Quotas and special jobs for the disabled. How to comply with the law on job quotas for people with disabilities Information about job quotas

One of the state guarantees for the employment of some of the most socially unprotected categories of citizens is the quota of jobs. In essence, job quotas are the obligation of employers to create or allocate jobs for the employment of these categories of citizens in a certain amount, depending on the number of employees of the organization. In most cases, the law will determine the obligation to set job quotas for disabled people, however, in a number of regions of the Russian Federation, a quota is also established for the employment of other categories of citizens (for example, young people, former prisoners who served sentences for crimes committed, etc.). Let us analyze what the main obligations of the employer are provided for by law in terms of job quotas.

The procedure for establishing a quota is primarily determined by the federal law of November 24, 1995 N 181-FZ "On the social protection of persons with disabilities in the Russian Federation" (hereinafter Federal Law No. 181). According to Article 21 of the Federal Law No. 181, in order to determine the size of the quota for employment of disabled people, it is necessary to calculate the number and average number of employees. Thus, for employers with more than 100 employees, the legislation of the subject of the Russian Federation establishes a quota for hiring disabled people in the amount of 2 to 4 percent of the average number of employees. For employers whose number of employees is not less than 35 people and not more than 100 people, the legislation of the subject of the Russian Federation may establish a quota for hiring disabled people in the amount of not more than 3 percent of the average number of employees.

Accordingly, it is necessary to determine the number of employees of the organization. If it is less than 35 people, there is no obligation to assign job quotas. If the number of employees is 35 or more people, it is necessary to refer to the legislation of the constituent entity of the Russian Federation where the employer organization is located in order to calculate the size of the quota depending on the average number of employees. If the number of employees is more than 100 people, in any case, the legislation of the subject should provide for the obligation to set quotas with a quota of 2 to 4 percent of the average number of employees. With a staff of 35 to 100 people, such an obligation is not imperatively established. That is, if the number of employees is up to 100 people, the obligation to set quotas may not be established by the legislation of the subject. This usually happens in large subjects, such as, for example, Moscow or St. Petersburg. In these cities, the quota obligation arises when the number of employees is more than 100 people. Accordingly, the specific size of the quota, as well as other categories of citizens for whom it is necessary to allocate or create jobs within the established quota, is also established by the legislation of the constituent entity of the Russian Federation.

Next, you need to decide on the average number of employees, because it is from this indicator that the quota will be calculated. To calculate this indicator, it is recommended to be guided by the order of Rosstat dated October 26, 2015 N498. Please note that when calculating the quota for hiring disabled people, the average number of employees does not include employees whose working conditions are classified as harmful and (or) dangerous working conditions based on the results of attestation of workplaces for working conditions or the results of a special assessment of working conditions.

The next obligation of the employer related to quotas is the approval and development of a local regulatory act regulating the issues of quotas (Article 24 of the Federal Law No. 181). Thus, if the employer "falls" under the obligation of quoting according to the criteria described above, he must develop and approve a separate local regulatory act. That is, this local act is mandatory, along with, for example, the internal labor regulations.

Another obligation of the employer, which many, unfortunately, forget, is to notify the employment service authorities of the fulfillment of the obligation to set quotas. According to part 3 of Art. 25 of the Law of the Russian Federation of 19.04.1991 N1032-1 "On Employment in the Russian Federation", employers are required to submit monthly information to the employment service authorities on the availability of jobs and vacancies, created or allocated jobs for the employment of persons with disabilities in accordance with the established quota for employment of persons with disabilities, including information on local regulations containing information about these workplaces, fulfillment of the quota for the employment of persons with disabilities. The forms of these documents are also approved by the legislation of the subject of the Russian Federation.

An interesting point. The fact is that the above rule does not make exceptions for employers. Accordingly, all employers, regardless of the number of employees, must provide this information to the employment service authorities on a monthly basis. This conclusion is confirmed by inspection practice. However, the practice in each region on this issue is different, and therefore, in order to minimize possible risks, it is recommended to obtain an official explanation from the employment service authority of the subject where the employing organization is located.

