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How to formalize quotas for jobs for people with disabilities. Quotas and special jobs for people with disabilities

The state regulates ways to provide people with disabilities with suitable jobs. However, despite the availability of positions, not all employers are ready to hire a person with disabilities.

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Such an employee is entitled to additional benefits that discourage employers. To ensure that registering a disabled person does not cause problems, quotas were developed.

What is it

Job quotas is a process associated with the creation of positions for a specific group of people. A quota for disabled people is an obligation of employers to develop special places and employ people with disabilities. The number of special places is calculated based on the average number of employees in the company.

Federal Law No. 181 established quotas for people with disabilities:

If an employer refuses to follow the law, he will be subject to an administrative fine. Questions arise due to the lack of a clear definition in the laws of the allocation of a workplace.

If you look at Federal legislation, the employer must register in personnel documents a place for an employee, indicating it in the staffing table. That is, the boss is physically obliged to create a place for a disabled person.

The administrative responsibility of an enterprise does not mean that employers must independently look for disabled people and fill the quota. Persons with disabilities are dealt with by the Employment Center, to which organizations report.

Position

Federal Law No. 181 establishes the obligation of organizations to allocate places for people with disabilities. If questions arise, you should refer to Moscow City Law No. 90, according to which bosses are required to create places for employment of citizens with disabilities.

In the regions

To better understand the quotas for jobs for people with disabilities in 2019 in the regions, it is necessary to take into account the laws of the subject.

The percentage may vary from city to city:

Features of quotas for people with disabilities

The legislation establishes specifics that enterprises are required to follow when determining places for people with disabilities.

For example, only some organizations are required to create quotas:

if the number exceeds 100 people (citizens are officially employed). If the company employs from 35 to 100 people, then the quota will be minimal. Small firms should not create separate locations;
if the organization operates in one of the forms of ownership, there is no need to create places. For example, state enterprises accept people with disabilities on an equal basis with other applicants;
if the company’s activities are aimed at supporting people with disabilities, there is no separate quota;
There is no requirement to create accommodations for businesses where workers operate in difficult or dangerous conditions.

The local government is given the right to set the size of the quota in the region. Rates vary significantly from subject to subject. If a disabled person wants to enter the Ministry of Internal Affairs or relevant structures, they submit an application on a general basis.

Procedure

Before determining the quota in the region, you need to wait for up-to-date data from the state. Once the information is received, quota obligations can be met in 4 ways:

the employer published an advertisement for hiring an employee under a quota and received an application from a disabled person;
a disabled person came to the Employment Center to get a workplace;
the company sent a notification to the city Employment Center, which is looking for a suitable professional;
an enterprise and a disabled person participate in a job fair, the person undergoes an interview and gets a job.

Regardless of the chosen employment option, further registration of a disabled person follows a standard algorithm.

How to write an order and its sample

Regardless of the form you choose, you must provide the following information:

full name of the organization, document details, registration date;
the name of the order, on the basis of which laws the employer makes a decision to hire a disabled person;
the body of the order must contain instructions on preparing the place and appropriate working conditions for the new employee;
at the end of the document, complete information about the director or person who issues the order is entered;
The date and signature are added last.

Sample filling:

Responsibilities of a personnel officer

The personnel officer is obliged to employ a citizen according to the standard procedure:

a disabled person undergoing an interview;
For registration, documents are received by the HR department, the accuracy and availability of qualifications are checked;
a person loses his unemployed status at the Employment Center;
a citizen receives a report from a personnel officer about his acceptance of a job.

An employer has the right to hire a person with disabilities without a quota. In some constituent entities of the Russian Federation, there is an increased percentage of vacancies for citizens who work in the public service.

The registration procedure repeats the standard one. The only exception is the creation of comfortable working conditions for a disabled person and the registration of additional benefits.

Documents

Despite the standard procedure for applying for a job, labor relations with disabled people are somewhat different from the generally accepted ones.

For example, an employment contract signed with a group 3 disabled person must contain the following conditions:

the employee should not be involved in dangerous or harmful conditions, or in work that is impossible to perform for health reasons;
a disabled person should not go on business trips;
people with disabilities work less than others. Remuneration and calculations take place taking into account reduced hours;
It is prohibited to call disabled people to work on holidays and weekends;
indicates the number of sick days per year paid by the employer;
standard vacation is 30 days, additional days of rest are also provided.

If an enterprise falls under the quota law, the following documents are required:

quota regulations, which must stipulate:
- the size of the quotas and for which groups it is suitable;
- the process of implementing measures to accept people with disabilities;
- employee assigned responsibilities.
order for registration of a workplace, which includes:
- the position to which a disabled person is applying;
- the process of changing conditions for the implementation of duties at the enterprise;
- citizen responsible for enforcement.

Report

Job quotas are checked by executive authorities, so employers must submit a report. If a public organization helps people with disabilities and its authorized capital consists of the association’s contribution, then no additional documents are required.

Employment service authorities receive monthly reports from organizations on created or re-registered places for people with disabilities. The employment center checks local documents, the number of places and information about new positions. Monthly reports are compared with current data.

Regional legislation may determine reporting deadlines. If the director of an enterprise is not sure about the process of submitting documents in his subject, it is necessary to check the legal act in the field of labor and employment.

Completed sample:

Employer's liability for violations

If an employer refuses employment to disabled people without legal grounds or does not create places for citizens with disabilities, he will be fined an administrative fine of 5 to 10 thousand rubles.

However, the entrepreneur will not get away with paying a fine: the legislation stipulates additional liability for failure to provide places for people with disabilities, which is regulated by regional authorities. The second fine ranges from several thousand to 20 thousand rubles.

