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Employment and vocational training of disabled people. Lawyer's notes Vocational education for people with disabilities

In accordance with Art. 19 of the Federal Law of November 24, 1995 No. 181-FZ “On the social protection of disabled people in the Russian Federation” - the state provides disabled people with basic general, secondary (complete) general education, primary vocational, secondary vocational and higher vocational education in accordance with the individual rehabilitation program for a disabled person.

Training can be organized full-time, part-time, evening and distance learning. For people with disabilities, educational institutions practice various forms of organizing the learning process: individual forms, home study, individual exam schedules, increasing the duration of training, etc.

According to Art. 71, part 5 of December 29, 2012 Federal Law No. 273-FZ “On Education in the Russian Federation” (as amended and supplemented), from September 1, 2013, children with disabilities, disabled people of groups I and II, are enrolled in a university without competition within quotas (at least 10% of budget places ), and all other categories of beneficiaries are enrolled in preparatory departments of universities. Free training at the preparatory department of a university is allowed only once.

Vocational training (retraining) and advanced training of unemployed citizens can be carried out at the direction of the employment service authorities if:

- the citizen does not have a profession (specialty);
- it is impossible to find a suitable job due to the citizen’s lack of the necessary professional qualifications;
- it is necessary to change the profession (specialty, occupation) due to the lack of work that meets the professional skills of the citizen;
- the citizen has lost the ability to perform work in his previous profession (specialty).
- Unemployed disabled people have the right to undergo vocational training, retraining and advanced training as a priority.
- When the employment service authorities send unemployed disabled people for vocational training, retraining and advanced training in another area, they are provided with financial support, including:
- payment of travel costs to the place of study and back;
- daily expenses for the journey to the place of study and back;
- payment for rent of living quarters during training.

Specialized educational institutions have as their goal the training of competitive specialists with secondary vocational education and workers with primary vocational education from among the disabled. Training is carried out in professions that are in demand on the labor market and recommended for employing people with disabilities.

Educational institutions simultaneously work in 3 areas: vocational rehabilitation, social rehabilitation, medical support, i.e. In addition to specially equipped classrooms, such educational institutions have rooms for psychological diagnostics and psychological relief, libraries, sports and gyms, rooms for social adaptation, massage rooms, and first-aid posts with modern equipment.

Most specialized educational institutions can enroll not only disabled children, but also disabled adults. Incoming students with disabilities are provided with state support - free education, meals, dormitory accommodation, and medical care. Upon completion of training, a state diploma is issued.

Admission to educational institutions of any level, regardless of their territorial affiliation, is carried out in accordance with the recommendations for vocational training formed in the individual rehabilitation program. Anyone wishing to enroll in educational institutions in advance of submitting documents to the admissions committees should contact the Bureau of Medical and Social Expertise to develop measures for professional rehabilitation.

The Ministry of Education and Science of the Russian Federation has developed a portal for information and methodological support for inclusive higher education.

The Ministry of Education and Science of the Russian Federation reported that in order to increase the effectiveness of the implementation of measures to ensure accessibility of vocational education for people with disabilities, a portal for information and methodological support for inclusive higher education (www.wil.ru) has been developed.

It is recommended to use the portal to obtain up-to-date data, information about normative and methodological documents, as well as exchange experiences in the field of inclusive higher education. The portal, among other things, contains information received during the annual monitoring of the Ministry of Education and Science of the Russian Federation on the availability of conditions for persons with disabilities to receive higher education (in particular, on adapted educational programs) for universities located in specific constituent entities of the Russian Federation, according to the availability of barrier-free facilities in them environment, material and technical equipment, availability of support specialists, use of distance learning technologies.

Also, in order to improve the quality of higher education for people with disabilities and persons with disabilities, the portal www.umcvpo.ru was created, which provides information and technological support for distance learning for this category of students.

The portal contains regulatory legal documents, materials of conferences and seminars, video recordings of events, an archive of video lectures and webinars, materials of advanced training courses, information about projects and events aimed at the socialization of persons with disabilities. Visitors to the portal have the opportunity to view events online, access scientific and educational resources and electronic catalogs. The electronic library allows you to gain access to educational and scientific literature, to the emerging unified all-Russian collection of teaching materials for teaching students with disabilities and disabilities.

