Examples of creating enterprises for the employment of people with disabilities. Employment programs for people with disabilities: what in practice? Other factors that create difficulties in realizing labor potential

Currently, it is no secret to anyone that the number of disabled people is extremely high not only in our country, but throughout the world. According to the UN, in the early 1990s there were approximately 0.5 billion people with disabilities in the world, that is, approximately 10% of the world's population. E.I. provides such data in his work. Kholostova.

A large number of disabled people in our country inevitably creates problems for their employment and employment due to various circumstances. First of all, this is the lack of physical ability to perform some functions inherent in a healthy person.

In accordance with Art. 1, Federal Law “On Social Protection of Disabled Persons in the Russian Federation”, a disabled person is a person who has a health impairment, with a persistent disorder of body functions, caused by diseases, consequences of injuries or defects, leading to limitation of life activity and causing the need for his social protection. In this case, the limitation of life activity is understood as the complete or partial loss of a person’s ability or ability to carry out self-care, move independently, navigate, communicate, control one’s behavior, study and engage in work activities.

The explanatory dictionary gives their following concept of employment:

Employment – ​​“arranging someone for a job, assisting in such employment.”

The problem of employment and employment of people with disabilities in modern society is relevant and no less important. People with disabilities experience a number of difficulties in finding employment due to the fact that very often employers, under various pretexts, do not employ them, limit their rights, and make certain types of work inaccessible due to physical inability disabled people to their various types. All this creates additional tension in society and makes a huge number of people “unnecessary”.

Labor activity for a person is an important condition for full life. It is not only a way to economically ensure one’s existence, but also an opportunity to realize one’s abilities, including creative ones. Labor activity is a factor in introducing a person to social values. Work allows every citizen to respect himself, realize his individuality, and be a full-fledged part of modern society.

Today in society there is a certain stereotype that a person with disabilities cannot and does not want to work, that he lives in the care of close relatives and the state. However, we must not forget that among the disabled there are those who want to work and be independent.

Disabled people experience certain difficulties in finding work due to their limited capabilities and therefore need support from the state. Thus, laws and by-laws were adopted designed to defend the rights of people with disabilities in the field of employment: “On the social protection of people with disabilities in the Russian Federation.” Despite the availability of jobs, not all able-bodied people with disabilities manifest themselves in work activities, although they have the same need.

The causes of disability are recognized as:

1. General illness

2. Disability since childhood

3. Work injury

4. Occupational disease

5. A disease that was acquired in connection with the accident at the Chernobyl nuclear power plant, the consequences of radiation exposure.

6. Injury (injury, concussion) received while defending the state or while performing other military service duties, or an illness associated with being at the front.

Deviations from the norm in the life activity of a disabled person are varied. Among them: impaired motor function, impaired circulatory, respiratory, digestive, metabolic and energy functions; impairment of vision, hearing, sight or touch; Mental disorders, impaired memory, attention, speech, thinking.

Each limitation has its own degree of severity

1st degree – the ability to perform work activities subject to a reduction in qualifications or a decrease in the volume of production activities.

2nd degree – ability to perform labor activities in specially created conditions with the use of aids

3rd degree – inability to work.

The criterion for determining the disability group is social deficiency requiring social protection and assistance.

To establish the first group of disability - ability of the third degree. For the second group – abilities of the second degree. For the third group - abilities of the first degree.

Employers often refuse to hire people with disabilities: due to unnecessary costs; psychological characteristics of disabled people, as well as in connection with the need for treatment. Another important factor is the lack of possibility of attracting additional ones. The lack of desire to understand the problems of people with disabilities and enter into their situation plays a decisive role in the employment of this category of the population.

In the Russian Federation, the state employment service deals with the issue of employment. Accordingly, a person with a disability can also apply there. This organization provides professional orientation services and familiarizes with the available vacancy bank. If a person with a disability wishes to register with the employment service as an unemployed citizen, he must apply for an “Individual Rehabilitation Program”, provided that he does not have a third degree restriction on work activity.

A person with a disability has a number of psychological factors that reflect their position in the labor market, as well as form their attitude towards society. Disabled people belong to the category of the less mobile population and are the least protected, socially vulnerable part of society. This is primarily due to defects in their physical condition caused by diseases that lead to disability. Psychological problems arise when disabled people are isolated from the outside world, due to existing illnesses and as a result of inability to adapt to the environment. An important role is played by the lack of specialized equipment for disabled people, a break in usual communication. This entails a number of consequences, namely the onset of loneliness, the emergence of emotional and volitional disorders , development of depression, changes in behavior.

For disabled people who want to work, employment is very important. A disabled person who has a job ceases to feel his inferiority caused by physical and other health deficiencies, feels like a full member of society and, importantly, has additional material resources. Therefore, disabled people are provided with guarantees of employment through a number of special events that help increase their competitiveness in the labor market:

1) Establishing a quota for hiring disabled people and allocating a minimum number of specialized jobs for them;

2) Implementation of preferential financial and credit policies in relation to specialized enterprises employing the work of disabled people, enterprises, institutions, organizations of public associations of disabled people;

3) Creation of working conditions for disabled people in accordance with their individual rehabilitation programs;

4) Creation of conditions for entrepreneurial activity of disabled people; organizing training for their new professions.

