Working hours and wages for a disabled employee according to IPRI


Regulations

The special status of people with disabilities, as well as social guarantees aimed at protecting this category of citizens, is regulated by Federal Law No. 181, which states that a person with disabilities is a person who has a permanent loss of health due to illness or injury, as a result of which he is provided with a number of guarantees that are aimed not only at material support, but also at social adaptation, as well as the opportunity to realize oneself in different spheres of society.
However, despite the opportunities provided, not every disabled person can take full advantage of them, because the degree of health loss for each of them is different, which is determined by the same disability group and predetermines the list of benefits, as well as working conditions that must be created for a fruitful labor activity.

Disability groups

  • In particular, the first group of disabilities in most cases is not working, since a disabled person not only has permanent damage to the body for the rest of his life, but in most cases he cannot care for himself, not to mention work.

Although in some cases, when certain working conditions are created and assistance is provided, the same wheelchair users may well work on an equal basis with other people - for example, doing mental work.

  • But the second group is already working, because although disabled people require some help, they can still work.

For example, with partial loss of vision, an employee may well engage in physical labor, assembling the same sockets in the workshop, and with loss of hearing or speech, disabled people can be employed in almost any industry, doing both physical and mental labor.

  • The third group of disability assumes that the worker has only partial labor loss, which allows workers to be employed in any industry, but with some restrictions that involve increased workload.

In particular, disabled people are prohibited from being involved in work under hazardous conditions or in night or overtime work on the basis of Article 99 of the Labor Code of the Russian Federation.

Peculiarities of labor regulation for disabled people

In accordance with the law, disabled people are a preferential category of workers who are provided not only with social protection, but also with certain types of guarantees and compensation aimed at creating favorable conditions for full implementation in work and adaptation in society.

Working conditions

In particular, disabled people have the right:

  1. for a shortened working week on the basis of Article 92 of the Labor Code of the Russian Federation, lasting 35 hours, while this category of workers is given the right to work a full week, but with additional pay and only with their consent, and in writing;
  2. to refuse to be involved in night work in accordance with Article 99 of the Labor Code of the Russian Federation, although with their written consent this category of workers can be involved;
  3. to refuse overtime work in accordance with the norms given in Article 99 of the Labor Code of the Russian Federation, and again, with written consent, the implementation of such work is quite possible.

Guarantees and benefits

Of course, disabled people have not only rights, but also some compensation, as well as guarantees, in particular:

  • on the basis of Article 128 of the Labor Code of the Russian Federation, this category is entitled to leave without pay for 60 days, but on the condition that the provided days will be used only within one calendar year, because unused days are no longer carried over to the next year;
  • pre-emptive right in case of reduction in accordance with Article 179 of the Labor Code of the Russian Federation, especially if disability occurs as a result of injury or illness received during the performance of direct duties, although, of course, work qualities and qualifications will still be assessed;
  • and, according to the norms of Article 73 of the Labor Code of the Russian Federation, in the event of illness and before disability is established, the employee is required to offer another position, provided that it is vacant and the employee can perform new duties without compromising his health;
  • quotas for jobs, in accordance with Article 21 of Federal Law No. 181;
  • a ban on unjustified refusal of employment due to the presence of a disability group in accordance with Article 64 of the Labor Code of the Russian Federation.

Minimum wage

In accordance with Article 133 of the Labor Code of the Russian Federation, the salary of each employee must be at least the minimum wage for the established monthly standard of hours; this rule applies to all workers, regardless of belonging to preferential categories, that is, disabled people of groups 1 and 2, even performing their duties for only 35 hours per week, cannot receive wages less than the established minimum amount.

Labor benefits for disabled people of groups 2 and 3

Disabled people are entitled to many benefits, which relate to such areas as:

  1. Social;
  2. Transport;
  3. Tax;
  4. Medical;
  5. Housing;
  6. Labor.

The latter will be discussed in more detail.

Labor benefits
Work timeVacation Salary
v Shortened working day, per week it should be 35 hours; accordingly, with a five-day work week, the working day should be no more than 7 hours.
When officially employing people with disabilities, the employer must take this fact into account and pay attention to drawing up a work schedule.
v Vacation.
If for ordinary working people it averages 28 calendar days (excluding the type of activity), then disabled people of the first and second groups have the right to 30 calendar days. In addition, people with disabilities have the right to choose the date of their vacation.

