Questions – Answers: Peculiarities of employment of people with disabilities

The standards for providing jobs to beneficiaries are established at the legislative level. Thus, a quota for disabled people at an enterprise is provided if there are more than one hundred employees on staff.

In addition, a number of powers for the social protection of citizens have been transferred to the constituent entities of the federation. They adopt their own regulations. Consequently, an entrepreneur is obliged to comply not only with the all-Russian law on job quotas for people with disabilities, but also with regional norms. And this leads to the need to organize special work in this direction.

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Federal Law of November 24, 1995 N 181-FZ On the social protection of disabled people in the Russian Federation

General concept of quotas

Quotas generally mean the reservation of jobs . It is done by creating documents that describe the rules:

• allocation of vacancies in the staff;
• hiring workers in preferential categories;
• providing privileged employees with: special conditions;
• necessary equipment and space to perform duties.

Reservations in production are carried out taking into account:

• norms of current legislation applicable to an economic entity;
• working conditions;
• industries and others.

For accounting in work: compliance with regulatory requirements is strictly checked by regulatory organizations.

The legislative framework

The norms for mandatory quotas are given in Law No. 181-FZ of November 24, 1995. Thus, the first part of Article 21 states:

“For employers whose number of employees exceeds 100 people, the legislation of the constituent entity of the Russian Federation establishes a quota for hiring disabled people in the amount of 2 to 4 percent of the average number of employees. For employers whose number of employees is no less than 35 people and no more than 100 people, the legislation of a constituent entity of the Russian Federation may establish a quota for hiring disabled people in the amount of no more than 3 percent of the average number of employees.”

Moreover, the obligation to reserve places for the application of forces for citizens with health limitations applies to business entities, regardless of their form of ownership. Thus, an individual entrepreneur or state corporation must provide special working conditions for beneficiaries in their state if the number of employees exceeds 35 people .

The following enterprises are exempt from the mandatory employment of disabled employees:

• public organizations of citizens with disabilities;
• companies with small numbers.

Important: it is prohibited to provide disabled people with jobs of a high danger category.
Data is taken from certification sheets. The interaction between the state and market participants in the field of providing social guarantees to disabled people is described in more detail in Law No. 1032-1 of April 19, 1991. In particular, Article 13 of the act confirms the guarantee for people with physical disabilities to work. And Article 25 obliges entrepreneurs to take part in this work.

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Law of the Russian Federation of April 19, 1991 N 1032-1 On employment in the Russian Federation

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:

https://youtu.be/WHEeZX-pWkI

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Powers of the regions

Article 20 of Law No. 181-FZ classifies the employment of people with disabilities as the responsibility of the subjects of the federation. Regional authorities are obliged to develop a procedure for conducting special events to provide social guarantees to beneficiaries and organize its implementation by market participants. In this case, the reservation standards can be:

• executed in the amounts specified in Article 21 of the said law;
• increased.

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Article 20. Providing employment for people with disabilities Federal Law of November 24, 1995 N 181-FZ

Article 21. Establishing a quota for hiring disabled people Federal Law of November 24, 1995 N 181-FZ

In addition, regional executive authorities are required to carry out measures to:

• involvement of people with disabilities in business activities;
• creating conditions for their professional training (retraining);
• stimulating the creation by entrepreneurs of working conditions for people requiring social protection.

For example, enterprises registered in the Kamchatka Territory are subject to the provisions of local law No. 284 of June 11, 2009. The number of quota places in it coincides with the same as provided for by the all-Russian act. The maximum parameters are established by laws:

• Stavropol Territory No. 14-kz dated March 11, 2004;
• Ulyanovsk region No. 41-OZ dated 04/27/09.