1. Professional Preparation disabled people carried out in general and special educational institutions, as well as directly at enterprises in accordance with an individual rehabilitation program (including an individual schedule, classes at home, external studies, correspondence courses, etc.).
Vocational training and retraining of disabled people is carried out primarily in priority professions and specialties, the mastery of which gives disabled people the greatest opportunity to be competitive in regional labor markets2.
2. Employment disabled people is guaranteed by a system of guarantees (for example, establishing a quota for hiring disabled people; reserving jobs in professions most suitable for employing disabled people; creating working conditions for disabled people in accordance with an individual rehabilitation program; creating other working conditions for disabled people, etc.), as well as by the system economic incentive measures (for example, the implementation of preferential financial and credit
1 See Resolution of the Supreme Council of the Russian Federation “On the regulation of fees for the maintenance of children in preschool institutions and on financial support for the system of these institutions” dated March 6, 1992 No. 2464-1.
2
See Decree of the President of the Russian Federation "On measures for professional rehabilitation and employment of disabled people" dated March 25, 1993 No.
policies regarding special enterprises employing disabled people; stimulating the creation of additional jobs by enterprises to employ people with disabilities; creating conditions for entrepreneurial activity):
for organizations with more than 30 employees, it is established quota For reception on work disabled people as a percentage of the average number of employees (but not less than 2% and not more than 4%]);
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;
in case of failure or impossibility of fulfilling the established quota for hiring disabled people, employers pay a monthly obligatory payment to the budgets of the constituent entities of the Russian Federation for each unemployed disabled person within the established quota. The amount and procedure for employers to pay the specified fee are determined by government bodies of the constituent entities of the Russian Federation;
in cases provided for by law, the administration is obliged to hire people with disabilities and, in accordance with medical recommendations, establish for them part-time work and other preferential working conditions. Disabled people of groups I and II are provided with abbreviated worker day (no more than 35 hours per week), annual paid leave (no less than 30 calendar days);
workplaces for disabled people in enterprises and organizations should correspond special requirements, requirements for workplaces for disabled people depending on the disability group.

Federal Law of November 24, 1995 “On Social Protection of Disabled Persons in the Russian Federation” enshrined the provision that the state guarantees disabled people the necessary conditions for obtaining education and professional training (Article 9).

Vocational training of disabled people is carried out in accordance with an individual rehabilitation program in educational institutions of general and special types, as well as directly at enterprises. When entering secondary specialized and higher educational institutions, they enjoy certain benefits - their enrollment is carried out regardless of the admission plan.

For disabled people who need special conditions for receiving vocational education, special vocational educational institutions of various types or corresponding conditions in general vocational educational institutions are created.

Upon receipt of professional education disabled people are given the opportunity to study according to an individual schedule. Disabled people can use correspondence education, external practice, as well as home study. During the period of study, an increased stipend is paid.

Vocational training for people with disabilities is also carried out in special educational institutions of the Russian Ministry of Health and Social Development. According to Decree of the President of the Russian Federation of March 25, 1993 “On measures for professional rehabilitation and employment of disabled people” The Ministry of Health and Social Development of the Russian Federation, the Ministry of Education and Science of the Russian Federation, and the State Committee of the Russian Federation for Higher Education have been asked to organize vocational training and retraining for disabled people in subordinate educational institutions, primarily in priority professions and specialties, the mastery of which gives disabled people the greatest opportunity to be competitive in regional labor markets.

List of such priority professions was approved by resolution of the Ministry of Labor of the Russian Federation of September 8, 1993, which states that when training people with disabilities in all types of educational institutions, medical instructions and contraindications for admission to training and MSEC recommendations must be observed.

Vocational training of disabled people can also be carried out directly at work. It has a number of advantages due to the presence at enterprises of a wide production base and opportunities to choose professions, a reduction in training time, and a higher level of material support during training. In general, all types of vocational training for people with disabilities are a necessary measure to provide them with a real opportunity to get a job, taking into account their state of health and the degree of disability.

The right of persons with disabilities to employment is ensured by the introduction of additional guarantees enshrined in Law of November 24, 1995, as well as in the Law of the Russian Federation “On Employment in the Russian Federation” with changes and additions:

1) implementation of preferential financial and credit policies in relation to special enterprises employing the work of disabled people;

2) establishing a quota for hiring disabled people;

3) reservation of jobs in professions most suitable for employing people with disabilities;

4) encouraging the creation of additional jobs by enterprises to employ people with disabilities;

5) creation of working conditions for disabled people in accordance with the individual rehabilitation program;

6) creation of conditions for entrepreneurial activity;

7) organization of training for disabled people in new professions.

The law obliges local authorities to ensure the creation of additional jobs and specialized enterprises for the employment of disabled people. The legislation establishes for organizations, regardless of organizational and legal forms and forms of ownership, the number of employees is more than 30 people, quotas for hiring people with disabilities. Public associations of disabled people and organizations owned by them, business partnerships and societies, the authorized capital of which consists of the contribution of public associations of disabled people, are exempt from mandatory quotas. The executive authorities of the constituent entities of the Russian Federation have the right to establish a higher quota for hiring people with disabilities.

If enterprises do not comply with the quota for hiring disabled people, they make a mandatory payment to the State Employment Fund. At the same time, certain measures are also taken to create an enterprise’s interest in hiring people with disabilities. Tax benefits are established for them; in addition, compensation is paid from local budgets and other sources to cover income lost as a result of the use of disabled people.

