Traditional medicine

Labor protection of persons with reduced working capacity. Working conditions for disabled people Requirements for premises

Russian labor legislation regulating the work of people with disabilities contains a whole list of requirements and conditions designed to serve the rehabilitation of people with disabilities. The employer must navigate these requirements so as not to violate the rights of its disabled employees and create comfortable working conditions for them.

Quotas for disabled people at the enterprise

The first thing an employer in a large organization should remember is that there is a legal requirement for quotas for hiring people with disabilities. In Article 21 of the Federal Law of November 24, 1995 No. 181-FZ “On Social Protection of Disabled Persons in Russian Federation"(hereinafter referred to as Law No. 181-FZ) it is established that organizations with more than 100 employees are set a quota for hiring disabled people as a percentage of the average number of employees of no less than 2% and no more than 4%. Only public associations of disabled people and organizations formed by them, the authorized capital of which consists of the contribution of a public association of disabled people, are exempt from quotas.

Specific parameters of quotas, within the limits established by federal legislation, are established in the legislation of each subject of the Russian Federation. Thus, in Moscow, these parameters are enshrined in the Moscow Law of December 22, 2004 No. 90 “On job quotas.”

Article 3 of Law No. 181-FZ to employers operating in the territory of Moscow, who have average number number of employees is more than 100 people, a quota of 2% is established for the employment of disabled people. According to paragraph 3 of Art. 2 of Law No. 181-FZ, the fulfillment of the quota for disabled people is considered to be the employment by an employer of disabled people who have recommendations for work. Employment must be confirmed by a certificate employment contract, which was valid for at least 15 days in the current month.

At the same time, according to Art. 2.2 of the Code of the City of Moscow on Administrative Offences, failure by the employer to fulfill the obligation to allocate quota jobs shall entail the imposition of an administrative fine on officials in the amount of 3,000 to 5,000 rubles, for legal entities- from 30,000 to 50,000 rubles.

Documents confirming the employee's disability

Only the employment of employees whose disability is documented is considered to be fulfilled by the employer of quotas for the employment of disabled people. At the same time, the employer’s obligation to provide a disabled employee with the benefits and compensation provided for by law arises only from the moment he learned about his employee’s disability. An employer can obtain this information both when hiring a new employee and during the employee’s performance of his or her job duties.

The Labor Code prohibits requiring from a person applying for a job documents other than those provided for by the Labor Code of the Russian Federation and laws adopted in accordance with it and by-laws. Article 65 of the Labor Code of the Russian Federation establishes an exhaustive list of documents presented by an employee when concluding an employment contract. There are no documents confirming the employee’s disability, if any, in this list.

IN in some cases federal laws, decrees of the President of the Russian Federation and decrees of the Government of the Russian Federation may provide for the need to present when concluding an employment contract additional documents. Currently, there are no federal laws, no decrees of the President of the Russian Federation or decrees of the Government of the Russian Federation that would require a person applying for a job to submit documents confirming the presence or absence of a disability.

From this we can conclude that declaring one’s disability is a right, not an obligation, of an employee. Information about an employee’s disability is documented by presenting the following documents to the employer:

Inquiries medical and social examination(form No. 1503004, approved by Decree of the Ministry of Labor of Russia dated March 30, 2004 No. 41);

Individual rehabilitation program for a disabled person (IPR) (sample IPR form approved by Order of the Ministry of Health and Social Development of Russia dated August 4, 2008 No. 379n).

These documents contain mandatory data for the employer on the restrictions on work required for the employee.

Articles 69 and 212 of the Labor Code of the Russian Federation, as well as some federal laws, provide for the employer’s obligation to conduct a mandatory medical examination individual categories workers, in particular those employed in hard work, in the food industry, in medical and preventive care and children's institutions. During such examinations, signs may be identified that indicate the employee’s disability. However, during a medical examination, the employee’s disability cannot be established - the employee can only be sent for a medical and social examination in order to establish disability.

Paragraphs 1 and 2 of the rules approved by Decree of the Government of the Russian Federation of February 20, 2006 No. 95 “On the procedure and conditions for recognizing a person as disabled” stipulate that the determination of disability is carried out by federal state institutions of medical and social examination: the Federal Bureau of Medical and Social Examination, the main bureaus of medical -social examination, as well as bureaus of medical and social examination, which are branches of the main bureaus. Recognition of a citizen as disabled is carried out only during a medical and social examination.

According to clauses 15 and 16 of these rules, a citizen can be referred for a medical and social examination by an organization providing medical and preventive care, regardless of its organizational and legal form. An organization providing treatment and preventive care refers a citizen to a medical and social examination after carrying out the necessary diagnostic, therapeutic and rehabilitation measures if there is data confirming a persistent violation of body functions.

In a referral for a medical and social examination, data on the citizen’s health status are indicated, reflecting the degree of dysfunction of organs and systems, the state of the body’s compensatory capabilities, as well as the results of rehabilitation measures taken. The form of such a referral was approved by Order of the Ministry of Health and Social Development of Russia dated January 31, 2007 No. 77 “On approval of the form of referral for medical and social examination by an organization providing medical and preventive care.”

By the way
The importance of documenting an employee’s disability is also determined by the following circumstance: if an employer provides a disabled employee with benefits and compensation provided for by law without documentary confirmation of the employee’s disability, this may be regarded by the tax authorities as an understatement of the tax base by reducing income by the amount not documented expenses. Article 252 of the Tax Code of the Russian Federation requires documentary confirmation of any taxpayer's expenses, and failure to comply with this requirement does not allow even the costs of paying compensation for a disabled employee to be included in the employer's expenses.

General benefits for a disabled employee

The main legislative requirements for organizing the work of people with disabilities, as mentioned above, are contained in the Labor Code and Law No. 181-FZ. The following benefits and compensations are established for disabled people:

Working hours are no more than 35 hours per week (Article 92 of the Labor Code of the Russian Federation);

The duration of the daily shift in accordance with the medical report (Article 94 of the Labor Code of the Russian Federation);

Involvement in work at night (from 22 o'clock to 6 o'clock), overtime, on weekends and holidays is permitted only with the written consent of the disabled employee and only if he is not prohibited from doing so for health reasons in accordance with a medical certificate ( Art. 96, 99, 113 of the Labor Code of the Russian Federation and Art. 23 of Law No. 181-FZ). In this case, the employee must be familiarized with his signature on his right to refuse overtime work, work on holidays and weekends;

Annual paid leave of at least 30 calendar days(Article 23 of Law No. 181-FZ).

