Organization of special jobs for the disabled. Quotas for the disabled: nuances that are important to know
LAW
MOSCOW CITIES
ABOUT QUOTATION OF JOBS
(As amended by the laws of the city of Moscow dated April 8, 2009 No. 4
dated 30.04.2014 No. 20)
This Law establishes the legal, economic and organizational framework for quoting jobs in the city of Moscow for hiring disabled people and young people, creating and maintaining (modernizing) special jobs for disabled people, creating jobs for young people, as well as ensuring unhindered access to jobs for people with disabilities and infrastructure of organizations.
(preamble as amended by the Law of the City of Moscow dated 08.04.2009 N 4)
Article 1 Legal basis quotas for jobs in the city of Moscow
Quotas for jobs in the city of Moscow are carried out on the basis of the Constitution Russian Federation, federal laws and other regulatory legal acts of the Russian Federation, the Charter of the city of Moscow, this Law and other legal acts of the city of Moscow.
Article 2. Conditions for quoting jobs
1. Quotas for jobs are carried out for disabled people recognized as such federal agencies medical and social expertise, in the manner and under the conditions established by the Government of the Russian Federation, and youth of the following categories: minors aged 14 to 18 years; persons from among orphans and children left without parental care, under the age of 23; graduates of institutions of primary and secondary vocational education aged 18 to 24, higher vocational education aged 21 to 26, job seekers for the first time.
(part one as amended by the Law of the City of Moscow dated 08.04.2009 N 4)
2. 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 a contribution public association disabled people, organize quota jobs in the city of Moscow at their own expense.
3. The fulfillment of the quota for employment (hereinafter referred to as the quota) is considered:
1) in relation to disabled people - employment by the employer of disabled people who have recommendations for work, confirmed by the conclusion employment contract, the validity of which in the current month was at least 15 days;
2) in relation to the categories of youth specified in paragraph 1 of this article - employment by the employer of youth, confirmed by the conclusion of an employment contract, the validity of which in the current month was at least 15 days, or monthly payment to the budget of the city of Moscow of the compensation cost of a quota workplace in the amount of a living wage the minimum for the able-bodied population, determined in the city of Moscow on the day of its payment in the manner established by the regulatory legal acts of the city of Moscow.
Article 3. Procedure for establishing a quota
1. Employers operating in the city of Moscow, whose average number of employees is more than 100 people, are set a quota of 4 percent of the average number of employees: 2 percent - for the employment of disabled people and 2 percent - for the employment of the categories of youth specified in part 1 article 2 of this Law.
(As amended by the Law of the City of Moscow dated April 8, 2009 N 4)
2. The employer independently calculates the size of the quota based on the average number of employees employed in the city 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.
3. If the number of disabled people employed in quota jobs is more than 2 percent of the average number of employees, the number of quota jobs in relation to the categories of youth specified in paragraph 1 of Article 2 of this Law is reduced by an appropriate amount.
(part three as amended by the Law of the City of Moscow dated 08.04.2009 N 4)
Article 4. Implementation of the rights and obligations of employers
1. Employers have the right to request and receive, in accordance with the procedure established by the Government of Moscow, information necessary for the creation of quota jobs.
(As amended by the laws of the city of Moscow dated 04/08/2009 No. 4, dated 04/30/2014 No. 20)
2. Employers, in accordance with the established quota, are obliged to create or allocate jobs for the employment of persons with disabilities and categories of youth specified in paragraph 1 of Article 2 of this Law. Jobs are considered created (allocated) if they employ citizens of the specified categories.
3. Employment of citizens on account of the established quota is carried out by employers independently, taking into account the proposals of the executive authorities of the city of Moscow authorized by the Government of Moscow, as well as public organizations disabled people.
(As amended by the laws of the city of Moscow dated April 8, 2009 No. 4, dated April 30, 2014 No. 20)
4. Employers who meet the requirements of Part 1 of Article 3 of this Law are required to quarterly submit information on the fulfillment of the quota in the manner established by the Moscow Government.
Article 5. Administrative liability for failure to comply with this Law
(as amended by the Law of the City of Moscow dated April 8, 2009 N 4)
Failure by the employer to fulfill the obligation established by this Law to create or allocate quota jobs entails administrative liability in accordance with the Code of the City of Moscow on administrative offenses.