Article 5.42 of the Code of Administrative Offenses establishes that persons who refuse to hire a disabled person are subject to administrative liability.

That is, the personnel officer is also held accountable for failure to fulfill duties. However, there is no separate article for the fact that an entrepreneur does not submit reports on time.

The employer is obliged to provide quota places on time. He has no right to refuse work to disabled people for reasons unrelated to their qualifications, knowledge or skills. The duty is considered fulfilled when there are no applicants or there are enough disabled people working at the enterprise.

At this stage of the country's development, citizens with disabilities can find well-paid jobs tailored to their unique needs.

Most enterprises are required to provide a small number of places for disabled people, assessing them based on qualifications and skills. Some organizations offer remote work related to processing and receiving information via the Internet.

Posted On 06/19/2018

LAW

CITIES OF MOSCOW

ABOUT QUOTING JOBS IN THE CITY OF MOSCOW

(as amended by the Law of Moscow dated June 26, 2002 N 32)

This Law establishes the legal, economic and organizational basis for quotas for jobs in the city of Moscow for hiring people with disabilities, as well as creating jobs for citizens who are especially in need of social protection.

Article 1. Legal basis for job quotas in the city of Moscow

The legal basis for quotas of jobs for people with disabilities in the city of Moscow is the Constitution of the Russian Federation, the Labor Code of the Russian Federation, the Code of the Russian Federation on Administrative Offences, the Laws of the Russian Federation “On Employment of the Population in the Russian Federation”, “On Social Protection of Disabled Persons in the Russian Federation”, “ On the basic guarantees of the rights of the child in the Russian Federation”, “On education”, “On additional guarantees for the social protection of orphans and children left without parental care”, “On the living wage in the Russian Federation”, other regulatory legal acts of the Russian Federation, The Charter of the City of Moscow, the Laws of the City of Moscow “On State Targeted Programs in the City of Moscow”, “On Social Partnership”, this Law and other regulatory legal acts of the City of Moscow adopted in accordance with this Law.

Article 2. Conditions for quotas for jobs

1. Quotas for jobs are carried out for disabled people recognized as such by the state service of medical and social examination, in the manner established by the Government of the Russian Federation.

2. Employers, regardless of organizational and legal forms and forms of ownership, organize quota-based jobs in the city of Moscow at their own expense.

3. Fulfillment of the quota is considered to be the employer’s employment of disabled people, confirmed by the conclusion of an employment contract, the period of work for which in the current month was at least fifteen calendar days.

4. In case of non-fulfillment or impossibility of fulfilling the established quota for hiring disabled people, employers pay a monthly obligatory payment to the budget of the city of Moscow for each unemployed disabled person within the established quota in the amount of the subsistence minimum for the working population established in the Russian Federation on the day of payment.

Article 3. Procedure for establishing a quota

1. Employers operating in the city of Moscow, whose average number of employees is more than 30 people, are set a quota for hiring disabled people in the amount of 4 percent of the average number of employees.

2. The employer independently calculates the size of the quota based on the average number of employees employed in the city of Moscow. The average number of employees in the current month is calculated in the manner determined by the authorized federal executive body in the field of statistics. When calculating the number of workers employed under the quota, rounding is done downward to the whole value.

3. Public associations of disabled people and organizations formed by them, including business partnerships and societies, the authorized (share) capital of which consists of the contribution of a public association of disabled people, are exempt from mandatory quotas of jobs for disabled people.

4. Employers whose average number of employees is more than 100 people may employ young people under the age of 18, as well as persons from among orphans and children without parental care, under the age of 23, against the established quota, but with In this case, the number of disabled people hired for quota jobs should not be less than 3 percent of the average number of workers.

Article 4. Implementation of the rights and obligations of employers

1. Employers have the right to request and receive from the authorized executive body of the city of Moscow information necessary for the creation of quota jobs.

2. Employers, in accordance with established quotas, are obliged to create or allocate jobs for the employment of people with disabilities within a month from the date of their introduction.

3. Employment of citizens against established quotas is carried out by employers independently, taking into account proposals from the authorized federal executive body in the field of labor and employment and the authorized executive body of the city of Moscow in the field of social protection of the population, as well as public organizations of disabled people.

4. Employers who have not fulfilled the quota conditions are required to provide monthly information (information) to the authorized bodies about the availability of vacancies for hiring people with disabilities.

Article 5. Liability for failure to comply with this Law

1. For failure to comply with this Law, employers are liable in accordance with the legislation of the Russian Federation and the city of Moscow.

2. Payment by an employer of an administrative fine does not relieve him of his obligations to comply with the requirements of this Law.

Article 6. City programs to create jobs for citizens in particular need of social protection

1. In order to employ citizens who are especially in need of social protection and create additional specialized jobs for people with disabilities, city programs are developed and implemented.

2. The categories of citizens for whom jobs are created within the framework of city programs are determined by the Moscow Government based on an analysis of the situation developing in the city’s labor market, taking into account the recommendations of the Coordinating Committee for the Promotion of Employment of the Moscow Population.

3. Accounting for the receipt of funds from employers and their intended use in accordance with this Law is carried out through the formation of a target budget fund as part of the Moscow city budget.

Mayor of Moscow

Yu.M. Luzhkov

Moscow, Moscow City Duma

Law
On quotas for jobs for people with disabilities in

Republic of Buryatia

People's Khural

Republic of Buryatia

Article 1. Legislation of the Republic of Buryatia on quotas for jobs for people with disabilities
The legislation of the Republic of Buryatia on quotas of jobs for disabled people is based on the Constitution of the Russian Federation, the Labor Code of the Russian Federation, the Federal Law “On Social Protection of Disabled Persons in the Russian Federation”, the Law of the Russian Federation “On Employment of the Population in the Russian Federation”, the Constitution of the Republic of Buryatia and consists of of this Law, other laws of the Republic of Buryatia and other regulatory legal acts of the Republic of Buryatia regulating the issues of quotas for jobs for people with disabilities.

