  • assess the work situation and describe the specific problems and needs of the employee with a disability or in external reclassification in their place of work;
  • identify the needs of the employer and staff within the company, specifically with regard to preparation, information and awareness-raising concerning the situation of the employee with the disability or in external reclassification (type of disability, health status, special needs) with a view to achieving sustainable inclusion.

The employer, the employee and the inclusion assistant must fill out and sign the form together (see Online services and forms) which must be sent by email to the ADEM inclusion coordinator at: info.inclusion@adem.etat.lu, along with the required supporting documents.

Supporting documents

The form to request inclusion assistance (see Online services and forms) must be accompanied by:

  • a description of the position including the scheduled working time;
  • a copy of the employment contract for the relevant employee (except in the event of a job integration measure)
  • the guardianship judgement, if the employee has a guardian.

Conclusion of the cooperation contract

In the event of a positive response from the ADEM, a cooperation contract is signed. From that point on, the approved assistant's duties are:

  • to establish an individualised inclusion plan, which contains a detailed programme of work, with a schedule for the actions to be completed (number of hours, duration and frequency of the assistance);
  • to draw up quarterly statements and annual reports that:
    • detail how the disabled or externally reclassified employee's situation at work is evolving; and
    • summarise the actions taken;
  • to draw up a final report that includes the conclusions and the recommended actions to be taken after the assistance has ended. This report must be submitted to the ADEM no later than 2 months after the end of the assistance by:
    • post to the following address: ADEM – À l'attention de la responsable du service salariés – BP 2208 - L-1022 LUXEMBOURG ; or
    • email to the following address: info.inclusion@adem.etat.lu.

Duration and frequency of the assistance

The number of hours worked by the assistant is set according to the duration of the employment contract/the ADEM employment measure:

If the duration of the employment contract or the employment measure lasts:

  • between 12 and 18 months, the number of hours that the assistant must provide is a maximum of 150 hours;
  • between 18 and 24 months, the number of hours that the assistant must provide is a maximum of 225 hours;
  • 24 months and more, the number of hours that the assistant must provide is a maximum of 300 hours.

Remuneration of the assistant

The inclusion assistant is paid for:

  • drawing up the individualised inclusion plan (projet individualisé d'inclusion - PII); and
  • the hours worked in accordance with this PII.

The funding for the assistance ends on the date on which the collaboration agreement is terminated.

End of the contract

Any of the parties may terminate the collaboration agreement for several reasons which must be justified. Here are some examples that could justify termination of the project:

  • a mutual agreement between all 3 parties;
  • the assistant or the employee has a prolonged illness (exceeding 6 months);
  • the assistant's approved status is withdrawn;
  • the assistant's approved status ends (is not renewed within the 3 months following formal notice to achieve compliance).

Each of the parties may terminate the collaboration agreement if the provisions of the latter are not complied with.

Termination:

  • can only be done after the expiry of a one-month period following formal notice sent to the other party to comply with the collaboration agreement;
  • may be done without formal notice for any event that renders it immediately and definitively impossible to maintain an assistance relationship.

Please note: In the event that the results are insufficient, the ADEM inclusion coordinator may decide to stop funding the provision of assistance.

Online services and forms

Who to contact

National Employment Agency

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Ministry of Family Affairs, Solidarity, Living Together and Reception of Refugees

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Related procedures and links

Procedures

Status of disabled workers External redeployment to the job market in the wake of incapacity to perform a previous job Redeployment of employees Application for registration with the Disability and Redeployment Department

Links

Further information

Legal references

  • Code du travail
  • Loi du 1er août 2019

    complétant le code du travail en portant création d’une activité d’assistance à l’inclusion dans l’emploi pour les salariés handicapés et les salariés en reclassement externe

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