Article 6. Economic support for employers
(as amended by the Law of the City of Moscow dated April 8, 2009 N 4)
Employers who take measures to create and maintain (modernize) quota jobs, as well as to ensure unhindered access for people with disabilities to workplaces and infrastructure of organizations, are provided the following measures economic support:
1) providing funds from the budget of the city of Moscow for the implementation of measures to create, maintain (modernize) jobs for the disabled, create jobs for young people, ensure unhindered access for the disabled to jobs and infrastructure of organizations in the manner established by the Government of Moscow;
2) placement government orders in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the city of Moscow;
3) provision of tax benefits in accordance with federal laws and laws of the city of Moscow.
(as amended by the Law of the City of Moscow dated April 30, 2014 N 20)
Article 7 Final Provisions
1. This Law shall enter into force 10 days after its official publication.
2. This Law shall apply to legal relations that have arisen since January 1, 2005.
3. The Mayor of Moscow and the Government of Moscow bring their normative legal acts in line with this Law within two months from the date of its entry into force.
4. Recognize as invalid. Law of the city of Moscow of November 12, 1997 N 47 "On quotas for jobs in the city of Moscow", . Law of the City of Moscow of January 30, 2002 N 5 "On Amending Article 9 of the Law of the City of Moscow of November 12, 1997 N 47 "On Quotas for Jobs in the City of Moscow", Law of the City of Moscow of June 26, 2002 N 32 "On amendments and additions to the Law of the city of Moscow dated November 12, 1997 N 47 "On quotas for jobs in the city of Moscow".
The norms for providing jobs to beneficiaries are established at the legislative level. Thus, a quota for the disabled at the enterprise is provided if the state has more than a hundred employees.
In addition, a number of powers social protection citizens transferred to the subjects of the federation. They make their own regulations. Consequently, the entrepreneur is obliged to comply not only with the all-Russian law on job quotas for the disabled, but also with regional norms. And this leads to the need to organize special work in this direction.
General concept of quota
Under quota in general case understood job reservation. It is done by creating documents that describe the rules:
- allocation of vacancies in the state;
- admission to them of workers of preferential categories;
- provision of privileged employees:
- special conditions;
- the necessary equipment and space for the performance of duties.
Reservation in production is carried out taking into account:
- the norms of the current legislation applicable to an economic entity;
- working conditions;
- industries and others.
The legislative framework
“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. Employers with no less than 35 and no more than 100 employees may establish a quota for hiring disabled people in the amount of not more than 3 percent of the average number of employees by the legislation of a constituent entity of the Russian Federation.
Moreover, the obligation to reserve places of application of forces for citizens with disabilities applies to business entities, regardless of the form of ownership. Thus, an individual entrepreneur or a state corporation must provide special conditions labor for beneficiaries in their state, if the number of employees more than 35 people.
The following companies are exempted from the mandatory admission of disabled employees:
- public organizations of citizens with disabilities;
- companies with small numbers.
In more detail, the interaction between the state and market participants in the field of providing social guarantees to disabled people is described in law No. 1032-1 of 19.04.1991. In particular, the 13th article of the act confirms the guarantee for people with physical restrictions on work. And Article 25 obliges entrepreneurs to take part in this work.
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Powers of the regions
- executed in the amounts specified in the 21st article of the said law;
- increased.
In addition, regional executive authorities are required to take measures to:
- involvement of persons with disabilities in entrepreneurial activities;
- creation of conditions for their professional training (re-profiling);
- stimulating the creation by entrepreneurs of conditions for the work of people requiring social protection.
For example, enterprises registered in the Kamchatka Territory are subject to the provisions of local law No. 284 of 11.06.09. The number of quota places in it coincides with the same provided by the all-Russian act. The maximum parameters are set by the laws:
- Stavropol Territory No. 14-kz dated 11.03.04;
- Ulyanovsk region No. 41-OZ dated 04/27/09.
General procedure for reserving jobs for the disabled
- Determination of the obligation of the enterprise (organization) to comply with legal requirements. To do this, all-Russian and regional regulations are being studied (the list depends on the place of registration of an economic entity).
- Calculation of the quota rate. You should start from the number of staff (and not the nominal number of employees).
- Creation and approval of local documents.
- Registration in the employment authorities.
- Assignment of duties for interaction with the Employment Center to the employee. Providing reports and fulfilling obligations.
Study of legislative norms
Each company creates staffing . The document contains a list of positions and the number of employees occupying these vacancies. According to the form of drawing up the paper, it is supposed to display the final indicators. They make up the staffing to which the legislation is oriented.