To employ disabled people, special workplaces with specialized technical equipment should be created, taking into account the individual capabilities of disabled people.

One of the main areas of support for people with disabilities is vocational rehabilitation, which is the most important component of state policy in the field of social protection of people with disabilities.

Professional rehabilitation of disabled people includes the following activities:

1. Career guidance;

2. Psychological support for professional self-determination;

3. Training or retraining;

4. Advanced training;

5. Employment assistance;

6. Quotas and creation of special jobs for the employment of people with disabilities,

7. professional production adaptation.

Professional rehabilitation of disabled people with their subsequent employment is economically beneficial for the state. Since the funds invested in the rehabilitation of disabled people will be returned to the state in the form of tax revenues resulting from the employment of disabled people. If the access of disabled people to professional activities is limited, the costs of rehabilitation of disabled people will fall on the shoulders of society.

Specialized enterprises are created for disabled people who are unable to participate in the main employment process. There are currently about 1.5 thousand such enterprises in Russia. Specialized enterprises are usually intended for certain categories of people with disabilities with significant losses of body functions: visual impairment, mental development and musculoskeletal impairment. However, the employment of people with disabilities in specialized enterprises cannot be considered as an exclusive form of providing employment for people with disabilities and as the foundation on which all policies for ensuring the employment of people with disabilities are based.

People with disabilities often fear moving into the mainstream labor market due to the possibility of failure to find employment in regular non-specialized occupations, after which they will again be faced with the problem of obtaining specialized work. In addition, people with disabilities are afraid of losing certain benefits that they receive while working at a specialized enterprise. Employees of specialized enterprises often become an important workforce, are highly professional and have a positive impact on the productivity, revenues and profits of the enterprise, as a result of which the managers of such enterprises are usually reluctant to let workers go. The goal of managers of specialized enterprises may be to achieve a certain level of employment of disabled people in order to obtain certain tax and other benefits, so they have an interest in retaining these workers, whatever their productivity.

Thus we can draw a conclusion. A person’s labor activity is the main sphere of his life. A healthy person can easily adapt to the environment. Disabled people need to adapt to various spheres of life. The state and society should be interested in adapting this social group so that they can freely work in the profession they consider most suitable for themselves. Employers should not remain indifferent to the problems of these people. Enterprises must be equipped with specialized equipment for disabled people, so that they feel like full-fledged people, capable of working, so that they feel equal to healthy people.


Bibliography

  1. Ozhegov S.I., Shvedova N.Yu. Explanatory dictionary of the Russian language: 80,000 words and phraseological expressions / Russian Academy of Sciences; Russian Cultural Foundation; – 3rd ed., stereotypical – M., 1996.
  2. Prisetskaya N.I. Changes in the legislation of the Russian Federation that affected the possibilities of obtaining rehabilitation services and employment. – M, 2005.-s 6-7
  3. Kholostova E.I. Glossary of social work. - M.: Publishing and trading corporation “Dashkov and Co.”, 2007.-p. 173
  4. Sheptulina, N. N. Disabled employee: special requirements and guarantees // Personnel Directory. – 2008. – N 2 – P. 22
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The law does not discriminate people based on nationality, gender, or physical strengths or weaknesses. Every citizen, no matter what type of person he is, has the right to work, and this also applies to people with disabilities. The state takes care of this category of citizens, creating special jobs for them in enterprises, adjusting working conditions for them, and controls how Law No. 181-FZ, concerning the employment of people with disabilities, is implemented by enterprises. Despite all the legislative acts, not all problems in the employment of disabled people are resolved completely and quickly.

Legislative measures

Guided by Law No. 181, Article No. 20, organizations and enterprises with more than 100 employees are required to allocate a certain number of places to provide jobs for disabled people, according to established quotas.

The legislation of the Russian Federation takes measures for the employment of disabled people, which are carried out by authorities at all levels through the introduction of special measures. They help a disabled person withstand competition in the labor market.

What are these events:

  • preferential financial and credit policies are implemented to help enterprises that employ citizens of the preferential category)
  • determine the number of quota places at enterprises)
  • jobs are reserved or created according to professions, taking into account the capabilities of disabled people to perform this or that work)
  • employers are encouraged to create special vacancies in organizations, enterprises or institutions)
  • suitable working conditions are created for beneficiaries, guided by the recommendations established in the IPR)
  • conditions are created for entrepreneurship of disabled people)
  • training for disabled people is organized)
  • workplaces are adapted to the personal capabilities and needs of a particular person, workplaces are equipped with special devices and equipment.

For the employer, according to Law No. 181-FZ Art. 24 provides for responsibilities related to ensuring the employment of workers in the preferential category. Specifically, the manager must reserve vacancies within the established quota, provide these places with appropriate conditions and devices for full-time work, take measures to improve the employment of people with disabilities, and also report to the relevant authorities on the number of such places.