Moscow Law of December 22, 2004 No. 90 “ON QUOTATION OF JOBS IN THE CITY OF MOSCOW”

Article 2. Basic concepts used in this Law
For the purposes of this Law, the following concepts are used:

Quota for the employment of disabled people (hereinafter - quota) - the minimum number of jobs (as a percentage of the average number of employees) for disabled people whom the employer is obliged to employ in a given organization, including the number of jobs in which citizens of the specified category are already working;
Job quotas – allocation of jobs for the employment of people with disabilities in accordance with the established quota.

Article 3 Establishment of quotas for organizations

Organizations, regardless of organizational and legal forms and forms of ownership (hereinafter referred to as organizations), whose number of employees is more than 100 people, are set a quota of 3 percent of the average number of employees.
For each organization within the quota, the executive body of the Republic of Buryatia authorized by the Government of the Republic of Buryatia (hereinafter referred to as the authorized body), which exercises control over the quotas for jobs, establishes a minimum number of special jobs for employing people with disabilities.
In accordance with federal legislation, public associations of disabled people and organizations formed by them, including business partnerships and societies, the authorized (share) capital of which consists of the contribution of a public association of disabled people, are exempt from mandatory quotas of jobs for disabled people.

Article 4. Procedure for filling quotas

Employment of disabled people against established quotas is carried out by the employer both in the direction of the state employment service and by those who independently apply for work in accordance with individual rehabilitation programs for disabled people.
Fulfillment of the quota is considered to be employment by the employer against the quota of disabled people, confirmed by the conclusion of an employment contract, taking into account already working disabled people who were previously hired in this organization.

Article 5. Certain powers of executive authorities of the Republic of Buryatia

The Government of the Republic of Buryatia establishes the procedure for the employer to provide information (information) necessary for organizing the employment of disabled people.
The authorized body has the right:
1. check relevant documents in organizations in order to obtain complete and reliable information on issues of employment of people with disabilities;

2. interact when carrying out their activities with other executive authorities of the Republic of Buryatia, local government bodies, public organizations of disabled people.
Article 6. Liability for failure to comply with this Law
For failure to comply with this law, employers are liable in accordance with current legislation.
Article 7. Entry into force of this Law
This Law comes into force 10 days from the date of its official publication.

President of the Republic of Buryatia

L.V. Potapov

Ulan-Ude

Government
Moscow

“It’s not enough to give everything you have if you don’t give a piece of yourself” Unknown author

“Great thoughts come from the heart” L. Vauvenargues

“Man is reflected in his actions” F. Schiller

“Reasonable and moral always coincide” L.N.

Moscow Law “On Job Quotas” dated December 22, 2004 N 90 (as amended on April 30, 2014)

“The purpose of a person is precisely to do good” V.I. Dahl

“It is as good to set a good example as to follow it” F. Bacon

“The best among people is the one who brings more benefit to others” A. Jami

“Good intentions are nothing if they are not translated into good deeds” J. Joubert

“Alms perpetuate poverty; help eliminates it once and for all" Eva Peron

“It is action that gives virtue its true value and dignity” Cicero

Department of Labor and Social Protection of the Population of Moscow

Algorithm for quotas of jobs for people with disabilities and youth

Law of the Republic of Moldova dated 12.07.1999 N 40-З (as amended on 12.07.2002) “On QUOTATION OF JOBS” (adopted by the State Council of the Republic of Moldova on 03.07.1999)

Archive

LAW

REPUBLIC OF MORDOVIA

ABOUT JOB QUOTATIONS

State Assembly

Republic of Mordovia

This Law defines the legal, economic and organizational basis for quotas for jobs in enterprises, institutions and organizations located on the territory of the Republic of Mordovia, and regulates relations between employers, employment service bodies and local governments of districts (cities) to establish quotas to ensure additional employment guarantees for citizens who are especially in need of social protection (except for persons whose job quotas are carried out in accordance with federal legislation).

Article 1. The concept of “job quota”

Quota - the minimum number of jobs for citizens who especially need social protection and have difficulty finding work, as a percentage of the average number of employees of enterprises, institutions and organizations (hereinafter referred to as organizations), regardless of the organizational and legal forms that the employer is obliged to employ in a given organizations. The quota includes the number of jobs already occupied by citizens who are in particular need of social protection.

Article 2. Establishing a quota of jobs in organizations

1. The quota of jobs for hiring citizens who are especially in need of social protection is established by local government bodies of districts (cities) of the Republic of Mordovia, taking into account proposals from employment service bodies, public organizations representing the interests of these groups of citizens, on the basis of agreements concluded between local government bodies of districts (cities), employment service bodies and employers (hereinafter referred to as agreements).

2. A quota of jobs for hiring citizens who are especially in need of social protection is established for organizations, regardless of organizational and legal forms, whose number of employees is over 30 people.

3. The size of the job quota is established by local government bodies of districts (cities) annually, taking into account the situation on the labor market in the district (city), for a period of at least a calendar year. The quota size cannot exceed 3% of the average number of employees of the organization.

4. Employers are informed about the introduction of a quota by local government bodies of districts (cities) at least three months before its establishment. Employers implement decisions of local governments to create quota jobs within the time limits specified in the contracts.

5. Public associations of disabled people and organizations owned by them, the authorized capital of which consists of contributions from public associations of disabled people, are exempt from mandatory job quotas.

