Employment contract with a disabled person - procedure and rules for concluding

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Published: 05/09/2017

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According to the norm of Labor legislation, denial of employment due to disability is pure discrimination.

Meanwhile, an employee with this status can be an excellent specialist and bring a lot of benefit to the company. However, applying for a job for a disabled person of group 1, 2 or 3 has its own characteristics that must be taken into account when drawing up an employment contract.

• Legislation
• Objectives of the agreement
• Document structure
• Design nuances
• Execution

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Sample employment contract with a disabled person of groups 1, 2, 3

The Government of the Russian Federation is doing everything possible to ensure that people with limited legal capacity do not feel disadvantaged by society in various spheres of life.
The existence of an employment contract for disabled people of groups 2 and 3 is approved by law and obliges the employer to fulfill the prescribed conditions without violating the law and the personal boundaries of these people.

employment contract

The agreement is the main document establishing the relationship between the disabled person and the employer. Article 57 of the Labor Code of the Russian Federation regulates the main points, rights and obligations of both parties.

includes:

• company name;
• Full name of the disabled person;
• The position for which he is applying;
• schedule;
• conditions of vacation days;
• payment features;
• the rights and responsibilities of a disabled person hired for a position;
• responsibilities and rights of an organization that hires an employee with a disability;
• receiving compensation and guarantees in accordance with the Federal Law;
• liability of the parties in case of violation of clauses;
• validity periods;
• terms of termination.

Features of an employment contract for disabled people of groups 1, 2, 3

Depending on the disability group, the document has features and nuances. In order to apply for a job, an employee with a restriction needs to prepare the following documents:

• passport;
• certificate confirming disability;
• work book;
• pensioner's ID;
• conclusion of a medical and social examination;
• individual rehabilitation program.

The contract must specify the employee’s working conditions, taking into account benefits approved by the state, in accordance with the group.

Sample agreement

A person with category 3 can begin work after creating certain conditions on site, according to the characteristics of his health.

Employment contract with a disabled person of group 3 - sample

Citizens of the second category of disability are hired if special comfortable working conditions are prepared. An employee can only perform activities that do not pose a danger to his life and health.

Employment contract with a disabled employee of group 2

The employer is obliged to implement the benefits for people with disabilities that the government has legalized:

1. Arrangement of the workplace in accordance with physical characteristics. For people of group 2 with disorders of the musculoskeletal system, the installation of a ramp is necessary.
2. Build an individual work schedule if a disabled employee, due to weakness, cannot stand a full day. The number of hours is negotiated separately. Remuneration is paid in full, the amount of working time is not affected.
3. Night shifts are assigned only if the employee approves of the decision. In case of refusal, coercion is criminally punishable.
4. The responsibilities of a disabled person should not include business trips and other activities related to travel outside the company.
5. It is prohibited to work overtime, as well as on weekends and holidays, without written consent (Article 96 of the Labor Code of the Russian Federation).
6. According to Article 92 of the Labor Code of the Russian Federation: “The duration of the working week is no more than 35 hours.”
7. Receiving a paid 30-day vacation with the possibility of an additional extension of 60 days, but at your own expense. The benefit gives you the right to plan your vacation regardless of your vacation schedule or time of year.

An employer hiring such an employee must approach the registration process with all responsibility, so as not to infringe on the rights or harm the health of a disabled person. The document is drawn up the same as for citizens with the second group.

Dismissal upon expiration of the contract

Dismissal upon expiration of the agreement is carried out in accordance with the Labor Code of the Russian Federation. There are no special provisions for persons with partial legal capacity. In order to terminate a relationship with a disabled employee, the company must prepare an order on the last day of his work. If the dismissal document has not been created, the dor becomes indefinite.

Termination of an employment contract

Termination is possible only upon expiration of its validity period. In other cases, the dismissal of a disabled person at the initiative of the employer is unlawful.