What about quotas? A quota is the minimum number of vacant jobs for employing people who need social protection. Special places are being introduced in all organizations and enterprises, regardless of the form of ownership, where the number of employees is more than 30 people. The quota is usually 2-4% of the total number of workers at a given enterprise.

The allocation of jobs for employing disabled people is provided for by law, and refusal to employ a disabled person entails administrative liability in the form of a fine of 2 to 3 thousand rubles. (Article 5.42 paragraph 1 of the Code of Administrative Offenses of the Russian Federation).

In addition, the employer may be subject to penalties not only for refusing to employ a disabled person, but also for failure to comply with legislation regarding the creation of special jobs and for refusing to employ disabled people within quotas. However, if the working conditions at a given enterprise are difficult and dangerous to health and life and contradict the individual rehabilitation program, then the refusal of employment is completely legitimate.

What do you need to get a job?

Almost all disabled people can work, and for this there are certain qualifications and certain criteria for determining the working capacity of a disabled person:

  1. ability to reproduce special professional knowledge, skills and abilities in order to perform assigned work)
  2. ability to perform one’s duties in the workplace without changing working conditions or introducing additional conditions, equipment or equipment, as well as without making adjustments to shifts, volumes and pace of work)
  3. ability to motivate oneself to work)
  4. ability to stick to work schedule)
  5. ability to organize your work day.

In order for a disabled person to get a job, he must have the following documents:

The documents provided, as stated, are not mandatory for employment. And, if an employee can work on a general basis without benefits, then he may not inform the employer about his disability. And if benefits are necessary and desirable, then this certificate and IPR should be provided along with all documents.

Guarantees from the state

The following benefits are provided for disabled people during employment:

  • reduced number of working hours - no more than 35 hours per week, according to Law No. 181, art. 23, part 3 and art. 92 part 1 of the Labor Code of the Russian Federation)
  • extended annual leave is at least 30 calendar days, according to Law No. 181 Art. 23)
  • annual unpaid leave is provided for up to 30 days for disabled people of group 3 and up to 60 days for disability groups 1 and 2 (Article 128 of the Labor Code of the Russian Federation))
  • It is prohibited to establish night shifts only if the employee voluntarily gives written consent)
  • According to the IPR, in some cases it is prohibited to work on weekends and holidays for medical reasons.

It should be noted that a disabled person of group 3 is assigned a shortened day and special conditions are created only if he himself wants and demands it. And his demands will be legal.

Employment problems

We must pay tribute to the state for caring for people with disabilities, but problems on the ground still remain. Firstly, the employment of wheelchair users is also complicated by the fact that for this and other low-mobility groups of disabled people, not all enterprises create the necessary conditions for unhindered access to the premises. Only in recent years have special ramp structures begun to appear in some places to help wheelchair users climb the steps. Also, not all organizations have sufficiently spacious elevators or toilet rooms equipped for the needs of a disabled person.

There are still many problems, and one of them is psychological. The employment and integration of people with disabilities into society does not always go as smoothly as we would like. Most young disabled people have complexes about their condition, are afraid to work among able-bodied people, or underestimate their knowledge and capabilities. In addition, employers do not fully understand how important work is for disabled people, both to satisfy physical needs and to increase their own self-esteem and realize themselves on an equal basis with normal people. Another problem is insufficient information for this category of citizens about opportunities to find a job or retrain at the expense of the state. And this is already an omission of local employment centers due to the reluctance to hang unnecessary problems on their necks.

Currently, it is no secret to anyone that the number of disabled people is extremely high not only in our country, but throughout the world. According to the UN, in the early 1990s there were approximately 0.5 billion people with disabilities in the world, that is, approximately 10% of the world's population.

A large number of disabled people in our country inevitably creates problems for their employment and employment due to various circumstances. First of all, this is the lack of physical ability to perform some functions inherent in a healthy person.
In accordance with Art. 1, Federal Law “On Social Protection of Disabled Persons in the Russian Federation”, a disabled person is a person who has a health disorder, with a persistent disorder of body functions, caused by diseases, consequences of injuries or defects, leading to limitation of life activities and causing the need for his social protection. In this case, the limitation of life activity is understood as the complete or partial loss of a person’s ability or ability to carry out self-care, move independently, navigate, communicate, control one’s behavior, study and engage in work activities.
The explanatory dictionary gives their following concept of employment:
Employment - “arranging someone for a job, assisting in such employment.”

The problem of employment and employment of people with disabilities in modern society is relevant and no less important. Disabled people experience a number of difficulties in finding employment due to the fact that very often employers, under various pretexts, do not employ them, limit their rights, and make certain types of work inaccessible due to the physical inability of disabled people to perform various types of work. All this creates additional tension in society and makes a huge number of people “unnecessary”.

Labor activity for a person is an important condition for full life. It is not only a way to economically ensure one’s existence, but also an opportunity to realize one’s abilities, including creative ones. Labor activity is a factor in introducing a person to social values. Work allows every citizen to respect himself, realize his individuality, and be a full-fledged part of modern society.

Today in society there is a certain stereotype that a person with disabilities cannot and does not want to work, that he lives in the care of close relatives and the state. However, we must not forget that among the disabled there are those who want to work and be independent.