Article 3. Citizens for whom job quotas are applied

1. Job quotas are carried out for the following categories of citizens who are especially in need of social protection:

youth under the age of 18 looking for work for the first time;

graduates of general education institutions, as well as institutions of primary, secondary and higher professional education;

single and large parents raising minors or disabled children;

citizens discharged from military service and members of their families;

persons released from penal institutions;

refugees and internally displaced persons.

2. Taking into account the situation on the labor market, local government bodies of districts (cities) can establish a quota of jobs for other vulnerable categories of citizens.

3. A quota of jobs is established for the employment of citizens permanently residing in the Republic of Mordovia.

Article 4. Sources of financing

Costs associated with job quotas are covered by employers, local budgets and other sources.

Article 5. Rights and obligations of employers

1. Employers have the right to request and receive from local government bodies, employment services for the population of districts (cities) of the Republic of Mordovia information necessary for job quotas.

2. Employers, in accordance with the established quota, are obliged, within the time limits specified in contracts, to allocate or create jobs for the employment of citizens who are especially in need of social protection.

3. Employment of citizens against the established quota is carried out by employers in the direction of the employment service authorities and independently with notification of the employment service.

4. if it is impossible for employers to fulfill the terms of contracts when hiring citizens from vulnerable categories of the population, employers pay a mandatory fee for each unemployed person within the established quota to the appropriate budget of the district, municipal formation of Kovylkino, Ruzaevka and the city of Saransk. The amounts of mandatory payment are established by local government bodies of districts (cities) and must not be lower than the minimum wage established by law and not higher than the average wage prevailing in the republic in total for the year.

(as amended by the Law of the Republic of Moldova dated July 12, 2002 N 28-З)

5. Employers have the right to rent workplaces in other organizations against the established quota.

Article 6. Benefits provided to employers

1. Representative bodies of local self-government of districts (cities) have the right to provide employers fulfilling the quota established for the employment of citizens listed in paragraph 1 of Article 3 of this Law with tax benefits within the limits of tax payments credited to the relevant local budget, on the terms and in the manner specified. provided for by current legislation.

2. Local government bodies of districts (cities) may provide other forms of assistance to employers, providing for the allocation of budget funds to finance activities for the creation of special jobs, payment of compensation to employers for these purposes from local budgets, trust funds and other sources that are specifically stipulated in contracts .

Article 7. Responsibility of employers

Employers who have not fulfilled the terms of agreements on the allocation or creation of jobs against the established quota, as well as who have not reimbursed the costs of creating such places in other organizations, are liable in accordance with current legislation.

Article 8. Entry into force of this Law

This Law comes into force on the day of its official publication.

Head of the Republic of Mordovia

N.I.MERKUSHKIN

Saransk

Legal acts (Regulatory framework) of Moscow

Attention! There is one more document associated with the submitted legal act.
See the end of the current page for more details.

Moscow City Law No. 90 of December 22, 2004

About job quotas

This Law establishes the legal, economic and organizational basis for quotas for jobs in the city of Moscow for hiring disabled people, minors aged 14 to 18 years, orphans and children without parental care under the age of 23, citizens aged 18 to 20 years from among graduates of primary and secondary vocational education institutions looking for work for the first time; creating and maintaining (modernizing) special jobs for people with disabilities, creating jobs for youth of these categories, creating educational places for disabled children studying at home, as well as ensuring unhindered access for people with disabilities to jobs and enterprise infrastructure. Article 1. Legal basis for quotas for jobs in the city of Moscow Quotas for jobs in the city of Moscow are carried out on the basis of the Constitution of the Russian Federation, federal laws and other regulatory legal acts of the Russian Federation, the Charter of the City of Moscow, this Law and other legal acts of the city of Moscow. Article 2. Conditions for quotas of jobs 1. Quotas of jobs are carried out for disabled people recognized as such by federal institutions of medical and social expertise, in the manner and on the conditions established by the Government of the Russian Federation, minors aged 14 to 18 years, persons from among children - orphans and children left without parental care, under the age of 23, citizens aged 18 to 20 years from among graduates of primary and secondary vocational education institutions, looking for work for the first time.

2. Employers, regardless of the organizational and legal forms and forms of ownership of organizations, with the exception of public associations of disabled people and organizations formed by them, including business partnerships and societies, the authorized (share) capital of which consists of the contribution of a public association of disabled people, organize quota-based jobs at their own expense. 3. The fulfillment of the quota for hiring disabled people (hereinafter referred to as the quota) is considered to be the employment by the employer of disabled people who have recommendations for work, and other categories of citizens specified in part 1 of this article, confirmed by the conclusion of an employment contract, the validity of which in the current month was at least fifteen days, or monthly payment to the target budget fund for quotas of jobs in the city of Moscow of the compensation cost of a quota-based workplace in the amount of the subsistence minimum for the working population, determined in the city of Moscow on the day of its payment in the manner established by legal acts of the city of Moscow. Article 3. The procedure for establishing a quota 1. Employers operating in the city of Moscow, whose average number of employees is more than 100 people, are set a quota of 4 percent of the average number of employees. 2. The employer independently calculates the size of the quota based on the average number of employees employed in the city of Moscow. The average number of employees in the current month is calculated in the manner determined by the federal executive body authorized in the field of statistics. When calculating the number of workers employed under the quota, their number is rounded down to the whole value. 3. At the expense of the established quota, employers can employ other categories of citizens specified in Part 1 of Article 2, but at the same time, the number of disabled people hired for quota jobs cannot be less than 2 percent of the average number of employees. Article 4. Implementation of the rights and obligations of employers 1. Employers have the right to request and receive from the authorized executive body of the city of Moscow information necessary for the creation of quota jobs. 2. Employers, in accordance with the established quota, are obliged to create or allocate jobs for the employment of disabled people and other categories of citizens specified in Part 1 of Article 2. Jobs are considered created (allocated) if citizens of the specified categories are employed in them. 3. Employment of citizens against the established quota is carried out by employers independently, taking into account proposals from the federal government body in the field of promoting employment of the population and the authorized executive body of the city of Moscow in the field of social protection of the population, as well as public organizations of disabled people. 4. Employers who meet the requirements of Part 1 of Article 3 of this Law are required to submit quarterly information on the fulfillment of the quota to the executive authority of the city of Moscow coordinating the work on job quotas in the manner established by the Moscow Government. Article 5. Administrative liability for failure to comply with this Law 1. Failure by an employer to fulfill the obligation established by this Law to create or allocate quota jobs shall entail the imposition of an administrative fine on legal entities in the amount of five hundred minimum wages; for officials - in the amount of fifty times the minimum wage. 2. Protocols on cases of administrative offenses provided for in Part 1 of this article are drawn up by officials of the territorial executive authorities of the city of Moscow and the executive authority of the city of Moscow coordinating work on job quotas. 3. Cases of administrative offenses provided for in Part 1 of this article are considered by the administrative commissions of prefectures of administrative districts of the city of Moscow on cases of administrative offenses.