If the result is more than 35 employees, then according to Law No. 181-FZ, at least one of them must be a beneficiary. AT regulations regions may contain other numbers. Therefore, their text should also be carefully studied and implemented.
Hint: the actual number of workers is not a basis for waiving quotas.
Example. The head of Shtorm LLC approved the following staffing table (excerpt is given):
In fact, the company employs 28 people. 10 positions remain vacant. However, after the approval of the structure, the LLC is obliged to immediately fulfill the reserve requirements.
Attention: regional laws may link the standards for reserving vacancies for the disabled and for youth. For example, such a rule is laid down in the law of the city of Moscow No. 90. Download for viewing and printing:
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Quota calculation
The next step is to count the number of vacancies that need to be provided for persons with physical disabilities. This is done in accordance with the instructions of Rosstat on filling out form No. P-4, approved by Order of the state body No. 566 of 09/01/17.
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The formula for determining the number of preferential places is as follows:
- staffing x the norm defined in the acts.
As of 2019, it is not defined what to do in case of getting a fractional result. For example, the company has 121 employees. 4% of seats are required to be scheduled for the disabled. The definition gives the following result:
- 121 people x 0.04 = 4.84
As a rule, general arithmetic rounding rules are used. Although no clarification on this issue has yet been published.
Preparation of local acts
At enterprises for which the implementation of the law on quotas is mandatory, the following documents should be created:
- Regulations on quotas for jobs for citizens of privileged categories. It contains the following data:
- quotas and categories of citizens;
- the procedure for implementing measures in this direction;
- responsible official.
- Order on the allocation of vacancies, which must contain specific data:
- about the position provided to the disabled person;
- about the necessary changes in the conditions and procedure for the implementation of labor duties;
- on the person responsible for execution.
As a rule, in large organizations, the personnel department is engaged in providing social guarantees to people with disabilities. Therefore, the responsibility lies with the head of the department. He, in turn, can issue an act on the redistribution of duties.
Registration with employment authorities
The next step is to set up official interaction with the Employment Center (EC). To do this, you need to do the following steps:
- Study the by-law regional level describing the application process.
- Collect a package of documents.
- Submit them to the CZ at the place of registration of the enterprise.
- Receive a written notification of the completion of the registration process in the Central Store as an enterprise that meets the quota conditions.
Interaction with the Employment Center
In order to comply with Article 25 of Law No. 1032-1, companies are required to submit monthly reports to the CZ. Since 2018, reports have been submitted in accordance with the form contained in Appendix No. 9 to Rosstat Order No. 566 dated 09/01/17. The form contains the following information:
- about the number of vacancies;
- on the number of places allocated to beneficiaries;
- about accepted employee, including the disabled;
- about approved local acts relating to quotas;
- on the implementation of quota legislation.
Liability for failure to comply with legal requirements
The activities of the employer in providing jobs to persons belonging to preferential categories, controlled by Rostrudinspektsiya. Moreover, at the local level, the implementation of both all-Russian and regional norms is checked, and compliance with the rules of the appropriate level. The state body conducts planned and unscheduled activities. In addition, he is obliged to respond to citizens' appeals related to the violation of labor guarantees.
Responsibility for violation of federal acts is provided for in the articles of the Code of Administrative Offenses (CAO). So. Violation of deadlines provision of primary statistical reporting punishable under Article 13.19. Its text contains information on penalties imposed on:
- officials in the amount of 10 to 20 thousand rubles;
- for organizations - from 20 to 70 thousand rubles.
Detection of a repeated violation will lead to an increase in the punishment:
- officials are subject to a fine in the amount of 30 to 50 thousand rubles;
- legal entity - from 100 to 150 thousand rubles.
And article 5.42 of the Code of Administrative Offenses regulates the punishment for refusing to employ a person with a disability in the amount of 5 to 10 thousand rubles. A sanction is imposed on the guilty official.
Download for viewing and printing: Hint: in the regional regulatory framework may contain other measures of influence on violators.
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Video: Benefits for the disabled with job quotas
March 21, 2018, 15:03 Mar 3, 2019 13:36 
GOVERNMENT OF THE MOSCOW REGION
RESOLUTION
On approval of the Procedure for holding special events that contribute to increasing the competitiveness of people with disabilities in the labor market of the Moscow Region
Document as amended by:
(Official website of the Government of the Moscow Region www.mosreg.ru, 08.08.2018).
