Receive guidance for placement on the conventional job market or in a sheltered workshop as a disabled person
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An unemployed person who registers with ADEM after obtaining disabled worker status receives guidance from the Occupational Counselling and Redeployment Panel (Commission d’orientation et de redeployment professionnelle – COR) for placement on the conventional job market or in a sheltered workshop. ADEM provides the disabled worker with support throughout this process.
Who is concerned?
To receive guidance with a view to placement on the conventional job market or in a sheltered workshop, the person must have obtained disabled employee status.
Disabled workers whose work capacity is diminished and insufficient for work in the conventional job market will be guided towards a sheltered workshop.
It should be noted that recipients of the allowance for the severely disabled are ineligible for this guidance scheme.
Prerequisites
Preliminary steps
To receive guidance for placement on the conventional job market or in a sheltered workshop, the disabled person must have registered with ADEM beforehand.
The worker must also obtain recognition of disabled status.
After having obtained disabled employee status, the jobseeker receives a summons from a specialised ADEM counsellor to fill in a questionnaire and undergo tests to determine their work capacity. The case will then be referred to the Occupational Counselling and Redeployment Panel.
To enter the conventional job market or join a sheltered workshop, the disabled worker must wait for a decision from the Occupational Counselling and Redeployment Panel.
The Occupational Counselling and Redeployment Panel examines.
- the applicant's work capacity;
- the real chances of their being hired; or
- acceptance for a job in the conventional job market or in a sheltered workshop.
The Occupational Counselling and Redeployment Panel may base its decision on:
- a hearing of the disabled worker in person, or of third parties;
- the input of specialists, especially medical specialists; or
- the opinion of one or more sheltered-workshop management bodies as to the applicant’s employability in a sheltered workshop.
It should be noted that this decision may still be reviewed by the Special Reassessment Committee (Commission spéciale de réexamen – CSR):
- at the request of the disabled person or their tutor;
- in the event of a fundamental change in the disabled worker’s condition.
After having decided that the worker is capable of working in the conventional job market, ADEM will then decide, with the justified assent of the Occupational Counselling and Redeployment Panel, on:
- the coverage of:
- the costs of guidance, training, re-adaptation and rehabilitation;
- adaptations to workstations and to access the workplace, purchases of professional equipment and training materials, and reimbursement of the costs of transport to the workplace;
How to proceed
Training or retraining for the conventional job market
Measures to promote integration into the labour market
After deciding that the worker is capable of working in the conventional labour market, the Redeployment Panel will forward to the director of ADEM a proposal to:
- refer the matter to the Disability and Redeployment Department (Service handicap et reclassement professionnel - SHRP), which is in charge of implementing measures for disabled workers and their employers;
- set the measures enabling the integration of the disabled employee in the employment market.
The Disability and Redeployment department is in charge of professional orientation, training, placement, rehabilitation, integration and reintegration of persons recognised as disabled workers.
Professionalisation training and the employment reintegration contract are two of the measures to promote reintegration of disabled workers in the conventional job market.
If they refuse the measures proposed by ADEM, the disabled worker risks losing their future entitlement to a job reserved for disabled employees.
Employment contract
Disabled workers can also reintegrate the conventional job market by signing an employment contract like that signed by non-disabled workers.
Like all jobseekers, disabled jobseekers receive free access to the ADEM JobBoard. On that JobBoard, disabled jobseekers can fill in an anonymous skills profile form. The aim of the profile is to:
- boost the employability of disabled jobseekers;
- focus on what the jobseeker is able to do, rather than emphasising what they are unable to do because of their disability;
- provide businesses with a single, standardised document containing essential information on hiring disabled workers.
At ADEM, disabled jobseekers are assisted by a designated counsellor who specialises in working with people with a disability.
If the employer decides to hire the disabled worker, the latter then enters the conventional job market. The disabled worker is then hired like any other employee, on condition that their ability to occupy the position is confirmed by a physician from the occupational health services.
The disabled employee will sign either a conventional permanent employment contract, or a conventional fixed-term employment contract. Whatever the type of contract, the employer is free to include a trial period.
Unless it represents a disproportionate burden, the employer is obliged to put appropriate measures in place to enable a disabled employee to:
- gain access to employment;
- carry out their work and progress in their position;
- undertake training.
A person recognised as a disabled employee is entitled to no more than 6 additional days of leave, the cost of which will be borne by the Government. The number of days is calculated on a pro rata basis, and depends on:
- the date of hire;
- the date of recognition of the disability;
- the employee’s degree of occupation; or
- the employee’s leaving date.
Financial aid
The disabled worker is eligible for financial aid, as are all jobseekers.
Example: The disabled worker may apply for re-employment support.
There is no specific direct financial aid designed solely for disabled workers. However, disabled workers can receive support through the tools that are put in place to aid their reintegration.
With ADEM's approval, the disabled worker can receive guidance, training, and rehabilitation and vocational retraining, as well as the complete or partial coverage of the costs of guidance, rehabilitation and vocational retraining.
If the disabled worker refuses to take part in the guidance, training or vocational retraining offered by ADEM, they will lose their entitlement to one of the jobs reserved for disabled workers. They are notified of ADEM’s decision by registered letter.