Law of Moscow dated December 22, 2004 no. 90 (as amended on April 8, 2009) “On job quotas”

4. The amount of administrative fines is subject to credit to the budget of the city of Moscow and can be a source of formation of a target budget fund for quotas of jobs in the city of Moscow in accordance with the law of the city of Moscow on the budget of the city of Moscow for the next financial year. Article 6. Activities financed from the funds of the target budget fund for quotas of jobs in the city of Moscow The funds of the target budget fund for quotas of jobs in the city of Moscow are used for the creation and preservation (modernization) of special jobs, specialized areas, workshops and production facilities for people with disabilities, the creation jobs for minors aged 14 to 18 years, orphans and children left without parental care under the age of 23, citizens aged 18 to 20 from among graduates of primary and secondary vocational education institutions, job seekers for the first time, for the purpose of their employment, the creation of educational places for children with disabilities studying at home, as well as ensuring unhindered access for people with disabilities to workplaces and the infrastructure of enterprises. Article 7. Final provisions 1. This Law comes into force 10 days after its official publication. 2. This Law applies to legal relations that arose from January 1, 2005. 3. The Mayor of Moscow and the Moscow Government shall bring their regulatory legal acts into compliance with this Law within two months from the date of its entry into force. 4. The Moscow City Law of November 12, 1997 No. 47, the Moscow City Law of January 30, 2002 No. 5, the Moscow City Law of June 26, 2002 No. 32 shall be declared invalid. P.p. Mayor of Moscow Yu.M. Luzhkov Moscow, Moscow City Duma December 22, 2004 No. 90

Job quotas for people with disabilities in 2018

The requirements of this article determine the size of the quota for hiring disabled people, which is set as a percentage depending on the number of employees of the organization.

These requirements apply to all organizations with at least 100 employees.

In cases where the number of employees is no less than 35 people, but no more than 100 people, the size of the quota may be additionally determined by the legislative acts of the constituent entities of the Russian Federation, if any.

That is, the requirements of the current legislation clearly establish the employer’s obligation to set quotas for jobs for people with disabilities.

However, the question arises: is an employer obligated to hire people with disabilities if there are no vacant positions? As practice shows, many employers confidently believe that the absence of vacant jobs in the organization or the type of activity of the organization does not allow the use of the labor of this category of workers and relieves them of the obligation to hire people with disabilities. Alas, this is not true.

The fact is that ensuring the employment of disabled people, namely their employment, is a 100 percent guarantee of the state and the requirements of the current legislation in no way make dependent the employer’s availability of vacant jobs or the specifics of the enterprise’s activities with the hiring of disabled people.

An employer has the right to refuse to hire a disabled person only in two cases: if the established quota is filled or if the number of employees of the organization does not exceed 35 people, that is, in a situation where he is not the subject of these legal relations.

For failure by the employer to fulfill the obligation to create and allocate jobs for employing disabled people in accordance with the established quota, as well as for the employer’s refusal to hire a disabled person within the established quota, administrative liability is established in the form of penalties in the amount of five thousand to ten thousand rubles rubles

However, the establishment of administrative liability for an employer’s refusal to hire a disabled person, as well as for the lack of allocated and created jobs, does not mean that employers are obliged to independently search for disabled workers and thereby fill the established quota. This position is confirmed by the Supreme Court of the Russian Federation (Determination dated May 22, 2013 No. 50-APG13-5).

In this regard, the provisions of paragraph 3 of Article 25 of the Law of the Russian Federation of April 19, 1991 N 1032-1 “On Employment of the Population in the Russian Federation” establish the obligation for employers to provide information to the employment service authorities regarding:

Availability of vacant jobs (positions);

Created or allocated workplaces for the employment of disabled people in accordance with the established quota for hiring disabled people;

Information about local regulations containing information about these workplaces;

Fulfilling quotas for hiring disabled people.

This information is provided by employers on a monthly basis.

For failure to provide the above information to the employment service authorities, administrative liability is also provided in the form of penalties in the amount of three to five thousand rubles.

In other words, the state policy pursued in the field of employment, including providing disabled people with jobs, is aimed at interaction between employers and employment authorities, which is based on the employer’s obligation to provide relevant information to employment authorities and to employ disabled people sent by these authorities within the limits established quota.

To summarize in this matter, we can clearly say that employers must contribute to the implementation of the state employment policy, including compliance with the established quota for the employment of people with disabilities, by hiring this category of workers within the established quota, both those sent by the employment service and those who applied directly. The absence of vacancies at one or another employer or the presence of activities that do not allow the use of labor of this category of workers does not relieve them of the obligation to hire disabled people.