Important! A disabled person can take leave at his own expense for two months.

v Payment for work should not be less than that of citizens working 40 hours a week.

Important! Part-time work does not affect pay or vacation time.

v The right to refuse to carry out labor activities outside of working hours, weekends or holidays;v Tax deductions apply to wages, which reduce personal income tax.
v There is a list of activities in the Labor Code that contradict the employment of people with disabilities;
v Additional days off in the amount of 4 days, which are paid as working days;

Important! If the disability was acquired at a given enterprise, then the employer is obliged to reconsider the conditions specified in the initial contract.

In addition, at work there is:

  1. Priority during layoffs, accordingly, it is impossible to dismiss a disabled person, only with the complete liquidation of the organization with subsequent due payments;
  2. If the organization where a disabled person is employed has only a shift working day, then the manager must introduce an individual schedule for him that will comply with the law.
  3. Prohibition on refusal of employment if there are available vacancies.

Important! If a disabled person does not mind working in the same order as other employees, then this will not be contrary to the law. Such a desire must be expressed in writing, and consent must be voluntary.

The legislation of the Russian Federation provides for workplaces that are intended for people with disabilities. Such vacancies are called quota vacancies and employment in them is possible only for a person with disabilities.

But not all organizations have quota places, but only those whose staff is more than 30 people.

Remuneration for disabled people

Of course, in essence, disabled people are the same workers as all other workers, but since this category has some peculiarities, certain benefits are provided for them at the legislative level.

In particular, remuneration for working disabled people implies a special procedure.

With reduced working hours (shortened work week)

Thus, on the basis of Article 92 of the Labor Code of the Russian Federation for disabled people of groups 1 and 2, the working week is established at 35 hours, therefore, hours in excess of the norm established for them are already overtime work, which is subject to additional payment, even if the hours of work in general will be only 40 hours, which is the norm for all other workers.

That is, a disabled person can work no more than 35 hours a week, while the company is obliged to pay him the full salary for his position.

Although an employee of this category may agree to perform his duties for a longer time, say, 40 hours a week, but on the condition that the additional 5 hours will already be paid as overtime, on the basis of the same Article 152 of the Labor Code of the Russian Federation.

With a shift schedule

But with a shift schedule at the enterprise, problems may arise.

The fact is that in addition to the disability group, which is specified in the same certificate and certificate, disabled people are also issued a medical certificate, which indicates the permissible volumes of work and load that a given employee can perform without harming his own health.

And given that disabled people, both groups 1 and 2, are contraindicated for a long working day, that is, as a rule, they can work no more than 7 hours a day, but the shift schedule implies a longer shift duration from 12 hours to 24 hours, and difficulties arise.

Therefore, in such a situation, a disabled person can only be employed on an individual schedule that does not violate the recommendations of doctors, which of course will affect the amount of his salary, which will be calculated in proportion to the time worked.

When recording working hours in total

Problems may also arise with the summary recording of working time at an enterprise, since such a mode of operation involves working with continuous production, which determines the presence of night work and floating days off.

And since, on the basis of labor legislation, it is prohibited to involve disabled people in work at night and on weekends, the company management will need the written consent of the employee to work with such a schedule.

Also, the company’s management will need to take into account the fact that the number of shifts, and therefore working hours, should be no more than 35 hours per month, and in case of cumulative accounting, the reporting period can be either a quarter or a half-year; an individual shift schedule will need to be developed for a disabled person in compliance with established standards.

What is the minimum wage

Employment time is reduced for citizens with the first and second disability groups. According to Art. 133 of the Labor Code of the Russian Federation, the amount of wages paid should not be lower than the minimum established for a certain number of hours worked. Also, disabled people must be paid a salary no lower than the minimum wage, regardless of the fact that they work 35 hours.

They are provided not only with preferential conditions when hiring, but also with other privileges from the state. In certain cases, they are provided with assistance in the form of subsidies for the purchase of housing, care for a caregiver, exemption from contributions to the Pension Fund, social services, etc.

Thus, a distinctive feature of payments to persons with disabilities when they get a job is working in a reduced schedule while maintaining the full rate of remuneration. The law also provides certain benefits for such citizens.