These expenses include, in particular, allowances for:
- effort training;
- introductory courses;
- return to work.
The employee may also receive allowances to cover the following expenses:
- registration/enrolment;
- transport;
- meals;
- teaching materials.
The employee must first pay the fees upfront themselves. They then submit a refund application to ADEM or to the training institution as appropriate. In order to be reimbursed, the worker must present a receipted invoice to ADEM or directly to the training institution.
After seeking the opinion of the Occupational Counselling and Redeployment Panel, ADEM decides whether all or part of the costs will be covered by the Government, especially with regard to the following expenses:
- adapting workstations and access to the workplace;
- purchasing professional equipment and training materials;
- reimbursement of costs of transport to the workplace.
ADEM may appoint a representative to monitor the implementation of these measures.
An employer who takes on a disabled employee may benefit from a coverage plan for part of the costs.
Guidance for placement in a sheltered workshop
Sheltered workshop
A sheltered workshop is a workplace where the operational structures are adapted to the specific needs and individual abilities of disabled workers. The disabled person works there and receives professional development training with the aim of rejoining the conventional job market.
Contract and salary
The disabled worker signs an employment contract with the sheltered workshop in which they work.
The rules governing employment contracts apply. Usually, the disabled worker signs a permanent employment contract. A fixed-term employment contract is used only if the COR deems it appropriate.
Whatever the type of contract, it must include clauses providing for the following commitments:
- that the disabled employee will be able to work in working conditions which are suited to their needs and capabilities;
- that measures will be put in place to encourage the disabled employee’s access to jobs in the conventional job market and, where necessary, to monitor their progress in a conventional workplace;
- that disabled employees placed on the conventional job market by the COR, and who struggle to cope in the conventional working environment, will be re-employed at the sheltered workshop;
- that the disabled worker or their legal representative will remain available for the conventional job market, and will take part in reintegration initiatives offered by the sheltered workshop or by ADEM.
It should be noted that if the disabled worker (of legal age and protected by the law) is under guardianship, the employment contract must be signed by the guardian, who is also responsible for ensuring that the worker fulfils all their contractual obligations.
In the sheltered workshop, the disabled worker receives a salary in the amount of the hourly rate of the social minimum wage multiplied by the number of working hours set in the employment contract between the disabled worker and the sheltered workshop.
The Government pays 100% of the salary of a worker employed in a sheltered workshop, plus social security contributions. The salary is paid to the disabled worker once a month by the sheltered workshop.
The disabled worker may receive a bonus or another type of cash benefit from the sheltered workshop, besides their salary.
It should be noted that if the disabled worker is awaiting placement in a sheltered workshop, they may claim disabled worker benefit, provided they have disabled worker status, and a placement ruling by the COR.
Termination of the employment contract and redeployment
The contract is automatically terminated:
- on the day that the disabled person loses their disabled worker status;
- on the day that the COR—or the relevant authorities—notifies the disabled worker and the employer of the decision to redeploy the worker in the conventional job market.
In case of termination of the employment relationship with the sheltered workshop, the unemployed disabled worker is entitled, under certain conditions, to full unemployment benefits.
Contesting the COR’s decision
The placement decisions handed down by the COR may be appealed before the Special Reassessment Committee (Commission spéciale de réexamen).
The appeal for reassessment must be filed with the Special Reassessment Committee (French, Word, 36 Kb) by registered letter within 40 days of notification of the COR’s decision.
The Special Reassessment Committee will deliver its verdict within 3 months of the filing of the appeal.
If an applicant is unhappy with the decision of the Special Reassessment Committee, they can then appeal to the Social Security Arbitration Tribunal (Conseil arbitral de la sécurité sociale) within 40 days of notification of the decision being appealed.
The appeal may be lodged by way of a simple letter, but it must always be drawn up in as many copies as there are parties to the dispute.
The applicant must take care to include:
- their surname and first name(s);
- their ID card or passport number;
- their occupation;
- their address;
- the purpose of the petition;
- a summary of the arguments which directly support their request;
- their signature.
The interested parties will receive a copy of the decision within 15 days of the ruling.
It is still possible to file an appeal against the decision of the Social Security Arbitration Tribunal with the High Council of Social Security (Conseil supérieur de la sécurité sociale) within 40 days of notification.
Finally, the applicant can appeal to the Court of Cassation if they wish to challenge the decision handed down by the High Council of Social Security.
Online services and forms
Who to contact
Map
Disability and Redeployment Department
-
National Employment Agency Disability and Redeployment Department
- Address:
-
19, rue de Bitbourg
L-1273
Luxembourg
Luxembourg
B.P. 2208 L-1022 Luxembourg
- Email address:
- commissionmedicale@adem.etat.lu
- Website:
- http://www.adem.public.lu
Related procedures and links
Procedures
Links
Further information
Legal references
-
Règlement grand-ducal modifié du 7 octobre 2004
portant exécution de la loi modifiée du 12 septembre 2003 relative aux personnes handicapées
-
Loi modifiée du 12 septembre 2003
relative aux personnes handicapées
- Code du Travail - Livre V, Titre II
- Code du Travail - Livre V, Titre VI
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