Institute of Professional Personnel

Job quotas . Additional guarantees of employment for certain categories of citizens experiencing difficulties in finding work.

Job quotas are the determination of the minimum number of jobs (as a percentage of the average number of employees) for people who have difficulty finding work, whom the employer is obliged to employ in a given organization, including the number of jobs in which citizens of the specified categories are already working.

The quota for hiring disabled people is established in accordance with the Federal Law “On Social Protection of Disabled People in the Russian Federation”. Art. 21 Federal Law states:

— for organizations with more than 100 employees, the legislation of the constituent entity of the Russian Federation establishes a quota for hiring disabled people as a percentage of the average number of employees (but not less than 2 and not more than 4 percent);

— public associations of disabled people and organizations formed by them, including business partnerships and societies, the authorized (share) capital of which consists of the contribution of a public association of disabled people, are exempt from mandatory quotas of jobs for disabled people.

The need for quotas for jobs for persons under 18 years of age is provided for in Art. 11 of the Federal Law “On Basic Guarantees of the Rights of the Child in the Russian Federation”.

Employment for disabled people, the state sets quotas for hiring such citizens (Article 20 of the Federal Law of November 24, 1995 No. 181-FZ “On the social protection of disabled people in the Russian Federation”; hereinafter referred to as Law No. 181-FZ).

A quota means that the employer is obliged to conclude an employment contract with a certain number of disabled candidates; Moreover, it is possible to hire such citizens more than the stipulated quota, but less - not.

The specific size of the quota is established by the constituent entities of the Russian Federation, but within the limits defined by Art. 21 of Law No. 181-FZ. The size of the quota is influenced by the number of employees: the larger the organization, the more disabled people it must accept.

If the employer employs from 35 to 100 people, then the quota will not exceed 3% of the average number of employees. Such a condition, for example, is provided by Regional Law No. 284 dated June 11, 2009 and Regional Government Decree No. 456-p dated October 21, 2013. For a company that employs more than 100 people, the quota will be at least 2%, but not more than 4% of the average number of employees. The maximum quota size is provided, in particular, by the laws of the region dated March 11, 2004 No. 14-KZ and the regional laws dated April 27, 2009 No. 41-ZO.

Thus, the main burden of hiring employees with disabilities falls primarily on the shoulders of large businesses.

Previously, when fulfilling the quota, only large companies had to enter into mandatory employment contracts. Reservation of jobs for people with disabilities has been extended to small organizations since July 2013. Moreover, the Government of the Russian Federation expressed doubts about such a need. In his opinion, the introduction of mandatory job quotas for medium and small businesses will lead to an increase in the burden on small enterprises and will complicate their activities.

This fear seems entirely justified. After all, in certain cases, disabled people need to be provided with special working conditions. For example, arrange furniture or equipment in such a way that an employee who uses a wheelchair can move freely in the room if necessary. If an employee has impaired vision or is blind, then his workplace must be equipped with tactile landmarks and radio-equipped. Hygienic requirements for working conditions for disabled people are enshrined in SP 2.2.9.2510-09 (approved by Resolution of the Chief State Sanitary Doctor of Russia dated May 18, 2009 No. 30).

But individual employers may not create permanent workplaces on the territory of the organization. Some regions of the Russian Federation have introduced alternative ways to fulfill the quota, for example, renting a workplace from another employer.

Where to report about jobs for people with disabilities

By law, employers must participate in the employment of people with disabilities. To do this, you need to submit the following information to the employment service on a monthly basis:

on created or allocated jobs for hiring disabled people, taking into account the corresponding quota;
about local regulations containing information about such workplaces;
on fulfilling the quota for hiring disabled people.

This information is transmitted to government agencies on the basis of paragraph. 3 p. 3 art. 25 of the Law of the Russian Federation of April 19, 1991 No. 1032-1 (hereinafter referred to as Law No. 1032-1).

The employer has the right to choose the type of local regulatory act that will contain information about workplaces for disabled people. However, in some regions of Russia recommendations have been developed in this regard. For example, by order of the Moscow Regional Labor Department No. 44-R dated April 26, 2013, an approximate form of an order on quota-based jobs for employing people with disabilities was approved. A sample of such an order for the region can be found at the Employment Center. In the Novosibirsk region, it is assumed that information about such jobs is contained in an order or directive.

If the employer has drawn up an act in a different form, for example, in the form of regulations or rules, then it can be approved by order. The details of the act will need to be indicated when sending information to the employment authorities.

It may be difficult to communicate information about local regulations. Only a few regions have developed the necessary form or reworked the old one by including the required column (regional Government orders dated July 7, 2010 No. 283-Pr, Mosobltruda dated June 13, 2013 No. 54-r; Tambov Region Administration resolutions dated April 17, 2013 No. 391, Government dated October 21, 2013 .2013 No. 351).

If there is no suitable form in the region, then it is better to contact the Employment Center in advance and find out in what form it is more convenient to send information.

Is it possible to meet a quota without creating jobs in the company?

As noted above, many employers are required to hire disabled people against a quota. However, in most cases the law does not provide for an alternative. Organizations are obliged to actually hire this category of workers.

However, in some constituent entities of the Russian Federation, for example, in the Amur region, and regions, regional authorities are accommodating to business. Legislators in the regions have different approaches to solving the problem of fulfilling the quota. In particular, the following methods are used.

Rent of workplaces. This method seems to be one of the most effective methods of protecting the interests of people with disabilities and respecting the economic interests of the employer.

An employer can contact a company that employs disabled people and, therefore, has specially equipped workplaces to rent them in order to fulfill the quota.