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Calculation features

Taking into account some of the distinctive features of labor, the wages of disabled people are also calculated in a slightly different order.

3 group

In particular, for a disabled person of group 3, the salary will be calculated as follows.

Based on Article 58.2 of Federal Law No. 212, the enterprise will list:

  • 22% to the Pension Fund;
  • 2.9% in the Social Insurance Fund;
  • 5.1% to the Compulsory Medical Insurance Fund.

Tax deduction will also be taken into account.

Example:

The salary is 15 thousand rubles, a bonus of 3,000 rubles and 470 rubles for 5 hours of overtime work will be added to it, so the accruals will be 18,470 rubles. Then the tax will be calculated - VAT in the amount of 13%, which will be 2401.1, a total of 16568.9 rubles will be provided for issue. And the above-mentioned transfers will be transferred directly by the enterprise in the total amount: 5540.7 rubles.

2nd group

The salary of disabled people of group 2 is calculated in a similar way, but taking into account the fact that this group may have a large tax deduction - for example, 3 thousand, and in this case 19,068.9 rubles will be due for payment.

1 group

Employees with 1st disability group are subject to exactly the same benefits when calculating wages as those given above, that is, the tax deduction and contribution amounts will be equivalent.

Disability groups

Let's look at what disability groups exist and how they affect employment. In most cases, a person in group 1 cannot find a job because his body is severely affected. Often he is not even able to take care of himself, not to mention his work responsibilities. But in rare cases, it is possible to provide certain conditions for such an employee - for example, to involve him in mental activity. The Labor Code of the Russian Federation does not prohibit those with this disability from joining the company.

The second group can do some work, but they need help. So, if a person has lost his hearing, he can engage in physical or mental labor. The same applies to those who do not speak or have partially lost their sight. Not every activity will work for Group 2, but they can work.

As for the third group, these citizens have only partially lost their ability to work and can prove themselves in almost any field. But there are limitations associated with increased loads. Also, for disabled people of group 3, as for any other persons with limited legal capacity, work in hazardous conditions, night and overtime work is unacceptable without their consent.

If a manager accepts a disabled person of group 3 or another, he must provide appropriate conditions. You should check with the Labor Code of the Russian Federation so as not to violate the law. There must also be guarantees and compensation that will allow a person to be fulfilled at work and adapt to society.

Remuneration for disabled people with reduced working hours

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  • <Information> FSS RF <On the procedure for calculating temporary disability benefits for disabled people of groups I and II who have a reduced working day (working week)>

For workers who are disabled people of group I or II, Article 92 of the Labor Code of the Russian Federation and Article 23 of the Federal Law of November 24, 1995 N 181-FZ “On Social Protection of Disabled Persons in the Russian Federation” provides for a reduced working time - no more than 35 hours per week with maintaining full wages.

Part-time working time, in contrast to reduced working time, is established in accordance with Article 93 of the Labor Code of the Russian Federation by agreement between the employee and the employer, both upon hiring and subsequently. The employer is obliged to establish a part-time working day (shift) or part-time working week at the request of a pregnant woman, one of the parents (guardian, trustee) with a child under the age of fourteen years (a disabled child under the age of eighteen years), as well as a person carrying out caring for a sick family member in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation. When working part-time, the employee is paid in proportion to the time he worked or depending on the amount of work he performed.

Disabled employees are not included in the list of persons upon whose application the employer is obliged to establish part-time working hours.

In connection with the above, the time of daily work (shift) for a disabled person indicated in the medical report is for him the maximum duration of daily work (shift) and the full standard of work and does not entail a proportional reduction in wages.

Date of publication on the website: 07/23/2015

Le_Sha 18 Feb 2005

Colleagues! There is a disabled person. There is an ITU conclusion that it can work for no more than 3 hours. How to prove that wages are paid for actual time worked? And not a full salary, as the 92nd Labor Code of the Russian Federation writes?