Leave without pay at the request of the employee for up to 60 calendar days a year (Article 128 of the Labor Code of the Russian Federation).

In addition, according to Art. 179 of the Labor Code of the Russian Federation, in the event of a reduction in the number or staff of workers with equal labor productivity and qualifications, preference is given to disabled people of the Great Patriotic War and disabled combatants in defense of the Fatherland.

For violation of these requirements in accordance with Art. 5.27 of the Code of the Russian Federation on Administrative Offenses, a fine in the amount of 1,000 to 5,000 rubles may be imposed on officials, and on legal entities - from 30,000 to 50,000 rubles. Moreover, instead of paying a fine, legal entities may be subject to administrative suspension of their activities for up to 90 days.

Hygienic and individual requirements to the working conditions of disabled people

Hygienic requirements for working conditions for disabled people are established by SP 2.2.9.2510-09, approved by Decree of the Chief State Sanitary Doctor of the Russian Federation dated May 18, 2009 No. 30. This document contains general requirements to the specifics of organizing a workplace for disabled people depending on the disease that caused the disability.

In particular, sub. 4.1 SP 2.2.9.2510-09 stipulates that the design and equipping of special workplaces for disabled people should be carried out taking into account the profession, the nature of the work performed, the degree of disability, the nature of functional impairments and limitations in the ability to work, the level of specialization of the workplace, mechanization and automation of production process.

However, these sanitary rules contain many evaluative and reference standards 1.1.1058-01, which makes it extremely difficult to use them as a document direct action. Paragraph 1 establishes the mandatory nature of the requirements of SP 2.2.9.2510-09 for the employer, but it contains only certain qualitative and quantitative requirements for organizing the workplace for disabled people. In this regard, SP 2.2.9.2510-09 can be considered primarily as an employer’s memo containing a list key elements organization of work for people with disabilities and does not specify the parameters of these elements that need to be established for workers with disabilities.

Article 32 of the Federal Law of March 30, 1999 No. 52-FZ “On the Sanitary and Epidemiological Welfare of the Population” provides for the obligation to carry out production control over compliance with sanitary rules during the implementation of production activities entrusted to the employer. This responsibility is implemented in the manner prescribed by SP 1.1.1058-01 “Organization and conduct of production control over compliance with sanitary rules”, approved by Resolution of the Chief State Sanitary Inspector of the Russian Federation dated July 13, 2001 No. 18.

Subclause 3.4 of SP 2.2.9.2510-09, control functions to determine the compliance of working conditions of persons with reduced working capacity with sanitary legislation are carried out by organizations and institutions of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare.

Article 224 of the Labor Code of the Russian Federation and Art. 23 of Law No. 181-FZ, the employer is obliged to create working conditions for employees with reduced working capacity in accordance with the IPR.

The concept of IPR is given in Art. 11 of Law No. 181-FZ. This is a set of optimal rehabilitation measures for a disabled person, including individual species, forms, volumes, timing and procedure for the implementation of medical, professional and other rehabilitation measures aimed at restoring, compensating for impaired or lost body functions, restoring, compensating for the abilities of a disabled person to perform certain types of activities. The IPR form was approved by order of the Ministry of Health and Social Development of Russia dated August 4, 2008 No. 379n.

The IPR is mandatory for the employer and a recommendation for the disabled person. Thus, a disabled person has the right to refuse one or another type, form and volume of rehabilitation measures, as well as the implementation of the program as a whole. A disabled person has the right to independently decide on the issue of providing himself with a specific technical means of rehabilitation or type of rehabilitation, including wheelchairs, prosthetic and orthopedic products, printed publications with a special font, sound-amplifying equipment, signaling devices, video materials with subtitles or sign language translation, and other similar means.

It is the relationships associated with IPR that seem to be the most risky element in the security system labor rights disabled people. Based on this document, employees with disabilities are not only created necessary conditions at the workplace, but also the above benefits provided for in Art. 94, 96, 99 and 113 of the Labor Code of the Russian Federation. However, in Art. 11 of Law No. 181-FZ stipulates that the refusal of a disabled person to implement the IPR as a whole or to implement its individual parts releases the employer from responsibility for its implementation.

Taking into account the degree of law-abidingness of a significant part of employers, it can be assumed that a refusal from IPR may appear as an unspoken condition for hiring or continuing to work for a disabled person in a number of enterprises. The most convenient situation for an unscrupulous employer is when employees do not inform him about their disability at all. However, even if for one reason or another the employer is still forced to find out about the employee’s disability (for example, it is obvious even with visual inspection or it is necessary to fill the quotas provided for by law), the refusal of such an employee from the IPR will save the employer from unnecessary costs to ensure the work of an employee with disabilities.

Currently, the mechanism for communicating information about an employee’s disability to the employer is not established by law. The employee is not obliged to provide the employer with information about his health, which means that the employer is not obliged to be aware of the presence of disabilities in a particular employee. In these conditions, it is impossible to talk about the unconditional obligations of the employer to create special working conditions for disabled people, especially since there remains wide scope for forcing the employee to “voluntarily” conceal his own disability or “voluntarily” refuse IPR. When an employer does not actually respect the labor rights of a disabled employee, the latter can only apply for protection of his rights to the Federal Service for Labor and Employment or the prosecutor's office in accordance with Art. 353 Labor Code of the Russian Federation.

People with disabilities very often suffer from violations of their rights. Firstly, it is very difficult for disabled people to find work in principle. Secondly, often workplace disabled employee does not meet the requirements that meet medical indicators according to a person's diagnosis.

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Regulatory framework

IN Russian legislation there are several legal and regulatory acts whose norms protect the rights of people with disabilities. In particular, we're talking about and on the protection of the labor rights of citizens with disabilities.

Among these documents are:

Constitution of the Russian Federation;
(the law was adopted on November 24, 1995 and registered with the Ministry of Justice of the Russian Federation under No. 181-FZ);
(approved by the resolution of the Chief Sanitary Doctor of the Russian Federation on May 18, 2009).

Terms and rules

Premises requirements

Disabled people must work in premises that meet hygienic requirements.

The main purpose of such a condition is to guarantee maximum safety of a person with disabilities and compliance with the requirements specified in Individual program rehabilitation.

