What is job quotas?
Job quotas mean the allocation of a certain number of places to work for citizens belonging to weakly protected categories. They need social protection from the state.
According to the Federal Law of November 24, 1995 No. 181-FZ On the social protection of people with disabilities in the Russian Federation, enterprises with more than 100 employees are required to provide places for work for people with disabilities. Such places can be newly created or allocated from existing places.
The quota size is set at the regional level, but the minimum and maximum values have been approved: no less than 2% and no more than 4% of the total number of employees.
If the number of employees at the enterprise is less than 100 people, but more than 35, the regional law may determine a quota of places to work for people with disabilities, but its size should not exceed 3% of the total number of employees.
When determining the size of the quota, the number of employees who perform labor functions in conditions that are harmful or hazardous to health is not taken into account. In relation to other citizens in need of social protection, quotas are also established at the level of constituent entities of the Russian Federation by relevant laws.
Watch the video. In Russia, a law on job quotas for people with disabilities came into force:
Report on quotas for small enterprises in Moscow
Reduction According to the law, when staffing is reduced, dismissed employees are offered vacant positions that correspond to or are lower than their qualifications. If there are none, but there are places reserved for people with disabilities, they cannot be offered to those being dismissed. Important Contents
How to draw up a report to the employment center about job quotas
Its specific meaning is determined by the regional administration. Quota of jobs A quota refers to jobs reserved specifically for persons with disabilities and equipped taking into account their physical characteristics.
- in an organization with a number of employees from 35 to 100 people - no more than 3 percent of the average number.
- in an organization with more than 100 employees - from 2 to 4 percent of the average number;
Reserve jobs should be in organizations regardless of their legal form and form of ownership, if the average number of employees exceeds, as a rule, 100 people; see, for example, .
There will be fewer disputes over quotas
25 of Law No. 1032-1 “On Employment”. The list of reports that an enterprise is required to submit to the Central Labor Protection Center is given in paragraph 3 of Article 25 of Law No. 1032-1: No. Reports to Rostrud (TsZN) Description Deadline for submission 1 Information about the need for employees The report contains information about vacant positions that require filling Not more often 1 time per month 2 Information about laid-off employees The report reflects information about the planned reduction of employees in connection with the reorganization of the enterprise or its liquidation.
The following are exempt from quotas for jobs for disabled people: public associations of disabled people, organizations created by public associations of disabled people, business partnerships and societies, the authorized capital of which consists of the contribution of a public association of disabled people. What are the responsibilities of an employer in ensuring the employment of disabled people? In accordance with Art.
Report submission form
Federal Law No. 1032-1 of April 19, 1991 On Employment in the Russian Federation obliges employers to provide monthly reports to the Employment Center on places to work for disabled people that have been equipped or newly created within the established quota. They are also required to report on regulations in force at the local level and confirming information about such workplaces.
At the federal level, it is not legally defined in what form the report on quotas for places to work for persons with disabilities should be submitted. At the same time, at the level of the constituent entities of the Russian Federation there are regional laws that regulate these issues in more detail.
The employer can obtain information on the CZN website on how to draw up and where to submit the report. In Moscow, for example, there is a Quota Center specially created for this purpose. It is also acceptable to submit a report in electronic format on the official website of the Employment Center.
Rules and reporting for allocating quotas for people with disabilities in an organization
The form of ownership of the enterprise and its type of activity do not affect the obligation to provide vacancies for persons with disabilities. The only criterion for this is the number of actually working employees available in the organization on the first day of the reporting period. As a rule, this should exceed 100 people (Article 21, 24 Federal Law No. 181).
The final figure will indicate the mandatory number of places, which does not prevent the employer from increasing it of his own free will. The quota for disabled people at an enterprise includes jobs that already employ people with disabilities. If this exceeds the mandatory standards, the difference (in percentage) will be the amount by which the employer has the right to reduce the number of jobs for other quota categories.
How to write a report
report on job quotas for disabled people free in word format
According to paragraph 3 of Art. 25 of Federal Law No. 1032, employers are required to send monthly or quarterly reports to the Employment Center on the fulfillment of duties regarding job quotas.
The procedure for providing information and the form of the report itself are determined by the Employment Centers of specific constituent entities of the Russian Federation.
Please note! The report must include the following information:
- The name of the organization and its address,
- Information from local regulations,
- Number of employees
- How many places have been specially created or converted for disabled workers,
- Vacancies for disabled people,
- Specialty, qualification,
- Education and work experience,
- In what mode are labor functions carried out (rotation work, free or shift schedules, standard),
- What type of work is it: seasonal work, part-time work, full-time work,
- Wage,
- How many hours is a working day?