Additionally. Please note that in some constituent entities of the Russian Federation, in addition to the employment service, it is necessary to periodically notify other authorities of the fulfillment of the obligation to set quotas. For example, in Moscow, such a body is the State Treasury Institution of the City of Moscow "Center for Job Quotas". Employers must submit information to this body on a quarterly basis (Decree of the Government of Moscow dated 04.08.2009 N742-PP “On Approval of the Regulations on Quotas for Jobs in the City of Moscow”).

Yuzhalin Alexander,

senior lawyer of the labor law department,

group of companies Valentina Mitrofanova

For Russian citizens who belong to the vulnerable category of the population, social policy programs are applied that are aimed not only at protecting their rights, but also at improving the quality of life. The government considered and approved a number of regulations that determine the procedure for employment of disabled people at enterprises, implemented through quota regulation of their ratio in relation to the total number of employees.

What is job quota

Job quotas

Job quotas for the disabled determine the minimum number of jobs reserved for citizens who find it difficult to find a job without using the opportunities of the social protection program. The value of the quota is calculated as a percentage of the total number of employees, determined according to the approved staffing table. According to the Labor Code, an enterprise is obliged to hire a disabled person sent by authorized bodies for employment, provided that the company does not comply with the requirements of quotas due to understaffing in the required ratio of employees.

Why is quota applied?

In a world of unstable economic situation, finding a job is difficult even for healthy citizens. And if a person is disabled, which limits his opportunities and abilities, then it is even more difficult for him to find a job. Disability pensions are low, and this category of people often needs money for treatment, which forces them to look for work. By enacting legislation on quotas, the state decided to help unemployed citizens who are disabled.

According to the approved regulatory requirements, business entities using hired labor are required to employ a certain number of vulnerable citizens.

Who can use the privilege

The state policy that promotes employment is aimed at a number of categories of citizens who find it difficult to find a job on their own, due to being classified as an unpopular category of workers:

  • disabled people;
  • under 18 years of age;
  • the elderly, pre-retirement age;
  • released after being in places of deprivation of liberty;
  • refugees;
  • parents, single or large;
  • retired from military service;
  • without work experience after graduating from a secondary vocational institution, aged 18-20 years.

Read also: Dumping: what is it in simple words

Implementation mechanism

How to apply for a disabled person to work

A quota job is presented in the form of a vacant position, which is reserved in advance by the state. It is intended for the employment of a special category of citizens who find it difficult to find a job on their own.

The law on job quotas for the disabled is applicable to business entities, regardless of the industry.

Its versatile goals are to provide guarantees for events that provide employment opportunities, self-realization, career growth and education. The workplace allocated to a disabled person according to the quota must allow the employee to carry out professional activities without harming his health.

How to prepare a workplace for a disabled person

To do this, you need to take into account some important parameters that you need to find out about a potential employee. These include the state of health and a list of medical contraindications. It is also important to take into account harmful production factors in the workplace.

Applicable Disability Benefits

The regulation on quoting jobs in an organization for the disabled determines the need for their reservation in the amount depending on the number of employees on the payroll. If the staffing of the enterprise assumes the number of employees is less than 35 people, then 1 place is subject to quotas. With 100 employees employed, at least 4 places should be reserved. For large enterprises with more than 100 employees, 2-4 percent of the total number of employees should be reserved for the employment of disabled people.

If the staffing table of a business entity includes less than 35 employees, then the organization may not participate in the social program and not submit appropriate reports.

Reporting

Regulation of the needs of citizens

In each region, a separate list of citizens in need of employment is formed. Persons with disabilities have priority. The rest of the categories are assisted in ensuring normal living conditions based on the economic situation, the possibilities of the federal budget, as well as the availability of reserves at enterprises engaged in economic activities in the territory of a particular region. The regulation of quota values ​​for the disabled and other categories of citizens is carried out in accordance with the statistical data that form the lists of those in need of assistance.