Employers have this opportunity, for example, in the territory of Amur, Tyumen, Tula and this is provided for in Art. 8 of the Law of the Amur Region dated July 7, 2004 No. 343-OZ, clause 3 of the Procedure for quotas of jobs for the employment of disabled people (approved by the Decree of the Administration of the Tyumen Region dated October 28, 2003 No. 356), Art. 6 of the Law of January 11, 2006 No. 679-ZTO, art. 3 of the Law of the Oryol Region dated December 6, 2007 No. 726-OZ.

As a rule, employment opportunities are concluded with public associations of disabled people or specialized enterprises, which, through such cooperation, expand the scope of their activities. In this case, people with disabilities can effectively carry out the work assigned to them in appropriately equipped workplaces and receive remuneration from the funds of the tenant organization.

Creation of joint work places. This method is used by agreement between several employers. It consists in creating a full-fledged workshop or site equipped for the needs of disabled workers of several organizations. Reason - clause 3.1 of the Procedure for establishing a quota in organizations for hiring disabled people in the region (approved by Government Decree No. 30/43 of March 14, 2005), Art. 6 of the Law of the Tula Region of January 11, 2006 No. 679-ZTO, art. 6 of the Law of November 25, 2008 No. 244.

In this case, the cooperation of several enterprises reduces the financial burden on the budget of each specific employer. It also becomes possible to assign work to disabled people that they can actually do.

Financing job creation. This implies that the employer invests in the creation and equipment of jobs against the quota in organizations that are owned by public associations of disabled people.

In the Republic, such financing as an alternative to directly filling vacancies with disabled people is enshrined in Art. 5 of the Law of November 28, 2013 No. 111-RZ. In the Belgorod region, employers can finance the creation of jobs against a quota based on Art. 6 of Law No. 244 of November 25, 2008, and in the Tula region - by virtue of Art. 6 of the Law of January 11, 2006 No. 679-ZTO.

Accommodation at enterprises of public associations of disabled people. This option also provides for the actual employment of disabled workers. In the Oryol region, employers can fulfill the quota using this technique on the basis of Art. 3 of the Law of December 6, 2007 No. 726-OZ.

The presence of these alternatives allows the employer to choose the most favorable way for his business to fulfill the quota.

The ability to choose between several options for fulfilling a duty best stimulates the employer. Alternative mechanisms make it possible to actually achieve the socially significant goal set - to ensure employment for a weakly protected category of citizens.

Let us recall that back in 2005, legislators at the federal and regional levels refused to fulfill the quota by introducing fees into the budget instead of creating jobs. However, in the city, at the level of a tripartite agreement, the employer’s right to contribute money monthly for each unoccupied quota workplace for the employment of a disabled person is secured. This is provided for in clause 2.34 of the Moscow tripartite agreement for 2013-2015 between the Moscow Government, Moscow trade union associations and Moscow employers' associations (concluded on December 12, 2012). The amount of such contribution is the subsistence level of the working population, established by the Moscow Government on the day of its payment.

As a result, disabled people remain unemployed, since funds are not necessarily spent on purposes related to the employment of this category of citizens, because payments are not targeted.

In addition, the voluntary nature of payments means that employers are still not exempt from complying with the requirements of the legislation on job quotas. Thus, companies in some regions have the opportunity to choose a convenient way for them to fulfill the quota.

Is the quota fulfilled if the disabled person is a remote worker?

Remote work is work that can be performed outside a stationary workplace (Part 1 of Article 312.1 of the Labor Code of the Russian Federation). A computer, the Internet or other means of communication is sufficient for it; The presence of an employee in the office is not required.

Undoubtedly, this type of employment may be preferable for a disabled employee due to the fact that he will be able to work in a comfortable environment. He will not have to overcome the restrictions that the urban environment creates for such a person (for example, going down the subway without an escalator or elevator).

For the employer, such employment will also be possible because there will be no need to incur additional costs, for example, to think about how to equip a special workplace for a wheelchair user in a semi-basement.

However, the terminology that is used in the legislation on quotas actually obliges employers to create stationary jobs (Clause 1, Part 2, Article 24 of Law No. 181-FZ). Moreover, formally this means a ban on the use of disabled people as remote workers for the purpose of fulfilling the quota.

If, nevertheless, an employment contract on such conditions is concluded, then the employer faces a risk. It lies in the fact that employees, for example, the prosecutor’s office, during an inspection may consider that the employer has violated Art. 24 of Law No. 181-FZ, because the workplace as such has not been created.

Thus, in the course of supervisory and control activities, there is a high probability that inspectors may come to the conclusion that the organization involved in remote work has failed to meet the quota.

Should we look for disabled workers if they themselves do not join the company?

When an employer needs to fill a vacancy, he purposefully searches for an employee, using Internet resources, newspapers, and employee recommendations.

In practice, a question arose: is it necessary to do the same with the vacant jobs that were created as part of the quota for the employment of disabled people? Despite the timely submission of information about such vacancies to the employment service, they could remain unfilled. That is, the employer did not comply with the quota requirements, since in the legislation, the fulfillment of the quota is understood as the actual employment of disabled people in created or allocated jobs.

The controversial situation was resolved by the Supreme Court of the Russian Federation in resolution No. 46-AD12-17 dated August 27, 2012. The court indicated that the employer is not obliged to search for disabled people to fill the jobs allocated within the quota for their employment. If persons with disabilities do not contact the organization in order to conclude an employment contract, then the employer cannot be held liable for failure to meet the quota. This position is also confirmed by the ruling of the Supreme Court of the Russian Federation dated May 22, 2013 No. 50-APG13-5. The court noted that recruiting personnel for quota jobs is not the employer’s responsibility.

What are the consequences of refusing to create a workplace for a disabled person?

There are different types of liability for violating the legislation on job quotas.