____________________________________________________________________
In accordance with the Federal Law of November 24, 1995 N 181-FZ "On the Social Protection of the Disabled in the Russian Federation", the Government of the Moscow Region
decides:
1. Approve the attached Procedure for holding special events that help increase the competitiveness of people with disabilities in the labor market of the Moscow Region.
2. Main Directorate for information policy Moscow Region to ensure the official publication of this resolution in the newspaper "Daily News. Podmoskovye" and posting (publication) on the Internet portal of the Government of the Moscow Region.
4. To impose control over the implementation of this resolution on the First Deputy Chairman of the Government of the Moscow Region Zabralova O.S.
Governor
Moscow region
A.Yu.Vorobiev
The procedure for holding special events that contribute to increasing the competitiveness of people with disabilities in the labor market of the Moscow Region
APPROVED
resolution
Government of the Moscow Region
dated December 29, 2015 N 1371/49
I. General provisions
1. This Procedure determines the mechanism for the implementation on the territory of the Moscow Region of employment guarantees provided to persons with disabilities through the implementation of special measures that contribute to increasing the competitiveness of persons with disabilities in the labor market of the Moscow Region (hereinafter referred to as the Procedure).
2. The purpose of holding special events that contribute to increasing the competitiveness of people with disabilities in the labor market of the Moscow Region is to promote the employment of people with disabilities who are not competitive enough in the labor market.
3. In accordance with Article 20 of the Federal Law of November 24, 1995 N 181-FZ "On the Social Protection of Disabled Persons in the Russian Federation" (hereinafter referred to as the Federal Law), special measures that help to increase the competitiveness of disabled people in the labor market include:
establishment in organizations, regardless of organizational and legal forms and forms of ownership, of a quota for hiring disabled people and minimum quantity special jobs for the disabled;
reservation of jobs for professions most suitable for the employment of disabled people;
stimulating the creation by enterprises, institutions, organizations of additional jobs (including special ones) for the employment of people with disabilities;
creation of working conditions for disabled people in accordance with individual programs of rehabilitation, habilitation of disabled people;
creating conditions for entrepreneurial activity disabled people;
organizing training for disabled people in new professions.
4. The provisions of the Order apply to all legal entities and individual entrepreneurs who are employers and carry out their activities on the territory of the Moscow Region (hereinafter referred to as employers).
II. Establishment in organizations, regardless of organizational and legal forms and forms of ownership, of a quota for hiring disabled people and a minimum number of special jobs for disabled people
5. The establishment in organizations, regardless of organizational and legal forms and forms of ownership, for individual entrepreneurs of a quota for hiring disabled people is regulated by the Law of the Moscow Region N 53/2008-OZ "On Quotas for Jobs" (hereinafter referred to as the Law on Quotas).
6. The quota for hiring disabled people (hereinafter referred to as the quota) is for employers with the number of employees:
from 35 to 100 people - 1 percent of the average number of employees. When calculating the quota, the number of quota jobs is rounded up to an integer value;
more than 100 people - 2 percent of the average number of employees. When calculating the quota, the number of quota jobs is rounded down to an integer value.
7. The following are exempted from mandatory job quotas:
public associations of disabled people and organizations formed by them, including economic partnerships and companies that are employers, the authorized (share) capital of which consists of the contribution of a public association of disabled people;
employers with fewer than 35 employees;
employers that are legal entities (organizations) undergoing the reorganization procedure, in respect of which established by law a decision was made to liquidate or bankrupt them.
8. The average number of employees is calculated in the manner determined by the Federal Agency state statistics. At the same time, in average headcount workers, workers whose working conditions are classified as harmful and (or) hazardous conditions labor according to the results of attestation of workplaces according to working conditions or results special evaluation working conditions.
9. The number of quota jobs against the established quota is calculated by employers independently.
10. Employers are obliged on a monthly basis, before the 10th day of the month following the reporting one, to submit to the state treasury institutions of the Moscow Region employment centers (hereinafter referred to as employment centers) information on the fulfillment of the quota, including information on local regulations containing information on the created or allocated workplaces for the employment of disabled people (hereinafter referred to as information on quotas). Report forms are approved by the Ministry social development Moscow Region, are posted on the website of the Ministry of Social Development of the Moscow Region and issued by employment centers.
11. Employers with branches, representative offices, separate structural subdivisions (hereinafter referred to as structural subdivisions) located outside their location shall set quotas for jobs and provide information on quotas to employment centers at their location, without taking into account the number of employees working in the specified structural divisions.
Employers with structural subdivisions located outside their location quota jobs in the specified structural subdivisions in accordance with the number of employees working in them, and provide information on quotas to employment centers at the location of these structural subdivisions.