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Law of the Kamchatka Territory of June 11, 2009 N 284 On quotas for jobs in the Kamchatka Territory for certain categories of citizens

Law of the Stavropol Territory of March 11, 2004 N 14-kz On quotas for jobs for people with disabilities

Information about disabled people to the Employment Service: how to compile, sample, submission deadline

Organizations and entrepreneurs that employ employees with disabilities submit a report to the Employment Center (EC) on the fulfillment of the quota for the employment of people with disabilities. In the article we will look at when Information about disabled people is submitted to the Employment Service, how to draw up a report and what is the deadline for submitting it to the Employment Center.

Information about disabled people to the Employment Service

The number of jobs for disabled people is calculated based on the average monthly number of employees of the organization. Employees involved in hazardous/harmful work are not included in the quota calculation.

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In accordance with the letter of Rostrud dated May 17, 2011 No. 1329-6-1, if the part-time working regime is established by agreement of the parties to the labor relationship on the basis of Article 93 of the Labor Code of the Russian Federation, there is no need to notify the employment service about this fact. It must be taken into account that for failure to submit or untimely submission of reports, administrative liability is provided, and a fine is imposed on the company and its officials.

General procedure for reserving jobs for people with disabilities

Strict rules regarding the provision of social guarantees to workers with health problems impose serious obligations on entrepreneurs. Their implementation in practice consists of the systematic implementation of several organizational activities. They are:

1. Determining the responsibilities of an enterprise (organization) to comply with legal requirements. For this purpose, all-Russian and regional regulations are studied (the list depends on the place of registration of the business entity).
2. Calculation of quota norms. You should start from the number of staff (and not the nominal number of employees).
3. Creation and approval of local documents.
4. Registration of registration with employment authorities.
5. Assigning responsibilities for interaction with the Employment Center to the employee. Providing reports and fulfilling obligations.

Hint: the task of implementing the norms of laws No. 181-FZ and No. 1032-1 arises after the number of employees reaches 35 people.

Study of legislative norms

Each enterprise creates a staffing table . The document contains a list of positions and the number of employees occupying these vacancies. According to the form of drawing up the paper, it is necessary to display the final indicators. They make up the staffing level that the legislation is aimed at.

If the result is more than 35 employees, then according to Law No. 181-FZ at least one of them must be a beneficiary. Regional regulations may contain different figures. Consequently, their text should also be carefully studied and implemented.

Hint: the actual number of workers is not a basis for refusing quotas.

Example. The head of Storm LLC approved the following staffing table (excerpt given):

In fact, the enterprise employs 28 people. 10 positions remain vacant. However, after approval of the structure, the LLC is obliged to immediately comply with the reservation standards.

Attention: regional legislation may link the standards for reserving vacancies for people with disabilities and for young people. For example, such a rule is laid down in Moscow city law No. 90. Download for viewing and printing:

Law of Moscow dated December 22, 2004 N 90 On job quotas

Quota calculation

The next step is to calculate the number of vacancies that need to be provided for persons with physical disabilities.
This is done in accordance with the instructions of Rosstat regarding filling out form No. P-4, approved by Order of the government agency No. 566 dated 01.09.17. Download for viewing and printing: Order of the Federal State Statistics Service dated September 1, 2017 N 566

The formula for determining the number of preferential places is as follows:

• staffing x the norm defined in the acts.

Attention: those for which an increased degree of harmfulness or danger has been established should be immediately excluded from the number of workplaces.
As of 2020, it is not determined what to do if you receive a fractional result. For example, the company has 121 employees. It is necessary to plan 4% of places for people with disabilities. The definition gives the following result:

• 121 people x 0.04 = 4.84

As a rule, general arithmetic rounding rules are used. Although no clarification has been issued on this issue yet.

Preparation of local acts

At enterprises for which compliance with the law on quotas is mandatory, the following documents should be created:

1. Regulations on quotas for labor places for citizens of preferential categories. It contains the following data:
   quota sizes and categories of citizens;
2. the procedure for implementing measures in this direction;
3. responsible official.
4. Order on the allocation of vacancies, which must contain specific data:
   about the position provided to a disabled person;
5. on necessary changes in the conditions and procedure for carrying out labor duties;
6. about the person responsible for execution.