Disabled people experience certain difficulties in finding work due to their limited capabilities and therefore need support from the state. Thus, laws and by-laws were adopted designed to defend the rights of people with disabilities in the field of employment: “On the social protection of people with disabilities in the Russian Federation.” Despite the availability of jobs, not all able-bodied people with disabilities manifest themselves in work activities, although they have the same need.

The causes of disability are recognized as:
1. General illness
2. Disability since childhood
3. Work injury
4. Occupational disease
5. A disease that was acquired in connection with the accident at the Chernobyl nuclear power plant, the consequences of radiation exposure.
6. Injury (injury, concussion) received while defending the state or while performing other military service duties, or an illness associated with being at the front.

Deviations from the norm in the life activity of a disabled person are varied. Among them: impaired motor function, impaired circulatory, respiratory, digestive, metabolic and energy functions; impairment of vision, hearing, sight or touch; Mental disorders, memory, attention, speech, thinking disorders.

Each limitation has its own degree of severity:
1st degree - the ability to perform labor activities subject to a reduction in qualifications or a decrease in the volume of production activities.
2nd degree - the ability to perform labor activities in specially created conditions with the use of auxiliary aids.
3rd degree - inability to work.

The criterion for determining the disability group is social deficiency requiring social protection and assistance.
To establish the first group of disability - ability of the third degree. For the second group - abilities of the second degree. For the third group - abilities of the first degree.

Employers often refuse to hire people with disabilities: due to unnecessary costs; psychological characteristics of disabled people, as well as in connection with the need for treatment. Another important factor is the lack of possibility of attracting additional ones. The lack of desire to understand the problems of people with disabilities and enter into their situation plays a decisive role in the employment of this category of the population.

In the Russian Federation, the state employment service deals with the issue of employment. Accordingly, a person with a disability can also apply there. This organization provides professional provides orientation services and familiarizes with the available vacancy bank. If a person with a disability wishes to register with the employment service as an unemployed citizen, he must apply for an “Individual Rehabilitation Program”, provided that he does not have a third degree restriction on work activity.

A person with a disability has a number of psychological factors that reflect his position in the labor market, as well as shaping his attitude towards society. Disabled people belong to the category of the less mobile population and are the least protected, socially vulnerable part of society. This is primarily due to defects in their physical condition caused by diseases that lead to disability. Psychological problems arise when disabled people are isolated from the outside world, due to existing illnesses and as a result of inability to adapt to the environment. An important role is played by the lack of specialized equipment for the disabled and the disruption of usual communication. This entails a number of consequences, namely, the onset of loneliness, the emergence of emotional and volitional disorders, the development of depression, and changes in behavior.

For disabled people who want to work, employment is very important. A disabled person who has a job ceases to feel his inferiority caused by physical and other health deficiencies, feels like a full member of society and, importantly, has additional material resources. Therefore, disabled people are provided with guarantees of employment through a number of special events that help increase their competitiveness in the labor market:
1) Establishing a quota for hiring disabled people and allocating a minimum number of specialized jobs for them;
2) Implementation of preferential financial and credit policies in relation to specialized enterprises employing the work of disabled people, enterprises, institutions, organizations of public associations of disabled people;
3) Creation of working conditions for disabled people in accordance with their individual rehabilitation programs;
4) Creation of conditions for entrepreneurial activity of disabled people; organizing training for their new professions.
To employ disabled people, special workplaces with specialized technical equipment should be created, taking into account the individual capabilities of disabled people.

One of the main areas of support for people with disabilities is vocational rehabilitation, which is the most important component of state policy in the field of social protection of people with disabilities.
Professional rehabilitation of disabled people includes the following activities:
1. Career guidance;
2. Psychological support for professional self-determination;
3. Training or retraining;
4. Advanced training;
5. Employment assistance;
6. Quotas and creation of special jobs for the employment of people with disabilities,
7. professional and industrial adaptation.

Professional rehabilitation of disabled people with their subsequent employment is economically beneficial for the state. Since the funds invested in the rehabilitation of disabled people will be returned to the state in the form of tax revenues resulting from the employment of disabled people. If the access of disabled people to professional activities is limited, the costs of rehabilitation of disabled people will fall on the shoulders of society.

Specialized enterprises are created for disabled people who are unable to participate in the main employment process. There are currently about 1.5 thousand such enterprises in Russia. Specialized enterprises are usually intended for certain categories of disabled people with significant losses of body functions: visual impairment, mental development and motor impairment. However, the employment of people with disabilities in specialized enterprises cannot be considered as an exclusive form of providing employment for people with disabilities and as the foundation on which all policies for ensuring the employment of people with disabilities are based.

People with disabilities often fear moving into the mainstream labor market due to the possibility of failure to find employment in regular non-specialized occupations, after which they will again be faced with the problem of obtaining specialized work. In addition, people with disabilities are afraid of losing certain benefits that they receive while working at a specialized enterprise. Employees of specialized enterprises often become an important workforce, are highly professional and have a positive impact on the productivity, revenue and profit of the enterprise, as a result of which the managers of such enterprises are usually reluctant to let workers go. The goal of managers of specialized enterprises may be to achieve a certain level of employment of disabled people in order to obtain certain tax and other benefits, so they have an interest in retaining these workers, whatever their productivity.