Labor protection for disabled people provides clear rules regarding the number of floors in production, household and sanitary premises in which disabled people work.

Clause 4-15 of the Hygienic Requirements states that buildings should have no more than 2 floors. It is impossible to install workplaces for disabled people in the basement and basement floors.

It is important to note that the rooms must be spacious and large enough in area. To ensure a 100% guarantee that there will be no injuries to people with disabilities, floors must be non-slippery.

Operating mode

The requirements of the law and the Individual Rehabilitation Program, which is approved by representatives of medical and social expertise, provide for restrictions on the working time of employees with disabilities.

Article 92 of the Labor Code of the Russian Federation states that the working week for persons with 1 or 2 disability groups cannot exceed 35 hours. The requirements of the IPR are also taken into account, that is, when recommending a shorter working week, the employer must take into account the requirements of doctors.

It is not allowed to involve persons with disabilities in night work, as well as work on weekends. Disabled people can take part in such work only with their written consent.

Sanitary and hygiene factors

Section 5 of the Hygienic Requirements clearly addresses issues related to compliance with sanitary standards.

Employers must create the following conditions:

the recreation room for disabled people must occupy at least 12 square meters. meters at a rate of at least 0.3 sq. meter of area for each working disabled person;
The furniture in the rest rooms is comfortable, preferably soft, so that people can regain strength during lunch;
Regular wet cleaning by technical staff in areas where people with reduced working capacity are most often located.

If we analyze, the fulfillment of such requirements for large enterprise should not pose any difficulties, because there is no need to build additional premises. Simply, if necessary, a small re-equipment of the existing areas is carried out.

Contraindicated working conditions

Labor protection for persons with reduced working capacity provides for a ban on the use of labor in difficult conditions.

The fact is that they, working in prohibited areas medical indications conditions can dramatically worsen their health.

That is why the employer will be held liable for violating the working conditions of a disabled person.

№	Type of conditions	Manifestations
1	Physical	strong noise - high or low temperature air; - windy environment; electromagnetic field; low lighting
2	Chemical	heavy dust; high level of gas pollution in the industrial area;
3	Biological	infected microorganisms; viruses;
4	Dynamic and static loads	lifting heavy weights; fast or long walking, running; uncomfortable positioning of the body during the work process
5	Nervous	monotone; the possibility of an emotional breakdown; night shift

Labor protection for certain categories of disabled people

By vision

Eyes are a very important human organ. Unfortunately, there are many blind or visually impaired people today. They work both in ordinary factories, firms, and in specialized enterprises of the society of the blind.

Such people cannot perform work associated with strong vibrations and noise.

For visually impaired people, it is important to be in a room with good lighting. Also, visually impaired people must wear glasses to work so that their vision does not deteriorate at work.

Nervous diseases

Please note that a disabled person neuropsychic profile must undergo preliminary training and treatment in a psychoneurological boarding school.

Important points when arranging workplaces:

minimum number of partitions;
use of unbreakable glass for glazing;
additional partitions should be installed on staircases;
Creation special conditions- temperature and absence of chemical pollutants

Tuberculosis

Patients with tuberculosis can work only in specially created conditions or in special enterprises.

In the premises where these people work, the requirements of the IPR must be observed, namely:

Absence negative influence air on the lungs of disabled people. Note that such an influence is possible in the presence of allergens, carcinogens and metals in the air. Irritation of the lungs is a way to deteriorate the health of patients.
Ensuring optimal air temperature. It is important that there is no sharp changes air temperature and humidity.
Workers should be in rooms located on the sunny side of the building. The presence of sun indoors significantly reduces the level of dampness.
Separate dining areas and separate utensils, which must be disinfected according to all rules.

By hearsay

The level of restrictions for people with hearing problems is minimal, since their deafness is the only problem. Otherwise, these people are absolutely healthy.

Deaf or deaf-mute people:

are not allowed to work in rooms with high noise levels;
in workshops that produce or use flammable or toxic substances.

Diseases of the cardiovascular system

For people with heart disease vascular system special working conditions are also required. Let us note that it is absolutely possible to create conditions that will meet the requirements of regulatory documents on labor protection for this category of people with reduced working capacity.

Let's note the main points:

the room should have a reduced level of vibration and good sound insulation;
production workshops or work rooms in which “core workers” work are best located on the cooler side of the building;
the location of office equipment and furniture should minimize the number of bends and bends of the body of disabled people;
optimal indoor air temperature.

Let's look at a specific example:

A person has hypertension. He has high blood pressure so often that doctors decided to give him a disability group for this problem. When applying for a job, he brings to the HR department a certificate confirming that he has a disability group. he cannot, since his IPR does not provide for restrictions on “paper” work in the office. To ensure the most comfortable conditions for the new employee, we selected the table that was most suitable in all respects, moved it slightly lower than the shelf, and placed the bedside table for documents on a stand.

3 group

Previously, it was always believed that group 3 disability was “working”.

According to modern legislative standards, disabled people with minimal impairments can work in almost any field. For employment at the enterprise, no additional recommendations, permits or referrals are required.

2nd group

It is very difficult for people to get a job with this group. Employers are very reluctant to accept such people with disabilities into the workforce of their enterprises.

As of: 02/07/2012
Magazine: Personnel Directory
Year: 2012
Author: Zaitseva Olga Borisovna
Topic: HR documents, For other reasons, Temporary transfer to another job, Permanent transfer to another job, Mandatory and additional conditions, Permission to work
Category: HR practice

Additional agreement to the employment contract on changing the terms of the employment contract Order on changing the terms of the employment contract Act on the provision of a medical report Order on termination of the employment contract with the employee

Regulatory documents

1. Labor Code of the Russian Federation (extract) 2. Code of the Russian Federation on Administrative Offenses (extract) 3. Resolution of the Chief State Sanitary Doctor of the Russian Federation dated May 18, 2009 No. 30 “On approval of SP 2.2.9.2510-09” (extract)

In one of the previous issues of the Personnel Officer's Handbook, we talked about the rules for hiring people with disabilities and the specifics of the content of employment contracts concluded with this category of workers. Now let's look at what conditions need to be provided to these employees during their work, whether such conditions can be changed, as well as the special rules that apply in the event of termination of employment.