Non-compliance with the quota for persons with disabilities is one of the most controversial violations identified by the supervisory authorities. Due to the controversial interpretation of the legislation, claims are often made against the employer, who actually has everything “according to the regulations”. Denis Eliseenkov, a labor law expert, explains how to correctly understand regulatory requirements and defend one's position in the event of a trial.

about the author: Denis Eliseenkov, Head of the Labor Disputes Division of the Labor Law Department of Mitrofanova & Partners Law Firm. For more than 10 years, he has been advising employers from various sectors of the economy in the field of labor legislation of the Russian Federation on various aspects of its application and conducting personnel audits. Over 8 years of experience in representing interests in court on the Customer's side.

Quotas for jobs for the disabled is a procedure, the implementation of which always causes controversy and conflicting opinions.

The obligation of the employer to create or allocate jobs for the disabled is regulated by the provisions of the Federal Law of November 24, 1995 N 181-FZ "On the Social Protection of the Disabled in the Russian Federation", as well as the Law of the City of Moscow of December 22, 2004 N 90 "On Job Quotas ". According to these regulations, employers, in accordance with the established quota for hiring disabled people, are obliged to create or allocate jobs for people with disabilities.

If the employer does not fulfill the obligation to create jobs in accordance with the quota, as well as if he refuses to employ a disabled person, he may be held administratively liable (Russian Code of Administrative Violations, Law of Moscow dated November 21, 2007 N 45 “Code of the City of Moscow about administrative offenses).

At the same time, the current legislation does not give a clear interpretation of what should be understood as the creation or allocation of a workplace. If we follow the literal interpretation of the law, then job allocation means its registration in personnel documents in accordance with the general procedure (indication in the company's staffing table). Job creation means its physical formation.

In any case, administrative liability provided for by law for refusing to hire a disabled person, as well as for the lack of allocated or created jobs does not mean that employers are obliged to independently search for disabled workers and thus fill the established quota, ensuring actual employment.

This conclusion is confirmed by the position of the Supreme Court of the Russian Federation (Ruling No. 50-APG13-5 dated May 22, 2013).

« The argument that the recognition of the obligation of the employer as fulfilled since the creation of jobs and the admission of disabled people to them means that the existence of unfilled jobs created within the framework of the quota for employment can not be considered valid as a failure to fulfill the obligation to fulfillment of the quota for the employment of persons with disabilities. As follows from the content of the norm, the employer is obliged to create a workplace within the quota and does not have the right to refuse to hire a disabled person on grounds not related to special qualification requirements, only in this case his obligation to set job quotas will be considered fulfilled. Prior to hiring, by creating a workplace alone, the goals of the federal law cannot be recognized as achieved, since the obligation to hire a disabled person within the quota is provided for by the norm of the Federal Law (part 2 of article 24 Federal Law of November 24, 1995 N 181-FZ) and, being a restriction of the rights of the employer to fill jobs with other persons, stems from the meaning and objectives of thislaw aimed at protecting the disabled, providing them with equal opportunities with other citizens, which in a social state is designed to serve the achievement of the goals of social peace and ensure a decent standard of living for citizens.

What happens in practice

However, the jurisprudence of the lower courts on this issue is somewhat inconsistent with the requirements of the law. In one of the ongoing administrative cases to challenge the results of an audit, during which the inspectors found violations in terms of compliance with the requirements of the law on quotas by organizations of jobs for the disabled, the Ostankinsky District Court of Moscow came to the following conclusion. « The creation (allocation) of jobs for disabled people should be understood as the organization and actual employment of workers (disabled people) in such places. Jobs are considered created (allocated) if employees of the above category are employed, in other words, the quota is fulfilled» .

That is, the court believes that bringing an organization to administrative responsibility for the employer’s failure to fulfill the obligation to create or allocate jobs for the employment of disabled people is quite legal if the organization does not have disabled employees or the quota is not filled in full.

For some reason, three circumstances are not taken into account:

  • First, administrative responsibility is established not for non-compliance with the quota but for failure by the employer to fulfill the obligation to create or allocate jobs for the employment of persons with disabilities in accordance with the established quota;
  • secondly, employers have no obligation to independently search for workers of the above category to fill the established quota;
  • thirdly, there is a separate responsibility for refusing to hire a disabled person and not providing information to the employment authorities.