In solving problems of employment of disabled people, an important role belongs to municipal social service centers. According to Federal Law of the Russian Federation of August 2, 1995 “On social services for elderly citizens and disabled people”(Article 28) they have the right to create workshops, production workshops, subsidiary farms and cottage industries specifically for the employment of disabled people and elderly citizens. Such shops, workshops and other production facilities are under the jurisdiction of the administrations of municipal social service centers. The social protection authorities are directly involved in issues of employment of disabled people.

The Law of November 24, 1995 provides that all disabled people employed in enterprises, institutions and organizations must be provided with the necessary special working conditions in accordance with an individual rehabilitation program (Article 223).

Special workplaces for employing disabled people- these are jobs that require additional measures to organize work, including the adaptation of main and auxiliary equipment, technical and organizational, additional equipment and the provision of technical devices taking into account the individual capabilities of people with disabilities.

In cases provided for by law, the administration is obliged to hire people with disabilities and, in accordance with medical recommendations, establish for them part-time work and other preferential working conditions. Disabled people of groups I and II are entitled to a reduced working day (no more than 35 people per week) and annual paid leave (at least 30 calendar days).

Workplaces for disabled people at enterprises and organizations must meet special requirements for workplaces for disabled people, depending on the degree of disability.

Social protection authorities take the necessary measures to realize the opportunity for people with disabilities to work. At present, when the problems of employment in general and the employment of disabled people in particular have become more acute, there is a need to expand home-based work for disabled people.

According to Decree of the Government of the Russian Federation of December 26, 1996 No. 1285 “On approval of the procedure for the participation of elderly citizens and disabled people living in social service institutions in medical and labor activities” In stationary social service institutions, special jobs are created for persons living in them and with residual working capacity. Therapeutic work activities of citizens in inpatient institutions are carried out under the guidance of labor instructors and worker training instructors in accordance with schedule plans and individual rehabilitation programs.

Determination of the type and duration of medical and labor activity is carried out by a doctor at an inpatient institution specifically for each citizen, taking into account his wishes. The duration of medical work activity should not exceed 4 hours a day.

Special employment programs have been created for disabled people looking for a job. With the help of these programs, it is possible to obtain additional education and get the desired job.

Direct employment and vocational training for people with disabilities provided by a special state guarantee program, which in particular includes:

legislatively established quotas for hiring persons with disabilities;
reserving jobs in specialties that are most suitable for effective employment of persons with disabilities;
creation of this category of subjects, the necessary conditions for carrying out work activities in accordance with an individually developed rehabilitation program;

In addition, they are actively used various types of economic incentive measures, which, for example, include:

implementation of preferential credit and financial policies in relation to special enterprises that employ the labor of disabled people;

stimulating the creation by enterprises of various types of additional types of jobs to provide employment for persons with disabilities;

creating the necessary conditions for this category of active business entities to carry out active business activities.

Employment and vocational training for people with disabilities

Professional training of subjects, who are disabled, can be carried out in various kinds of educational institutions, both general and special profile.

In addition, professional training of these subjects can be carried out directly at the place where they carry out their work activities. In this case, training is carried out in accordance with an individually developed rehabilitation program for these subjects (individual schedule, external study, correspondence training, etc.).

First of all, professional training or retraining of subjects who are disabled is carried out in professions and specialties of a priority nature, the mastery of which allows these subjects to be sufficiently competitive in modern employment markets.

Ensuring employment of people with disabilities - quotas

Regarding legally established quotas provided for by the employment program for disabled people, the following circumstances should be noted. For those organizations in which the number of personnel exceeds thirty people, the quota for hiring persons with disabilities is calculated as a percentage of the average number of employees.

Various types of public associations of disabled people, as well as organizations founded by them, whose authorized capital is made up of the actual contribution of this public association, subject to exemption from mandatory quotas employment places for subjects who are disabled.

In that case if the employer did not provide or was unable to provide fulfillment of the established quota for the employment of disabled people, then he is obliged to make monthly mandatory payments to the state budget for each unemployed person who is disabled within the prescribed quota.

Some features of employment of disabled people

The employment program for people with disabilities provides that in certain legally established cases, the employer is obliged to employ subjects who are disabled and, based on medical recommendations, establish for them part-time work and other preferential conditions for working.

In addition, the employment and vocational training of disabled people requires that workplaces for persons with disabilities must meet special requirements that apply to workplaces for this category of subjects, depending on the disability group assigned to them.

Production Vocational training and employment of people with disabilities

Rehabilitation services for people with disabilities

Federal Law of November 24, 1995 ᴦ. “On social protection of disabled people in the Russian Federation” enshrined the provision that the state guarantees disabled people the necessary conditions for obtaining education and professional training (Article 9).

Upon receipt of professional education disabled people are given the opportunity to study according to an individual schedule. Disabled people can also use correspondence education, external practice, as well as home study. During the period of study, an increased stipend is paid.

