Retraining of disabled children. Employment of disabled people and their vocational training

Course work

Subject "Social Security Law"

On the topic

"Employment and vocational training for disabled people"

Introduction

Employment for the disabled. Vocational training for the disabled

Job quotas for the disabled

Special jobs for the employment of disabled people

Working conditions for people with disabilities

Problems of employment and vocational training of disabled people in the Russian Federation

Conclusion

Bibliography

Introduction

Article 7 (part 1) of the Constitution of the Russian Federation proclaims the Russian Federation a social state whose policy is aimed at creating conditions that ensure a decent life and free development of a person. In particular, the Russian Federation protects the work and health of people, establishes a guaranteed minimum wage, provides state support for the family, motherhood, fatherhood and childhood, the disabled and the elderly (Part 2 of Article 7 of the Constitution of the Russian Federation).

In the Russian Federation, there is an increase in the number of disabled people (1995 - 6.3 million people, 2004 - 11.4 million people). Every year about 3.5 million people are recognized as disabled, including more than 1 million people for the first time. This is largely due to the high level of morbidity and injuries of the population, the insufficient quality of medical care and services provided by medical and preventive institutions and institutions of medical and social expertise, as well as other reasons. The main share in the total number of disabled people is made up of disabled people of group II - 64 percent. Together with disabled people of group I, this figure is about 80 percent. The number of disabled people of working age and disabled children is increasing. Over 120 thousand people became disabled as a result of military operations and military trauma. Improving the living conditions of people with disabilities as one of the most socially vulnerable categories of the population is among the priority tasks identified in the messages of the President of the Russian Federation to the Federal Assembly of the Russian Federation dated May 26, 2004 and April 25, 2005.

November 2005 marked the 10th anniversary of the adoption of Federal Law No. 181-FZ “On the Social Protection of the Disabled in the Russian Federation”, the norms of which determined the foundations of the state policy in relation to the disabled. A period sufficient to sum up certain results, identify trends, outline the prospects for legal regulation in such a complex issue as employment and vocational training for disabled people.

1. Ensuring employment of the disabled. Vocational training for the disabled

In accordance with the Law of the Russian Federation of April 19, 1991 N 1032-1 “On Employment in the Russian Federation”, employment is an activity of citizens related to the satisfaction of personal and social needs, which does not contradict the legislation of the Russian Federation and, as a rule, brings them earnings , labor income.

Citizens are considered employed:

working under an employment contract, including those performing work for remuneration on a full or part-time basis, as well as having other paid work (service), including seasonal, temporary work, with the exception of public works;

registered as individual entrepreneurs;

employed in subsidiary crafts and selling products under contracts;

performing work under civil law contracts, the subjects of which are the performance of work and the provision of services, including contracts concluded with individual entrepreneurs, copyright agreements, as well as being members of production cooperatives (artels);

elected, appointed or approved to a paid position;

performing military service, alternative civil service, as well as service in the internal affairs bodies, the State Fire Service, institutions and bodies of the penitentiary system;

passing a full-time course of study in general education institutions, institutions of primary vocational, secondary vocational and higher vocational education and other educational institutions, including training in the direction of the federal state employment service (hereinafter referred to as the employment service bodies);

temporarily absent from the workplace due to disability, vacation, retraining, advanced training, suspension of production caused by a strike, conscription for military training, involvement in activities related to preparation for military service (alternative civil service), performance of other state duties or other valid reasons;

being founders (participants) of organizations, with the exception of founders (participants) of public and religious organizations (associations), charitable and other foundations, associations of legal entities (associations and unions) that do not have property rights in relation to these organizations.

Disabled people are guaranteed employment by the state through the following special measures that help increase their competitiveness in the labor market:

) 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. Quotas for jobs are included in the system of methods of social protection of disabled people, provided for by the Constitution of the Russian Federation, the norms of international law in the field of employment, and the current federal legislation. For organizations with more than 100 employees, the legislation of the subject of the Russian Federation establishes a quota for hiring disabled people as a percentage of the average number of employees (but not less than 2 and not more than 4 percent) ;

) reserving jobs for professions most suitable for employment of disabled people. The list of priority professions for workers and employees, the mastery of which gives disabled people the greatest opportunity to be competitive in regional labor markets, approved by the Decree of the Ministry of Labor of the Russian Federation of September 8, 1993 N 150;

) stimulating the creation by enterprises, institutions, organizations of additional jobs (including special ones) for the employment of people with disabilities. In accordance with the Decree of the President of the Russian Federation of March 25, 1993 N 394 "On measures for the professional rehabilitation and employment of the disabled", stimulation is carried out by:

a) payments to employers from local budgets and other sources of compensation to cover income lost as a result of the use of disabled people at their enterprises, institutions and labor organizations, the use of other measures to stimulate their activities for vocational rehabilitation and employment of disabled people;

b) providing all possible support and assistance to enterprises, institutions and organizations that have fully or partially assumed the functions of vocational rehabilitation and employment of disabled people;

c) carrying out activities to attract extra-budgetary funds to finance activities for vocational rehabilitation and employment of disabled people;

) creating working conditions for disabled people in accordance with individual programs for the rehabilitation of disabled people, which contain a set of rehabilitation measures that are optimal for a disabled person, including certain types, forms, volumes, terms and procedures for the implementation of medical, professional and other rehabilitation measures aimed at restoring, compensating for impaired or lost functions of the body, restoration, compensation for the ability of a disabled person to perform certain types of activities;

) creating conditions for the entrepreneurial activity of disabled people, including training in entrepreneurial activity. Entrepreneurial is an independent activity carried out at one's own risk, aimed at the systematic receipt of profit from the use of property, the sale of goods, the performance of work or the provision of services by persons registered in this capacity in the manner prescribed by law.

According to the Regulations on the organization of training of the unemployed population in the basics of entrepreneurial activity, approved by Order of the Federal Social Protection Fund of the Russian Federation of April 18, 1996 N 93, the purpose of training in the basics of entrepreneurial activity is to prepare citizens for this activity, as well as for working in commercial organizations by acquiring the necessary legal, economic , social, other professional knowledge, skills and abilities in the chosen field of entrepreneurship. Training is preceded by career guidance services, which include professional information, career counseling and career selection. The organization of training in the basics of entrepreneurial activity is carried out within the framework of existing entrepreneurship support programs developed by the executive authorities of the constituent entities of the Russian Federation, local governments. Acquisition of training groups for training is carried out by vocational education institutions, taking into account the educational and professional level of citizens in the time agreed with customers.

If it is impossible to organize training at the place of permanent residence of citizens, they can be sent with their consent to study in another area. The training ends with the certification of citizens who have completed training, carried out by vocational education institutions in the prescribed manner, in the forms provided for by curricula and professional educational programs. Citizens who have successfully completed training in the basics of entrepreneurial activity are issued by vocational education institutions with documents on completion of training, depending on the types and terms of training.

Education in the basics of entrepreneurial activity may include the following main areas of preparing citizens for employment in the field of entrepreneurship: starting your own business, drawing up a business plan, marketing, export, finance, accounting, taxation, legislation, resource management, personnel management, etc. ;

) organizing training for disabled people in new professions. Decree of the Ministry of Labor of the Russian Federation and the Ministry of Education of the Russian Federation of January 13, 2000 N 3/1 “On approval of the Regulations on the organization of vocational training, advanced training and retraining of unemployed citizens and the unemployed population” establishes the right of disabled people to undergo vocational training as a priority. Vocational training of disabled people is carried out in professions, specialties that are in demand on the labor market, and increases their ability to find paid work (profitable employment). Vocational training can also be carried out according to professions, specialties for specific jobs provided by employers.

When organizing vocational training, disabled people can be offered, taking into account their education, professional experience and state of health, options for choosing a profession, specialty (in which training is possible) that are in demand on the labor market. Vocational training ends with certification conducted in the prescribed manner by educational institutions and organizations. The form of attestation (qualification exams, tests, defense of abstracts, final written works, etc.) is determined by professional educational programs. Persons who have undergone appropriate training in full and certification after training, educational institutions, organizations are issued documents of the established form.