The last obligation is formulated in paragraph 3 of Article 25 of the Law of the Russian Federation of April 19, 1991 N 1032-1 “On Employment in the Russian Federation” - to provide information to the employment service authorities regarding:

  • availability of vacancies (positions);
  • created or allocated jobs for the employment of persons with disabilities in accordance with the established quota for the employment of persons with disabilities;
  • information about local regulations containing information about these workplaces;
  • fulfillment of the quota for the employment of persons with disabilities.

These duties are aimed at fulfilling the quota by the employer. I.e, creation and allocation of jobs is one of the components of the quota process.

The position of the courts that jobs are considered created (allocated) only if they employ workers of the above category does not fully comply with the requirements of the current legislation.

Thus, in order to exclude claims from inspection bodies on this issue, as well as to reasonably challenge the legality of bringing to administrative responsibility for failure to fulfill the obligation to create and allocate quota jobs, organizations need to take all measures to comply with the quota for hiring disabled people established by the current legislation. Including - to comply with the requirements of paragraph 3 of Article 25 of the Law of the Russian Federation of April 19, 1991 N 1032-1 "On Employment in the Russian Federation". Taken together, all these actions, if documented, will help to defend their innocence.

Quotas for jobs for people with disabilities are just one item on the “targeted” list of issues of supervisory authorities (including the GIT). The seminar "" will help to understand the numerous regulatory contradictions and "insure" the company against reputational and financial risks.

The state regulates the means by which persons with disabilities can be provided with suitable jobs. However, despite the availability of vacancies, not all employers are ready to accept a person with disabilities.

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Such an employee is entitled to additional benefits that scare away employers. To ensure that the registration of a disabled person does not cause problems, quotas were developed.

What it is

Job quoting is a process associated with the creation of positions for a certain group of persons. The quota for the disabled is the obligation of employers to develop special places and employ disabled people. The number of special places is calculated based on the average number of employees in the company.

Federal Law No. 181 establishes quotas for the disabled:

If the employer refuses to follow the law, he will be charged with an administrative fine. Questions arise due to the lack of a clear definition in the laws of the allocation of a workplace.

If you look at the Federal legislation, then the employer must arrange in the personnel documents a place for the employee with an indication in the staffing table. That is, the head is physically obliged to create a place for the disabled.

The administrative responsibility of the enterprise does not mean that employers must independently look for disabled people and fill in the quota. Persons with disabilities are dealt with by the Employment Center, to which the organizations report.

Position

Federal Law No. 181 establishes the obligation of organizations to allocate places for people with disabilities. If you have any questions, you need to refer to the Law of the city of Moscow No. 90, according to which bosses are required to create places for employment of citizens with disabilities.

In the regions

In order to better understand the quotas for jobs for people with disabilities in 2019 in the regions, it is required to take into account the laws of the subject.

The percentage may vary from city to city:

Features of quoting for the disabled

The legislation establishes the features that enterprises are required to follow when determining places for the disabled.

For example, only some organizations are required to create quotas:

  • if the number exceeds 100 people (citizens are officially employed). If the company employs from 35 to 100 people, then the quota will be minimal. Small firms should not create separate locations;
  • if the organization operates in one of the forms of ownership, it is not required to create places. For example, state-owned enterprises accept disabled people on an equal basis with other applicants;
  • if the company's activities are aimed at supporting disabled people, there is no separate quota;
  • there is no need to create places for enterprises in which workers operate in difficult or dangerous conditions.

The local government is given the right to set the size of the quota in the region. The indicators vary considerably from subject to subject. If a disabled person wants to enter the Ministry of Internal Affairs or relevant structures, they apply on a general basis.

Procedure

Before determining the quota in the region, it is required to wait for up-to-date data from the state. When the information is received, you can make up for the quota obligations in 4 ways:

  • the employer published an advertisement for hiring an employee on a quota and received an application from a disabled person;
  • a disabled person went to the Employment Center for a workplace;
  • the enterprise has sent a notification to the City Employment Center, which is looking for a suitable professional;
  • an enterprise and a disabled person participate in a job fair, a person passes an interview and gets a job.