Workers who have health problems that lead to disability undoubtedly have certain characteristics, and their work cannot be regulated general standards, designed for workers who do not have any restrictions on their employment. Legislation establishes special rules use of the labor of disabled people, but to comply with such standards and provide disabled people special conditions labor is the employer's task. Let's look at what is required of you when your organization employs people with disabilities.

SPECIAL WORKING CONDITIONS FOR DISABLED PERSONS

Advice Pay special attention to contraindications and recommendations regarding the working conditions of a disabled person, which are contained in the IPR

Article 224 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) establishes an additional guarantee of labor protection for disabled workers, which consists in the employer’s obligation to create working conditions for disabled people in accordance with the individual rehabilitation program (IPR).

It is also necessary to take into account the requirements for sanitary and epidemiological safety and health preservation in the workplace for disabled people, which are established Sanitary rules(SP) 2.2.9.2510-09 “Hygienic requirements for working conditions for disabled people”, approved. by Decree of the Chief State Sanitary Doctor of the Russian Federation dated May 18, 2009 No. 30 (hereinafter referred to as the Sanitary Rules), in force since August 15, 2009.

These Sanitary Rules were adopted in accordance with the Federal Law of March 30, 1999 No. 52-FZ “On the Sanitary and Epidemiological Welfare of the Population”, Decree of the Government of the Russian Federation of July 24, 2000 No. 554 “On approval of the Regulations on the State Sanitary and Epidemiological Service of the Russian Federation and the Regulations on state sanitary and epidemiological regulation" and apply to all sectors of economic activity, enterprises, institutions and organizations of all forms of ownership, regardless of the sphere economic activity and departmental subordination, in which the work of disabled people is used (clause 1.3 of the Sanitary Rules).

Please note that for failure to comply with these Sanitary Rules, the employer may be subject to administrative liability.

According to Art. 6.3 of the Code of Administrative Offenses of the Russian Federation for violation of the Sanitary Rules a fine is imposed:

for officials of the organization - from 500 to 1000 rubles; for legal entities - from 10,000 to 20,000 rubles. or administrative suspension of activities for up to 90 days.

What mandatory requirements are formulated in the Sanitary Rules?

The current Sanitary Rules formulate mandatory hygiene requirements:

to working conditions; equipment; main jobs; medical care and sanitary provision for disabled workers, etc.

According to Part 2, Clause 4.3 of the Sanitary Rules shown working conditions for the employment of disabled people are:

1) optimal and acceptable sanitary and hygienic conditions production environment physical (noise, vibration, infrasound, electromagnetic radiation, dust, microclimate), chemical (harmful substances, allergens, aerosols, etc.) and biological (microorganisms, including pathogenic, protein preparations) factors;

2) work with slight or moderate physical, dynamic and static load, in some cases with severe physical load;

3) work mainly in free pose, sitting, with the ability to change body position, in some cases - standing or with the ability to walk;

4) a workplace that meets ergonomic requirements;

5) work not associated with significant movements (transitions).

Working conditions are contraindicated for disabled people in the presence of harmful production factors that go beyond hygienic standards and have an impact on adverse effect on the body (clause 4.2 of the Sanitary Rules):

biological factors

pathogenic microorganisms

night shift

Premises requirements

Sanitary rules establish requirements for premises in which disabled people work.

Thus, production premises must correspond to the established volume, which must be at least 15 cubic meters per working disabled person. m, area - at least 4.5 sq. m, height - at least 3.2 m.

The area of sanitary premises is determined at the rate of 0.3 square meters. m per employee, but not less than 12 sq. m depending on the group of production processes.

The area indicated in the example does not include the location of technological equipment, the area of passages, driveways, intermediate storage of materials and finished products (clause 4.16 of the Sanitary Rules).

At our enterprise, in one of the production workshops, the labor of disabled people is used. Special conditions have been created for such employees to work. We recently had a GIT inspection. The inspectors did not identify any violations in the organization of work for workers with disabilities, but we were told that we did not take into account the characteristics of these employees in the areas where workers rest during breaks. What are the legal requirements for such premises?

First of all, it should be taken into account that the distance from production premises to rest rooms should not exceed 75 m.

In recreation rooms, in addition to comfortable furniture, several places for lying should be equipped. In addition, the enterprise must have:

sharp deterioration

Two more important requirements are as follows:

1. Floors in industrial premises must be made warm and non-slippery.

2. At the end of each shift, wet cleaning of the premises should be carried out. The main rule that should be observed when employing and using the labor of disabled people: it is necessary to ensure that the nature and working conditions correspond to the functional capabilities of the body, qualifications, and the degree of preservation of professional skills.

Labor protection for certain categories of disabled people

Pay attention!

Employers are obliged to create the necessary working conditions and work schedule for disabled people

There are special rules for organizing the work of disabled people with damage to certain functions and systems of the body: tuberculosis; diseases cardiovascular system, organs of vision, organs of hearing, neuropsychiatric diseases.

Thus, disabled people of group II and, as an exception, disabled people of group III from among bacillary patients can be hired by enterprises that employ the labor of disabled people due to pulmonary tuberculosis.

The basic requirements for the premises where such employees work and sanitary and hygienic conditions are given in paragraphs. 6.1.3-6.1.21 Sanitary rules:

hygiene procedures

But the most important requirement is disinfection of clothing and premises (clauses 6.1.11-6.1.15 of the Sanitary Rules). The employer monitors the implementation of disinfection measures (clause 6.1.21 of the Sanitary Rules). At enterprises where disabled people with pulmonary tuberculosis work, it is prohibited to produce children's items, products for the food industry and public catering systems.

What jobs can visually impaired people do?

The types of work that visually impaired people can do depend on the condition of their basic visual functions(clause 6.4.1 of the Sanitary Rules). Disabled people with vision loss are not allowed to work with sources of local vibration and noise (clause 6.4.12 of the Sanitary Rules).

The main requirement for organizing a workplace is to provide workplaces and technological equipment with a system of landmarks (tactile, auditory, visual) that will help a disabled person navigate the workplace (clauses 6.4.3 and 6.4.8 of the Sanitary Rules). Lighting in the workplace should be set taking into account the illness of the disabled person. As natural light decreases, artificial light should automatically be switched on.

What restrictions are established for people with hearing impairments?

with fire and explosive substances; with moving mechanisms; in conditions of intense noise and local industrial vibration.