Vocational training for unemployed disabled people includes the following types of training:

professional training in order to accelerate the acquisition by students of the skills necessary to perform a specific job, group of jobs;

retraining of workers to acquire new professions for work (profitable employment) in these professions;

training workers with professions in second professions to expand their professional profile and obtain opportunities for work (profitable employment) in combined professions;

advanced training of workers in order to update knowledge, skills and abilities, increase professional skills and increase competitiveness in their existing professions, as well as study new equipment, technology and other issues related to the profile of professional activity;

professional retraining of specialists to obtain additional knowledge, skills and abilities in educational programs that provide for the study of individual disciplines, sections of science, engineering and technology necessary to perform a new type of professional activity, as well as obtaining a new qualification within the existing area of ​​training (specialty) ;

advanced training of specialists in order to update theoretical and practical knowledge in connection with the increased requirements for the level of qualifications and the need to master new ways of solving professional problems;

training of specialists for the formation and consolidation in practice of theoretical knowledge, skills and abilities, the acquisition of professional and organizational qualities for the performance of professional duties.

According to Decree of the Government of the Russian Federation of December 26, 1995 N 1285 “On the procedure for the participation of elderly citizens and disabled people living in stationary social service institutions in medical and labor activities”, the main tasks of medical and labor activities of elderly citizens and disabled people living in stationary social service institutions are labor therapy and improvement of the general state of health of citizens, their labor training and retraining in order to master a new profession in accordance with their physical capabilities, medical indications and other circumstances.

The involvement of citizens in medical and labor activities is carried out on a voluntary basis, taking into account their state of health, interests, desires and on the basis of the conclusion of a doctor of a stationary institution (for the disabled - in accordance with the recommendations of the medical labor expert commission).

In stationary institutions, various types of medical and labor activities are organized, differing in their nature and complexity and corresponding to the capabilities of citizens with different levels of intelligence, physical defects, and residual working capacity. Therapeutic labor activity can also be organized in the form of work in subsidiary farms of stationary institutions.

Therapeutic and labor activities of citizens in stationary institutions are carried out by labor instructors and instructors for training workers in accordance with schedules and individual rehabilitation programs.

Specialists and workers may be involved to perform the work necessary for the organization of medical and labor activities.

The duration of medical and labor activity of citizens should not exceed 4 hours a day.

For each citizen participating in medical and labor activities, a doctor of a stationary institution maintains an individual card of medical and labor activities.

The determination of the type and duration of medical and labor activity is carried out by a doctor of a stationary institution specifically for each citizen, taking into account his desire, about which an appropriate entry is made in the medical history and an individual card of medical and labor activity.

The medical and labor activity of each citizen is carried out under the supervision and control of a doctor of a stationary institution, and the results of its implementation are recorded in an individual card of medical and labor activity.

The transfer of citizens from one type of medical labor activity to another, an increase in its duration without the permission of a doctor of a stationary institution that controls medical labor activity, as well as without the consent of the citizens themselves, is prohibited.

In stationary institutions, the premises and equipment for medical and labor activities must comply with the requirements of occupational safety and health, as well as be accessible to citizens, taking into account their physical and mental condition and age.

Citizens participating in medical and labor activities are provided, in accordance with the current legislation, with special clothing, special footwear and other personal protective equipment in accordance with established standards, taking into account the type and nature of the activity.

Citizens participating in medical and labor activities are paid a remuneration in the amount of 75 percent of the cost of work performed, with the remaining 25 percent credited to the accounts of stationary institutions in which these citizens live, to be used to improve the material, social and medical services for citizens and other their needs.

The administration of a stationary institution, in cases established by the current legislation, assists in the correct and expedient spending of funds received as a result of medical and labor activities, to those citizens who, due to the characteristics of the disease, cannot rationally spend them.

In the absence of conditions for the organization of medical and labor activities (one of its types) in the inpatient institution itself, such activities can be organized outside it.

The relationship of a stationary institution with other institutions, enterprises and organizations in which medical and labor activities are organized are determined by the agreement concluded between them.

The contract, in particular, provides for the obligations of the institution, enterprise and organization in which medical and labor activities are organized to ensure healthy and safe working conditions, accessibility of jobs for citizens, provision of premises and jobs that comply with sanitary norms and rules, organization of proper sanitary service.

Citizens participating in medical-labor activities must be familiarized in advance with its conditions, the procedure for maintaining and cleaning equipment, apparatus, tools and the workplace, the arrangement of equipment and apparatus and their purpose, rules, norms and instructions for labor protection when performing certain tasks. other types of work. An appropriate note should be made in the individual card of medical and labor activity about the briefing.

It is prohibited to participate in medical and labor activities of citizens who have not undergone training on labor protection in the prescribed manner. Coercion of citizens to medical and labor activity is not allowed.

Quotas are an additional guarantee of the state for the employment of certain categories of citizens who are in particular need of social protection and who experience difficulties in finding a job. Job quotas mean the determination of the minimum number of persons to be employed at a particular enterprise (institution, organization). Quoting is the reaction of the state to negative social phenomena in the sphere of labor relations. To what extent it is substantiated and provided with real mechanisms for correcting these phenomena, we will try to understand further.

In accordance with Article 21 of the Federal Law, for organizations with more than 100 employees, the legislation of the constituent entity of the Russian Federation establishes a quota for hiring disabled people as a percentage of the average number of employees (but not less than 2 and not more than 4 percent).

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, are exempt from mandatory quotas for jobs for disabled people.

Article 21 of the Federal Law establishes the general rule for establishing a quota for hiring disabled people, according to which organizations, regardless of organizational and legal forms and forms of ownership, with more than 100 employees, are set a quota for hiring disabled people as a percentage of the average headcount. employees (but not less than two and not more than four percent). At the same time, job quotas mean the reservation of jobs in organizations of all forms of ownership for the employment of disabled people. Quota - the minimum number of jobs for people with disabilities.

Only public associations of the disabled and enterprises, institutions, organizations, business partnerships and companies, the authorized capital of which consists of the contribution of the public association of the disabled, are exempted from mandatory job quotas.

The procedure for establishing a quota for persons with disabilities is also contained in the legislation of the constituent entities of the Russian Federation. Thus, according to the Law of the Voronezh Region dated May 3, 2005 N 22-OZ "On quotas for jobs for the disabled", the quota is set at 3% of the average number of employees. The Law of the Saratov Region of February 28, 2005 N 20-ZSO "On Establishing a Quota for the Employment of Disabled Persons" provides for the establishment of a quota for the employment of persons with disabilities - two percent of the average number of employees for all organizations located in the region, the number of employees in which is more than 100 people (excluding the number of people working part-time). The Law of the Samara Region of December 26, 2003 N 125-GD "On Quotas for Jobs for the Disabled in the Samara Region" provides that 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.

Within the established quota for each employer, a minimum number of special jobs for the employment of disabled people is established.

In accordance with the Law of the Penza region of June 3, 2003 N 483-ZPO "On quotas for jobs for the disabled in the Penza region", the quota for hiring disabled people is set at 4 percent of the average number of employees. Law of the City of Moscow of December 22, 2004 N 90 "On job quotas" establishes: job quotas are carried out 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, minors aged from 14 to 18 years old, persons from among orphans and children left without parental care, under the age of 23 years, citizens aged from 18 to 20 years old from among graduates of primary and secondary vocational education institutions who are looking for a job for the first time. 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.

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.

The Law of the Astrakhan Region dated December 27, 2004 N 70/2004-OZ “On Establishing a Quota for Employing Disabled Persons for Organizations” establishes that a quota for hiring disabled people in the amount of 3 percent of the average number of employees is set in organizations whose number employing more than 100 people.

In case of non-fulfillment or impossibility of fulfilling the establishment of a quota for hiring disabled people, employers monthly pay to the budgets of the constituent entities of the Russian Federation a mandatory fee for each unemployed disabled person within the established quota. The size and procedure for paying the said fee by employers are determined by the state authorities of the constituent entities of the Russian Federation.

The main problem of social adaptation of people with disabilities lies precisely in the underdevelopment of their sphere of life: vehicles and housing conditions have become notorious in terms of their unsuitability for people with disabilities, while they can effectively search for work only after these key issues have been resolved.