Regardless of the chosen employment option, further registration of a disabled person takes place according to the standard algorithm.

How to write an order and its sample

Regardless of the form you choose, you must provide the following information:

  • name of the organization in full, details of the document, date of registration;
  • the name of the order, on the basis of which laws the employer decides to hire a disabled person;
  • in the body of the order there should be an indication of the preparation of the place and the appropriate working conditions for the new employee;
  • at the end of the document, complete data about the director or the person who issues the order is entered;
  • the date and signature are put last.

Sample Fill:

Responsibilities of the personnel officer

The personnel officer is obliged to employ a citizen according to the standard procedure:

  • disabled person to be interviewed;
  • for registration, the personnel department receives documents, checks the reliability and availability of qualifications;
  • a person loses the status of unemployed in the Employment Center;
  • a citizen receives a report on employment from a personnel officer.

The employer has the right to employ a person with disabilities without a quota. In some constituent entities of the Russian Federation, there is an increased percentage of vacancies for citizens who work in the public service.

The registration procedure repeats the standard one. The only exception is the creation of comfortable working conditions for a disabled person and the registration of additional benefits.

Documentation

Despite the standard procedure for applying for a job, labor relations with people with disabilities are somewhat different from the generally accepted ones.

For example, an employment contract signed with a disabled person of group 3 must contain the following conditions:

  • the employee should not be involved in hazardous or harmful conditions, or in work that, for health reasons, cannot be performed;
  • a disabled person should not go on business trips;
  • people with disabilities work less than others. Remuneration of labor and calculation takes place taking into account reduced hours;
  • on holidays and weekends, it is prohibited to call disabled people to work;
  • the number of sick days per year paid by the employer is indicated;
  • the standard vacation is 30 days, additional days of rest are also required.

If the enterprise falls under the law on quotas, the following documents are required to be prepared:

  • Regulations on quotas, which must include:
    • quota size and for which groups it is suitable;
    • the process of implementing measures for the acceptance of persons with disabilities;
    • employee with responsibilities.
  • an order for the design of a workplace, which includes:
    • the position to which the disabled person enters;
    • the process of changing the conditions for the implementation of duties in the enterprise;
    • citizen responsible for execution.

Report

Quotas for jobs are checked by the executive authorities, so employers must submit a report. If a public organization helps people with disabilities and its authorized capital consists of the contribution of the association, then no additional documents are required to be submitted.

Employment service bodies receive monthly reports from organizations on created or re-registered places for the disabled. The Employment Center checks local documents, the number of places and information about new positions. Monthly reports are compared with actual data.

The legislation of the regions may determine the deadlines for reporting. If the director of the enterprise is not sure about the process of filing documents in his subject, it is required to check the legal act in the field of labor and employment.

Completed sample:

Employer's liability for violations

If an employer refuses to employ people with disabilities without legal grounds or does not create places for citizens with disabilities, they will be subject to an administrative fine in the amount of 5 to 10 thousand rubles.

However, the entrepreneur will not get away with paying the fine: the legislation provides for additional liability for failure to provide places for disabled people, which is regulated by regional authorities. The second fine ranges from several thousand to 20 thousand rubles.

Article 5.42 of the Code of Administrative Offenses establishes that persons who refuse to hire a disabled person are brought to administrative responsibility.

That is, the personnel officer is also held liable for non-fulfillment of duties. However, a separate article for the fact that the entrepreneur does not submit reports on time has not been established.

The employer is obliged to provide places in the quota on time. He does not have the right to refuse to work for disabled people for reasons not related to their qualifications, knowledge or skills. The obligation is considered fulfilled when there are no applicants or there are enough disabled people working at the enterprise.

At this stage in the development of the country, citizens with disabilities can find well-paid jobs that are tailored to their unique needs.

Most businesses are required to provide a small number of places for people with disabilities, assessing them on qualifications and skills. Some organizations offer remote work related to the processing and receiving of information via the Internet.

"Personnel issue", 2014, N 2

JOB QUOTATION

The issue of employment often turns into a serious problem even for a healthy person. What can we say about people with disabilities - the disabled. In the presented material, we will talk about job quotas - an effective mechanism that provides protection against unemployment for people with reduced competitiveness in the labor market.