Thus, we can conclude: a person’s labor activity is the main sphere of his life. A healthy person can easily adapt to the environment. Disabled people need to adapt to various spheres of life. The state and society should be interested in adapting this social group so that they can freely work in the profession they consider most suitable for themselves. Employers should not remain indifferent to the problems of these people. Enterprises must be equipped with specialized equipment for disabled people, so that they feel like full-fledged people, capable of working, so that they feel equal to healthy people.

The employer's obligation to hire a disabled person

In Russia, employment of disabled people is a problematic matter. Leaders of organizations usually refer to various negative aspects regarding the provision of special conditions to them, to the risks involved, etc. And some are simply not familiar with the procedure for employing this category of citizens and refuse them for other reasons.

However, many employers simply forget that refusing to employ a disabled person due to his physical disability is unacceptable, as is directly stated in Art. 64 Labor Code of the Russian Federation. The only reason for refusal may be an insufficient level of professional training. If a disabled person has the level of knowledge and skills necessary for work, the employer is obliged to hire him.

A disabled applicant for a vacancy, in the event of a refusal to conclude an employment contract with him, is given the right to demand that the employer justify the reasons for the refusal in writing. In case of disagreement with the employer’s conclusions, the disabled person retains the right to go to court. The result of appealing an employer's decision may be forcing the latter to enter into an employment contract with a citizen with limited physical capabilities.

When discussing this topic, it is worth remembering the provisions of the Federal Law “On social protection of disabled people in the Russian Federation” dated November 24, 1995 No. 181-FZ. In Art. 21 establishes the obligation of employers whose companies have more than 100 employees to employ disabled people in accordance with the quota provided for in the subject. This quota can range from 2 to 4% of the average number of employees of the organization. As for the obligation to comply with the quota (in force in a specific territorial entity), it falls on all enterprises, regardless of their form of ownership.

In addition, the above-mentioned law indicates that the constituent entities of the Russian Federation have the right to establish their own quotas for the employment of disabled people for enterprises with a number of employees from 35 to 100 people. In this case, it must be said that not all territorial entities have developed and implemented legal acts of this kind today.

As for associations of disabled people or enterprises created by them (when the authorized capital consists of contributions from a public association of disabled people), they have no obligation to comply with the quota.

What special workplaces are there for people with disabilities?
In addition to the fact that the employer is legally required to hire citizens with disabilities, he is also required to appropriately equip workplaces for this category of persons.
According to Art. 22 of the Federal Law “On Social Protection of Disabled Persons in the Russian Federation”, the employer must create special workplaces adapted for the work of disabled people.
A special workplace is considered to be one in respect of which the employer has taken additional measures to organize work, including adaptation of equipment, additional technical and organizational equipment with devices that allow a disabled employee to perform a labor function, despite any impairments.

We emphasize that technical and organizational devices, as well as equipped workplaces, must comply with the basic requirements developed by the federal executive body. We are talking about a body that carries out the functions of developing and implementing state policy in the field of legal regulation of labor and social protection of Russians.
In addition, according to the provisions of Art. 23 of the previously mentioned law, the necessary working conditions at an enterprise (regardless of its form of ownership) must be created taking into account the individual rehabilitation program for a disabled person.

Features of labor relations with disabled people
In Art. 23 of Federal Law No. 181-FZ states that the establishment in collective or individual labor contracts with disabled people of working conditions that worsen the position of an employee with disabilities in relation to other employees of the enterprise is unacceptable. For example, it is prohibited to establish in internal agreements a reduced salary, reduce the duration of annual leave, create an unfavorable work and rest regime, etc.

We should not forget that for workers with limited physical abilities, additional guarantees are provided by law for the employment of disabled people. These include:
— Shorter working hours for disabled people of groups I and II. Based on Art. 23 of the mentioned law and art. 92 of the Labor Code of the Russian Federation for this category of citizens is guaranteed a 35-hour working week, without any reduction in wages.
— Disabled people of all groups are entitled to an increased basic annual leave of 30 calendar days (Article 23 of Federal Law No. 181).
— Regardless of the disability group, every citizen with limited physical capabilities carries out labor activities, the daily (shift) duration of which does not exceed the standard established in his medical report.

The legislator grants an employee with disabilities the right to take additional leave without pay, the total duration of which per year should not exceed 60 calendar days.
Disabled persons are given the opportunity to refuse overtime work. Despite the fact that in accordance with Art. 99 of the Labor Code of the Russian Federation, in certain cases, the employer has the right to involve persons working at the enterprise in work of this kind, including without their consent; this rule does not apply to disabled people. In any situation, involving an employee with disabilities in overtime work is permissible only with his written consent and only if he was notified of his right of refusal against signature.

Disabled people may also refuse to work at night. The situation is similar to the previous one: a disabled person can be recruited to work at night only with his written consent and only after acquaintance with his signature on his right to refuse to perform such work.
Moreover, in both this and the previous case, the involvement of disabled people in work of this kind is possible only in cases where they are not prohibited for an employee with disabilities in accordance with his medical certificate.