Here lies another problem of our legislation - with the unresolved key issues of the existence of disabled people in modern society, the state poses, in fact, an impossible task for employers, introducing quotas for jobs for disabled people. How can an employer hire a disabled person if the social infrastructure does not even allow the latter to get to work? In this regard, the existing legislation on quotas is repressive in advance: even if the employer undertakes an active search for disabled people to fulfill the quota requirements, it is far from certain that they will agree to work due to their unresolved social and domestic problems. Although from 01.01.2005 a provision was withdrawn from the Federal Law “On the Social Protection of Disabled Persons in the Russian Federation” obliging the employer, in the event of non-fulfillment or impossibility to fulfill the quota for hiring disabled persons, to pay a mandatory fee in the established amount for each unemployed disabled person within the established quota, such a prescription remains in the laws of the constituent entities of the Russian Federation, which, in fact, contradicts federal legislation - albeit at the level of constituent entities, but the legislation on quotas continues to contain a latent prescription for employers to pay certain amounts that do not relate to taxes. It is noteworthy that at present the State Duma of the Russian Federation is considering a bill introduced by the Legislative Assembly of the Penza Region, designed to restore the previously existing situation at the federal level.

3. Special jobs for the employment of disabled people

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 against 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:

List of enterprises, institutions and organizations that create or allocate jobs for the employment of people with disabilities

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

JSC "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

4. Working conditions of disabled people

The working conditions of disabled people are established in the Labor Code of the Russian Federation. At the same time, organizations that use the labor of disabled people must create the necessary working conditions in accordance with an individual program for the rehabilitation of a disabled person. According to Art. 92 of the Labor Code of the Russian Federation, the normal working time is reduced by 5 hours per week - for workers who are disabled of group I or II, and is no more than 35 hours per week with full pay. At the same time, the duration of daily work (shift) for disabled people is established in accordance with a medical report.

Involvement of disabled people in overtime work, work on weekends and at night is allowed only with their consent and provided that such work is not prohibited to them for health reasons. At the same time, persons with disabilities must be informed in writing of their right to refuse overtime work, work on weekends and at night.

Overtime is recognized as work performed by an employee at the initiative of the employer outside the established working hours, daily work (shift), as well as work in excess of the normal number of working hours for the accounting period. Overtime work must not exceed four hours for each employee on two consecutive days and 120 hours per year.

Involvement of employees to work on weekends and non-working holidays is carried out with their written consent in the following cases:

to prevent a production accident, catastrophe, eliminate the consequences of a production accident, catastrophe or natural disaster;

to prevent accidents, destruction or damage to property;

to perform unforeseen work, on the urgent implementation of which the normal operation of the organization as a whole or its individual divisions depends in the future.

Disabled persons are granted annual leave of at least 30 calendar days. Also, for family reasons and other valid reasons, an employee, upon his written application, may be granted unpaid leave, the duration of which is determined by agreement between the employee and the employer. The employer is obliged, on the basis of a written application of the employee, to provide unpaid leave to working disabled people - up to 60 calendar days a year.

As a general rule, when the number or staff of the organization's employees is reduced, the preferential right to remain at work is granted to employees with higher labor productivity and qualifications. With equal labor productivity and qualifications, preference in leaving at work is given to employees who received an industrial injury or occupational disease in this organization, disabled veterans of the Great Patriotic War and disabled combatants in defense of the Fatherland.

The establishment of working conditions for disabled people (remuneration, working hours and rest periods, the duration of annual and additional paid holidays, etc.), which worsen the position of disabled people in comparison with other workers, is not allowed either in collective or in individual labor contracts.

Special working conditions are established not only for persons with disabilities, but in some cases also for persons who bring up children with disabilities or have been disabled since childhood. Sending on business trips, engaging in overtime work, night work, weekends and non-working holidays of employees who have children with disabilities or people with disabilities from childhood until they reach the age of eighteen years are allowed only with their written consent and provided that this is not prohibited by their medical advice. At the same time, they must be familiarized in writing with their right to refuse to be sent on a business trip, to engage in overtime work, work at night, weekends and non-working holidays. In addition, one of the parents (guardian, custodian) to care for children with disabilities and people with disabilities from childhood until they reach the age of eighteen years, upon his written application, is provided with four additional paid days off per month, which can be used by one of these persons or divided between them at their discretion. Women working in rural areas may be granted, upon their written application, one additional day off per month without pay.

5. Problems of employment and vocational training of disabled people in the Russian Federation

According to international legal norms, the policy of states in relation to persons with disabilities should be aimed at preventing the infringement of their human dignity and social exclusion, at creating conditions for the equal and full participation of persons with disabilities in the life of society.

The Standard Rules for the Equalization of Opportunities for Persons with Disabilities, adopted by UN General Assembly Resolution 48/96 of 20 December 1993, provide that states should recognize the principle that persons with disabilities should be able to exercise their human rights, especially in the field of employment. Both in rural areas and in urban areas, they should have equal opportunities to engage in productive and income-generating work in the labor market. Employment laws and regulations must not discriminate against persons with disabilities and must not create obstacles to their employment (paragraph 1 of rule 7).

In comparison with other social groups of persons who are not competitive in the labor market, disabled people experience the greatest difficulties in the process of realizing a formally equal right to work. Disabled women, persons with disabilities of older age groups are exposed to multiple discrimination in the field of employment. Unresolved problems of employment of disabled people reduce their quality of life, entail serious threats of marginalization of the population.

Abroad and in Russia, there are opponents of the establishment of social and legal protection measures for disabled people (for example, quotas for employment), considering them to be “reverse discrimination”. However, the Convention of the International Labor Organization (ILO) of June 20, 1958 N 111 "On Discrimination in the Field of Employment and Occupation" does not include in the concept of discrimination any distinctions, exclusions or preferences resulting in the elimination or violation of equality of opportunity or treatment in the field of labor and occupations (v. 1). Special positive measures aimed at ensuring genuine equality of treatment and opportunities for persons with disabilities and other workers should not be considered discriminatory against other workers (arts. 2, 4 of the ILO Convention of June 20, 1983 N 159 on the vocational rehabilitation and employment of disabled people) .

International law provides for the promotion of employment of persons with disabilities both in the open (free) labor market and in the closed one (in specialized organizations intended for persons with disabilities).

The ILO recommends measures to create employment opportunities for persons with disabilities in the free labor market, including financial incentives for entrepreneurs to encourage their activities in organizing vocational training and subsequent employment of persons with disabilities, reasonable accommodation of workplaces, work operations, tools, equipment and work organization to facilitate such training and employment for persons with disabilities, as well as government assistance in the creation of specialized enterprises for persons with disabilities who do not have a real opportunity to get a job in non-specialized organizations. This can improve the employment situation of disabled people working in them and, if possible, prepare them for work under normal conditions (subparagraphs “a”, “b”, “c”, paragraph 11 of the ILO Recommendation of June 20, 1983 N 168 on professional rehabilitation and employment of the disabled) .

The European Social Charter (as amended in 1996) obliges States to actively promote the employment of persons with disabilities by encouraging entrepreneurs in every possible way to employ such persons, use them in a normal working environment and adapt working conditions to the needs of the disabled, and where this is not possible, create special jobs and production sites for the disabled (clause 2, article 15).

In December 2006, the UN General Assembly adopted a comprehensive and unified Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities, which has been open for signing and ratification by member states since March 30, 2007 and should become the first international human rights treaty in the 21st century. According to this act, discrimination on the basis of disability means any distinction, exclusion or restriction on the basis of disability, the purpose or effect of which is to impair or deny the recognition, enjoyment or exercise, on an equal basis with others, of all human rights and fundamental freedoms in the political, economic, social, cultural or any other area (v. 2). This definition corresponds to the concept of negative (negative) discrimination against persons with disabilities, which requires elimination.

The Convention on the Protection of the Rights of Persons with Disabilities emphasizes the principle of non-discrimination. It is derived from the proclaimed principle of respect for the inherent dignity, personal autonomy, independence of a person, including the freedom to make one's own choice, and is developed in other general principles of the Convention on the Protection of the Rights of Persons with Disabilities (Article 30). Confirmed that specific measures necessary to accelerate or achieve de facto equality for persons with disabilities are not considered discrimination within the meaning of this Convention (art. 5) .

In the area of ​​work and employment, the Convention on the Protection of the Rights of Persons with Disabilities recognizes the right of persons with disabilities to work on an equal basis with others. It includes the right to be able to earn a living in a job that is freely chosen or accepted in the labor market, and a work environment that is open and inclusive and accessible to persons with disabilities. States Parties should take appropriate measures, including in the field of legislation, to prohibit discrimination on the basis of disability in all matters relating to employment, including conditions of employment, employment and employment, continuity of employment, promotion, reasonable accommodations for persons with disabilities in the workplace (art. 27).