Vocational training for people with disabilities is also carried out in special educational institutions of the Russian Ministry of Health and Social Development. According to By Decree of the President of the Russian Federation of March 25, 1993. “On measures for professional rehabilitation and employment of people with disabilities” The Ministry of Health and Social Development of the Russian Federation, the Ministry of Education and Science of the Russian Federation, and the State Committee of the Russian Federation for Higher Education have been asked to organize vocational training and retraining for disabled people in subordinate educational institutions, primarily in priority professions and specialties, the mastery of which gives disabled people the greatest opportunity to be competitive in regional labor markets.

List of such priority professions was approved by resolution of the Ministry of Labor of the Russian Federation of September 8, 1993., which states that when training people with disabilities in all types of educational institutions, medical instructions and contraindications for admission to training and MSEC recommendations must be observed.

The right of persons with disabilities to employment is ensured by the introduction of additional guarantees enshrined in Law of November 24, 1995, as well as in the Law of the Russian Federation “On Employment of the Population in the Russian Federation” with changes and additions:

1) implementation of preferential financial and credit policies in relation to special enterprises employing the work of disabled people;

2) establishing a quota for hiring disabled people;

3) reservation of jobs in professions most suitable for employing people with disabilities;

4) encouraging the creation of additional jobs by enterprises to employ people with disabilities;

5) creation of working conditions for disabled people in accordance with the individual rehabilitation program;

6) creation of conditions for entrepreneurial activity;

7) organization of training for disabled people in new professions.

In solving problems of employment of disabled people, an important role belongs to municipal social service centers. According to Federal Law of the Russian Federation of August 2, 1995 ᴦ. “On social services for elderly and disabled citizens”(Article 28) they have the right to create workshops, production workshops, subsidiary farms and necessary industries specifically for the employment of disabled people and elderly citizens. Such shops, workshops and other production facilities are under the jurisdiction of the administrations of municipal social service centers. The social protection authorities are directly involved in issues of employment of disabled people.

Law of November 24, 1995. provides that all disabled people employed in enterprises, institutions and organizations must be provided with the necessary special working conditions in accordance with the individual rehabilitation program (Article 223).

Special workplaces for employing disabled people- these are workplaces that require additional measures to organize work, including the adaptation of main and auxiliary equipment, technical and organizational, additional equipment and the provision of technical devices taking into account the individual capabilities of people with disabilities.

Workplaces for disabled people at enterprises and organizations must meet special requirements for workplaces for disabled people, depending on the degree of disability.

Social protection authorities take the necessary measures to realize the opportunity for people with disabilities to work. Today, when the problems of employment in general and the employment of disabled people in particular have become more acute, there is a need to expand the required amount of work for disabled people.

According to by Decree of the Government of the Russian Federation of December 26, 1996. No. 1285 “On approval of the procedure for the participation of elderly citizens and disabled people living in social service institutions in medical and labor activities” In stationary social service institutions, special jobs are created for persons living in them and with residual working capacity. Therapeutic work activities of citizens in inpatient institutions are carried out under the guidance of labor instructors and worker training instructors in accordance with schedule plans and individual rehabilitation programs.

The type and duration of medical work activity is determined by a doctor at a hospital institution specifically for each citizen, taking into account his wishes. The duration of medical work activity should not exceed 4 hours a day.

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— Vocational training and employment of people with disabilities

Rehabilitation services for disabled people The Federal Law of November 24, 1995 “On the social protection of disabled people in the Russian Federation” established the provision that the state guarantees disabled people the necessary conditions for obtaining education and professional training...

According to the Law on Social Protection of Disabled Persons, the state ensures that disabled people receive basic general, secondary (complete) general education, primary, secondary and higher vocational education in accordance with the IPR of the disabled person.

Professional…

— Topic: Vocational training and employment of people with disabilities

Primary, secondary and higher vocational education of people with disabilities

Guarantees for people with disabilities in the field of education

In the field of education, the following guarantees are established for people with disabilities.

1. Necessary conditions for obtaining education and training:

General education of disabled people is carried out with exemption from fees both in general educational institutions, equipped, if necessary, with special technical means, and in special educational institutions.

2. Ensuring the receipt of education in accordance with the individual rehabilitation program for a disabled person:

basic general;

secondary (full) general

initial professional;

secondary professional;

higher professional.

3. For disabled people who need special conditions to receive vocational education:

Creation of special professional educational institutions of various types and types or corresponding conditions in general professional educational institutions.

The special conditions of these educational institutions must ensure the implementation of individual rehabilitation programs for the period of study of disabled people and consist of the following:

adaptation of premises, furniture, equipment to the capabilities of people with disabilities and in accordance with the requirements of barrier-free architecture;

adaptation of training programs to the psychophysiological characteristics of people with disabilities, pedagogical correction of the educational process.