CHANGING THE CONDITIONS OF THE EMPLOYMENT CONTRACT OF A DISABLED PERSON

The Labor Code of the Russian Federation directly prohibits an employer from requiring an employee to perform work not stipulated by an employment contract, except for cases provided for by the Labor Code of the Russian Federation and other federal laws (Article 60 of the Labor Code of the Russian Federation). The same as in the situation with establishing labor relations and determining the conditions in which the employee will work, one should act if it is necessary to change the conditions of his work. The parties can only agree on such changes in conditions that will not violate the recommended work and rest schedule for the disabled person, or the labor protection rules at his workplace.

One of our employees for a long time was on sick leave, and when he returned to work it turned out that he was diagnosed with group II disability. This employee was not given any recommendations for transfer to another job, since, in principle, the work he performs for us can be classified as “light work.” But this doesn’t mean that other terms of his employment contract will remain the same? Should we enter into an additional agreement and take into account in the employment contract the benefits and guarantees that our employee is now entitled to?

In practice, situations often occur when the health of an “ordinary” employee deteriorates while working in an organization, and he becomes disabled. What consequences may arise for the parties in this case? Indeed, even if the employee is not recommended to transfer to another job, the terms of his employment contract cannot remain unchanged.

Thus, the working hours and rest periods of the employee are changing, since a disabled person is entitled to a shortened working day and an extended basic leave. The rules for attracting a disabled person to work outside the established working hours are also changing. The employee gains certain benefits in other work situations as well.

The parties need to formalize all changes to the terms of the employment contract in an additional agreement to it (Appendix 1), on the basis of which the employer will issue an appropriate order on personnel(Appendix 2).

According to Art. 72 of the Labor Code of the Russian Federation, changes in the terms of the employment contract determined by the parties, including transfer to another job, are allowed only by agreement of the parties to the employment contract.

Are disabled workers covered by the rules that allow workers to be transferred to another temporary job without their consent?

Pay attention!

When changing the working conditions of a disabled person, it should be taken into account that work in the changed conditions must correspond to the employee’s health status and the recommendations of the IPR

The law provides for cases in which a temporary transfer to another job can be carried out without the employee’s consent, and these norms do not contain any exceptions for employees with disabilities. However, in these situations, a transfer cannot be carried out to a job that is contraindicated for the employee due to his health status. Special significance this norm acquired when it is necessary to transfer a disabled person to another job. And in practice, with a high probability, situations may arise in which such a transfer cannot be carried out precisely for the reason that the state of health does not allow the disabled person to even temporarily perform another job.

Among the types of transfer to another job in relation to the work of disabled people, special mention should be made of transfer in accordance with a medical report. Such a transfer may be required by a disabled person on a permanent basis or temporarily.

Thus, such a transfer is possible in cases where a disabled employee performing a certain job function, due to deteriorating health, confirmed by a medical report, needs a temporary transfer to another job. Or the employee has been assigned a corresponding disability group and needs to be transferred to another permanent job for easier work.

Moreover, the legislator divides temporary transfers into two types, depending on the consequences of the employee’s refusal to transfer or the employer’s lack of suitable work.

1. The transfer is required for a period of up to four months.

If the employer does not have work that the employee can perform taking into account his state of health, or the employee refuses to be transferred to a job available to the employer, the employee is suspended from work with his job retained, but without payment of wages.

2. The transfer is required for a period of more than four months.

The consequences of the employer’s lack of suitable work (or the employee’s refusal of the job offered to him) in this situation coincide with the consequences of the inability to carry out a permanent transfer to another job based on a medical certificate - the employee is subject to dismissal on the grounds provided for in paragraph 8 of Part 1 of Art. 77 of the Labor Code of the Russian Federation, which we will talk about in detail later.

In addition, changing the content of an employment contract as a whole is possible under a variety of circumstances, and a contract with a disabled person is no exception, although in some cases employers are required to take into account additional guarantees provided to disabled people by labor legislation.

Our organization is planning to reduce its workforce. Among the employees who are expected to be dismissed on this basis is a group II disabled person (due to war trauma). Do people with disabilities have any additional rights, which we should take into account when reducing?

According to Part 2 of Art. 179 of the Labor Code of the Russian Federation, with equal labor productivity and qualifications, when the number or staff of workers is reduced, preference in remaining at work is given to disabled people of the Great Patriotic War and disabled combatants in defense of the Fatherland. If the level of qualification of a disabled person does not differ from other employees, then he has an undeniable advantage in remaining at work, which must be taken into account by the employer when deciding which employees are to be laid off.

TERMINATION OF AN EMPLOYMENT CONTRACT WITH A DISABLED PERSON

By general rule A disabled employee may be dismissed for any reason provided by law, subject to established rules and procedures.

But there are grounds for terminating an employment contract that are often applied specifically to disabled people due to the specific nature of their status.

Recognition as completely incapacitated

Circumstances beyond the control of the parties that may lead to the termination of an employment contract with a disabled person often include the recognition of the employee as completely incapable of work in accordance with a medical certificate issued in the manner established by federal laws and other regulations. legal acts RF (clause 5, part 1, article 83 of the Labor Code of the Russian Federation).

The document that is the basis for terminating an employment contract with an employee recognized as completely disabled is a certificate provided by the employee, issued by the ITU institution in the form approved. by order of the Ministry of Health and Social Development of Russia dated November 24, 2010 No. 1031n.

How to determine the date of termination of an employment contract if a disabled person is declared completely incapacitated?

When answering this question, you need to keep the following in mind. The date of determination of disability is the day the employee’s application for recognition as disabled is received by the ITU institution. Since from the moment a citizen is recognized as completely disabled, the employer is obliged to terminate the employment relationship with him, this is the date that must be indicated in the order to dismiss the employee and in his work record book.

Meanwhile, the examination itself is carried out within a certain time after the application is submitted, and a certificate of disability is issued to the employee after the examination is completed and the appropriate decision is made. And often in practice during this period the employee continues to perform his job duties. Thus, it turns out that the employee can continue to work after the date that will be indicated in medical documents as the date of recognition of him as completely disabled. IN similar situations, as an exception, the employment contract must be terminated immediately after the employer becomes aware of the employee’s complete loss of ability to work.

The employee was on sick leave from September 1, 2011, did not appear at work from this date, and was declared completely unable to work on November 17, 2011. But the relevant documents (medical report) were submitted to the personnel service only on December 5, 2011. How to formalize the termination of an employment contract in such a situation?