In domestic jurisprudence, the provision of social and legal protection measures (additional guarantees) to persons with disabilities in the field of employment usually correlates with the concept of differentiation in the legal regulation of labor based on such a subjective factor as health status. Based on Art. 3 of the Labor Code of the Russian Federation, restrictions on hiring, taking into account the state of health of disabled people, the establishment of rehabilitating working conditions for them, guarantees in the field of working time and rest time, and a preferential right to conclude an employment contract on home work are not discrimination.

According to official data, the number of disabled people in Russia exceeds 11 million, and only 15% of disabled people of working age are "involved in professional activities." Based on the system of multidisciplinary rehabilitation of the disabled, the Federal Target Program "Social Support for the Disabled for 2006-2010" plans to slow down the process of disability of the population, to return about 800 thousand disabled people to professional, social, household activities, while during 2000-2005. 571.2 thousand people were rehabilitated. It is planned to increase production capacities, strengthen the material and technical base and technical re-equipment, modernize the enterprises of the All-Russian Society of the Disabled, the All-Russian Society of the Blind, the All-Russian Society of the Deaf, the All-Russian Organization of the Disabled War in Afghanistan, the creation of at least 4,250 workers at enterprises owned by all-Russian organizations of the disabled. places at the expense of the federal budget and extrabudgetary funds.

At present, the Russian labor market continues to have a tendency to reduce the number of working disabled people that emerged during the transition to the market. Persons with disabilities face various manifestations of discrimination in employment. Many employers and employees perceive people with disabilities solely as a burden on the job. Often this is psychologically due to a lack of understanding of the situation of people with disabilities, their needs and opportunities. There is a lack of information on the extent to which employers fund the provision of statutory guarantees for individuals who have difficulty finding work. Thus, A. Nikonov, an erudite and author of sensational books about the fate of civilizations, regards the employment of a pregnant woman as nothing more than an act of charity on the part of the employer, erroneously claiming that the employer pays for maternity leave due to a woman.

Relevant for Russia are the provisions of the Convention on the Protection of the Rights of Persons with Disabilities on the need to take immediate, effective and appropriate measures in order to: a) raise awareness in society as a whole about persons with disabilities and strengthen respect for their rights and dignity; b) combat stereotypes, prejudices and harmful practices against persons with disabilities, including on the basis of gender and age, in all situations of life; c) expand understanding of the potential and contribution of persons with disabilities (art. 8). The development and implementation of such measures (educational campaigns, training programs, etc.) should help overcome the phenomena of social Darwinism in society, which have intensified in a market economy.

The employment of disabled people is complicated by the fact that most of them need special working conditions. The tax incentives established by federal law for employers who use the labor of disabled people and organize their training do not compensate for the required expenses. The problems of financial support, as well as the organization of activities to create special jobs for the disabled, have become aggravated in the context of the ongoing budgetary and administrative reform, the transfer of powers of federal authorities in the field of employment to the regional level. In the constituent entities of the Russian Federation, data banks of people with disabilities who want to work are being formed, the financial opportunities for special employment are determined based on the estimated cost of jobs for people with disabilities. The mechanism of cooperation between regional authorities and employers in the field of employment of disabled people is in its infancy. The measures taken in the constituent entities of the Russian Federation to subsidize projects of entrepreneurs on a competitive basis to create jobs for the disabled, otherwise stimulate the socially responsible behavior of employers, and use social partnership tools in the field of employment of persons with disabilities are attracting attention and deserve wider application.

In the open labor market, in the interests of small businesses, from January 1, 2005, the standard for the number of employees for quotas for the employment of disabled people was increased from 30 to 100 people, which led in some constituent entities of the Russian Federation to reduce the number of employers obliged to employ disabled people to several percent of their total number. Therefore, it is positive that in February 2007 the State Duma approved a draft law on lowering the bar for the minimum number of employees for quoting jobs for the disabled to 50 people.

On the other hand, it seems unreasonable to restore the norm on the obligation of the employer to make a payment in the amount of the subsistence minimum to the budget of the constituent entity of the Russian Federation for each disabled person who is not employed at the expense of the quota. The time has come to oblige employers to directly employ persons with disabilities, to guarantee employers, within the established limits, reimbursement of expenses for creating working conditions for persons with disabilities in accordance with individual rehabilitation programs. It is necessary to strengthen control over the spending of funds that can be accumulated in the fund for the employment of disabled people, as well as over the quality of quota jobs, and not allow discrimination against disabled people on the basis of wages.

In some comments on the controversial norm on the mandatory payment for refusing to hire a disabled person on account of the quota, it was said that when it is introduced, employers will not be able to brush off disabled people. But is it? In most cases, employers will just prefer a low payment to real employment of disabled people, discriminating against disabled people by refusing to conclude an employment contract.

The fee seems justified only if there are exceptional grounds that should be fixed by law, taking into account the accumulated regional experience in resolving these issues. The specification of these grounds is necessary, in addition, to solve the problems of bringing to administrative responsibility employers guilty of refusing to hire disabled people within the established quota (clause 1, article 5.42 of the Code of Administrative Offenses) .

It is also noteworthy that the amount of administrative fines for violations of labor legislation for disabled persons exceeds the payment for non-compliance with quota norms. If used appropriately, these fines could also serve to resolve the financial problems of quoting jobs for people with disabilities. In Ukraine, for example, quotas for jobs for people with disabilities are mandatory for organizations with more than 8 employees, controlled by the Social Protection Fund for the Disabled, which operates at the expense of budgetary funds, voluntary contributions, administrative fines and is used to solve the problems of employment of people with disabilities throughout the state .

There is a place for discrimination against disabled people in the closed labor market. Some support measures are provided to all-Russian associations of the disabled, their organizations and institutions (for example, tax benefits provided for in paragraph 3 of article 381, paragraph 5 of article 395 of the Tax Code of the Russian Federation) and are not established for regional, local associations of disabled people, their organizations and institutions. The legal literature reasonably indicates that it does not comply with the norms of international labor law and, ultimately, discriminates against disabled people that the solution of issues of state support for the same category of disabled citizens depends on the status of a public organization.

In practice, disabled people cannot compete with healthy workers in terms of the cost of their products and services, despite their high quality. In order to preserve jobs for disabled people, the Federal Law of the Russian Federation of July 21, 2005 N 94-FZ “On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs” establishes some advantages when placing orders for all-Russian organizations of disabled people in regarding the proposed contract price. But the guarantees of obtaining such orders are insufficient, and the main problem for specialized enterprises of the disabled is the provision of jobs for the disabled. In this regard, the draft federal law “On State Support for Public Associations of the Disabled” deserves attention, which provides for the reservation for these associations of a certain share of state orders for the performance of certain types of services, the production and supply of certain types of products for state needs, as well as the involvement of organizations of persons with disabilities in the implementation of state social order.

The norms of draft laws that do not meet international legal standards, as well as the remaining vacuum in the legal regulation of some pressing issues of employment of disabled people, limit the right of disabled people to work.

Thus, the head of the Center of the Institute of Economics of the Russian Academy of Sciences E. Gontmakher, not without reason, complains that the draft List of diseases prepared by the Ministry of Health and Social Development that impedes admission to the state civil service or its passage is at odds with the norms of the Convention on the Protection of the Rights of Persons with Disabilities and world practice. The draft does not say anything, for example, about venereal diseases that impede public service, but contains prohibitions on this employment for persons suffering from pituitary dwarfism, the visually impaired and those who move in a wheelchair; the need to create special working conditions for disabled people is not taken into account.

The issues of reserving jobs for the disabled are not fully resolved in Russian legislation. At the federal level, Decree of the Ministry of Labor of the Russian Federation of September 8, 1993 N 150 approved the List of priority professions for workers and employees, mastering which gives disabled people the greatest opportunity to be competitive in regional labor markets (engraver, dispatcher, lawyer, etc., more than 100 professions in total). At the same time, people with disabilities have the right to freely choose a profession that is available to them for health reasons, and when filling vacancies, especially in conditions of market competition, proper qualifications of workers are required.

It would be expedient, through the mediation of the employment service, to reserve jobs within the quota for disabled people undergoing vocational training, retraining in the professions recommended by them and required by the organization. In addition, the federal draft law “On the First Employment” should take into account the interests of young disabled people from among the graduates of institutions of the vocational education system in order to provide them with the opportunity to conclude an employment contract with employers for duly reserved jobs.