4. Vocational training and vocational education of disabled people:

In special vocational educational institutions for people with disabilities, they are carried out in accordance with federal state educational standards on the basis of educational programs adapted for training people with disabilities.

5. Providing:

disabled people with exemption from payment or on preferential terms with special teaching aids and literature;

disabled people have the opportunity to use the services of sign language interpreters.

6. Providing additional benefits and opportunities for education:

at the level of the Russian Federation;

in certain regions of the Russian Federation.

7. The right to repeated free professional education, in accordance with paragraph 7 of Art.

“Citizens of the Russian Federation have the right, in accordance with the established procedure, to repeatedly receive free vocational education in the direction of the state employment service, in the event of loss of the opportunity to work in a profession, specialty, in the event of an occupational disease and (or) disability, in other cases provided for by the legislation of the Russian Federation.”

Peculiarities of admission of disabled people to universities

Order of the Ministry of Education and Science of the Russian Federation dated December 28, 2011 No. 2895 “On approval of the Procedure for admitting citizens to educational institutions of higher professional education” stipulates that admission of citizens with disabilities can be carried out:

According to clause 3.4, admission of citizens with disabilities can be carried out both on the basis of the Unified State Examination results and on the basis of the results of entrance examinations conducted by the university independently (in the absence of Unified State Examination results), the specifics of which are established by Chapter VI of this Procedure.

In this case, persons with disabilities include persons with disabilities in physical and (or) mental development:

hearing impaired;
visually impaired;

with severe speech impairments;

with musculoskeletal disorders;

others, including disabled children, people with disabilities.

“The admissions committee, on the official website of the higher education institution and on the information stand before the start of accepting documents, no later than February 1, posts information signed by the chairman of the admissions committee about the specifics of conducting entrance tests for citizens with disabilities” (clauses 21-21.1).

“When submitting an application, persons with disabilities provide, at their discretion, an original or a photocopy of a document confirming their disabilities.

Disabled children, disabled people of groups I and II, who at the time of enrollment in accordance with paragraph 3 of Article 16 of the Law of the Russian Federation “On Education” have the right to admission to higher educational institutions without competition, subject to successful completion of entrance examinations, provide a conclusion from a federal medical institution social expertise on the absence of contraindications for studying in relevant educational institutions" (clause 29).

Peculiarities of conducting entrance tests to universities

The specifics of conducting entrance tests to universities for various categories of disabled people are specifically defined in the document “The procedure for admitting citizens to educational institutions of higher professional education,” approved by Order of the Ministry of Education and Science of the Russian Federation dated December 28, 2011 N 2895, and specifically in Chapter VI. Features of conducting entrance tests for citizens with disabilities.

Special vocational educational institutions for people with disabilities?

Based on the order of the Ministry of Education of the Russian Federation dated May 24, 2004 No. 2356 “On federal head and district educational and methodological centers for training people with disabilities,” a system of educational institutions has been created for the vocational training of people with disabilities, including:

Federal head centers for training people with disabilities

for training disabled people with hearing impairment - state educational institution of higher professional education "Moscow State Technical University named after N.E. Bauman";

for training disabled people with musculoskeletal disorders, — state educational institution of higher professional education "Moscow State Humanitarian Institute-Boarding School";

for training disabled people with visual impairments - state educational institution of higher professional education "Russian State Pedagogical University named after A.I. Herzen" (St. Petersburg);

for continuous professional education of disabled people with developmental disorders of various etiologies - state educational institution of higher professional education "Novosibirsk State Technical University";

for teaching disabled people with developmental disorders of various etiologies in pedagogical specialties - the state educational institution of higher professional education "Moscow State Pedagogical University".

District educational and methodological centers for training people with disabilities

The right of persons with disabilities to receive an increased scholarship

In accordance with paragraph 3 of Art. 16 Federal Law of August 22, 1996 No. 125-FZ “On Higher and Postgraduate Professional Education” students of federal state higher educational institutions studying full-time and receiving education at the expense of the federal budget are provided with scholarships in the amount of 1,100 rubles.

For disabled students of groups I and II, the scholarship amount increases by 50%.

Forms of vocational training for unemployed disabled people

Vocational training for unemployed disabled people can be carried out in the following forms:

vocational training to accelerate the acquisition of skills necessary to perform a specific job;

training a disabled person who has a profession in a second profession to expand their professional profile and gain opportunities to work in a combined profession;

advanced training of a disabled person in order to update theoretical and practical knowledge in connection with increasing requirements for the level of qualifications and the need to master new ways of solving professional problems;

internship for the formation and consolidation of theoretical knowledge, skills and abilities in practice;

advanced training in order to increase professional skills and increase competitiveness in the profession of a disabled person, as well as study of new equipment, technology and other issues related to the profile of professional activity.

Unemployed disabled people have the right, as a matter of priority, to undergo vocational training in the specified forms.