Another legal basis for terminating an agreement between the parties is when an employee, based on the results of medical examination, is declared incompetent, or, on the recommendation of a doctor, is forced to change his occupation. If there is no suitable position in the organization, he is fired.

Employment agreement with a disabled person hired under quotas

Disabled people have the same right to official employment as other Russian citizens. To preserve their chance to get a job, the government adopted a quota law. This means that a certain number of jobs are reserved for disabled people. Depending on the size of the organization, the quota percentage is:

• from 30 to 100 employees - 2%;
• from one hundred employees - 3%.

In this case, the company does not have the right to refuse a person with a disability. The document is drawn up standard for people with disabilities based on the category.

Conclusion

Disabled people are the most vulnerable category of citizens. The Russian government pays special attention to employment, introduces quotas, protects their working rights, and monitors violations by employers.

The presence of benefits for working conditions makes it possible for persons with limited legal capacity to work without harm to their own health.

Source: https://ProInvalid.ru/trudoustrojstvo/obrazets-trudovogo-dogovora-s-invalidom

Working hours

The legislation does not provide for a reduction in working hours for persons with group 3 disabilities.

According to the general rule, they are subject to Art. 91 of the Labor Code of the Russian Federation on a 40-hour working week. But if there is a special clause about reducing the working day in the medical report, the employer is obliged to reduce the total duration of work to the required level (Articles 11 and 23 of the Federal Law No. 181, Articles 95 and 224 of the Labor Code of the Russian Federation).

Citizens who have been assigned a Group 2 disability have the right to expect a reduction in the working week to 35 hours in accordance with Part 1, Art. 92 of the Labor Code of the Russian Federation, and the duration of daily shifts must be reflected in the disability certificate (Part 1, Article 94 of the Labor Code of the Russian Federation).

Features of drawing up an employment contract with a disabled person of group 3

Disabled people, like others, have the right to work. Employment of a disabled person of group 3 is carried out according to the general rules prescribed by law, however, some specifics are established. This article will tell you what the distinctive features are when registering a company with people with disabilities.

If we talk about additional leave for disabled people of group 3, the labor code also defines it. Details can be found in the article at the link.

How to draw up an employment contract with a disabled person?

The main regulatory document in the Russian Federation, which prescribes the principles of employment of people with disabilities, is Federal Law No. 181. The general conditions for recruiting persons for positions are set out in the Labor Code. The legislation contains the following features of an employment contract with a disabled person:

• when the employer determines the duration of work for a disabled person, the indications set out in his medical report must be taken into account. The law does not establish guarantees for reduction of work time in relation to workers with disability group 3, but in accordance with doctors’ prescriptions it may have limitations;
• if the working hours are reduced due to medical conditions, the disabled employee is entitled to the same payment as would be paid for a fully worked week;
• The law prohibits employers from assigning disabled people to shifts at night, on weekends, holidays, as well as on additional duty without the consent of the employee. In such engagements, the employee is properly aware of his right to refrain from working beyond the norm;
• The work process for an employee with disabilities must be safe; the employer takes measures to create appropriate working conditions, determined by a medical document.

All these features should be reflected in the individual agreement drawn up with the employee, and in the collective agreements in force at the enterprise.

Documents for drawing up an employment contract with a disabled person

The main package of documents that is necessary for employment contains Art. 65 TK. It consists of the following:

• passport;
• SNILS;
• employment history;
• diploma, certificate and other evidence of a person’s special knowledge and skills;
• military ID, if available.

When hiring a person with a disability group, the personnel officer should additionally request a medical certificate of the established form, as well as an individual rehabilitation program.

Thus, when employing a person with disabilities, he is required to provide the employer with direct documents specified in the law, as well as indirect documents indicating the degree of his health.

How to include leave for a disabled person in an employment contract?

Workers with disability group 3 are entitled to a rest period of at least 30 days a year. In addition, they can also take an additional 60 days at their own expense. The procedure for providing rest time is prescribed in a special section of the concluded contract.