INSTITUTE OF LEGISLATION AND COMPARATIVE LAW UNDER THE GOVERNMENT OF THE RUSSIAN FEDERATION COMMENTARY ON THE LABOR CODE OF THE RUSSIAN FEDERATION The material was prepared using legal acts as of April 12, 2004 Second edition, corrected and supplemented taking into account the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17 2004 N 2

Edited by Professor Yu.P. Orlovsky Article 92. Reduced working hours

Normal working hours are reduced by: 5 hours per week - for workers who are disabled people of group I or II;

2. For disabled people of groups I and II according to Art. 23 of the Law on the Protection of Persons with Disabilities establishes a reduced working time of no more than 35 hours per week while maintaining full pay. However, if a disabled person works, for example, 30 hours, then he receives wages in proportion to the time worked, i.e. as for part-time work.

Article 94. The duration of daily work (shift) for disabled people is in accordance with a medical report.

Commentary on Article 94 3. The recommended duration of daily work (shift) for a disabled person is indicated in the individual rehabilitation program, which is issued based on the results of a medical and social examination conducted by the institution of the state medical and social examination service for recognizing a citizen as disabled. An individual rehabilitation program for a disabled person is mandatory for execution by any enterprise, regardless of their organizational and legal forms (Article 11 of the Law on the Protection of Persons with Disabilities).

5 hours per week - for employees who are disabled people of group I or II;

Article 93. Part-time work

By agreement between the employee and the employer, a part-time or part-time work week may be established both upon hiring and subsequently. The employer is obliged to establish a part-time or part-time work week at the request of a pregnant woman, one of the parents (guardian, trustee) with a child under the age of fourteen years (a disabled child under the age of eighteen), as well as a person caring for a patient family member in accordance with a medical report. When working part-time, the employee is paid in proportion to the time he worked or depending on the amount of work he performed. Part-time work does not entail for employees any restrictions on the duration of annual basic paid leave, calculation of length of service and other labor rights.

Commentary on Article 93

In addition to the above categories of persons, the employer is obliged to establish part-time working hours at the request of a disabled person, if such a regime is necessary for him in accordance with an individual rehabilitation program, which is mandatory for implementation by organizations regardless of their organizational and legal forms (Articles 11 and 23 of the Law on the Protection of Persons with Disabilities ). The employer's refusal to satisfy such a request can be appealed to the labor dispute resolution authorities.

This author's opinion is to my advantage. But he doesn't refer to anything. and from TK and acc. This does not directly follow from the laws, because INCOMPLETE service is established only by agreement, and the employer MUST comply with the requirements of IND PRGR REHABILITATION.

Le_Sha 22 Feb 2005

Russia, Moscow | Questions: 1

Remuneration for disabled people of group 2 with part-time work

Remuneration for disabled people with reduced working hours (shortened working week). According to Art. 92 of the Labor Code of the Russian Federation, disabled people of groups I and II cannot work more than 35 hours a week.

Accordingly, work exceeding the specified standard is considered overtime and is paid additionally.

Even if a person with disabilities works 40 hours a week (the norm for ordinary personnel), for him this is work beyond the norm.

Consequently, a disabled person can be employed at an enterprise no more than 35 hours a week. At the same time, the company, in accordance with the law of the Russian Federation, must provide him with wages in full corresponding to the position.

152 of the Labor Code of the Russian Federation)

How are people with disabilities paid for work with reduced working hours?

This document is not mandatory, but is drawn up at the discretion of the employer.

Information on wages for disabled people is recorded as separate items; it is inappropriate to create a separate document. provisions How are disabled people paid for their work when their workers are laid off? Remuneration for disabled people is characterized by a different payment procedure, and also, the peculiarity is that the working hours are different according to the Labor Code of the Russian Federation.

According to the norms of Art. 92 of the Labor Code of the Russian Federation, as a benefit for disabled people of the first and second groups, reduced work time is provided, not exceeding 35 hours per week.

Free legal assistance

Based on the above, I believe that your payment should be proportional to the time worked.

For example, in October, according to the production calendar, there are 22 working days (this amounts to 176 hours per month for a healthy employee). For a disabled employee, the normal working hours are 154 hours.

But with a 32-hour work week, the number of hours worked in October will be 144. This number is obtained by dividing the number of hours in the work week by the number of days worked in the week and multiplying by the number of work days worked by the disabled person during the month: 32 hours / 4 workers

days x 18 work. days = 144 hours.