Conclusion

The main problem in the field of labor and employment is still the lack of interest of the employer in hiring disabled people, creating working conditions for disabled people in accordance with individual rehabilitation programs.

Low competitiveness in the labor market, imbalance in the supply and demand of the labor force (the educational and professional level of training of disabled people does not meet the requirements of employers), the inconsistency of the proposed working conditions with the indications for work recommended for disabled people, low wages and its irregular payment for vacancies declared for disabled people - all These factors have a negative impact on the process of employment of people with disabilities.

It should be noted that the employment of people with disabilities is associated with certain problems and material costs, in particular, this should include the need to create specialized jobs or production sites, the use of flexible, non-standard forms of labor organization, the use of home work, etc. However, measures for the professional and labor rehabilitation of disabled people are economically and socially justified.

Additional financial and economic measures are needed to bring out of the crisis specialized enterprises that use the labor of disabled people. These measures should help increase the competitiveness of the products of these enterprises, increase production volumes, maintain existing and increase (create) new jobs for people with disabilities.

The development of legal regulation in the field of social protection of disabled people will be largely due to the formation of a domestic legal framework and, as a result, a system of legislation. Relations on the social protection of disabled people for a long time were considered mainly the subject of legal regulation of "social security law", to a lesser extent - medical, educational and other branches of law.

With the adoption of the 1993 Constitution, new approaches appeared that led to a positive perception of the idea of ​​social law. The criteria for determining the subject of legal regulation of this industry, researchers include the totality of social rights declared by international legal norms, as well as the allocation of a range of relations for the provision of material benefits by society to its members in cases of social risks, which, due to their social significance, cause an objective need to ensure social security of a person. .

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For disabled people looking for a job, special employment programs have been created. With the help of these programs, it is possible to receive additional education and get a desired job.

Direct employment and vocational training for persons with disabilities provided by a special state program of guarantees which in particular includes:

• legally established quotas for hiring subjects who are disabled;
• the implementation of the reservation of jobs in the specialties that are most suitable for the effective employment of subjects who are disabled;
• creation of this category of subjects, the necessary conditions for the implementation of labor activity in accordance with an individually developed rehabilitation program;

In addition, actively used various kinds of economic incentives which, for example, include:

• conducting a preferential credit and financial policy in relation to special enterprises that use the labor of disabled people;

stimulation of the formation by enterprises of various kinds of jobs of an additional type, for the implementation of the employment of subjects who are disabled;

• creation of the necessary conditions for the implementation of this category of subjects of active entrepreneurial activity.

Employment and vocational training for people with disabilities

Professional training of subjects, who are disabled, can be carried out in various educational institutions, both general and special profile.

In addition, the vocational training of the aforementioned subjects can be carried out directly at the place where they carry out their labor activity. In this case, the training is carried out in accordance with an individually developed program for the rehabilitation of these subjects (individual schedule, external studies, distance learning, etc.).

First of all, vocational training or retraining of persons with disabilities is carried out in professions and specialties of a priority nature, the development of which allows these subjects to be sufficiently competitive in modern employment markets.

Ensuring the employment of disabled people - quotas

As regards the statutory quotas provided by the program for the employment of persons with disabilities, the following circumstances should be noted. Those organizations in which the number of personnel exceeds thirty people, the quota for hiring subjects who are disabled, is calculated as a percentage of the average number of employees.

Associations of the disabled of various kinds of public type, as well as organizations founded by them, whose authorized capital is made up of the actual contribution of this public association, subject to exemption from mandatory quota jobs for subjects who are disabled.

In that case, if the employer did not provide or was not able to provide fulfillment of the established quota for the employment of disabled persons, then he is obliged to make mandatory payments to the state budget on a monthly basis for each unemployed subject who is disabled within the prescribed quota.

Some features of the employment of people with disabilities

The Disability Employment Program provides that, in certain statutory cases, the employer is obliged to employ subjects who are disabled and, based on medical recommendations, to establish for them part-time work and other preferential conditions for working.

In addition, the employment and vocational training of persons with disabilities implies that workplaces for persons with disabilities must comply with special requirements that apply to workplaces for this category of persons, depending on the disability group assigned to them.

Production Vocational training and employment of the disabled

Rehabilitation Services for the Disabled

Federal Law of November 24, 1995 ᴦ. "On social protection of disabled people in the Russian Federation" consolidated the provision that the state guarantees disabled people the necessary conditions for obtaining education and training (Article 9).

Vocational training of the disabled is carried out in accordance with the individual rehabilitation program in educational institutions of general and special type, as well as directly at enterprises. Upon admission to secondary specialized and higher educational institutions, they enjoy certain benefits - they are enrolled regardless of the admission plan.

For disabled people who need special conditions for receiving vocational education, special vocational educational institutions of various types are created or appropriate conditions are created in vocational educational institutions of a general type.

When receiving vocational education disabled people are given the opportunity to study on an individual schedule. Disabled people also use distance learning, external study practice, as well as homeschooling. During the period of study, a scholarship is paid in an increased amount.

Vocational training of disabled people is also carried out in special educational institutions of the system of the Ministry of Health and Social Development of Russia. In accordance with Decree of the President of the Russian Federation of March 25, 1993 ᴦ. "On measures for vocational rehabilitation and employment of disabled people" The Ministry of Health and Social Development of Russia, the Ministry of Education and Science of the Russian Federation, the State Committee of the Russian Federation for Higher Education were proposed to organize vocational training and retraining of disabled people in subordinate educational institutions, primarily in priority professions and specialties, mastering which gives disabled people the greatest opportunity to be competitive in regional labor markets.

The list of such priority professions has been approved Decree of the Ministry of Labor of the Russian Federation of September 8, 1993 ᴦ., which states that when teaching disabled people in all types of educational institutions, medical instructions and contraindications for admission to training and recommendations of the MSEC must be observed.

Vocational training of disabled people can also be carried out directly at work. It has a number of advantages due to the presence of a wide production base at enterprises and the possibility of choosing professions, a reduction in training time, and a higher level of material support during training. In general, all types of vocational training for disabled people is a necessary measure to ensure that they have a real opportunity to get a job, taking into account their state of health and the degree of disability.

The right of persons with disabilities to employment is ensured by the introduction of additional guarantees enshrined in Law of November 24, 1995 ᴦ., as well as in the Law of the Russian Federation "On Employment in the Russian Federation" with changes and additions:

1) implementation of a preferential financial and credit policy in relation to special enterprises employing the labor of disabled people;

2) setting a quota for hiring disabled people;

3) reservation of jobs in professions most suitable for the employment of disabled people;

4) stimulating the creation of additional jobs by enterprises for the employment of disabled people;

5) creation of working conditions for the disabled in accordance with the individual rehabilitation program;

6) creation of conditions for entrepreneurial activity;

7) organizing training for disabled people in new professions.

The law obliges local authorities to ensure the creation of additional jobs and specialized enterprises for the employment of disabled people. The legislation establishes for organizations, regardless of organizational and legal forms and forms of ownership, employing more than 30 people, quotas for the employment of disabled people. Public associations of disabled people and organizations owned by them, business partnerships and companies, the authorized capital of which consists of the contribution of public associations of disabled people, are exempt from mandatory quotas. The executive authorities of the constituent entities of the Russian Federation have the right to establish a higher quota for hiring disabled people.

If enterprises do not comply with the quota for hiring disabled people, they pay a mandatory fee to the State Employment Fund. At the same time, certain measures are also applied to create an enterprise's interest in hiring disabled people. They are provided with tax benefits, in addition, compensations are paid from local budgets and other sources to cover income lost as a result of the employment of disabled people.

In solving the problems of employment of the disabled, an important role belongs to the municipal centers of social services. In accordance with Federal Law of the Russian Federation of August 2, 1995 ᴦ. "On social services for the elderly and disabled"(Article 28) they have the right to create workshops, production workshops, subsidiary farms and necessary industries specifically for the employment of disabled and elderly citizens. Such workshops, workshops and other industries are under the jurisdiction of the administrations of municipal social service centers. The bodies of social protection of the population are directly involved in the issues of employment of disabled people.

Law of November 24, 1995 ᴦ. provides that all disabled people employed in enterprises, institutions and organizations must be provided with the necessary special working conditions in accordance with an individual rehabilitation program (Article 223).