The date of termination of labor relations under clause 5, part 1, art. 83 of the Labor Code of the Russian Federation is the day when the employee was recognized as completely incapable of working - November 17, 2011. You should issue the dismissal order on the date when the HR department received the documents, without which dismissal is impossible, i.e. in the case under consideration situation, the order must be issued on December 5, 2011.

We believe that it would be useful to record the date the employer received a medical report, for example, by drawing up a corresponding act (Appendix 3), and indicate this document as one of the grounds in the dismissal order (Appendix 4).

It should be taken into account that in order to terminate an employment contract under clause 5, part 1, art. 83 of the Labor Code of the Russian Federation, a combination of the following conditions is required.

Condition 1. Complete inability of the employee to work.

Condition 2. Availability of a medical certificate indicating that the employee is truly completely unable to work.

Condition 3. Compliance with the procedure prescribed by law for issuing a medical certificate indicating the employee’s complete disability.

Do not forget that when dismissing employees recognized as completely incapable of working, they are paid severance pay in the amount of two-week average earnings (Part 3 of Article 178 of the Labor Code of the Russian Federation).

Performing work that is contraindicated for health reasons

An independent basis for termination of an employment contract with an employee is the performance of work that is contraindicated for the employee for health reasons. Moreover, such contraindications can only be provided for by a medical report issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation. Employer in in this case is obliged to terminate the employment contract under clause 11, part 1, art. 77 Labor Code of the Russian Federation.

This ground for dismissal applies if the following conditions are met in aggregate:

Condition 1. The employment contract was concluded for the performance of work that was contraindicated for a disabled person for health reasons in accordance with a medical report.

Condition 2. A disabled person cannot continue to work due to his health condition.

Condition 3. It is necessary to find out whose fault the violation of the rules for concluding an employment contract occurred. If an employee deliberately concealed the presence of medical contraindications to perform the job for which he was hired, then upon dismissal on the grounds in question, the employer is not obliged to offer him a transfer to another permanent job. If a violation of the rules for concluding an employment contract occurred through the fault of the employer, then dismissal is carried out with payment of severance pay to the employee and only if it is impossible to transfer the employee to another permanent job.

Impossibility of translation in accordance with a medical report

Particular attention should be paid to the legal consequences in a situation where an employee becomes disabled during the employment relationship. Note that these are the most common cases in law enforcement practice.

In the process of production activities in working hours the employee had an heart attack- and he was taken away in an ambulance. After rehabilitation treatment, the person was assigned disability group III, and the IPR submitted to the employer indicated that in order to continue working, he must be transferred to a higher level. light work and create special working conditions. However, in our organization there is no other work or similar conditions. What to do in such a situation?

According to Part 1 of Art. 73 of the Labor Code of the Russian Federation, an employee who needs to be transferred to another job in accordance with a medical report issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, the employer, with his written consent, is obliged to transfer to another job available to the employer that is not contraindicated for him due to his condition health. At the same time, the Labor Code of the Russian Federation refers only to a temporary transfer for a period of up to four months.

If the employer does not have the appropriate job, he is obliged to suspend the employee from work for the entire period specified in the medical report while maintaining his place of work (position). During the period of suspension, as a general rule, wages are not accrued.

If, in accordance with a medical report, the employee needs a temporary transfer to another job for a period of more than four months or a permanent transfer, then if he refuses the transfer or the employer does not have the corresponding work, the employment contract is terminated under clause 8 of part 1 of Art. 77 Labor Code of the Russian Federation. Remember that upon dismissal, the employer is obliged to pay the employee severance pay in the amount of two weeks' average earnings (Part 3 of Article 178 of the Labor Code of the Russian Federation).

Appendix 1

An example of drawing up an additional agreement to an employment contract on changing the terms of the employment contract

Appendix 2

An example of an order to change the terms of an employment contract

Appendix 3

An example of an act on the provision of a medical report

Appendix 4

An example of drawing up an order to terminate an employment contract with an employee under clause 5, part 1, art. 83 Labor Code of the Russian Federation