(Clause as amended, put into effect on August 9, 2018 by Decree of the Government of the Moscow Region of August 8, 2018 N 510/27.
12. Failure to submit (late submission) by the employer to the employment center of information on quotas entails liability under Article 19.7 of the Code of Administrative Offenses of the Russian Federation.
13. Employers provide information on quotas directly when visiting the employment center, by mail, facsimile, by e-mail through the use of the information and telecommunication network Internet.
14. Employers, within the established quota, create special jobs for the employment of persons with disabilities, requiring additional measures on the organization of labor, including the adaptation of the main and auxiliary equipment, technical and organizational equipment, additional equipment and the provision of technical devices, taking into account the individual capabilities of the disabled.
15. Establishing for employers a minimum number of special jobs for the employment of disabled people is within the authority of the Ministry of Social Development of the Moscow Region.
The minimum number of special jobs created by the employer for the employment of persons with disabilities within the established quota is for employers with the number of employees:
from 101 to 500 people - 1 special workplace within the established quota;
from 501 to 1000 people - 2 special jobs within the established quota;
exceeding 1000 people - 3 special jobs within the established quota.
16. Employers carry out employment of disabled people at the expense of the quota both by direct application of the disabled person with the obligatory notification of employment centers, and by referral from employment centers.
When hiring a disabled person sent by the employment center, the employer returns to the employment center a referral indicating the day the disabled person was hired.
In case of refusal to hire a disabled person sent by the employment center, the employer makes a note in the referral about the day the disabled person appeared, the grounds for refusing to hire and returns the referral to the disabled person on the day he visits the employer.
17. Supervision and control over the hiring of disabled people within the established quota with the right to conduct inspections, issue mandatory instructions and draw up protocols is carried out by the Ministry of Social Development of the Moscow Region.
18. Employers have the right to create (allocate) additional jobs (including special ones) in excess of the established quota.
III. Reservation of jobs for professions most suitable for employment of disabled people
19. The reservation of jobs in professions most suitable for the employment of disabled people (hereinafter referred to as the reservation of jobs) undergoing training in the direction of the employment center is carried out by means of the allocation of jobs by employers from among those available or created at their own expense, within the established quota for employment of disabled people.
20. Under the professions most suitable for the employment of disabled people, in the Procedure are understood professions and positions included in the list of professions and positions recommended for disabled people, taking into account impaired functions and limitations of their life activity, provided for in Appendix No. 2 to the Methodological Recommendations on the list of recommended types of labor and professional activities persons with disabilities, taking into account the impaired functions and limitations of their life activity, approved by order of the Ministry of Labor and Social Protection of the Russian Federation dated 04.08.2014 N 515, as well as the professions recommended for employment of an individual rehabilitation or habilitation program for a disabled person in respect of whom a workplace is reserved.
21. Employers exempt from mandatory job quotas do not reserve jobs for disabled people.
22. Workplaces for disabled people must comply with special requirements for jobs for disabled people, depending on the type of disability.
23. In the event that an employment center sends a disabled person who has been duly recognized as unemployed to study for a job reserved by the employer against the quota, a tripartite agreement is concluded between the employment center, the citizen and the employer providing the job.
IV. Encouraging the creation by enterprises, institutions, organizations of the Moscow Region of additional jobs (including special ones) for the employment of people with disabilities
24. Encouragement of employers to create additional jobs (including special ones) for the employment of persons with disabilities is carried out within the framework of subprogram V "Promotion of employment of the population and development of the labor market" state program of the Moscow Region "Entrepreneurship of the Moscow Region", approved by the Decree of the Government of the Moscow Region dated 08.23.2013 N 662/37 "On Approval of the State Program of the Moscow Region "Entrepreneurship of the Moscow Region" .
25. Equipment (equipment) by employers of special workplaces for the employment of disabled people is carried out in accordance with the basic requirements for their equipment (equipment) in accordance with the order of the Ministry of Labor and Social Protection of the Russian Federation of November 19, 2013 N 685n "On approval of the basic requirements for equipment ( equipment) special jobs for the employment of disabled people, taking into account the impaired functions and limitations of their life activity" .
V. Creation of working conditions for disabled people in accordance with individual programs of rehabilitation, habilitation of disabled people
26. Disabled persons who have issued labor Relations with employers, regardless of organizational and legal forms of ownership, the necessary conditions labor in accordance with the individual program of rehabilitation and/or habilitation of a disabled person.