General Conference of the International Labor Organization,
Convened at Geneva by the Governing Body of the International Labor Office and meeting in its Thirty-eighth Session on 1 June 1955,
Having decided to adopt a number of proposals on the retraining of disabled people, which is the fourth item on the agenda of the session,
Having decided to give these proposals the form of a recommendation,
adopts this twenty-second day of June of the year one thousand nine hundred and fifty-five the following Recommendation, which may be cited as the Retraining of Disabled Persons Recommendation, 1955:
Taking into account the many and varied problems affecting persons with disabilities,
Whereas the retraining of these persons is necessary in order to restore to the maximum extent their physical and mental abilities and to enable them to contribute to social, professional and economic life,
Whereas, in order to provide work to every disabled person and to ensure the best use of workforce resources, it is necessary to develop and restore the working abilities of disabled people through a combination in a continuous and coordinated process of medical, psychological, consumer and educational services, as well as vocational guidance, vocational training and employment, including test control,
The conference recommends the following:

I. Definitions

1. For the purposes of this Recommendation:
(a) the term retraining means that part of the ongoing and coordinated process of retraining which includes the provision of services to persons with disabilities to enable them to obtain and maintain suitable employment, which services include, but are not limited to, vocational guidance, vocational training and the provision of suitable employment;
(b) the term disabled person means any person whose opportunities for obtaining and maintaining suitable employment are seriously impaired as a result of an impairment of his physical or mental abilities.

II. Retraining coverage

2. Retraining services shall be available to any disabled person, regardless of age and regardless of the cause or nature of his disability, provided that he can be trained for suitable employment and that he has a reasonable prospect of obtaining and maintaining such employment.

III. Principles and methods of vocational guidance, vocational training and employment of people with disabilities

3. All necessary and feasible measures must be taken to establish or develop specialized vocational guidance services for persons with disabilities who need assistance in choosing or changing their profession.
4. The vocational guidance process should include, to the extent that the conditions of each country allow and depending on specific cases:
a) conversation with a vocational guidance specialist;
b) taking into account previous work experience;
c) study of a school certificate or any other documents related to studies in institutions of general or special education;
d) medical examination for vocational guidance purposes;
e) appropriate tests to establish aptitude and suitability for work and, if desired, other psychological tests;
f) examination of the personal and family situation of the person;
g) determination of suitability and development of abilities by conducting appropriate practical tests or other similar methods;
h) a professional technical examination, oral or otherwise, in all cases where it appears necessary;
i) determining the physical abilities of a given person in relation to the requirements of various professions and determining the possibility of increasing these abilities;
j) providing information relating to employment and educational opportunities, taking into account the professional qualifications, physical abilities, suitability, preferences and experience of the person concerned, as well as the requirements of the employment market;
5. The principles, measures and methods of vocational training usually applied to the training of able-bodied persons shall be applied to disabled persons to the extent that medical and pedagogical conditions permit.
6. 1) The training of persons with disabilities should, as far as possible, enable them to engage in economic activities in which they can use their professional qualifications or abilities, taking into account the prospect of obtaining employment.
2) To this end, vocational training must:
a) coordinate with the placement, following medical consultation, of work the performance of which would be least likely to be affected by or affect the disability;
b) be carried out, whenever possible and appropriate, within the previous profession of the disabled person or in a profession close to it;
c) continue until the disabled person acquires the necessary skills for normal work on equal terms with able-bodied workers, if he is capable of this.
7. Disabled workers should, whenever possible, receive training together with able-bodied workers and under the same conditions as them.
8. 1) For the training of disabled people who, especially due to the nature or severity of their disability, cannot be trained together with able-bodied workers, special services should be created or expanded.
2) Whenever possible and appropriate, these services should include, in particular:
a) schools and training centers, including boarding schools;
b) special short-term and long-term courses for training in certain specialties;
c) advanced training courses for people with disabilities.
9. Measures should be taken to encourage entrepreneurs to provide vocational training to persons with disabilities; such measures should include, as appropriate, financial, technical, medical or professional assistance.
10. 1) Measures should be taken to develop special measures for the employment of disabled people.
2) These activities should ensure satisfactory employment by:
a) registration of those wishing to get a job;
b) recording their professional qualifications, experience and desires;
c) relevant conversations with them;
d) determining, if necessary, their abilities from a physical and professional point of view;
e) encouraging employers to notify the competent authority of vacancies;
f) if necessary, establish contact with entrepreneurs in order to show them the ability of disabled people to work and provide disabled people with work;
g) assisting persons with disabilities in using such vocational guidance, vocational training, medical and consumer services as may be necessary.
11. Test control measures should be applied in order to:
a) check whether employment or the use of vocational training or retraining has produced satisfactory results, and determine the value of the principles and methods of vocational guidance;
b) remove, as far as possible, obstacles that might prevent a disabled person from obtaining satisfactory employment.