What are the additional guarantees for people with disabilities?
From all of the above, a logical conclusion arises that the employment of people with disabilities has its own characteristics. But in addition to the above, the law provides for additional guarantees for certain categories of persons with disabilities in the event of their reduction.
In accordance with Art. 178 of the Labor Code of the Russian Federation, the following have a preemptive right to retain their job during the period of layoffs:
- disabled people of the Second World War;
- persons who became disabled while participating in hostilities to defend the Fatherland.
- persons who received disabilities due to exposure to radiation during the Chernobyl disaster from among those who took part in the liquidation of its consequences;
- military personnel, those liable for military service and employees of the Department of Internal Affairs and the State Fire Service involved in eliminating the consequences of the disaster (and it does not matter where the unit was stationed and what kind of work was performed by these persons);
— persons evacuated from exclusion/relocation zones or who left these zones on their own after a decision was made to evacuate citizens, provided that before their departure they were exposed to radiation that caused their disability;
- donors who donated bone marrow to save people affected by the Chernobyl disaster (in this case, it does not matter how much time has passed since the transplantation of organic material and when the person’s disability associated with such donation occurred);
- persons who became disabled as a result of exposure to radiation during the 1957 accident at the Mayak production association and the discharge of radioactive waste into the Techa River, which accompanied the accident.

Let us note that the preferential right to keep a job also extends to family members of such disabled people and to families that have lost a breadwinner from among these disabled people, if their death was a consequence of the above-mentioned accident and the dumping of radioactive waste.

Changes in legislation
Speaking about the social protection of people with disabilities, it is worth mentioning the latest changes in legislation introduced by the laws “On amendments to certain legislative acts of the Russian Federation on issues of social protection of people with disabilities in connection with the ratification of the Convention on the Rights of Persons with Disabilities” dated December 1, 2014 No. 419-FZ and “On the introduction amendments to Art. 169 Housing Code of the Russian Federation and Art. 17 Federal Law “On the social protection of disabled people in the Russian Federation” dated December 29, 2015 No. 399-FZ. These changes are primarily aimed at ensuring accessibility of the environment for people with disabilities.

Enterprises of all forms of ownership are now required to ensure:
free access for people with disabilities;
— freedom to receive information;
— providing assistance to people with disabilities in obtaining services and purchasing goods.
If we talk about changes to the Housing Code, they address the issue of providing disabled people of groups I and II, as well as disabled children and the families in which they live, subsidies to pay for major repairs of common property in an apartment building in an amount not exceeding 50% of the minimum size contribution for major repairs of a house, established for 1 square meter of living space and valid on the territory of the corresponding constituent entity of the Russian Federation.

Lawyer Vyacheslav Egorov

Development of a program for the employment of people with disabilities “We need you”

In order to successfully confront and eliminate existing barriers in the employment process, provide young people with disabilities with more employment opportunities and promote the employment model for people with disabilities, it is necessary to set the following goals and objectives:

To develop a model for the employment of disabled people that can be easily implemented in other regions of the country and will successfully solve the problems of employing disabled people with different forms of disability, different levels of education and from different social groups.

Replace the mass approach to employment of people with disabilities, used today by government agencies.

Form and maintain close relationships with employers, creating new employment opportunities for young people with disabilities

Provide support to young people with disabilities in job search, employment and work process.

Draw public attention to the real opportunities for people with disabilities in the workplace by disseminating information about successful employment experiences.

Disseminate successful experiences and practices among employers, government agencies, universities and other organizations of people with disabilities through the organization of conferences, publication of newsletters, websites, email newsletters and publication of the final project manual.

The use of a program-targeted method in the form of the “We Need You” program for 2010 - 2015 will make it possible to increase the employment rate and integration of people with disabilities into society over the next 5 years.

The program will be implemented using funds from the federal budget, the budget of the city of Moscow and extra-budgetary funds. Control over the implementation of the program must be entrusted to the Department of Social Protection of the Population of Moscow.

The goal of the Program is to create conditions for employment and integration of people with disabilities into society, as well as improve their standard of living.

To achieve this goal, it is necessary to implement a set of measures in the following interrelated areas:

1. Additional training or retraining for disabled people.

2. Creation of an information system both for people with disabilities about existing employment opportunities and government programs, and for employers about people with disabilities seeking work.

3. Organization and development of individual labor and entrepreneurial activities of disabled people.

4. Creation of a resource center for young disabled people “Helper”, providing young disabled people with psychological and physiological support.

5. Improving the quality of work of government agencies.

6. Modernization of enterprises with the aim of integrating young disabled people into regular workplaces.

7. Construction and reconstruction of rehabilitation facilities for disabled people.

Solving these problems will reduce the number of unemployed disabled people and ensure their return to professional, social and everyday activities.