27. The creation of working conditions for the disabled is carried out by the employer in accordance with the national standard of the Russian Federation GOST R 53873-2010 "Rehabilitation of the disabled. Services for the vocational rehabilitation of the disabled" and includes activities that provide the conditions and working regime shown to the disabled in accordance with an individual rehabilitation program or disability habilitation:
a) part-time work with the provision of the shown types of work;
b) preferential production rates;
c) introduction of additional breaks;
d) strict observance of sanitary and hygienic standards;
e) systematic medical supervision;
f) the ability to fully or partially work from home;
g) equipping the workplace with auxiliary technical means;
h) other features in working conditions specified in the individual program of rehabilitation, habilitation of a disabled person.
VI. Creation of conditions for entrepreneurial activity of disabled people
28. The creation of conditions for the entrepreneurial activity of disabled citizens from among citizens duly recognized as unemployed is carried out taking into account an individual program for the rehabilitation or habilitation of a disabled person as part of the provision by the employment center public service to promote the self-employment of unemployed citizens, including the provision of citizens duly recognized as unemployed, and citizens duly recognized as unemployed, who have passed professional education or who have received additional professional education in the direction of the employment service, a one-time financial assistance with them state registration as a legal entity, an individual entrepreneur or a peasant (farm) economy, as well as one-time financial assistance for the preparation of documents for the relevant state registration (hereinafter referred to as the one-time financial assistance) in accordance with the order of the Ministry of Labor and Social Protection of the Russian Federation dated December 24, 2013 N 773n "On approval of the federal state standard public services to promote the self-employment of unemployed citizens, including the provision to citizens duly recognized as unemployed, and citizens duly recognized as unemployed, who have undergone vocational training or received additional professional education at the direction of the employment service, one-time financial assistance upon their state registration as a legal entity, an individual entrepreneur or a peasant (farm) economy, as well as one-time financial assistance for the preparation of documents for the relevant state registration.
29. The amount of one-time financial assistance, the procedure and conditions for its provision are approved by the Decree of the Government of the Moscow Region dated July 18, 2012 N 927/25 "On approval of the Regulations on the procedure, conditions for the provision and amount of one-time financial assistance upon state registration as a legal entity, individual entrepreneur or peasant (farm) economy citizens recognized as unemployed in accordance with the established procedure, and citizens recognized as unemployed in accordance with the established procedure and who have undergone vocational training or received additional vocational education in the direction of the employment service, as well as one-time financial assistance for the preparation of documents for the relevant state registration ".
VII. Organization of training for disabled people in new professions
30. Vocational training of disabled persons recognized as unemployed in accordance with the established procedure is carried out taking into account the individual program of rehabilitation or habilitation of the disabled person as part of the provision of state services for vocational training and additional professional education unemployed citizens, including training in another locality. This service provided by the employment center in accordance with the order of the Ministry of Labor and Social Protection of the Russian Federation of April 17, 2014 N 262n "On approval of the federal state standard for public services for vocational training and additional professional education for unemployed citizens, including training in another locality" .
31. Vocational training for disabled persons recognized as unemployed in accordance with the established procedure is carried out at the direction of the employment center.
32. Disabled persons recognized as unemployed in accordance with the established procedure have the right to undergo vocational training and receive additional vocational education as a matter of priority.
Revision of the document, taking into account
changes and additions prepared
JSC "Kodeks"
employment professional disabled worker
According to Article 22 of the Federal Law, 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.
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.
The minimum number of special jobs for the employment of disabled people is established separately for each enterprise, institution or organization by the executive authorities of the constituent entities of the Russian Federation within the established quota for hiring disabled people.
Thus, according to the Decree of the Government of Moscow dated March 4, 2003 N 125-PP “On Approval of the Regulations on Quotas for Jobs in the City of Moscow”, employers, in accordance with the established quotas, are obliged within a month from the date of their introduction to create or allocate jobs for the employment of people with disabilities . Employers with an average number of employees of more than 100 people can, at the expense of the established quota, employ young people under the age of 18, persons from among orphans and children left without parental care under the age of 23, but at the same time, the number of disabled people employed for quota jobs, should not be less than 3% of the average number of employees.
Employment of citizens at the expense of established quotas is carried out by employers independently, taking into account the proposals of the authorized federal executive body in the field of employment, the authorized executive body of the city of Moscow in the field of social protection of the population and the implementation of youth policy, as well as public organizations of the disabled and youth.