Important: The procedure contains principles for organizing work, and the order provides information about the specific responsible employee.
Download for viewing and printing: Regulations on quotas for labor places

Sample order on the allocation of jobs for disabled people

As a rule, in large organizations, the personnel department is responsible for providing social guarantees to people with disabilities. Therefore, responsibility rests with the head of the department. He, in turn, can issue an act on the redistribution of responsibilities.

Registration with employment authorities

The next stage is to establish official interaction with the Employment Center (EC). To do this you need to take the following steps:

1. Study the by-laws at the regional level that describe the procedure for submitting an application.
2. Collect a package of documents.
3. Submit them to the central office at the place of registration of the enterprise.
4. Receive written notification of the completion of the registration process with the Central Planning Commission as an enterprise that meets the quota conditions.

Hint: the response from the government agency will contain the registration number . It is necessary for verification of the subject (indicated in reports).

Interaction with the Employment Center

In order to comply with Article 25 of Law No. 1032-1, companies are required to submit monthly reports to the Central Bank. Starting from 2020, reporting is submitted according to the form contained in Appendix No. 9 to Rosstat Order No. 566 dated 01.09.17. The form contains the following information:

• about the number of vacancies;
• on the number of places allocated to beneficiaries;
• about hired employees, including disabled people;
• on approved local acts relating to quotas;
• on the implementation of quota legislation.

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Article 25. Assistance of employers in ensuring employment of the population Law of the Russian Federation of April 19, 1991 N 1032-1

Appendix No. 9 to Rosstat Order No. 566 dated 01.09.17

Hint: business entities are required to submit reports of similar content to the statistical authorities (Form No. P-4). Only small entrepreneurs are exempt.

Disability report 2020 form

That is, 5% of the amount of contributions accrued for the last three months of the reporting or billing period, for each full and partial month from the date established for submitting the calculation. In this case, the fine should not exceed 30% of this amount and be less than 1,000 rubles.

Deadline for submitting the report on Form 4-FSS for the 1st quarter of 2020

Article 2 of Federal Law No. 477-FZ of December 25, 2020 provides for the preservation of benefits for insurers - individual entrepreneurs in terms of payments accrued on all grounds, regardless of sources of financing, in cash and (or) in kind (including, in appropriate cases, remuneration under civil contracts ) employees who are disabled people of groups I, II or III.

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• create jobs for citizens with disabilities;
• create suitable working conditions as part of the rehabilitation plan for a citizen with a disability group;
• draw up reports, prepare internal regulations on the creation of jobs for people with disabilities;
• provide employment authorities with data on how the quota program is being implemented.

Responsibility for failure to comply with legal requirements

The employer's activities in providing jobs to persons belonging to preferential categories are controlled by the Rostrudinspektsiya. Moreover, at the local level, the implementation of both all-Russian and regional standards and compliance with the rules of the corresponding level are checked. The government agency carries out planned and unscheduled activities.
In addition, he is obliged to respond to citizens’ requests related to violations of labor guarantees. Responsibility for violation of federal acts is provided for in the articles of the Code of Administrative Offenses (CAO). So. Violation of the deadlines for the provision of primary statistical reporting is punishable under Article 13.19. Its text contains information about penalties imposed on:

• officials in the amount of 10 to 20 thousand rubles;
• for organizations - from 20 to 70 thousand rubles.

Identification of a repeated violation will lead to an increase in punishment:

• officials are subject to a fine of 30 to 50 thousand rubles;
• legal entity - from 100 to 150 thousand rubles.

And Article 5.42 of the Code of Administrative Offenses regulates the punishment for refusal to employ a person with a disability in the amount of 5 to 10 thousand rubles. A sanction is imposed on the guilty official.

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Article 13.19. Failure to provide primary statistical data Code of the Russian Federation on Administrative Offenses

Article 5.42. Violation of the rights of persons with disabilities in the field of employment and employment Code of the Russian Federation on Administrative Offenses

Hint: the regional regulatory framework may contain other measures of influence on violators.