So, the quota is the minimum number of jobs for citizens who are in particular need of social protection and who have difficulty finding a job (as a percentage of the average number of employees of the organization), whom the employer is obliged to employ in this organization. The quota also includes jobs already employed by citizens of this category.

Job quotas - the establishment of a quota in organizations, regardless of organizational and legal forms and forms of ownership, for employment for citizens who are in particular need of social protection and who experience difficulties in finding work.

Job quotas are carried out in order to provide additional guarantees for the employment of citizens.

In accordance with Art. 16 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), which determines the grounds for the emergence of labor relations, labor relations may arise as a result of sending employees to work by authorized bodies on account of the established quota.

The law of the Russian Federation of April 19, 1991 N 1032-1 "On Employment in the Russian Federation" (hereinafter - Law of the Russian Federation N 1032-1).

Based on Art. 5 of the said Law, the state policy in the field of promoting employment of the population, in particular, is aimed at implementing measures that promote the employment of citizens who experience difficulties in finding a job:

Disabled;

Persons released from institutions executing punishment in the form of deprivation of liberty;

Minors between the ages of 14 and 18;

Persons of pre-retirement age (two years before the age giving the right to access to an old-age labor pension, including early retirement pension);

Refugees and internally displaced persons;

Citizens discharged from military service and members of their families;

Single and large parents raising minor children, children with disabilities;

Citizens exposed to radiation as a result of the Chernobyl and other radiation accidents and disasters;

Citizens aged 18 to 20 who have secondary vocational education and are looking for a job for the first time.

By virtue of Art. 13 of the Law of the Russian Federation N 1032-1, the state provides additional guarantees to citizens experiencing difficulties in finding a job, in particular, by establishing a quota for hiring disabled people.

At the same time, the quota for hiring disabled people is established in accordance with the Federal Law of November 24, 1995 N 181-FZ "On the Social Protection of the Disabled in the Russian Federation" (hereinafter - Law N 181-FZ).

According to the said Law, namely Art. 21, for employers with more than 100 employees, the legislation of the subject of the Russian Federation establishes a quota for hiring disabled people in the amount of 2 to 4% of the average number of employees. Employers with at least 35 and no more than 100 employees may establish a quota for hiring disabled people in the amount of not more than 3% of the average number of employees by the legislation of a constituent entity of the Russian Federation.

If the employers are public associations of the disabled and organizations formed by them, including business partnerships and companies whose authorized (share) capital consists of the contribution of the public association of the disabled, these employers are exempted from compliance with the established quota for hiring disabled people.

The specific size of the quota is established by the legislation of the relevant subject of the Russian Federation.

For example, in St. Petersburg, relations on setting a quota for hiring disabled people are regulated by the Law of the city of St. Petersburg dated May 27, 2003 N 280-25 "On quotas for jobs for the employment of disabled people in St. Petersburg." According to this Law, for organizations with more than 100 employees, a quota for hiring disabled people is set at a rate of 2.5% of the average number of employees. And in the Leningrad Region, the legal, economic and organizational bases for quoting jobs for disabled people are determined by the Regional Law of the Leningrad Region dated October 15, 2003 N 74-oz "On Quotas for Jobs for the Employment of Disabled People in the Leningrad Region." By virtue of the said Law, organizations located on the territory of the Leningrad Region, regardless of their organizational and legal forms and forms of ownership, whose number of employees is more than 100 people, are set a quota for hiring disabled people in the amount of 3% of the average number of employees.

Note. Please note that organizations should not only allocate jobs for the employment of people with disabilities. In addition, they are obliged to submit monthly information to the employment service authorities on the availability of jobs and vacant positions, created or allocated jobs for the employment of persons with disabilities in accordance with the established quota for the employment of persons with disabilities, including information on local regulations containing information about data workplaces, meeting the quota for hiring disabled people. This is required by Art. 25 of the Law of the Russian Federation N 1032-1.