Disabled people employed in organizations, regardless of organizational and legal forms and forms of ownership, are provided with the necessary working conditions in accordance with an individual rehabilitation program.
It is not allowed to establish in collective or individual agreements the working conditions of disabled people (wages, working hours and rest periods, the duration of annual and additional paid leave, etc.), which worsen the situation of disabled people in comparison with other employees.
For disabled people of groups I and II, a reduced working time of no more than 35 hours per week is established while maintaining full wages.
By agreement between the employee and the employer, a part-time or part-time work week can be established both upon hiring and subsequently. The employer is obliged to establish a part-time or part-time work week at the request of a pregnant woman, one of the parents (guardian, trustee) with a child under the age of fourteen (a disabled child under the age of 18), as well as a person caring for the patient family member in accordance with a medical report.
For disabled people, the duration of daily work (shift) is established in accordance with a medical report.
The following are not allowed to work at night (night time - time from 10 pm to 6 am): disabled people; employees under the age of eighteen, with the exception of persons involved in the creation and (or) execution works of art, and other categories of workers in accordance with the Labor Code and other federal laws. Employees with disabled children, as well as employees caring for sick members of their families in accordance with a medical certificate, may be required to work at night only with their written consent and provided that such work is not prohibited for them due to health reasons. in accordance with the medical report. At the same time, these employees must be informed in writing of their right to refuse to work at night.
Involving disabled people in overtime work is permitted only with their written consent and provided that such work is not prohibited for them due to health reasons in accordance with a medical report. In this case, disabled people must be informed in writing of their right to refuse overtime work.
Working on weekends and non-working holidays is generally prohibited.
Engaging disabled people to work on weekends and non-working holidays is permitted only if such work is not prohibited for them for medical reasons. At the same time, disabled people must be informed in writing of their right to refuse to work on weekends and non-working holidays.
Disabled persons are granted annual leave of at least 30 calendar days based on a six-day working week.
In addition, the employer is obliged, on the basis of a written application from the employee, to provide unpaid leave to disabled workers - up to 60 calendar days per year.
This collection of information is based on excerpts from the Law “On Social Protection of Disabled Persons in the Russian Federation” and the Labor Code of the Russian Federation and published in the educational manual “Vocational Rehabilitation of Disabled Persons” (Ministry of Labor and social development Russian Federation together with the Federal Scientific and Practical Center for Medical and Social Expertise and Rehabilitation of Disabled People, 2004). This is the only information that can be found in the current Russian legislation on special working conditions for people with disabilities. There is a little of it in other various scientific and methodological materials.
Sometimes the materials mix up the concepts of “special working conditions for people with disabilities” and “special workplaces for people with disabilities.” It happens that this is justified, since the authors mean the same thing by them. But there is a fundamental difference between these two concepts.
The process of creating jobs in specialized enterprises that employ disabled people is a completely different topic and, in our opinion, has little in common with the process of creating special working conditions for people with disabilities. In this chapter we will dwell in more detail on special working conditions for people with disabilities.
In their work, our organizations oppose the isolation of disabled people in special production conditions, and strive to integrate them into the environment of workers without disabilities. Special jobs for people with disabilities can (and should) be created within ordinary enterprises, then the concepts discussed (jobs in special enterprises employing the work of people with disabilities, and special working conditions for people with disabilities) coincide in meaning, with the exception of one point. It is understood that special jobs for people with disabilities are considered special because they were initially created and designed only for people with disabilities. This may take a formal form, when it is simply declared that this workplace is intended for the employment of a disabled person, and working conditions there will be created when a suitable employee from among people with disabilities appears. Or it may initially have ready-made working conditions, and a suitable employee with a disability will be looked for for them. These are different approaches, since the processes of creating special working conditions and employment of people with disabilities take place here differently, and their results are also different. We'll look at this in more detail next.
One of the difficult tasks is the development of standards for the creation of special working conditions, which should allow not only to monitor the health of a disabled person employed, but also to effectively solve all the organizational and organizational problems that arise in this case. social nature. At the moment, in the professional section rehabilitation IPR only the medical components of the working conditions of people with disabilities are included, which makes it possible to select a profession suitable for their health condition, but cannot in any way help in the process of further employment. One can even say that the Individual Rehabilitation Program indicates contraindicated working conditions for a disabled person more than those that should be created at his workplace and will help him work effectively.
Working conditions contraindicated for the employment of disabled people are characterized by increased (decreased) levels of:
Physical factors (noise, vibration, air temperature, humidity and air mobility, electromagnetic radiation, static electricity, illumination, etc.),
Chemical factors (dust, air pollution in the working area),
Biological factors (pathogenic microorganisms and their metabolic products),
Physical, dynamic and statistical loads when lifting and moving, holding heavy objects, working in uncomfortable forced positions, long walking,
Neuropsychic stress (sensory, emotional, intellectual, monotony, night shift work, long working hours.