The cost of one working hour will be 12.98 rubles. In custody

wages with reduced working hours for disabled people of group 3

I am a disabled person of group 3, 1 degree of restrictions on work activity. According to the conclusion of the MSEC and in the issued rehabilitation program for a disabled person, it is written that my working day should be reduced by 1 hour. At the same time, the HR department of the enterprise told me that they were ready to reduce the working day but with deduction of this hour from the salary. At the same time, I recently read the comments to Article 92 of Chapter 15 of Section 4 of the Labor Code where it is said that the wages of employees. who has been assigned a reduced working time does not decrease in proportion to this reduction. Who is right in this case and if I actually worked not 7 but 8 hours a day, can I demand payment for the actual overtime for the past time?

question number No. 1285905

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Hello dear Andrey.

According to Article 92 of the Labor Code of the Russian Federation, hereinafter in the text of the Labor Code, reduced working hours are established:

- for workers under the age of sixteen - no more than 24 hours a week;

- for workers aged sixteen to eighteen years - no more than 35 hours per week;

- for employees who are disabled people of group I or II - no more than 35 hours per week;

This article of the Labor Code does not apply to you, because You are a group 3 disabled person.

According to Article 93 of the Labor Code, by agreement between the employee and the employer, a part-time working day (shift) or a part-time working week can be established both upon hiring and subsequently. The employer is obliged to establish a part-time working day (shift) or part-time working week at the request of a pregnant woman, one of the parents (guardian, trustee) with a child under the age of fourteen years (a disabled child under the age of eighteen years), as well as a person caring for a sick family member in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation.

When working on a part-time basis, the employee is paid in proportion to the time he worked or depending on the amount of work he performed.

Thus, if your employer issued an order to establish part-time working hours for you daily, 1 hour less than the usual 8-hour working day, then you will be paid exactly for 7 hours of work.

If you yourself actually work more than 7 hours every day after this, then your employer is not obliged to pay you for the extra hours of work.

Lawyer Zotov V.I. Petrozavodsk

From Art. 11 of the Labor Code of the Russian Federation it follows that all employers (individuals and legal entities, regardless of their organizational and legal forms and forms of ownership) in labor relations and other directly related relations with employees are obliged to be guided by the provisions of labor legislation and other acts containing standards labor law.

In accordance with Art. 92 Labor Code of the Russian Federation, art. 23 of the Federal Law of November 24, 1995 N 181-FZ “On the social protection of disabled people in the Russian Federation”, for workers with disabilities of groups I and II, a reduced working time of no more than 35 hours per week is established while maintaining full pay.

As follows from your question, you are a group 3 disabled person. Thus, the provisions of Article 92 of the Labor Code of the Russian Federation regarding full payment for work with a shortened working day do not apply to you. According to Art. 93 of the Labor Code of the Russian Federation When working on a part-time basis, the employee’s remuneration is made in proportion to the time he worked or depending on the amount of work he performed.

Thus, I believe that the employer is right.

Sincerely, lawyer Rusakova I.B. Sign up for a paid consultation by phone. 8-911-793-02-22

Well, if you are “in the know,” then why ask a lawyer? You don’t like the answer that was given to you, but unfortunately, nothing else can be answered. Your incorrect interpretation of the provisions of the Labor Code of the Russian Federation does not mean that you are right.

Sincerely, lawyer Rusakova I.B. Sign up for a paid consultation by phone. 8-911-793-02-22

If you do not want to quit (you are not satisfied with the conditions), the main thing is not to sign these documents, despite any pressure; continue to go to work and maintain labor discipline. In the event of an illegal dismissal “under article”, in this case it will be possible, by filing a lawsuit within a month after the dismissal, to be reinstated and recover compensation from the employer for forced absence. With proper legal support in court, such cases are considered successful. On the contrary, if a letter of resignation or an agreement between the parties is signed, it will be extremely difficult to prove anything later in court.

Detailed consultation, drafting documents, conducting a case in court - for a fee. T. 9152171802 My fate. practice zakonnost.su Lawyers of the site do not call you first!

How is payment for disabled people with reduced working hours made?

Disabled people, regardless of the group they receive, are a preferential category of workers. The state provides their social protection, material support and monitors their adaptation to society. Most of the assistance comes from paying compensation and providing certain preferential guarantees - travel, discounts on housing and communal services, utility bills, free medicines. An important adaptation factor is the employment of those citizens whose group provides the opportunity to work. Citizens who have become disabled have the right to:

  • Shortened work week. The work standard is 35 hours per week.
  • Not involved in night duty.
  • No overtime.