Additional agreement to the employment contract for a disabled person

Sometimes it happens that a disability was established for an employee during his employment relationship with the employer. Any changes in the employee’s health entail the preparation of additional information. agreements. An additional agreement is also concluded when the conditions and type of work, as well as payment, change.

Termination of an employment contract with a disabled person - conditions

Dismissal of this category of workers is carried out according to general rules. There cannot be any special reasons for breaking the employment relationship. The grounds are provided in the Labor Code.

Thus, for disabled people, the law establishes guarantees and compensation when they carry out labor activities. This category of workers is under increased social protection of the state.

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Source: https://www.samso.ru/trudovoj-dogovor/osobennosti-oformleniya-trudovogo-dogovora-s-invalidom-3-gruppy.html

https://youtu.be/CUWfwBsMwR4

Night shifts, work on weekends and holidays

In accordance with current legislation, a disabled employee should not be required to work overtime without his own consent.

Such a prohibition is indicated by Art. 96, 99 and 113 of the Labor Code of the Russian Federation.

In addition, this consent must be formalized in writing, and before this, the disabled person must familiarize himself in detail with his rights, including the refusal to work outside normal hours, confirming the fact of familiarization with a personal signature.

How is an employment contract between an individual entrepreneur and an employee drawn up? Read our article. What is the duration of the employment contract? Find out here.

Sample employment contract with a disabled person

The organization of work for disabled workers has a number of features related to the need to adapt the workplace and conditions for performing duties in accordance with the capabilities of the citizen.

Depending on the cause of disability, a person may be limited in the performance of certain functions, and therefore, the employer may be required to carry out special work aimed at preparing workplaces for disabled people and providing comfortable working conditions for them. In this article we will tell you how an employment contract is concluded with a disabled person.

The rights of people with disabilities are protected by Russian legislation, in particular, laws oblige employers to hire a person with a disability, while creating proper working conditions for him. The number of vacant positions for people with disabilities in each organization is determined in accordance with the local legislative framework.

That is, each employer must have a certain number of jobs for persons with disabilities, and their number in each specific case is determined individually based on the adopted legislative acts of local authorities.

Employment of a person with a disability is necessarily accompanied by the conclusion of an employment contract, which has some features related to additional guarantees provided to disabled people in accordance with labor laws.

Job quotas for disabled people

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Disabled people are a segment of the population that requires increased protection from the state. This category includes those individuals who, due to impaired body functions, have various limitations in their capabilities.

A citizen who is recognized as disabled must have appropriate documentary evidence from a medical and social examination, which indicates the disability group. The limited functional capabilities of disabled people, as a rule, make employers want to give preference to those persons who do not have such limitations.

To guarantee the opportunity for people with disabilities to realize themselves in work, quotas for jobs have been introduced for this category of citizens. Its essence is to provide a certain number of special jobs by each employer for the employment of disabled people.

Specific minimum values ​​of vacancies for the category of persons under consideration are established by the constituent entities of the Russian Federation. At the state level, boundaries are determined as a percentage of the average headcount of the organization, within which the number of special jobs can vary:

• 2-4% – with a number of 35 to 100 employees;
• Up to 3% – with more than 100 employees.

For example, in Moscow this figure for employers with more than 100 employees is 2%, and in the Leningrad region for similar organizations it is 3%. In accordance with the quota, the employer must approve a local act on the creation of jobs for people with disabilities.

Workplaces for disabled people must be prepared and adapted to the employee’s capabilities and equipped with the necessary equipment.

The employer must report monthly availability of vacancies for disabled people to the employment center. This information is used to select a suitable candidate for the position.