Special jobs for the employment of disabled people— these are workplaces that require additional measures to organize labor, including the adaptation of the main and auxiliary equipment, technical and organizational, additional equipment and the provision of technical devices, taking into account the individual capabilities of people with disabilities.

In cases stipulated by law, the administration is obliged to employ disabled people and, in accordance with medical recommendations, establish for them part-time work and other preferential working conditions. Disabled people of groups I and II are provided with a reduced working day (no more than 35 people per week), annual paid leave (at least 30 calendar days).

Jobs for the disabled at enterprises and organizations must comply with the special requirements for jobs for the disabled, depending on the degree of disability.

Bodies of social protection of the population take the necessary measures to realize the possibility of disabled people to work. Today, when the problems of employment in general and the employment of disabled people in particular have become aggravated, there is a need to expand the necessary work of disabled people.

In accordance with Decree of the Government of the Russian Federation of December 26, 1996 ᴦ. No. 1285 “On approval of the procedure for the participation of elderly citizens and disabled people living in social service institutions in medical and labor activities” in stationary institutions of social service, special jobs are created for persons living in them and having residual working capacity. The medical and labor activity of citizens in stationary institutions is carried out under the guidance of labor instructors and instructors for training workers in accordance with schedules and individual rehabilitation programs.

The determination of the type and duration of medical and labor activity is carried out by a doctor of a stationary institution specifically for each citizen, taking into account his desire. The duration of medical and labor activity should not exceed 4 hours a day.

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Primary, secondary and higher vocational education for disabled people

Guarantees for disabled people in the field of education

The following guarantees have been established in the field of education for persons with disabilities.

1. Necessary conditions for education and training:

The general education of the disabled is carried out with exemption from payment both in general educational institutions equipped, if necessary, with special technical means, and in special educational institutions.

2. Ensuring education in accordance with an individual program for the rehabilitation of a disabled person:

main general;

average (full) general

initial professional;

secondary professional;

higher professional.

3. For disabled people who need special conditions for receiving vocational education:

Creation of special vocational educational institutions of various types and types or appropriate conditions in vocational educational institutions of a general type.

The special conditions of these educational institutions should ensure the implementation of individual rehabilitation programs for the period of training of disabled people and consist of the following:

adaptation of premises, furniture, equipment to the capabilities of the disabled and in accordance with the requirements of barrier-free architecture;

adaptation of training programs to the psychophysiological characteristics of the disabled, pedagogical correction of the educational process.

4. Vocational training and vocational education for persons with disabilities:

In special vocational educational institutions for the disabled, they are carried out in accordance with federal state educational standards on the basis of educational programs adapted for the training of disabled people.

5. Security:

disabled people with exemption from payment or on preferential terms with special teaching aids and literature;

disabled people the opportunity to use the services of sign language interpreters.

6. Providing additional benefits and opportunities for education:

at the level of the Russian Federation;

in individual subjects of the Russian Federation.

7. The right to repeated free vocational education, in accordance with paragraph 7 of Art.

"Citizens of the Russian Federation have the right, in accordance with the established procedure, to repeatedly receive free vocational education in the direction of the state employment service, in case of loss of the opportunity to work in their profession, specialty, in the event of an occupational disease and (or) disability, in other cases provided for by the legislation of the Russian Federation."

Features of admission of disabled people to universities

Order of the Ministry of Education and Science of the Russian Federation dated December 28, 2011 No. 2895 "On Approval of the Procedure for Admission of Citizens to Educational Institutions of Higher Professional Education" provides that the admission of citizens with disabilities can be carried out:

According to paragraph 3.4, the admission of citizens with disabilities can be carried out both on the basis of the results of the Unified State Examination, and on the basis of the results of entrance examinations conducted by the university independently (in the absence of the results of the Unified State Examination), the specifics of which are established by Chapter VI of this Procedure.

Persons with disabilities in this case include persons with disabilities in physical and (or) mental development:

• hard of hearing;

• visually impaired;

  with severe speech disorders;

  with disorders of the musculoskeletal system;

  others, including disabled children, disabled people.

"The admission committee on the official website of the higher educational institution and at the information stand before the start of accepting documents, no later than February 1, places information signed by the chairman of the selection committee on the features of conducting entrance examinations for citizens with disabilities" (clauses 21-21.1).

"Persons with disabilities, when submitting an application, provide, at their discretion, the original or a photocopy of a document confirming their disabilities.

Children with disabilities, disabled people of groups I and II, who at the time of enrollment in accordance with paragraph 3 of Article 16 of the Law of the Russian Federation "On Education" have the right to be admitted to higher educational institutions out of competition, subject to successful completion of entrance examinations, provide the conclusion of the federal medical institution social expertise on the absence of contraindications for studying in the relevant educational institutions" (p. 29).

Features of conducting entrance examinations to universities

Features of conducting entrance examinations to universities for various categories of disabled people are specifically defined in the document "Procedure for the admission of citizens to educational institutions of higher professional education", approved by order of the Ministry of Education and Science of the Russian Federation of December 28, 2011 N 2895, and specifically - in chapter VI. Features of conducting entrance examinations for citizens with disabilities.

Special vocational educational institutions for the disabled?

On the basis of the order of the Ministry of Education of the Russian Federation dated May 24, 2004 No. 2356 “On federal head and district educational and methodological centers for the training of disabled people”, a system of educational institutions was created for vocational training of disabled people, including:

Federal Head Centers for the Training of the Disabled

for the training of disabled people with hearing impairment - the state educational institution of higher professional education "Moscow State Technical University named after N.E. Bauman";

for the training of disabled people with a violation of the musculoskeletal system, — State Educational Institution of Higher Professional Education "Moscow State Humanitarian Boarding Institute";

for the training of disabled people with visual impairment - the state educational institution of higher professional education "Russian State Pedagogical University named after A.I. Herzen" (St. Petersburg);

for continuous professional education of disabled people with developmental disorders of various etiologies - the state educational institution of higher professional education "Novosibirsk State Technical University";

for the training of disabled people with developmental disorders of various etiologies, for pedagogical specialties - the state educational institution of higher professional education "Moscow State Pedagogical University".

District educational and methodological centers for the education of the disabled

Eligibility of Persons with Disabilities for Enhanced Scholarships

In accordance with paragraph 3 of Art. 16 of the Federal Law of August 22, 1996 No. 125-FZ “On Higher and Postgraduate Professional Education”, students of federal state higher educational institutions studying full-time and receiving education at the expense of the federal budget are provided with scholarships in the amount of 1,100 rubles.

For disabled students of groups I and II, the amount of the scholarship is increased by 50%.

Forms of vocational training for unemployed disabled people

Vocational training for unemployed disabled people can be carried out in the following forms:

vocational training to accelerate the acquisition of the skills necessary to perform a particular job;

training a disabled person with a profession in a second profession to expand their professional profile and gain opportunities to work in a combined profession;

advanced training of a disabled person in order to update theoretical and practical knowledge in connection with the increased requirements for the level of qualifications and the need to master new ways of solving professional problems;

internship for the formation and consolidation in practice of theoretical knowledge, skills and abilities;

advanced training in order to increase professional skills and increase competitiveness in the profession available to a disabled person, as well as the study of new equipment, technology and other issues in the profile of professional activity.

Unemployed people with disabilities have the right to receive vocational training in the specified forms on a priority basis.

Federal Law of November 24, 1995 "On the Social Protection of the Disabled in the Russian Federation" consolidated the provision that the state guarantees disabled people the necessary conditions for obtaining education and training (Article 9).

Vocational training of the disabled is carried out in accordance with the individual rehabilitation program in educational institutions of general and special type, as well as directly at enterprises. Upon admission to secondary specialized and higher educational institutions, they enjoy certain benefits - they are enrolled regardless of the admission plan.

For disabled people who need special conditions for receiving vocational education, special vocational educational institutions of various types are created or appropriate conditions are created in vocational educational institutions of a general type.

When receiving vocational education disabled people are given the opportunity to study on an individual schedule. Disabled people can also use distance learning, external study practice, as well as homeschooling. During the period of study, a scholarship is paid in an increased amount.

Vocational training of disabled people is also carried out in special educational institutions of the system of the Ministry of Health and Social Development of Russia. In accordance with Decree of the President of the Russian Federation of March 25, 1993 "On measures for vocational rehabilitation and employment of disabled people" The Ministry of Health and Social Development of Russia, the Ministry of Education and Science of the Russian Federation, the State Committee of the Russian Federation for Higher Education were proposed to organize vocational training and retraining of disabled people in subordinate educational institutions, primarily in priority professions and specialties, mastering which gives disabled people the greatest opportunity to be competitive in regional labor markets.