Not every disabled person in need of employment has a specialty that is in demand in the labor market. In this case, additional training or retraining is required, therefore, within the first direction, the following activities must be carried out:

Organization of a “Club for disabled people seeking work.” The preparation of people with disabilities for employment on the basis of Job Seekers Clubs will be enhanced by increasing their professional skills through organizations, for example, permanent computer literacy courses based on the Perspective Regional Educational Institution, as well as their participation in vocational training courses.

Creation of clubs for young disabled people, for example, “Computer Technology Club”.

Development of distance educational programs (including training in specialties: programmers, lawyers, production technologists, air traffic controllers, etc.)

The second direction provides for the creation and implementation of a unified integrated information system that ensures effective interaction between people with disabilities, job seekers and employers. It is planned to implement a set of program activities, including:

Creation of a database for disabled people seeking work.

Conducting job fairs for people with disabilities, including virtual ones.

Creation of a special labor exchange for people with disabilities. The service will also retrain them in other professions.

To organize and develop individual labor and entrepreneurial activities of disabled people, it is necessary to carry out the following activities:

Conducting a competition among young people with disabilities to identify talented representatives in order to present their abilities among business structures in Moscow.

Training disabled people in the basics of entrepreneurship in areas most suitable for various categories of disabled people;

Providing such disabled people with preferential financial support from the State Federal Fund (State Employment Fund of the Russian Federation) and other funds;

Creation of “invasion business incubators” to provide support to disabled people starting entrepreneurial activities.

The fourth direction implies that a person with a disability needs accompaniment. For example, transport support and assistance from a trained driver or personal assistant. When he finds a job, he would benefit from supervisory support that will help him integrate into the workforce.

Improving the quality of work of government agencies (fifth direction) will be organized through:

Organizing training on disability issues

Providing information about disabled people looking for work, etc.

Obviously, it is impossible to make all institutions throughout the country accessible in five years. Therefore, within the framework of the sixth direction, for the primary solution to the problem of employment of people with disabilities, it is necessary, firstly, to create new computerized jobs, for example, for dispatchers who provide information services and accept orders from the population for the delivery of food and basic necessities, and secondly, modernization of enterprises of the All-Russian Society of Disabled Persons, the All-Russian Society of the Blind, the All-Russian Society of the Deaf and the All-Russian Public Organization of Disabled Persons of the War in Afghanistan.

But a person with disabilities should have the right to everything that people without disabilities have the right to. Otherwise, it will be a reservation, a place for work only for disabled people, where there will be no opportunity for growth, for development. Therefore, during the entire period of implementation of the Program, construction and reconstruction of rehabilitation facilities for people with disabilities will be carried out, as well as modernization of city enterprises with the aim of integrating and employing people with disabilities.

The sixth direction also includes the construction of a public and business center for the disabled.

For methodological support of the Program, it is planned to involve leading scientific and practical institutions dealing with the problems of people with disabilities, as well as all-Russian public organizations of people with disabilities.

The implementation of the proposed Program is planned to be carried out in 3 stages:

1. The first stage (2010) - scientific study of the main directions of the Program, development of regulatory documents, implementation of a number of other activities provided for by the Program, including investment projects;

2. The second stage (2011 - 2012) - conducting pilot implementations and experimental developments, their preliminary assessment along with the implementation of planned activities, as well as assessing the progress of their implementation, efficiency and effectiveness;

3. The third stage (2013-2014) - analysis, generalization and dissemination of developed innovative technologies for the rehabilitation of disabled people, development of the next stages of improving the employment system for disabled people in the city of Moscow.

The main objective indicator of the gradual solution of these problems is the increase in the number of disabled people who, as a result of a set of specially organized rehabilitation and integration measures, managed to overcome existing limitations in life and engage in labor and social activities.

social employment disabled person

Let's look at its main parameters, as well as interim results of implementation as of 2018. Legislative framework The Federal Target Program “Accessible Environment” (FTP) was first approved by order of the Government of the Russian Federation dated November 17, 2008. Its development was based on the Convention on the Rights of Persons with Disabilities of December 13, 2006. The implementation of the stated activities and priorities into practice showed that it would not be possible to achieve the goals in a short time. The Government of the Russian Federation returned to improve the program and adjust its text twice more. Documents were issued extending the program, as well as correcting and specifying the tasks of the performers:

  • Order No. 1365 dated July 21, 2014;
  • Resolution No. 1297 dated December 1, 2015;
  • Order of the Government of the Russian Federation dated February 23, 2018

What does the letter of the law say regarding the employment of disabled people? Please pay attention to the following documents: Order of the Ministry of Health and Social Development of the Russian Federation No. 1031-n, as well as No. 379-n; Law No. 181-FZ; Order of the Ministry of Labor and Social Protection No. 664-; Labor Code of the Russian Federation. Some articles of the law stipulate that a disabled person has the right not to provide a certificate of disability when applying for a job.

However, as practice shows, without visible limitations or health deviations, especially for people with disabilities in the third group, it is quite difficult to determine the presence of such. Therefore, in order to preserve the possibility of using legal rights for a disabled person, it is advisable to present this document.


There are three main groups – 1, 2 and 3. But the presence of a group does not mean that a person drops out of society.