Rights and obligations of the employer

3.1. The employer has the right:

— conclude, amend and terminate an employment contract with the Employee in the manner and under the conditions established by the Labor Code of the Russian Federation and other federal laws;

— conduct collective negotiations and conclude collective agreements;

— encourage the Employee for conscientious, effective work;

— require the Employee to fulfill his job duties and take care of the property of the Employer (including the property of third parties owned by the Employer, if the Employer is responsible for the safety of this property) and other employees, and compliance with internal labor regulations;

— bring the Employee to disciplinary and financial liability in the manner established by the Labor Code of the Russian Federation and other federal laws;

— adopt local regulations;

- create associations of employers for the purpose of representing and protecting their interests and join them;

— create a works council;

— [other rights provided for by the current Labor legislation

and other regulatory legal acts containing labor law standards, collective agreements, local regulations].

3.2. The employer is obliged:

— comply with the labor legislation of the Russian Federation and other regulatory legal acts containing labor law norms, local regulations, terms of the employment contract, agreements, collective agreement [if any];

This is important to know: What is the minimum term of a fixed-term employment contract?

— provide the Employee with work stipulated by the employment contract;

— ensure safety and working conditions that comply with state regulatory requirements for labor protection;

— create working conditions for the Employee in accordance with the individual rehabilitation program;

— provide the Employee with equipment, tools, technical documentation and other means necessary to perform his job duties;

— provide the Employee with equal pay for work of equal value;

— pay the full amount of wages due to the Employee within the terms established in accordance with the Labor Code of the Russian Federation, the collective agreement [if any], internal labor regulations, and the employment contract;

— conduct collective negotiations, as well as conclude a collective agreement in the manner established by the Labor Code of the Russian Federation;

— provide employee representatives with complete and reliable information necessary for concluding a collective agreement, agreement and monitoring their implementation;

— familiarize the Employee, against signature, with the adopted local regulations directly related to his work activity;

— timely comply with the instructions of the federal executive body authorized to carry out federal state supervision over compliance with the labor legislation of the Russian Federation and other regulatory legal acts containing labor law norms, other federal executive bodies exercising state control (supervision) in the established field of activity, pay fines imposed for violations of the labor legislation of the Russian Federation and other regulatory legal acts containing labor law norms;

— consider submissions from the relevant trade union bodies, other representatives elected by employees about identified violations of the labor legislation of the Russian Federation and other acts containing labor law norms, take measures to eliminate the identified violations and report on the measures taken to the specified bodies and representatives;

— create conditions that ensure the Employee’s participation in the management of the organization in the forms provided for by the Labor Code of the Russian Federation, other federal laws and the collective agreement [if any];

— provide for the Employee’s everyday needs related to the performance of his job duties;

— carry out compulsory social insurance of the Employee in the manner established by federal laws;

— to compensate for damage caused to the Employee in connection with the performance of his labor duties, as well as to compensate for moral damage in the manner and under the conditions established by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation;

— [other duties provided for by the current Labor legislation

and other regulatory legal acts containing labor law standards, collective agreements, local regulations].

Employment contract with a disabled person

Reading time: ~6 minutes Marina Semenova 783

Some people have health or physical disabilities that do not hinder their ability to work. Many citizens with disabilities of groups 2 and 3 successfully work in enterprises in conditions permitted by the IPRA.

It is important to correctly draw up an employment contract with a disabled person in order to avoid violation of legal requirements.

Normative base

The full-fledged work activity of people with disabilities occurs thanks to legislation that takes care of disabled citizens in the following regulations:

• Federal Law No. 181 - “On the social protection of people with disabilities”, in addition to the possibility of obtaining a decent job, this document provides for quotas for people with disabilities in enterprises of all forms of ownership.
• Legislative acts at the local level that fix the number of vacant positions for special people in each organization.
• Code of Administrative Violations, which provides penalties for refusing contact with a person with disabilities.
• The Labor Code, which has a section dedicated to the rights of disabled people at work.
• Order No. 1031n of the Ministry of Health and Social Development, which approves forms of certificates confirming the limited physical capabilities of job applicants.

How to compose correctly

The agreement between the employer and the applicant with a disability is concluded in the form of an agreement. This document is fundamental in the relationship between the parties. Regulates issues related to labor activity. An employment contract with a disabled person must contain all legal requirements regarding the employment of special people.