- Social guarantees.
Subjects of the Russian Federation have the right to independently establish other obligations for the employer at the regional level. For example, in Moscow, legal entities are required to register with the Quota Center, to which the relevant reports are sent. Registration is required within a month after the state registration of the organization.
Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.
Responsibility for failure to provide information to the central control center
According to Part 1 of Article 5.42 of the Code of Administrative Offenses of the Russian Federation, if the employer fails to fulfill the obligation to create jobs for people with disabilities in accordance with the approved quota, he is subject to an administrative fine of up to 10,000 rubles. A similar sanction applies to employers who illegally refused to hire a disabled person within the quota.
Article 5.42 of the Code of Administrative Offenses does not establish liability if the employer does not provide information about quotas to the Employment Center.
Thus, if the employer fulfilled the quota obligation, but did not submit a report, administrative liability is not allowed. This is the position of the Supreme Court of the Russian Federation.
At the same time, labor and employment authorities at the regional level have the right to exercise control and supervision over the provision of disabled people with jobs, so they carry out on-site inspections and issue orders to eliminate identified violations. For this reason, it is recommended to promptly send reports on the fulfillment of quota obligations to the Employment Center.
Employee rights in case of delay in payment of wages.
Employers are forced to submit new reports to employment centers
Recently information appeared about the introduction of a new report for employers. Some accountants are already in a hurry to fulfill this “duty” as quickly as possible, while others are perplexed about such enthusiasm from their colleagues.
Where did the commotion start?
Letter of Rostrud dated July 25, 2018 No. 858-PR instructs to report information about working pre-retirees. This must be done from October 1st.
The report form is called “Information about the organization and the number of employees of the organization who are not pensioners.” It will need to indicate information about the number of employees:
men born in 1959; women born in 1964.
The form must be submitted quarterly, starting with data as of October 1, 2018, no later than the 15th day of the month following the reporting month, Rostrud reports.
This news sent shockwaves through the accounting community.
What does TsZN want?
Meanwhile, the above-mentioned letter from Rostrud does not contain a demand, but a request, and it is not addressed to employers at all.
True, employment centers do not pay attention to such “little things” and require reports from employers, as if it were enshrined in law.
Thus, on the website of the capital’s central labor assessment center an announcement has been posted for employers about submitting the report by October 3, 2020.
Moscow accountants in our Facebook group share with colleagues the information they were able to obtain from the Central Accounting Office regarding the process of submitting a report - when to send, where and how.
I called yesterday - it’s in Mytishchi, they told me at the post office that is listed on the website, and also by letter through Russian Post
— Tatyana Androsova
I got through to the leading inspector of the employment department of the Brateevsky district. A scan of the report for the 3rd quarter should be sent to her by email. And you also need to send an empty one. In the future, the organization needs to connect to the interactive portal and submit a report through the portal.
I'm waiting for connection instructions from them.
— Natalia Suhneva
However, not every company employs men born in 1959 and women born in 1964. Some accountants, fearing possible problems, even prepare and send zero reports. Some CZNs are eager to receive even zeros, while some convincingly ask not to overwhelm them with dummies.
One city, three regional employment centers and three different answers - in the regional one they said don’t give up zeros, in the second they said don’t hand over as you wish. And in the Central Center they said that you need both zero and non-zero. But first you need to register there.
We checked it using the Taxpayer Identification Number - our company is in the archives!! And under our Taxpayer Identification Number there is another (as I understand it) organization, I’m shocked. To register, you need to come to them with documents and bring all the vacancies, otherwise if there is an inspection, there will be a fine. And they also told me that I don’t have to take it for 3 quarters, but just pass it for 4.
And in general, they themselves are only the executors of the letter sent to them; they must fulfill it. But by and large, they themselves don’t know how or what.
— Nina Ns
We analyzed all the comments of the accountants and grouped the recommendations of the Moscow Region Central Accounting Office
TsZN
Recommendations of the Center for Significance
Moscow, Brateevo
Send a scan of the report, including the zero report, by email. In the future, the organization needs to connect to the interactive portal and submit a report through the portal
Moscow, Dorogomilovo
Submit including zero reports until 10/01/18
Moscow, Golyanovo
Not everyone is expected to report. Having checked the company using its tax identification number in its database, the inspector gave the all clear - there is no need to submit a report on this company
Moscow, Ostankino
Reports must be submitted only to those employers who are on the list of the Employment Center
Khimki
Do not submit zero reports! Inspectors are already overwhelmed with work.