The legislation, however, does not prohibit voluntary consent to work beyond the norm or at odd hours. But any of the overtime must be paid by the employer as additional, above the norm, and cannot be compensated by time off.

Download the regulation “On social protection of disabled people in the Russian Federation”

Remuneration for disabled people of groups 1 and 2

Depending on the degree of disability, a citizen has the right to certain benefits and compensation. Group 1 disability implies the inability to work due to complete loss of ability to work. Such people often cannot even take care of themselves, let alone work. But today many of them still have the opportunity to work mentally. The work schedule and wages for disabled people of group 2 are already significantly different from those of the first degree. After all, 2 is a working group. This includes people with partial disability, for example, no or lost hearing, speech, or vision. This category establishes reduced labor standards. In addition to the length of working hours, appropriate vacancies are selected for them.

How are disabled people of group 3 paid for part-time work?

Disability group 3 implies partial loss of ability to work. Such people can work in any industry, although they will have some restrictions. If disabled, the employee must not be subjected to increased loads. It is prohibited to involve them in work with hazardous working conditions. According to the Labor Code of the Russian Federation, it is impossible for workers with disability group 3 to be involved in night work or forced to remain at work beyond the prescribed hours per day. Remuneration for disabled people of group 3 working part-time must fully correspond to the amount approved in the employment contract.

Length of working day for disabled people of groups 1 and 2

According to Federal Law N181 “On the social protection of disabled people in the Russian Federation” and Article 92 of the Labor Code of the Russian Federation, persons with special needs belonging to categories 1 and 2 should not work more than 35 hours a week with a five-day or six-day work schedule.

The length of working hours per day for disabled people of group 2 is determined by doctors at the ITU. An employer who hires a person with disabilities must comply with these recommendations and not exceed the permissible limit. He is also obliged:

  • provide paid leave annually during the period chosen by the employee;
  • send an employee on vacation at his own expense without giving reasons for up to 60 days a year;
  • take written consent when assigned to a night shift (sending on a business trip, working overtime);
  • hire a person with special needs, sent to his enterprise from the Employment Center against a quota;
  • do not fire an employee without good reason.

Group 1 disabled people work less than 35 hours a week, if this is prescribed in their individual rehabilitation program.

Thus, the working day for disabled people of groups 1 and 2 is on average 7 hours. However, under special conditions and shift schedules, time may vary, but not exceed 35 hours per week.

Disability Wages Act

Federal Law No. 181 of 1995 fully covers all the nuances of providing work and making payments for it. In particular, it states:

  • What is disability?
  • Division of labor depending on the group.
  • Guarantees provided by the state.
  • Benefits expressed by material support.
  • Compensation for lost health due to the fault of the employer.
  • Payment for work is based on proportional time worked.
  • The concept of full-time and part-time work.
  • Opportunities for maintaining a job for employees who become disabled during their work activities.

Regulations on remuneration for disabled people

What is the minimum wage for disabled people?

Payments for work performed are not related in any way to the employee’s age, but the presence of children or other dependents may be taken into account. However, payment depends only on a jointly reached agreement with the head of the enterprise. The law does not provide clear guidance on payment for work performed by an employee with a disability.

Only minimum payment standards have been determined, which cannot be lower than the state minimum wage. The minimum wage implies working a 7-hour working day, no more than 35 hours per week. All other time must be paid additionally, at increased rates. In addition to salary, people with disabilities can count on other benefits. For example, the employer is obliged to provide each such employee with an annual two-month vacation at his own expense, at the request of the employee.

Have a question for a lawyer?

Yes, you understand correctly, these are different concepts.

According to Art. 93 Labor Code of the Russian Federation

When working part-time, the employee is paid in proportion to the time he worked or depending on the amount of work he performed.

The actions are legal. Wages are retained in full with a reduced working day (these are disabled people of groups 1 and 2), and not with part-time work.