The list of such priority professions has been approved Decree of the Ministry of Labor of the Russian Federation of September 8, 1993 No., which states that when teaching disabled people in all types of educational institutions, medical instructions and contraindications for admission to training and recommendations of the MSEC must be observed.

Vocational training of disabled people can also be carried out directly at work. It has a number of advantages due to the presence of a wide production base at enterprises and the possibility of choosing professions, a reduction in training time, and a higher level of material support during training. In general, all types of vocational training for disabled people is a necessary measure to provide them with a real opportunity to get a job, taking into account the state of health and the degree of disability.

The right of persons with disabilities to employment is ensured by the introduction of additional guarantees enshrined in Law of November 24, 1995, as well as in the Law of the Russian Federation "On Employment in the Russian Federation" with changes and additions:

1) implementation of a preferential financial and credit policy in relation to special enterprises employing the labor of disabled people;

2) setting a quota for hiring disabled people;

3) reservation of jobs in professions most suitable for the employment of disabled people;

4) stimulating the creation of additional jobs by enterprises for the employment of disabled people;

5) creation of working conditions for the disabled in accordance with the individual rehabilitation program;

6) creation of conditions for entrepreneurial activity;

7) organizing training for disabled people in new professions.

The law obliges local authorities to ensure the creation of additional jobs and specialized enterprises for the employment of disabled people. The legislation establishes for organizations, regardless of organizational and legal forms and forms of ownership, employing more than 30 people, quotas for the employment of disabled people. Public associations of the disabled and organizations owned by them, business partnerships and companies whose charter capital consists of the contribution of public associations of the disabled are exempt from mandatory quotas. The executive authorities of the constituent entities of the Russian Federation have the right to establish a higher quota for hiring disabled people.

If enterprises do not comply with the quota for hiring disabled people, they pay a mandatory fee to the State Employment Fund. At the same time, certain measures are also applied to create an enterprise's interest in hiring disabled people. They are provided with tax benefits, in addition, compensations are paid from local budgets and other sources to cover income lost as a result of the employment of disabled people.

In solving the problems of employment of the disabled, an important role belongs to the municipal centers of social services. In accordance with Federal Law of the Russian Federation of August 2, 1995 "On social services for the elderly and the disabled"(Article 28) they have the right to create workshops, production workshops, subsidiary farms and home-based industries specifically for the employment of disabled and elderly citizens. Such workshops, workshops and other industries are under the jurisdiction of the administrations of municipal social service centers. The bodies of social protection of the population are directly involved in the employment of disabled people.

The law of November 24, 1995 provides that all disabled people employed in enterprises, institutions and organizations must be provided with the necessary special working conditions in accordance with an individual rehabilitation program (Article 223).

Special jobs for the employment of disabled people- these are jobs that require additional measures for the organization of labor, including the adaptation of the main and auxiliary equipment, technical and organizational, additional equipment and the provision of technical devices, taking into account the individual capabilities of the disabled.

In cases stipulated by law, the administration is obliged to employ disabled people and, in accordance with medical recommendations, establish for them part-time work and other preferential working conditions. Disabled people of groups I and II are provided with a reduced working day (no more than 35 people per week), annual paid leave (at least 30 calendar days).

Jobs for the disabled at enterprises and organizations must comply with the special requirements for jobs for the disabled, depending on the degree of disability.

Bodies of social protection of the population take the necessary measures to realize the possibility of disabled people to work. At present, when the problems of employment in general and the employment of disabled people in particular have become more acute, there is a need to expand the home work of disabled people.

In accordance with Decree of the Government of the Russian Federation of December 26, 1996 No. 1285 “On approval of the procedure for the participation of elderly citizens and disabled people living in social service institutions in medical and labor activities” in stationary institutions of social service, special jobs are created for persons living in them and having residual working capacity. The medical and labor activity of citizens in stationary institutions is carried out under the guidance of labor instructors and instructors for training workers in accordance with schedules and individual rehabilitation programs.

The determination of the type and duration of medical and labor activity is carried out by a doctor of a stationary institution specifically for each citizen, taking into account his desire. The duration of medical and labor activity should not exceed 4 hours a day.

In accordance with Art. 19 of the Federal Law of November 24, 1995 No. No. 181-FZ "On the social protection of disabled people in the Russian Federation" - the state provides disabled people with basic general, secondary (complete) general education, primary vocational, secondary vocational and higher professional education in accordance with an individual program for the rehabilitation of a disabled person.

Training can be organized in full-time, part-time, evening and distance forms. For disabled people, educational institutions practice various forms of organizing the learning process: on an individual basis, homeschooling, an individual exam schedule, an increase in the duration of training, etc.

According to Art. 71, part 5 of December 29, 2012 Federal Law No. 273-FZ "On Education in the Russian Federation" (with amendments and additions), from September 1, 2013, children with disabilities, disabled people of groups I and II, are enrolled in universities out of competition within quotas (at least 10% of budget places ), and all other categories of beneficiaries are enrolled in the preparatory departments of universities. Free education at the preparatory department of the university is allowed only once,.

Vocational training (retraining) and advanced training of unemployed citizens may be carried out at the direction of the employment service, if:

• - the citizen does not have a profession (specialty);
• - it is impossible to find a suitable job because the citizen does not have the necessary professional qualifications;
• - it is necessary to change the profession (specialty, occupation) due to the lack of work that meets the citizen's professional skills;
• - the citizen has lost the ability to perform work in the former profession (specialty).
• - Unemployed persons with disabilities have the right to undergo vocational training, retraining and advanced training on a priority basis.
• - When the employment service authorities send unemployed people with disabilities for vocational training, retraining and advanced training in another locality, they are provided with financial support, including:
• - payment of the cost of travel to the place of study and back;
• - per diem expenses during the journey to the place of study and back;
• - payment for renting housing for the duration of training.

Specialized educational institutions have as their goal the preparation of competitive specialists with secondary vocational education and workers with primary vocational education from among the disabled. Training is conducted in the professions that are in demand on the labor market and are recommended for the employment of disabled people.

Educational institutions simultaneously work in 3 areas: vocational rehabilitation, social rehabilitation, medical support, i.e. in addition to specially equipped classrooms, such educational institutions have rooms for psychological diagnostics and psychological relief, libraries, sports and gyms, rooms for social and household adaptation, massage rooms, first-aid posts with modern equipment.

Most specialized educational institutions can enroll not only disabled children, but also disabled adults. The enrolled disabled students are on state support - free education, meals, accommodation in a hostel, medical care. Upon completion of training, a state diploma is issued.

Admission to educational institutions of any level, regardless of their territorial affiliation, is carried out in accordance with the recommendations for vocational training formed in the individual rehabilitation program. Everyone who wants to enter educational institutions in advance of submitting documents to the selection committee should contact the Bureau of Medical and Social Expertise to develop measures for vocational rehabilitation.

The Ministry of Education and Science of the Russian Federation has developed a portal of information and methodological support for inclusive higher education.

The Ministry of Education and Science of the Russian Federation reported that in order to increase the effectiveness of the implementation of measures to ensure the accessibility of vocational education for people with disabilities, a portal of information and methodological support for inclusive higher education (www.wil.ru) has been developed.

It is recommended to use the portal to obtain up-to-date data, information on normative and methodological documents, as well as exchange of experience in the field of inclusive higher education. The portal, among other things, contains information obtained during the annual monitoring of the Ministry of Education and Science of Russia on the availability of conditions for persons with disabilities to receive higher education (in particular, on adapted educational programs) at universities located in specific regions of the Russian Federation, on the availability of barrier-free environment, material and technical equipment, availability of support specialists, use of distance learning technologies.

Also, in order to improve the quality of higher education for people with disabilities and persons with disabilities (HIA), the www.umcvpo.ru portal has been created, which provides information and technological support for distance learning for this category of students.

The portal contains regulatory legal documents, materials of conferences and seminars, video recordings of events, an archive of video lectures and webinars, materials for advanced training courses, information about projects and events aimed at the socialization of persons with disabilities. Portal visitors have the opportunity to view events online, access to scientific and educational resources and electronic catalogs. The electronic library allows access to educational and scientific literature, to the emerging unified all-Russian collection of methodological materials for teaching students with disabilities and disabilities.

