In the context of labour relations, Adapei 41 applies the provisions of the Labour Code, the National Collective Agreement of Institutions and Services for Incapacitated and Disabled Persons of 15 March 1966 and the company agreements in force within the Association. – A right to participation and expression exercised within the framework of the Council of Social Life (CVS). In particular, the CVS enables disabled workers to participate in the preparation and modification of the business plan and company rules and formulates opinions and proposals on all issues relevant to the functioning of the institution (internal organization, daily life, activities, socio-cultural animation). What regulatory framework? What solutions for professionals? What are the arguments with companies? The projects and activities of Adapei 41 are part of the new governance established by the HPST law of 21. Created in July 2009 to create the Regional Health Agencies (ARS) and the National Agency for Support to the Performance of Health and Medico-Social Institutions (ANAP), including the reform of the authorization procedure for social and medico-social institutions and services (call for projects procedure) and new rules for the inspection and control of structures and the redefinition of the Principles of Social and Medico-Social Planning. The contract of support and assistance through work defines the mutual rights and obligations of the ESATs of Adapei 41 and the person admitted to supervise the exercise of activities of a professional nature and the execution of medico-social and educational support related to these activities. You sign a contract of support and assistance through work that terminates your rights© and obligations and those of the state. In particular, this contract©provides for your professional activity©and the establishment of medical©or©educational support. – Access to vocational training and validation of previous experience (UAE) with leave. Disabled workers benefit from the normal VaE system, possibly with adjustments to the tests associated with the recognition of the status of a disabled worker.
Since 1 January 2015, in accordance with Law No. 2014-288 of 5 March 2014 on vocational training, any person placed in an ESAT has a personal training account instead of the current individual right to training. According to the law of 5. March 2007, Adapei 41 strives to ensure the best possible compatibility between the support of autonomy and the legal protections to which admitted persons may be subject (guardianship, board of directors, etc.). The word of the admitted person and his consent are systematically sought for decisions that affect him, in close connection with the legal representatives, in the spirit of respect for citizenship, the promotion of autonomy, but also in the interest of protection. Adapei 41 implements a general dynamic of continuous improvement of the quality of the services provided to welcoming customers, in particular by carrying out the internal and external evaluation of all its facilities and services. The results of these evaluations are shared with the supervisory authorities and make it possible to take an objective and critical look at the functioning and organisation of the structure, to guarantee the effectiveness of the rights of persons with disabilities, to anticipate needs, to prepare for change and to prevent as far as possible the risks of internal dysfunction. * 8 ECJ, judgment of 26 March 2015, Case C-316/13, Gérard Fenoll v Centre d`aide par le travail La Jouvene, Association de parents et d`amis de personnes handicapées mentales (APEI). – A maximum working time of 35 hours. This duration includes time devoted to activities to support professional activity.
However, the total duration of presence in the ESAT may exceed this duration. In the event of illness, your©©pension will be maintained in full©during the periods©compensated©by the health insurance fund. The facilities and services of Adapei 41 take into account the procedures, references and recommendations of good practices developed and disseminated by the High Authority of Health, including those relating in particular to good treatment, the prevention of ill-treatment and the participation of the people welcomed in its personalized project. In addition, Adapei 41 builds on the work of the High Health Authority in implementing its internal and external evaluation approach to promote and promote the improvement of the quality of its services to people with disabilities. You will©©receive an annual stipend© after 1 month of presence©in the state in the amount of 2.5 working days: TitleContent per month. The contract is drawn up in cooperation with the person received, accompanied, where appropriate, by his legal representative, taking into account the expression of his needs and expectations, as well as the conditions of organization and operation specific to the ESAT of Adapei 41. In a logic of adequacy of the responses to the needs of people with disabilities, Adapei 41 anchors its activities and projects in the various plans, programs and medico-social programs of the territory or the area of disability, including, in particular: However, a contribution to these costs of maintenance and accommodation is requested by the Association on behalf of the Departmental Council according to the funds of the disabled person. However, this contribution, which is requested of it, may not reduce its resources below a minimum of guaranteed resources.
The latter is different depending on whether the person works or not, according to his family situation and whether it is a complete or partial dwelling. They receive a so-called guaranteed wage©between 6.17% per hour and 12.25% per hour, up to a maximum©of 35 hours of©©work per week. This symposium, dedicated to making ESAT and EA employees available in the traditional workplace, will take place in Paris on 27 November. To involve welcoming people in the functioning and organization of their institution, Adapei has set up 41 Social Life Councils (CVS). The task of this CVS is to issue an opinion and formulate proposals on all questions relating to the functioning of the institution. In particular, they may address questions relating to the organisation of the establishment, the exercise of activities, the taking into account of the maintenance, allocation and maintenance of premises and, more generally, all aspects relating to the conditions of accompaniment. It must meet at least 3 times a year. In the guidelines of the associative project, each institution of Adapei 41 has its own project. This start-up project is a tool to involve the people and professionals welcomed in the life of the institution. It analyzes the existing and defines the objectives of progress for a period of 5 years. Beyond the other instruments of Law 2002-2, the founding project seeks to give a concrete meaning to the rights of the people welcomed according to the specificities of their needs and the missions of the institution. The design of the facility is reviewed every five years.
An Ãsat is a structure that offers disabled people a professional activity© and medico-social©and©educational support. The association therefore works in close collaboration with the Departmental House of People with Disabilities (MDPH) and accompanies people with disabilities on the basis of the decisions of the Commission on the Rights and Autonomy of People with Disabilities (CDAPH), which responds to their requests for guidance and allocation of the assistance and benefits to which they are entitled. Due to the medico-social and non-commercial nature of the facilities, disabled people working at ESAT have a special status. They do not have the status of employees subject to the Labour Code. Therefore, they do not benefit from an employment contract, unlike people working in an adapted company, but sign with ESAT a contract of accompaniment and accompaniment through work7(*), which is concluded for a period of one year and renewed each year by tacit extension, which defines the rights and obligations of the signatory parties and the implementation of the person`s life project as well as the medico-social project and pedagogical support is set up. The Ãsat may sometimes©have accommodations to accommodate people with disabilities outside their working hours©. All establishments and services managed by Adapei 41 are subject to an authorization order issued by the Director General of the Regional Health Agency (ARS) and/or the President of the Departmental Council as supervisory and pricing authority in accordance with Articles L.312-1 and L.313-1 of the Code of Social Action and Families (CASF). Your contract will be signed© for a renewable period©of 1 year. The legal regime of ESAT workers is defined by the Code of Social Action and the Family, which refers to the provisions of the Labour Code for some of their rights.