08 November 2013, 16:41

According to Art. 23 of the Federal Law of November 24, 1995 N 181-FZ (as amended on July 2, 2013) “On the social protection of disabled people in the Russian Federation”:

Disabled people employed in organizations, regardless of organizational and legal forms and forms of ownership, are provided with the necessary working conditions in accordance with the individual rehabilitation program for the disabled person. It is not allowed to establish in collective or individual labor contracts working conditions for disabled people (wages, working hours and rest periods, duration of annual and additional paid leave, etc.) that worsen the situation of disabled people in comparison with other employees. For disabled people of groups I and II, a reduced working time of no more than 35 hours per week is established while maintaining full pay. Involvement of disabled people in overtime work, work on weekends and at night is permitted only with their consent and provided that such work is not prohibited for them due to health reasons. Disabled persons are granted annual leave of at least 30 calendar days.

Furthermore, in accordance with Art. 92 of the Labor Code of the Russian Federation, reduced working hours are established: for workers who are disabled people of group I or II - no more than 35 hours per week.

You are not entitled to a reduced duration; you have disability group III. The recommendation states part-time work (time), and not reduced working hours (which is actually not what you are supposed to do). You work part-time. According to Art. 93 of the Labor Code of the Russian Federation, when working on a part-time basis, the employee’s payment is made in proportion to the time he worked or depending on the amount of work he performed.

Necessary information

Currently, a fairly large number of disabled people of the second and third groups live and work in Russia.

Suitable working conditions are created especially for them. In addition, they have the right to accrue income for hours worked according to certain rules established by law.

All this became available thanks to the active support from the state of preferential groups of the population of the Russian Federation.

Especially for working people with disabilities, appropriate amendments were adopted to regulatory legal acts, where their working conditions, as well as the remuneration based on its results, are strictly regulated by law.

Currently, the state is striving to provide people with disabilities with comprehensive support so that this proportion of the population feels like full members of society.

Main concepts

Remuneration for disabled people of the second group of general illness, as well as partially physically disabled citizens of the third category, is provided for in compliance with certain legal rules.

However, before studying them in more detail, you should consider the basic concepts:

Disabled personA disabled citizen of the Russian Federation who has limited capabilities due to a congenital disease or a disease acquired during life
Salaryremuneration provided by a manager to an employee for hours worked or completion of a specific task assigned to him
Citizen of the Russian FederationA subject of a state who is entitled to certain rights and protections provided by law
Benefits and privilegesIncentives established by the state for a certain category of the population who are legally entitled to assistance from state municipal authorities

Taking these concepts into account, it will become much easier to familiarize yourself with the rules of remuneration for people with disabilities in the Russian Federation. In this case we are talking about the employment of disabled people of the second and third groups.

Features of part-time work

In accordance with the current legislation of the Russian Federation, disabled people have the right to paid work on a part-time basis.

However, in this case, when paying, you may encounter a number of features, namely:

  • regardless of the length of the working day, a disabled person has the right to claim the minimum wage, which is specified in the contract;
  • part-time work for citizens with disabilities is a benefit established by law for this segment of society;
  • the wages of disabled people are subject to full tax collection, however, citizens with disabilities can request partial compensation from the Federal Tax Service;
  • when working part-time, as a rule, a disabled person has the right to count on an average monthly salary, all shortcomings are evenly distributed among other employees, in other words, a less difficult task is set for a working disabled person when working in production;
  • When a citizen with physical disabilities is dismissed, he must be paid certain compensation.

All able-bodied citizens with physical disabilities who have undergone an appropriate medical examination and have been registered as disabled face such peculiarities of remuneration.

Legislative framework (Labor Code of the Russian Federation)

Regulation of issues regarding wages for disabled people is based on the following regulatory legal acts of the Russian Federation:

  • Federal Law No. 181 of November 24, 1995 “On the social protection of disabled people in the Russian Federation”;
  • Federal Law No. 143 of November 15, 1997 “On acts of civil status of citizens of the Russian Federation”;
  • Federal Law No. 195 of December 10, 1995 “On the fundamentals of social services for the population of the Russian Federation”;
  • Federal Law No. 178 of July 17, 1999 “On State Social Assistance”;
  • Labor Code of the Russian Federation, article No. 133;
  • Labor Code of the Russian Federation, article No. 92.

Based on these laws, a minimum wage level is established for disabled workers, which must be paid proportionally in accordance with established rules.

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