Administrative responsibility. This is possible in the following cases:

The employer did not create and (or) allocate jobs for the employment of disabled people in accordance with the established quota.
The employer refused to hire a disabled person within the established quota. For such violations, the official faces a fine in the amount of 5 thousand to 10 thousand rubles. (Article 5.42 of the Code of Administrative Offenses of the Russian Federation).
The employer did not submit or untimely submitted the mandatory information provided for in Art. 25 of Law No. 1032-1. For failure to comply with these provisions, an official will be subject to a fine in the amount of 300 to 500 rubles, and a legal entity - from 3 thousand to 5 thousand rubles. (Article 19.7 of the Code of Administrative Offenses of the Russian Federation). However, the fine can be replaced with a warning.

Disciplinary responsibility. An employee can be held accountable for this if his job responsibilities include sending monthly reports on quota fulfillment. The manager himself can initiate the punishment of the guilty employee in compliance with Art. 192 and 193 of the Labor Code of the Russian Federation, or this will need to be done on the recommendation of the prosecutor’s office, after checking compliance with the legislation on job quotas.

Criminal liability. Such liability arises in the event of malicious failure to comply with a court decision ordering the creation of jobs for the employment of disabled people against the quota. Punishment under Art. 315 of the Criminal Code of the Russian Federation provides for a fine of up to 200 thousand rubles, deprivation of the right to hold certain positions, up to imprisonment.

Financial responsibility. This type of liability arises when subsidies that were allocated from the budget for the creation or modernization of jobs for people with disabilities are misused.

A. Slepov,
senior practice of labor and migration law at the international law firm Beiten Burkhardt

One of the state guarantees for the employment of certain most socially vulnerable categories of citizens is the quota of jobs. In essence, job quotas are the obligation of employers to create or allocate jobs to employ these categories of citizens in a certain number, depending on the number of employees of the organization. In most cases, the law determines the obligation to set quotas for jobs for people with disabilities, but in a number of regions of the Russian Federation a quota is also established for the employment of other categories of citizens (for example, youth, former prisoners who served sentences for crimes committed, etc.). Let’s look at what the main responsibilities of an employer are provided for by law in terms of job quotas.

The procedure for establishing a quota is primarily determined by Federal Law No. 181-FZ of November 24, 1995 “On the social protection of disabled people in the Russian Federation” (hereinafter referred to as Federal Law No. 181). According to Article 21 of Federal Law No. 181, to determine the size of the quota for the employment of disabled people, it is necessary to calculate the number and average number of employees. Thus, 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.

Accordingly, it is necessary to determine the number of employees of the organization. If it is less than 35 people, there is no obligation to set job quotas. If the number of employees is 35 or more people, it is necessary to refer to the legislation of the constituent entity of the Russian Federation where the employing organization is located to calculate the size of the quota depending on the average number of employees. If the number of employees is more than 100 people, in any case, the legislation of the subject must provide for a quota obligation with a quota size of 2 to 4 percent of the average number of employees. When the number is from 35 to 100 people, such an obligation is not imperatively established. That is, if the number of employees is up to 100 people, the legislation of the subject may not establish quota obligations. This usually happens in large regions, such as, for example, Moscow or St. Petersburg. In these cities, quota obligations arise when the number of employees is 100 or more people. Accordingly, the specific size of the quota, as well as other categories of citizens for whom it is necessary to allocate or create jobs within the established quota, is also established by the legislation of the subject of the Russian Federation.

Next, you need to decide on the average number of employees, because it is from this indicator that the quota will be calculated. To calculate this indicator, it is recommended to follow the order of Rosstat dated October 26, 2015 N498. Please note that when calculating the quota for hiring disabled people, the average number of employees does not include workers whose working conditions are classified as harmful and (or) dangerous working conditions based on the results of certification of workplaces for working conditions or the results of a special assessment of working conditions.

The next responsibility of the employer related to quotas is the approval and development of a local regulatory act regulating quota issues (Article 24 of Federal Law No. 181). Thus, if the employer “falls” under the quota obligation according to the criteria described above, he must develop and approve a separate local regulation. That is, this local act is mandatory, along with, for example, internal labor regulations.

Another obligation of the employer, which many, unfortunately, forget about, is to notify the employment service authorities about the fulfillment of quota obligations. According to part 3 of Art. 25 of the Law of the Russian Federation of April 19, 1991 N1032-1 “On Employment of the Population in the Russian Federation”, employers are required to submit monthly information to the employment service authorities about the availability of available jobs and vacant positions, created or allocated jobs for the employment of people with disabilities in accordance with the established quota for hiring people with disabilities, including information on local regulations containing information about these jobs, fulfilling the quota for hiring people with disabilities. The forms of these documents are also approved by the legislation of the constituent entity of the Russian Federation.

Interesting point. The fact is that the above rule does not make exceptions for employers. Accordingly, all employers, regardless of the number of employees, must provide this information to the employment service authorities on a monthly basis. This conclusion is confirmed by inspection practice. However, the practice in each region on this issue is different, and therefore, in order to minimize possible risks, it is recommended to obtain an official clarification from the employment service authority of the entity where the employing organization is located.

Additionally. Please note that in some constituent entities of the Russian Federation, in addition to the employment service authorities, it is necessary to periodically notify other authorities of the fulfillment of quota obligations. For example, in Moscow, such a body is the State Treasury Institution of the City of Moscow “Center for Job Quotas”. Employers must submit information to this body on a quarterly basis (Decree of the Moscow Government dated 08/04/2009 N742-PP “On approval of the Regulations on job quotas in the city of Moscow”).

Yuzhalin Alexander,

senior lawyer of the labor law department,

Valentina Mitrofanova group of companies