Orekhovo-Zuevo
We wanted to receive reports on the last working day of September
Mytishchi
Send a report to the email indicated on the website, as well as by letter via Russian Post
You can find out the phone number and email of a specific department of the Moscow City Central Control Center here.
You can watch a video describing the registration algorithm on the CZN portal here.
Fine
There is no penalty for this report, the submission of which is not required by law. Meanwhile, Employment Centers are frightening accountants with large fines.
The director of the Central Public Health Center in Dubna (Moscow Region) said: “Send the form in excel by email. Anyone who doesn’t send it on time will be fined!” I convey it verbatim. In response to my objection that the fine had not yet been established, she said: “Don’t doubt it, they will”
— Tatyana Khamitova
Please note that earlier colleagues in our Facebook community expressed concern about a possible fine. They even named a specific figure - 5 thousand rubles according to Art. 19.7 Code of Administrative Offences.
Let us remind you that this article provides for punishment for failure to provide information (information) to a government agency, a body exercising state control, an organization authorized to carry out state supervision, or a body exercising municipal control.
Moreover, we are talking about information, the presentation of which is provided for by law and is necessary for the above-mentioned bodies to carry out their legal activities.
Let us add that some Employment Centers threaten employers with not only administrative, but also criminal liability.
they wrote to me from the Central Employment Service: “In connection with the new law on criminal liability for refusal to hire or dismissal of people of pre-retirement age, we ask you to submit a report ... by 10/02/18”
— Natalia Suhneva
To be fair, we note that many Employment Centers do not hide the fact that there is no responsibility for submitting the report. This is just monitoring at the direction of Rostrud, which issued a directive to count pre-retirees. TsZN inspectors themselves are not happy that they have to “shake out” this information from employers.
What about accountants?
Some accountants did not have to wait long and have already started sending information to the central control center. Firstly, they decided to do it, as they say, out of harm's way. And secondly, to clear your conscience.
I have already submitted it (I sent Excel to the email of an employee of the Dorogomilovo Center for Significance), he wrote back that the report was received and everything is in order.
— Oxy Zubkova
I sent it too) I received confirmation “Accepted, thank you.”
— Natalia Suhneva
Accountants explain to their colleagues that the report indicates only the number of men born in 1959. and women born in 1964 There is no need to reflect anyone else there.
Meanwhile, not all accountants succumbed to the provocation and rushed to send reports in panic. Some of them are sincerely perplexed by such zeal of their colleagues and, on principle, do not intend to report.
I will not submit any reports to the central control center.
Rostrud's letter - what is it anyway? Who is it addressed to? Where are the approved forms? Doesn't it bother anyone that you just have to submit it by email? So, can someone hand over something for me? Or am I for someone? Come to your senses, gentlemen! Tomorrow someone else will want something from us, so what? Will you also take the lead and run to do it? Let them take this data from the Pension Fund of Russia - we report there monthly.
— Polina Krutskikh
I'm not going to give anything away. All information is available in the Pension Fund and the Federal Tax Service. No Edo with tsz. I’m alone and I’m not going to rush to the British flag - I want to live until retirement
— Elena Dmitrieva
If there is a regulatory legal act, there will be a report, this is how this group of accountants formulated their position.
Are you going to submit this report? We invite you to take part in the survey.
Source
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Source: https://law.kolomnaonline.ru/rabotodatelej-zastavlyayut-sdavat-novye-otchety-v-tsentry-zanyatosti.html
Should an organization fill its own quota?
The employer has the responsibility to create a quota for disabled people, but he is not obliged to fill it. The quota is considered fulfilled if the employee performed labor functions in the organization during the period determined by the law of the relevant subject of the Russian Federation.
In particular, for residents of Moscow this period is 15 days a month, and for residents of Karelia 3 months a year. If the corresponding number of places within the quota were allocated but were not occupied, the employer cannot be held administratively liable on this basis. Employment service employees search for candidates independently.
Watch the video. Checks and control of job quotas:
Employment under a quota: who, where and how many
Readers often ask us questions regarding job quotas. For whom should there be job quotas - only for disabled people or for someone else? How to do this correctly? Who can verify compliance with this requirement and what sanctions are provided for its violation? What tax benefits can you expect if you comply with the quota?
- a person from the considered categories is employed by you, that is:
- an employment contract was concluded with him, according to which he worked for no less than the period specified in the regional law on quotas. For example, in Karelia - at least 3 months during the calendar year and in Moscow - at least 15 days per month