In accordance with the legislation in force in the country, restrictions on labor duties and rights of citizens, as well as the provision of benefits, are not allowed. This prescription is valid, regardless of race and gender, social status. The Labor Code establishes that disabled people have equal rights with other citizens to work. This possibility is also provided for in Federal Law No. 181. Let us further consider the problems of employment of disabled people.

General information

In Art. 21 of the above Federal Law establishes that enterprises must introduce a certain quota. Employment of disabled people is carried out in organizations with more than 100 people in the amount of 3% of the average number of employees. This figure has been established since 2009. Until 2004, enterprises that did not employ people with disabilities had to pay a fine to the state for each such person. However, these payments were cancelled. The legislation in force today establishes fines for the refusal of enterprise managers to employ disabled people within the current quota. This liability is provided for in Art. 5.42 of the Code of Administrative Offenses.

Limitation

The legislation allows an exception in which the employer has the right to refuse the applicant. In accordance with Art. 3, part 3 of the Labor Code, the right to employ disabled people for work may be limited if this is due to the need to provide care for persons who need enhanced social protection. In other words, if the proposed activity could cause harm to a citizen, then it will be denied.

Important point

The organization of employment of disabled people is carried out in accordance with the recommendations of ITU experts. According to Art. 182 when a citizen is transferred to a position with a lower pay in accordance with a medical report, he must retain the average earnings in the previous place for a month. If these events are related to an occupational disease, an injury received in the performance of their duties, or other injuries associated with them, then such payment of remuneration is carried out until the official disability is established or until the employee recovers.

Employment and employment of persons with disabilities

When enrolling a person with disabilities, it must be taken into account that such a person needs special conditions and additional guarantees. The employment program for the disabled is implemented in practice with the support of social protection organizations and medical experts. Compliance is usually the responsibility of the Human Resources Department or the Occupational Safety Engineer. The employment of unemployed disabled people is carried out taking into account recommendations on the permissible level of noise, electromagnetic radiation, dust, etc. The conditions that are provided to citizens should not worsen their position in relation to other employees. This, in particular, is about salary, mode of activity and rest, the duration of annual paid leave, additional days (time off, etc.).

Employment Center for the Disabled

This organization keeps records of citizens with disabilities, provides them with assistance, and also cooperates with enterprises. Vocational training and employment of persons with disabilities is carried out in accordance with the characteristics of their condition, education, preferences. Businesses that employ such citizens may subsequently receive compensation for this. To do this, they should conclude relevant agreements with authorized organizations. The agreements may provide for the training and employment of persons with disabilities directly at the enterprise. To implement this, the production manager needs to create and equip appropriate places.

Process Features

Employment of a disabled person is carried out after he submits an appropriate application to the employment center at the place of residence. For each region, district, normative acts are adopted, in which planned figures are set. The employment of a disabled person is carried out with the direct participation of a representative of the personnel department of the company. He and the applicant himself are invited to the CZ. A conversation is held in the presence of a service employee. During it, the representative of the employer presents the candidate for the position with a contract. It prescribes the conditions under which the employment of a disabled person will be carried out. The provisions of the contract determine the schedule, salary, period for which a citizen is enlisted in the state. The document is signed in the presence of a representative of the Central Office. After that, the head of the enterprise begins the preparation of the workplace. The purchase of equipment and other expenses are subsequently reimbursed by the CB.

Calculation of personal income tax

When calculating personal income tax, a disabled person is entitled to the following deductions:

1. 500 rubles/month In accordance with Art. 218, paragraph 2 of the Tax Code, disabled persons of the 1st and 2nd groups can count on such a deduction. and childhood.
2. 300 rubles/month This deduction is provided for in sub. 1 p. 1 art. 218 NK. Liquidators, disabled people, participants and other persons affected by a radiation accident during the testing of nuclear weapons and at nuclear facilities, participants in hostilities who received shell shock, mutilation, and wounds are entitled to it.

These benefits are provided every month, regardless of the size of the subject's annual income. In addition, reduced rates of insurance premiums are provided for disabled people under paragraph 3 of part 1 of Art. 58 FZ No. 212. The provisions of this law apply:

1. To public organizations of the disabled.
2. Companies in which payments are made to citizens who have 1, 2 or 3 groups.
3. Enterprises, the authorized capital of which is formed by the contributions of public organizations of the disabled, the average number of which is not less than 50% and the amount of their salary in the payroll is not less than 1/4.

Companies are allowed to apply benefits on accruals that are calculated in favor of employees with disabilities. Contributions for injuries from the earnings of disabled people are paid in the amount of 60% of the current insurance rate.

Mode of activity and rest

The legislation establishes a number of requirements for the heads of enterprises hiring people with disabilities:

YPRES

Information about the presence of disability must be confirmed by a certain list of documents. The employer, in turn, can learn about certain contraindications, as well as special recommendations for organizing the activities of people with disabilities from a number of regulations. One of them is the IPR - an individual rehabilitation program. An example of its form is presented in Appendix 1 to the Order of the Ministry of Health No. 379n. In addition, confirmation of the presence of disability is carried out according to a certificate of a medical and social examination performed. The conclusion indicates the group and the degree of limitation of the ability to carry out a particular activity.

Is a citizen required to present supporting documents?

Such an obligation is not provided for persons entering the state. In the list of documents that a citizen must present, these papers are not. This means that the applicant himself decides whether to attach them to the main package or not. An exception are cases when the employer requires a health certificate for admission to a closed vacancy, where the proper condition of the employee is an essential condition for the activity. This, for example, takes place during admission to the bodies of the Ministry of Internal Affairs. Some citizens prefer not to advertise their disability until the conclusion of an employment contract. After that, they begin to insist on granting them preferential terms. In these cases, the employer must act in accordance with the Labor Code. In particular, he must amend the contract, taking into account the established guarantees for the employee.

What to do if the employee has partially lost the ability to carry out the previous activities?

When an employee receives a disability, the employer should find out if the employee has any intention of continuing to work. Then the employer must examine the documents that the employee will submit. There are several options for the development of events. Upon recognition of an employee as a disabled person of the 1st group. (ability to work 3rd Art.) he will not be able to continue to fulfill his duties. In this case, according to the results of the medical and social examination, an appropriate conclusion will be given.

Recommendations and features of employment will not be included in his individual rehabilitation program, since he will have a complete disability. On this basis, the enterprise may terminate the contract with the citizen. Upon dismissal, the employee must be paid severance pay. It is equal to two weeks of average monthly earnings. If there was an employment of a disabled person who already had the 1st group, then the employer does not have the right to dismiss him on the above grounds. This is due to the fact that the head of the enterprise was aware of the health of the citizen and, when hiring the latter, it was not difficult for him.

The employee received the 2nd or 3rd gr. and does not want to continue to perform duties

In this case, the employee must write a letter of resignation in accordance with Art. 80. These groups are considered workers, that is, a citizen can subsequently find a job at another enterprise. Dismissal in this case will be carried out by agreement of the parties. Here the rules of Art. 78 TK.

The employee has received a group, but wants to continue the activity

The employee may at the same time ask for changes in the conditions of his work in accordance with those described in his program. The employer must therefore be guided by the IPR in his actions. In this case, there are three options. They can be associated with a number of problems. The following options are possible:

1. The existing conditions at the enterprise fully comply with the recommendations given in the IPR. For example, the document states that a person with disabilities should work in a free position, in a sitting position. The current duties of an employee relate to activities at the computer. Accordingly, he performs the work while sitting. The head of the enterprise does not have to change anything, and the employee, in turn, can continue to work.
2. According to the IPR, the employee needs other conditions without adjusting the contract. For example, he is recommended to reduce static, dynamic or physical activity. The employer will have to review all the conditions in which the employee performs his duties, reduce the standards, change the way he works.
3. The terms of the contract need to be amended. In such situations, it is often necessary to redirect the employee to another job. If the employer has the opportunity to create the proper conditions for the employee or to provide him with another position, he must do so. In this case, all changes are fixed in the contract.

There are cases when the employer does not have the opportunity to bring the working conditions in line with the IPR, and the disabled person himself does not want to move to another position. In such situations, the legislation allows termination of the contract under Part 1, Clause 8, Art. 77. As in other cases, upon dismissal, an employee is paid a severance pay.