Depending on the degree of ability to perform labor activities, a standard contract may contain adjustments in the form of an additional agreement, which will reflect all the labor criteria prescribed to the applicant

A properly drafted agreement contains the following sections:

Which disability group is non-working?

• The subject of the agreement, which should indicate the specific name of the position for which the disabled person is hired.
• Labor criteria corresponding to the position held.
• Listing of duties performed by a subordinate, drawn up in accordance with the IPR.
• Employee rights.
• Responsibilities and rights of management.
• The “Working time” subsection must contain detailed information about the exact work schedule, indicating the number of hours worked and rest time.
• Procedure for granting leave.
• The exact amount of monthly earnings, the schedule for issuing money.
• Information about whether the document is urgent or concluded before the initiative of one of the parties is identified. The presence of a probationary period (if any) is indicated in the same column.
• Features of termination of a signed agreement.
• Organizational aspects of resolving controversial issues if they arise between the parties.

A sample employment contract is publicly available on legal websites, and the version of the contract provided by the employer can always be compared with the standard sample. employment contract can be found here.

An employer should study and implement the following aspects of hiring a person of any disability group:

• period of assignment of disability;
• compliance of working hours in the contract with the prescribed IPR;
• there is a ban on overtime hours and business trips;
• special working conditions indicated in the MSEC certificate;
• maintaining full earnings during a shortened work shift.

A correctly drawn up document must contain compensation and guarantees provided to people in accordance with the law and the collective agreement of the enterprise.

With a disabled person of group 1

When employing a person with injuries or diseases belonging to group 1, the specified contract must be drawn up taking into account all special conditions provided for by law.

In essence, a person with a disability in this category is deprived of the ability to carry out work activities and is recognized as completely incapacitated. But in some situations, an employee in group 1 is recognized as partially able to work and can apply for a job.

Hiring a special employee into production obliges the enterprise administration to approach the conclusion of the contract with full responsibility.

A group I disabled person has all the rights to benign conditions corresponding to his objective condition and physical capabilities. It is unacceptable to place a disabled person in working conditions in which the performance of his immediate duties will threaten his life or health.

the document should not infringe on the interests and rights of an employee with a disability. The form of the agreement will not have significant differences in comparison with the standard agreement.

With a disabled person of group 2

It is necessary to understand that people with group 2 cannot perform the usual duties of an employee. However, the administration does not always agree to perform only those duties that are safe for him.

A person with a second disability group has the opportunity to begin work only after the creation of specialized conditions specified in the individual recovery program.

Therefore, the applicant is required to have an MSEC certificate identifying the options for his competence.

the relevant agreement must be drawn up in a similar manner to the standard agreement. In this case, it will be important to record in the text of the document the main nuances of cooperation between the parties. An employee can only be involved in duties that are permitted according to the ITU certificate. This is what is written down when concluding the contract.

An employer may not limit the legal privileges of a disabled employee

With 3 disability group

The candidate, being a disabled person of group 3, is accepted for cooperation when concluding a contract on a general basis. It is also acceptable not to submit documents indicating physical limitations at all. Since, in accordance with Part 1 of Article 65 of the Labor Code, the list of types of documentation required to be submitted for employment does not include a certificate of assignment of a degree of disability.

But in case of presentation of his preferential category, a disabled person of group 3 is entitled to begin his duties only after the creation of special conditions specified in his individual rehabilitation program.

In this case, the agreement specifies the following points:

• capabilities of a sick employee;
• conditions for performing professional activities specified within the scope of his capabilities;
• social privileges;
• duration of activity, since people of this subgroup also have the right to count on a shortened day.

With a disabled home worker

The law provides that an employee with a disability may perform work from home when employed.

But this nuance must be properly recorded with the inclusion of additional clauses in the contract with a disabled person, indicating in detail the place of performance of the work.