Special workplaces for the employment of disabled people are workplaces that require additional measures for the organization of labor, including the adaptation of basic and auxiliary equipment, technical and organizational equipment, additional equipment and the provision of technical devices, taking into account the individual capabilities of disabled people. Special workplaces for the employment of disabled people are equipped (equipped) by employers, taking into account the impaired functions of disabled people and restrictions on their life activity in accordance with the basic requirements for such equipment (equipment) of these workplaces, determined by the federal executive body responsible for the development and implementation of state policy and legal regulation in the sphere of labor and social protection of the population.

The minimum number of special jobs for the employment of disabled people is established by the executive authorities of the constituent entities of the Russian Federation for each enterprise, institution, organization within the established quota for hiring disabled people (Article 22 of Law N 181-FZ).

Note! For failure by the employer to fulfill the obligation to create or allocate jobs for the employment of disabled people in accordance with the established quota for hiring disabled people, administrative liability is established.

According to Art. 5.42 of the Code of Administrative Offenses of the Russian Federation (hereinafter referred to as the Code of Administrative Offenses of the Russian Federation), the fine for this administrative violation, as well as for refusing to hire a disabled person within the established quota, ranges from 5,000 to 10,000 rubles for officials.

An unreasonable refusal to register a disabled person as unemployed in accordance with the same article entails the imposition of an administrative fine on officials in the amount of 5,000 to 10,000 rubles.

And Art. 19.7 of the Code of Administrative Offenses of the Russian Federation provides for liability for failure to submit or untimely submission to a state body (official) of data (information), the submission of which is provided for by law and is necessary for the implementation of this body (official) of its legal activities, as well as submission to a state body (official) such information (information) in an incomplete or distorted form, with the exception of cases provided for by Art. 6.16, part 4 of Art. 14.28, art. Art. 19.7.1, 19.7.2, 19.7.3, 19.7.4, 19.7.5, 19.7.5-1, 19.7.5-2, 19.7.7, 19.7.8, 19.8 of the Administrative Code of the Russian Federation. This violation entails a warning or the imposition of an administrative fine:

For officials - from 300 to 500 rubles;

For legal entities - from 3000 to 5000 rubles.

A similar punishment will be applied for the submission to a state body (official) of information (information) in an incomplete or distorted form.

Next, we will consider the procedure for quoting jobs on the basis of the Law of Moscow of December 22, 2004 N 90 "On Quotas for Jobs" (hereinafter - Law N 90) and the Regulations on Quotas for Jobs in Moscow, approved by Decree of the Moscow Government of 4 August 2009 N 742-PP (hereinafter - Regulation N 742-PP). But first, we note that the activities of employers in Moscow in terms of job quotas are coordinated by the Department of Labor and Employment of the City of Moscow, as indicated by Regulation N 742-PP.

Job quotas according to Art. 2 of Law N 90 is carried out, in particular, for disabled people recognized as such by federal institutions of medical and social expertise, in the manner and under the conditions established by the Government of the Russian Federation.

Employers, regardless of the organizational and legal forms and forms of ownership of organizations, with the exception of public associations of disabled people and organizations formed by them, including business partnerships and companies, the authorized (share) capital of which consists of the contribution of a public association of disabled people, organize quota workers in Moscow places at their own expense.

The fulfillment of the quota for employment (hereinafter referred to as the quota) of persons with disabilities is the employment by the employer of persons with disabilities who have recommendations for work, confirmed by the conclusion of an employment contract, the validity of which in the current month was at least 15 days.

So, according to clause 2.1 of Regulation N 742-PP, employers within a month after state registration with the tax authorities must register with the State Treasury Institution of Moscow "Center for Quotation of Jobs" (hereinafter referred to as the Quota Center).

The absence of the fact of registration with the Quota Center does not relieve employers from fulfilling the obligations imposed on them by Law N 90.

When registering with the Quota Center, employers must provide information and notarized documents specified in clause 2.2 of Regulation N 742-PP.

When registering, the employer is assigned a registration number, which is indicated when submitting statistical reports.

Employers have the right to submit these documents on their own initiative.