IV. Administrative organization

12. Retraining services should be established and expanded by the competent authority or authorities in a continuous and coordinated program and, as far as possible, existing vocational guidance, vocational training and placement services should be used.
13. The competent authority or authorities should ensure that there are sufficient suitably qualified personnel to deal with the retraining of persons with disabilities, including probationary supervision.
14. The expansion of retraining services for disabled people should in any case not lag behind the expansion of general vocational guidance, vocational training and employment services.
15. Retraining services for disabled people should be organized and expanded to enable disabled people to prepare for, and to obtain and retain, self-employed work in all types of occupations.
16. Administrative responsibility for the general organization and expansion of retraining services for disabled people should be assigned to:
a) either per one authority;
b) or jointly with the authorities responsible for the implementation of the various parts of the program, one of these authorities having primary responsibility for coordinating such activities.
17. 1) The competent authority or authorities shall take all necessary and appropriate measures to ensure cooperation and coordination between public and private institutions involved in the retraining of persons with disabilities.
2) These measures should include, as appropriate:
a) defining the competencies and responsibilities of public and private institutions;
b) providing financial assistance to private institutions that are effectively involved in the retraining of persons with disabilities;
c) providing private institutions with advice on technical issues.
18. 1) Retraining services for persons with disabilities should be established and expanded with the assistance of representative advisory committees established at the national level and, if necessary, at the district or local level.
2) These committees, as appropriate, shall include:
a) representatives of bodies and institutions directly related to the retraining of disabled people;
b) representatives of employers' and workers' organizations;
c) persons who have special qualifications due to their knowledge in the field of retraining of disabled people and interest in this issue;
d) representatives of organizations of people with disabilities.
3) These committees should be responsible for consulting:
a) on a national scale - to develop policies and programs for retraining people with disabilities;
b) on a district or local scale - on the application of measures carried out on a national scale, on their adaptation to the conditions of the district or locality and on the coordination of district and local activities.
19. 1) Research aimed at reviewing the results achieved by retraining services for persons with disabilities and improving these services should be supported and encouraged, especially by the competent authority.
2) Such studies should include general and special studies of the employment of people with disabilities.
3) These studies should also include scientific work on the various systems and methods that play a role in the retraining of people with disabilities.

V. Measures to encourage people with disabilities to use retraining services

20. Measures should be taken to enable disabled people to make full use of all existing disability transition services and to ensure that some authority is given responsibility for providing individual assistance to each disabled person to achieve maximum success in their transition.
21. These measures should include:
a) collecting and disseminating information about existing retraining services for people with disabilities, as well as the prospects that these services offer people with disabilities;
b) providing persons with disabilities with appropriate and sufficient financial assistance.
22. 1) This financial assistance must be provided at any stage of the retraining process; it should make it easier for persons with disabilities to prepare for work in a suitable occupation and to effectively maintain that work, including self-employment.
2) It should include free use by disabled persons of retraining services, allowances for the maintenance and reimbursement of necessary vehicles during the entire period of vocational training for the purpose of obtaining a job, the provision of cash loans and benefits or the provision of necessary tools and equipment, as well as prosthetics and any other necessary devices .
23. Persons with disabilities should be able to use all means of retraining without losing any benefits provided by the welfare system on other grounds.
24. Persons with disabilities who live in areas where employment prospects or training opportunities for any work are limited should be provided with full opportunities for vocational training, including housing and food, and the opportunity to move, if they wish, to areas where there are more employment opportunities.
25. There should be no discrimination on the basis of disability against persons who have lost their ability to work, including persons receiving disability benefits, in the field of wages and other working conditions, if their work is equivalent to the work of physically able-bodied workers.

VI. Cooperation between medical institutions and institutions for retraining people with disabilities

26. 1) The closest cooperation and coordination of activities between medical institutions and institutions for the retraining of disabled people should be carried out.
2) This cooperation and this coordination should be aimed at:
a) ensuring that medical care and, if necessary, the provision of appropriate prosthetic devices contribute to the subsequent ability to work of these disabled persons;
b) identifying disabled people who need retraining and are able to benefit from it;
c) creating conditions so that the retraining of persons with disabilities is undertaken as quickly as possible and at the most favorable moment;
d) provision of medical advice, if required, at all stages of retraining of persons with disabilities;
e) determination of the ability to work of disabled people.
27. Whenever possible, and subject to the availability of a medical certificate, the retraining of disabled persons should begin during medical treatment.