As well as all the activities accompanying this process - provision of materials, reporting on completed tasks and the amount of compensation payments.

First of all, a candidate with an official permit to work from home should find a suitable job. In this case, state social services are required to provide assistance.

It is important to know that such a citizen is not limited in his search, and any refusal based on physical disabilities will be unlawful and regarded as discrimination.

The presence of a disease in a child with the assignment of disability indicates that the parent caring for such a child does not have the opportunity to perform full-time work. Therefore, certain privileges are legally provided for such people.

When concluding a contract with the mother or father of a special child, management should adjust the clauses of the document taking into account the regulatory rules for organizing the work of these parents.

These rules apply to those whose child’s condition allows them to work, and does not require constant presence with him, and apply only if there is documented medical confirmation of the descendant’s disability.

An important condition when concluding an agreement with the person-guardian of an unhealthy child is the approval of a part-time work shift or, in agreement with the contractor, an incomplete week with additional days off.

The severance of the relationship between employer and employee occurs depending on the type of contract concluded. In the urgent option, the relationship with the disabled person is terminated only if the validity period expires. There is a deviation from this rule in the form of termination of the legitimacy of an action in circumstances where a citizen is declared completely incompetent.

Indefinite employment gives certain rights to a disabled person regarding dismissal. Thus, when a unit is reduced, the employer is ordered to provide other activities to the disabled person of a nature feasible for him.

If doctors prescribe a change in activity of a lighter nature, the manager is obliged to provide such work. And only if the enterprise lacks the ability to implement such recommendations, the dismissal of a disabled person will comply with the law.

In other cases, the annulment of the relationship occurs only at the initiative of the disabled person.

Source: https://invalidu.com/raznoe/trudovoy-dogovor-invalidom

Employment contract with a disabled person in 2020: 123 groups sample with a home worker

In this case, the document will have to contain additional paragraphs detailing the place of work, the materials provided, the procedure for reporting on activities and the amount of compensation. The presented sample complies with all the rules for drawing up a standard agreement.

Attention

To correctly enter the indicated item, you can use the example and enter the necessary data. Download a sample employment contract with a disabled homeworker. Is it possible to conclude a fixed-term employment contract with a disabled person? A fixed-term contract is concluded on the basis of the need to perform a certain type of activity within a specified time period.

The document must necessarily stipulate its validity period, working conditions and payment terms. In addition to these provisions, the following must be included in the content of the work act:

• Provide the employee with everything necessary for work;
• Comply with labor laws;
• Pay for the work of a disabled person;
• Comply with insurance laws.

Responsibilities of the employee:

• Perform the functions assigned to him, corresponding to the position - he must be guided by the employment contract and job description;
• Comply with the rules and requirements established in the organization (work schedule, labor protection, labor discipline);
• Protect the employer's property;
• Other duties depending on the position.

Employment contract with a disabled homeworker A disabled person, due to his functional limitations, can get a job to do work at home.

How to get benefits in 2019

Having a disability is not at all an obstacle to work, and many people with disabilities of groups 2 and 3 work fully.

Working conditions and maximum workload are indicated in the individual rehabilitation plan for a disabled person and are determined depending on the disability group and the nature of the physical impairments.

The presence and group of disability is determined by the regional medical and social expert commission (ITU). For citizens over 18 years of age, disability is established for a period of 12 months. For children under 18 years of age - for a period of 12-24 months (depending on the nature of the pathology and the severity of the health disorder). In case of persistent loss of labor functions, disability is established indefinitely (only at repeated examinations).

• Real estate is purchased with funds from the regional budget and provided to those in need on a first-come, first-served basis.
• When allocating housing to a disabled person, the health status of all members of his family is taken into account.
• The living space and the building in which it is located must be equipped with the special equipment necessary for a disabled person to live a full life.
• The area per resident must be no less than that provided by the social norm.
• Instead of an apartment, a disabled person may be provided with a plot of land for the construction of a private house.