Employment of disabled people

Subroutine No. 2:

  1. Creation and implementation of national templates aimed at normal perception in society of the physical limitations of some of its members. For example, conducting special lessons in schools.
  2. Stimulating entrepreneurs to employ disabled people.
  3. Organization of events for disabled children with the aim of their adaptation to the public environment.

Subroutine No. 3:

  1. Creation and implementation of a unified model for interaction between medical institutions.
  2. Formation of a professional personnel base to serve persons with disabilities.
  3. Improving medical examination criteria.
  4. Creation of a unified electronic database for medical institutions.

Interim results of the implementation of the Federal Target Program “Accessible Environment” The implementation of such a complex task as bringing the quality of life of disabled people to the level of a healthy citizen is a labor-intensive process.

Quotas for jobs for people with disabilities in 2018

To receive benefits, the employer is obliged to notify the employment center about the hiring of disabled people and a certificate of fulfillment of the quota. A similar document is submitted to the tax service. Visually disabled people and the characteristics of their work Visually disabled people are the most difficult category of citizens with disabilities to find employment.

Info

Thus, in some cases, employment of visually impaired people requires retraining and additional training. In addition, there are not many enterprises ready and able to provide jobs.

Today, work for the visually impaired is organized by the All-Russian Society of the Blind and consists of assembly and packaging operations. Call centers have become a new direction for the work of visually impaired people.

“Accessible environment” program for people with disabilities in 2018

Other types of support for disabled children are being developed in the regions:

  1. A local program to create barrier-free education is being implemented in Tambov. It includes about 30 schools that provide inclusive education.
  2. In some regions, at the expense of local budgets:
    • Specialized equipment is constantly purchased and sent to schools;
    • Buildings are being reconstructed to make them easier to use by children with disabilities.
  3. Personnel training is centrally organized to work with the following citizens in the areas of:
    • speech therapy;
    • oligophrenopedagogy;
    • deaf pedagogy and others.

Children suffer from awareness of their inferiority more than adults.

Moscow cities

In particular, the features of an employment contract with a group 3 disabled person are the following:

  • Eliminate the possibility of involving a disabled person to work in particularly dangerous and harmful conditions;
  • Do not contain clauses about the traveling nature of the work;
  • Reducing working hours, as well as providing for wages for disabled people with reduced working hours and the procedure for calculating it;
  • Inability to be called to work on holidays and weekends;
  • An indication of how many days of sick leave per year a disabled person is paid for;
  • The standard vacation period is not 28, but 30 calendar days, as well as the provision of additional vacations.

For the convenience of employers, a standard sample employment contract with a group 2 disabled person has been developed.

Employment of Persons with Disabilities Act 2018

Today in Moscow a meeting of the Coordination Council for the Disabled and Other Persons with Disabilities under the mayor of the capital was held, at which ways to solve the problems of this category of the population were discussed. In addition to Mayor Sergei Sobyanin, the event was also attended by the head of the Moscow Department of Labor and Social Protection of the Population Vladimir Petrosyan, the head of the Department of Physical Culture and Sports Alexey Vorobyov, two-time Paralympic swimming champion, multiple world champion and world record holder Olesya Vladykina, six-time Paralympic champion in cross-country skiing and biathlon, multiple world champion Roman Petushkov.

“A significant part of our efforts was aimed at improving the conditions for the rehabilitation of disabled people.

Employment quota for disabled people 2018

This department is entrusted with the task of coordinating the activities of numerous other event performers. For example:

  • Ministry of Communications of the Russian Federation;
  • Ministry of Education and Science of the Russian Federation:
  • Pension Fund;
  • Social Insurance Fund and others.

Goals and objectives of the Federal Target Program “Accessible Environment” The events were conceived in order to:

  • citizens with disabilities felt like full-fledged members of society;
  • other people perceived them as such.

That is, the Federal Target Program has two directions of impact, which boil down to one thing: overcoming the division of the population according to the criteria of physical capabilities.

Social integration of disabled people is being improved in Moscow

Important

The certificate must be certified by the ITU, as well as by the IPR. The question arises: where can disabled people from the second group get a job? There are no legislative restrictions on where a given disabled person can be employed.


However, employers are usually in no hurry to approve the hiring of such employees, thereby violating the law of the Russian Federation. There are at least three areas that people with disabilities in the second group can target: specialized companies or organizations; ordinary companies, enterprises; remote type of work (from home, etc.).

For group 3. To say that the package of documents for a disabled person with the third group is somehow different from the previous one is not true. The standard package is identical for all disabled people. A certificate of disability is not required, but is provided only at the request of its owner.

Employment quota for people with disabilities in 2018 in the Moscow region

Including:

  • creating free access for them to government buildings;
  • improving the quality of service;
  • identifying problems of such people that the state and local authorities are able to solve.
  • Increasing the level of adaptation and habilitation. Namely:
  • development of production of items and equipment for them;
  • implementation of relevant laws.
  • Improving medical care for citizens with disabilities:
  • development of objective criteria for medical examination;
  • control over the timeliness of providing them with assistance.

By 2016, the share of facilities accessible to people with disabilities increased to 45% (compared to 12% in 2010).