According to the Law of the Samara Region of December 26, 2003 N 125-GD “On Quotas for Jobs for the Disabled in the Samara Region”, the creation or allocation of jobs for the employment of disabled people is the responsibility of the employer in accordance with the established quota. Employment of persons with disabilities at the expense of the established quota is carried out by the employer independently. In cases stipulated by the legislation of the Russian Federation, the employment of disabled persons at the expense of the established quota is carried out by the employer in the direction of the authorized federal executive body in the field of labor and employment. The quota is set at two percent of the average number of employees. The calculation of the number of jobs on account of the established quota is carried out by the employer independently. The calculation of the number of jobs on account of the established quota is made by the employer on a monthly basis based on the average number of employees for the previous month. The average number of employees is calculated in the manner determined by the authorized federal executive body in the field of statistics. When calculating the number of jobs at the expense of the established quota, the fractional number is rounded up to an integer value.
The minimum number of special jobs for the employment of persons with disabilities is given in the Lists of organizations that create or allocate jobs for the employment of persons with disabilities.
For example:
The list of enterprises, institutions and organizations that create or allocate jobs for the employment of people with disabilities (approved by the Decree of the Bykovsky District Administration Volgograd region dated January 17, 2003 N 25 "On the establishment of a quota for the employment of persons with disabilities at enterprises, institutions and organizations of the Bykovsky district")
The list of enterprises and organizations of the Yelansky district for the employment of disabled people within the quota established by the Administration of the district (approved by the Decree of the Administration of the Yelansky district of the Volgograd region of November 10, 2004 N 969)
Vyazovsky mekhleskhoz 1
State Institution "Vocational School N 52" 2
GU UF PS Elansky RUPS 2
GUP AK 1727 "Elanskaya" 2
Elansky telecommunication section 2
Yelanskoye MPOKH 2
Elan branch of the AC SU RF N 3990 2
Elanskoe raypo 2
Culture Committee of the District Administration 2
Kraishevskaya municipal secondary school 1
MUZ "Elan Central District Hospital" 8
OJSC "Elan meat-packing plant" 3
JSC "Vyazovskoe HPP" 1
JSC "Elan Butter and Cheese Plant" 3
OJSC "Elansky elevator" 3
JSC "Elanfermmash" 1
LLC Agrofirma Agro-Elan 18
LLC "Big Moretz" 7
OOO "Lukoil-Nizhnevolzhsknefteprodukt" 2
Sistema LLC 1
SPK "Bolshevik" 2
SPK "Elanskiye Sady" 1
SPK "Talovsky" 6
SPK im. Artamonova 4
SPK "Chernigo-Aleksandrovskoye" 3
FSUE "Elanskiy DRSU" 1
Our enterprise belongs to those that are obliged to employ disabled people according to the quota. We fulfilled this obligation, but did not create special jobs, because, as we considered, they are not required for disabled people working for us. However, the prosecutor's office demanded the creation of special jobs for the employment of disabled people. Do we really need to organize such workplaces in any cases of employment of persons with disabilities, even if they do not require such places? What is the sequence of actions to implement the law regarding the creation of special jobs? What other benefits do people with disabilities get hired?
Yes, you are obliged to create a special workplace for a disabled person, taking into account his individual features each time he is hired.
Article 224 Labor Code obliges the employer to create working conditions for disabled employees in accordance with the individual rehabilitation program.
The opinion of the employer that specially equipped places are not required does not mean at all that he has overcome the requirement of the law to create such places. Disabled people are a special category of workers who, to a certain extent, have limited physical capabilities and increased emotional tension. Creating a dedicated workplace does not always mean a significant refurbishment in the office (ramps and doorways). Sometimes it is enough to change the height of the desktop.
What is a dedicated workspace
The definition of a special workplace for the employment of persons with disabilities is given in Art. 22 of the Federal Law of November 24, 1995 No. 181-FZ "On the Social Protection of the Disabled in the Russian Federation" (hereinafter - Law No. 181-FZ). This is a workplace that requires additional measures for the organization of labor, including the adaptation of the main and auxiliary equipment, technical and organizational equipment, additional equipment and the provision of technical devices, taking into account the individual capabilities of the disabled.