Please note that the employer must notify the Quota Center of all changes in the registration data, in the event of a change in the place of registration of the employer with the tax authorities, the employer must re-register at the Quota Center, and in the event of liquidation of the organization, deregister, which is established by clause 2.3 of the Regulation N 742-PP.

Registration, re-registration and de-registration are free of charge (clause 2.3 of Regulation N 742-PP).

Based on Part 2 of Art. 4 of Law N 90, clause 2.6 of Regulation N 742-PP, employers must create or allocate jobs, in particular, for the employment of people with disabilities. Moreover, employers must create or allocate jobs in accordance with the established quota.

Note! By virtue of Art. 3 of Law No. 90, employers operating in the city of Moscow, whose average number of employees is more than 100 people, are set a quota of 4% of the average number of employees: 2% - for the employment of disabled people and 2% - for the employment of youth categories, specified in Part 1 of Art. 2 of Law No. 90.

At the same time, the employer independently calculates the size of the quota based on the average number of employees employed in the territory of Moscow. The average number of employees in the current month is calculated in the manner determined by the federal executive body authorized in the field of statistics. When calculating the number of employees employed at the expense of the quota, their number is rounded down to a whole value.

If the number of disabled people employed in quota jobs is more than 2% of the average number of employees, the number of quota jobs in relation to the categories of youth specified in Part 1 of Art. 2 of Law N 90, is reduced by the corresponding amount.

Jobs are considered created (allocated) if disabled citizens are employed there.

According to part 3 of Art. 4 of Law N 90, clause 2.7 of Regulation N 742-PP, the employment of citizens at the expense of the established quota is carried out by employers independently, taking into account the proposals of the authorized executive bodies of Moscow in the field of employment and social protection of the population, as well as public organizations of the disabled and youth.

By virtue of h. 4 Article. 4 of Law N 90, clause 2.9 of Regulation N 742-PP, employers subject to quota conditions are required to submit information on the fulfillment of the established quota to the Quota Center on a quarterly basis by the 30th day of the month following the reporting quarter. Employers must submit the specified information in the form N 1-quota, approved by the Order of the DTIZN of Moscow dated March 1, 2012 N 119 "On the organization of regional statistical reporting in the field of quotas for jobs for the disabled and youth."

Note. Please note that the Quota Center prepares summary statistical and other reports on the fulfillment of established quotas by employers, as well as proposals on job quotas for the Moscow Department of Labor and Employment, which coordinates work on job quotas in Moscow (clause 2.10 Provisions N 742-PP).

Statistical reports prepared by the Quota Center, proposals from interested executive authorities of Moscow, public and other associations are submitted to the Department of Labor and Employment of the City of Moscow, which coordinates the work on quoting jobs in Moscow (clause 2.11 of Regulation N 742-PP ).

The Quota Center, on behalf of the Department of Labor and Employment of the City of Moscow, which coordinates work on job quotas in Moscow, exercises control, in particular, over the employment of disabled people in quota jobs (clause 2.12 of Regulation N 742-PP).

In case of failure to fulfill the obligation to create or allocate quota jobs, an administrative penalty may be imposed on the employer in accordance with the Code of Administrative Offenses of Moscow.

So, on the basis of Art. 2.2 of the Law of the City of Moscow dated November 21, 2007 N 45 "Code of the City of Moscow on Administrative Offenses" failure by the employer to fulfill the obligation established by the legislation of Moscow to create or allocate quota jobs entails the imposition of an administrative fine:

For officials in the amount of 3,000 to 5,000 rubles;

For legal entities - from 30,000 to 50,000 rubles.

The amount of administrative fines is subject to transfer to the budget of Moscow or to the budgets of intracity municipalities in Moscow in the manner prescribed by the law of Moscow on the budget of Moscow for the corresponding financial year.

It should be noted that the Law of the City of Moscow N 45 (as follows from the preamble to this Law) establishes administrative responsibility for issues not assigned by the Code of Administrative Offenses of the Russian Federation to the jurisdiction of the Russian Federation, including for violation of the norms and rules provided for by laws and other regulatory legal acts of the Russian Federation. Moscow, normative legal acts of local governments in Moscow.