VII. Measures aimed at increasing job opportunities for people with disabilities

28. Measures should be taken, in close cooperation with employers' and workers' organizations, to provide persons with disabilities with the maximum opportunity to obtain and maintain suitable employment.
29. These measures should be based on the following principles:
a) persons with disabilities should have, on an equal basis with able-bodied persons, the opportunity to access work for which they are qualified;
b) persons with disabilities should have full opportunity to accept suitable employment from an employer of their choice;
c) the suitability and ability of persons with disabilities to work, rather than their disability, should be emphasized.
30. These measures should include:
a) research work that allows analyzing and proving the ability of disabled people to work;
b) compilation and systematic dissemination of evidence concerning, in particular, the following issues:
i) comparison of the work of disabled people and physically able-bodied people performing the same work, in terms of product quality and labor productivity, the number of accidents and absences from work, as well as length of service in a given area of work;
ii) selection methods based on specific professional requirements;
iii) methods for improving working conditions, including adaptation and modification of equipment to facilitate the employment of persons with disabilities;
c) measures to exempt individual entrepreneurs from increasing insurance premiums for compensation for industrial accidents and occupational diseases;
(d) measures aimed at encouraging employers to transfer to suitable work in their enterprises workers whose ability to work has been affected as a result of impairment of their physical abilities.
31. When consistent with country conditions and policies, the employment of persons with disabilities should be encouraged by:
a) the hiring by entrepreneurs of a certain percentage of disabled people on conditions that avoid the dismissal of physically able-bodied workers;
b) reserving certain occupations for persons with disabilities;
(c) taking measures to enable persons with serious disabilities to enter the workforce or to give them preference in certain occupations considered suitable for them;
d) encouraging the creation and facilitation of the activities of cooperatives of persons with disabilities or any other similar organizations run by or on behalf of persons with disabilities.

VIII. Preferential working conditions

32. 1) The competent authority or authorities, in cooperation, if necessary, with private organizations, should take measures to create and extend preferential conditions for training and employment for disabled persons who are unable to enter work and work under normal conditions of competition in the employment market.
2) These measures should include the creation of special workshops for disabled people, as well as special measures for those disabled people who, for physical or psychological reasons or due to geographical conditions, cannot regularly travel to and from work.
33. Special workshops should provide disabled people, under effective medical and vocational supervision, not only with useful and remunerative work, but also with the opportunity to adapt to work, improve their skills and, where possible, transfer to work under normal conditions.
34. For persons with disabilities who are housebound, special arrangements should be made and applied to provide them with useful and remunerative work at home under effective medical and professional supervision.
35. In those cases and to the extent that the wages and conditions of employment of all workers are generally fixed by law, these provisions on wages and conditions of employment should apply to disabled persons benefiting from preferential conditions of employment.

IX. Special regulations regarding physically handicapped children and adolescents

36. Retraining services for physically disabled children and adolescents of school age should be created and expanded in close cooperation between the authorities in charge of education and the authority or authorities responsible for retraining the disabled.
37. Curriculums should take into account the special problems of physically disabled children and adolescents and the need to provide them with the same opportunities as able-bodied children and adolescents to receive general and vocational training most appropriate to their age, abilities, suitability and preferences.
38. The main task of retraining services for physically disabled children and adolescents should be to reduce to the greatest extent the difficulties of a professional and psychological nature that arise from the fact of their disability, as well as to provide them with every opportunity to prepare them for work that best suits their abilities and entry into this job. The use of these opportunities should entail cooperation between medical, social and educational services, on the one hand, and parents or guardians of physically disabled children and adolescents, on the other hand.
39. 1) Education, vocational guidance, vocational training, as well as employment of physically disabled children and adolescents should be provided within the general framework of such measures intended for physically disabled children and adolescents, and should be carried out whenever possible and appropriate within the same conditions used by physically able-bodied children and adolescents, and together with them.
2) Special measures should be taken in relation to those physically disabled children and adolescents who, due to disability, cannot use these services in the same conditions as and together with physically disabled children and adolescents.
3) These measures should include, in particular, special training for teachers.
40. Measures should be taken to ensure that children and young people who, as a result of a medical examination, are found to have either a disability or handicap or a general disability:
a) have received, as soon as possible, appropriate medical assistance to eliminate or reduce the disability or impairment from which they suffer;
(b) are encouraged to attend school or be oriented toward activities that suit their desires and abilities and are given the opportunity to prepare for such a profession;
c) benefited from financial assistance, if necessary, during the period of treatment, study and vocational training.

X. Application of the principles of retraining of disabled people

41. 1) Retraining services for persons with disabilities should be adapted to the special needs and conditions of each country and progressively expanded in accordance with those needs and conditions and in accordance with the principles set out in this Recommendation.
2) This progressive expansion should have as its main goal:
a) identifying and developing the labor qualities of people with disabilities;
b) providing them, to the greatest extent possible, with the opportunity to obtain suitable employment;
(c) Eliminate any discrimination in training or employment against persons with disabilities on the basis of their disability.
42. The progressive expansion of retraining services for persons with disabilities should be encouraged, with the assistance of the International Labor Office, if so requested:
a) by providing, whenever possible, technical advice;
b) by organizing a wide international exchange of experience gained in different countries;
c) through other forms of international cooperation aimed at organizing and expanding services that meet the requirements and conditions of different countries, including the training of the necessary personnel.