In other words, for an employee using wheelchair, it will be necessary to install ramps and widen doorways. For a hearing-impaired or visually-impaired employee, it is necessary to provide special equipment, for example, install additional light call buttons, special software in a computer with subtitles enabled, with a voice recorder, keyboard controls, screen magnifier.
equipment requirements
General requirements for the specifics of organizing jobs for the disabled, depending on the disease that caused the disability, were approved by the Decree of the Chief State Sanitary Doctor of the Russian Federation of May 18, 2009 No. 30. This resolution introduced the Sanitary Rules SP 2.2.9.2510-09 " Hygiene requirements to the working conditions of disabled people” (hereinafter referred to as the Sanitary Rules).
According to paragraph 4.1 of the Sanitary Rules, special workplaces for the disabled must be designed and equipped taking into account the profession, the nature of the work performed, the degree of disability, the nature functional disorders and limited ability to labor activity, the level of specialization of the workplace, mechanization and automation of the production process.
In addition, a special workplace for a disabled person should ensure labor safety, work with minor or moderate physical, dynamic and static, intellectual, sensory, emotional stress, exclude the possibility of deterioration in health or injury.
The Sanitary Rules stipulate that the design, reconstruction and operation of special workplaces for the disabled should be guided by current legislation RF. Thus, the requirements of Art. 224 of the Labor Code of the Russian Federation, that is, take into account the individual program for the rehabilitation of a disabled person. This program is developed on the basis of the decision of the authorized body that manages the federal institutions of medical and social expertise, and is a complex of optimal rehabilitation measures(Article 11 of Law No. 181-FZ). Moreover, the disabled person has the right to refuse one or another type, form and volume of rehabilitation measures, as well as from the implementation of the program as a whole. Such a refusal releases organizations, regardless of organizational and legal forms and forms of ownership, from responsibility for its implementation.
Responsibility
The Sanitary Rules apply to all industries economic activity, enterprises, institutions and organizations of all forms of ownership, regardless of the scope economic activity and departmental subordination, in which the work of disabled people is used (clause 1.3 of the Sanitary Rules).
For violation of the Sanitary Rules, a person may be brought to justice. administrative responsibility under Art. 6.3 of the Code of Administrative Offenses of the Russian Federation: for officials and individual entrepreneurs - a fine from 500 to 1000 rubles, for legal entities - a fine from 10,000 to 20,000 rubles. or suspension of activities for up to 90 days.
Reimbursement of expenses
If in the constituent entity of the Russian Federation where the employer is located, in accordance with the Law of the Russian Federation dated April 19, 1991 No. 1032-1 “On Employment in the Russian Federation”, due to the aggravation of the situation on the labor market, additional measures are taken to promote the employment of disabled people, the employer may be his expenses for equipment (equipment) of special workplaces for the employment of disabled people were reimbursed (letter of the Ministry of Health and Social Development of Russia dated February 18, 2010 No. 23-3/10/1-570).
The amount of compensation is limited to the maximum amount approved by Decree of the Government of the Russian Federation of December 14, 2009 No. 1011 "On the provision in 2010 and 2011 of subsidies from the federal budget to the budgets of the constituent entities of the Russian Federation for the implementation of additional measures aimed at reducing tensions in the labor market of the constituent entities of the Russian Federation."
In 2010, the maximum amount of compensation was 30,000 rubles. for one permanent workplace, in 2011 it was increased to 50,000 rubles.
Privileges
In addition to the requirements for equipping a special workplace (Article 224 of the Labor Code of the Russian Federation), the legislation establishes additional benefits for people with disabilities.
In particular, the duration of working hours for employees with disabilities of groups I and II should not exceed 35 hours per week (Article 92 of the Labor Code of the Russian Federation). Duration daily work(shift) must be established in accordance with a medical report (Article 94 of the Labor Code of the Russian Federation).
To work at night (from 22 to 6 hours), overtime, on weekends and non-working days holidays disabled people can only be recruited with their written consent and if it is not forbidden to them for health reasons (part 5 of article 96, part 5 of article 99, part 7 of article 113 of the Labor Code of the Russian Federation). In addition, the employee must be familiarized with his right to refuse such work against signature.
Disabled people are entitled to unpaid leave wages duration up to 60 calendar days per year (part 2 of article 128 of the Labor Code of the Russian Federation) and annual paid leave of up to 30 calendar days (part 5 of article 23 of Law No. 181-FZ).
An employer who violates these requirements of the law may be held administratively liable under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation. For official this is a fine from 1,000 to 5,000 rubles, for a legal entity - either a fine from 30,000 to 50,000 rubles, or a suspension of activities for up to 90 days, for an entrepreneur - either the specified suspension or a fine from 1,000 to 5,000 rubles.