So what are these special working conditions for disabled people and how should they be created?
First of all, it is necessary to point out that all people with disabilities are different in their needs, and it is impossible to approach the creation of working conditions with the same requirements even for people with disabilities with the same type of limitations. There can and should be general evaluation criteria labor potential people with disabilities and uniform procedures for classifying needs depending on the objective state of their physical or mental capabilities, but this should not obscure the individuality of their employment process. Here they come to the fore and psychological aspects each personality, and the specificity of each individual situation when the same measures can give positive result, or may not have the expected effect.
On the other hand, it is impossible to determine what working conditions a person with a disability needs in isolation from the specific vacancy for which he is applying. For example, a blind person needs certain measures to create working conditions if he wants to work as an operator on a personal computer, and completely different ones to work as a massage therapist. That is, the creation of special working conditions for a disabled person is a purely individual process and it consists in determining specific measures for a specific person within a specific vacancy.
The design and equipping of special workplaces for disabled people must be carried out taking into account the profession, the nature of the work performed, the type of disability, the degree of functional impairment and limited ability to work, the level of specialization of the workplace, mechanization and automation of the production process.
Working conditions in the workplace for disabled people must comply with the Individual Rehabilitation Program for a disabled person, developed by the Bureau of Medical and Social Expertise.
When designing, reconstructing and operating special workplaces for disabled people, one should be guided by:
“Unified sanitary rules for enterprises (production associations), workshops and sites intended for the use of labor of disabled people and old-age pensioners” (Ministry of Health of the USSR, No. 2672-83 dated 03/01/83);
Occupational Safety System Standards (OSSS);
"Sanitary rules, norms and hygienic standards;
Hygienic criteria for assessing and classifying working conditions according to indicators of harmfulness and danger of factors in the working environment, severity and intensity of the labor process, approved by the State Committee for Sanitary and Epidemiological Surveillance of Russia on April 23, 1999. Guideline 2.2.755-99;
Regulatory documents public associations disabled people (VOI, VOG, VOS), the Ministry of Labor of the Russian Federation, regulating the work of disabled people;
Resolution of the Ministry of Labor of Russia "On the list of priority professions for workers and employees, the mastery of which gives disabled people the greatest opportunity to be competitive in regional labor markets" dated September 3, 1993 No. 150.
(Training and methodological manual "Vocational rehabilitation of disabled people", published by the Ministry of Labor and Social Development of the Russian Federation jointly with the Federal Scientific- practical center medical and social examination and rehabilitation of disabled people, 2003).
An important procedure for creating special working conditions is to identify barriers that may become an obstacle to the effective work of a person with a disability. There is also insufficient knowledge about the type of physical limitations of a disabled person and his health capabilities; data on professional skills and related social factors is needed. That is, information that a person can only move on wheelchair, does not allow one to determine the conditions under which he can work. It is possible to identify the need to create accessible infrastructure for people with disabilities musculoskeletal device, a list of specialties and professional duties that are contraindicated for this person in accordance with his medical report. Accessible infrastructure includes the ability to move freely throughout the organization (no steps, high thresholds, wide doorways, etc.), and convenience directly at the workplace (location of tools and equipment at the optimal level in height and depth, accessibility of shelves and racks etc.). Contraindications may reflect the objective professional limitations of a disabled person, because there are a number of professions that are inaccessible to a person using a wheelchair (for example, a miner or a flight attendant) or working conditions that are harmful to him for health reasons.
But this information does not contain ready-made solutions to remove barriers to the employment of disabled people. He needs, firstly, to be tied to a specific place of work, secondly, to perform designated job duties and, thirdly, to determine the already mentioned social factors that facilitate or hinder the work activity of this person with a disability.
This can be illustrated the following situations: if a disabled person who uses a wheelchair wants to work in an office as a computer technology specialist, then based on the proposed vacancy, he needs one set of measures, and if he is a plumbing foreman in production, then a completely different one. The sets of measures will differ due to the place of work, which fundamentally influences the creation of special conditions for the employment of a disabled person, and the requirements for the revision or adaptation of job responsibilities. That is, for computer technician it is necessary to take into account that he will not be able to independently move equipment, reach distant sockets, pull wiring, etc. Consequently, these responsibilities must be transferred to another person, or the technical possibility of how he can perform them must be provided. A similar procedure must be done in relation to the vacancy “industrial mechanic”.
In the examples given, we do not even take into account the possible factors accompanying their disability, for example, weakness of the grip of the hands (occurs with an injury to the cervical vertebrae), difficulties spending the whole day in a sitting position (due to partial damage to the back muscles), the need for regular breaks work due to headaches and so on. These restrictions may not exist, or they may be joined by other difficulties. Therefore, the task of creating special working conditions comes down to determining the capabilities of a person with a disability and correlating them with the requirements of the presented vacancy. Moreover, it is important to determine not only whether a disabled person is suitable for a given job, but also how working conditions can be changed so that a person with certain parameters of limitations and requirements for working conditions can work effectively in it.
This is a very important and, one might even say, fundamental point, which allows us to look at the issue of creating special working conditions for a person with disabilities from a slightly different angle. The trends are still too strong when people with disabilities are selected for vacancies based on simple principle“suitable - not suitable” or trying to “fit” the capabilities of a person with a disability to the requirements of the vacancy. This is largely why the results of employment of disabled people are low. The employment process will take place in a completely different way and with different results if the vacancy itself is changed to suit the capabilities of a person with a disability. This can happen in the following ways:
1) Changing the current rules in the organization or the work instructions of an employee with a disability. This may mean allowing for additional breaks during work for a person experiencing bouts of fatigue (for example due to multiple sclerosis) or transferring a number of official duties of an office employee with hearing problems to another employee.
2) Purchasing additional special equipment and arranging a workplace for a disabled person. This may apply to computer programs, allowing blind employees to work effectively on this equipment or to the desk of a disabled person in a wheelchair, from under which it is necessary to remove the bedside table and widen the opening for his legs.
3) By using a special service. This, for example, may be necessary when holding a meeting with the participation of people with hearing impairments (inviting sign language interpreters) or translating materials necessary for the work of blind employees from flat-printed form into Braille.
To employ a disabled person, it is necessary to take into account social factors his life. For example, if a person who uses a wheelchair has a personal car, then this fact contributes to his ability to work outside the home. And if, for example, he lives on the third floor of a residential building without an elevator, then until the issue is resolved free access outside, his employment to work in the office of any organization poses a serious problem.
A special workplace for a disabled person must have basic and auxiliary equipment, technical and organizational equipment that ensures the implementation of ergonomic principles when organizing workplaces for disabled people and takes into account the individual capabilities and limitations of specific individuals.
The design of all elements of production equipment and the organization of the workplace must comply with anthropometric, physiological and psychological characteristics and limited capabilities of working disabled people, taking into account:
Anatomical and morphological characteristics of the motor system;
Possibility of recognition of controls, objects of labor, tools;
Accuracy, speed and amplitude of movements when performing control actions;
Capabilities of gripping and methods of moving controls, tools, work objects (fingers, hand, whole arm, foot, including using prostheses and working attachments on them);
The magnitude of efforts developed during the implementation of control actions.
When designing and organizing special workplaces for disabled people, the following must be provided:
The use of special devices for the management and maintenance of equipment that compensate for the anatomical, morphological and physiological deficiencies and limitations of disabled people;
The use of specially designed hand tools, the shape, dimensions and resistance value of the drive elements of which ensure reliable grip and efficient use;
The location of equipment controls, technological or organizational equipment, processed parts in the workplace within the reach zones of the motor field (in horizontal and vertical planes), taking into account the anthropometric dimensions and physical limitations of the disabled person;
The use of easily accessible and controllable mechanisms that have reliable fixation to adjust the height of the working surface of the table and elements of the work chair;
Allocation of additional areas to ensure the possibility of accessing, turning around at the workplace and performing work in a wheelchair;
Equipping equipment and furniture in the workplace with indicators (visual, acoustic, tactile), taking into account capabilities and limitations separate groups disabled people (blind, visually impaired, deaf) and the perception of information for the unhindered finding of their workplace and performance of work;
Introduction, if necessary, of special operating modes and additional regulated breaks.
The arrangement of equipment and furniture in the workplaces of disabled people should ensure safety and comfort. All elements of stationary equipment intended for use by disabled people must be firmly and securely fastened.
(Training and methodological manual "Vocational rehabilitation of disabled people", Ministry of Labor and Social Development of the Russian Federation together with the Federal Scientific and Practical Center for Medical and Social Expertise and Rehabilitation of Disabled People, 2003).
Creating special working conditions for a person with a disability consists of solving three main blocks of possible barriers:
1. Accessibility of infrastructure, both the entire building and the workplace itself, must ensure the freedom of movement of a person with a disability and the efficiency of his work activity.
2. The place and schedule of work must correspond to his physical and social capabilities.
3. Job duties and working conditions, not accessible to humans with disabilities must be adapted to his physical and social opportunities or cancelled.
When creating working conditions for a disabled person, it is necessary to take into account both the physical and social components of his limitations. That is, the inability of a person in a wheelchair to get to his place of work represents precisely social restrictions, since they arose due to the inaccessibility of exit from his home and the inability public transport. Another example is if a disabled person is offered a vacancy as a secretary on a home telephone with official responsibilities for entering the received data into a computer and sending it via email, but he doesn’t have a computer, then this is also his social limitation.
Social restrictions of people with disabilities, although objective in nature, are dictated solely by temporary factors and imperfect attitudes Russian society to disability problems. And, unlike physical ones, social restrictions in the employment of disabled people can and should be overcome. But, on at the moment, the creation of special working conditions is directly related to social conditions life of a person with a disability, and they cannot be ignored.
We would like to point out that of the three points listed above, only the first requires financial costs (although, in accordance with the law, the standards of architectural and information accessibility for disabled people in the infrastructure of any company must already be observed), and the other two require organizational efforts. This shows that it is not only and not so much about the finances that are needed to create jobs with conditions suitable for employing people with disabilities, as some employees sometimes try to make it out to be government agencies. It is much more important to create a system that will take into account the capabilities of a disabled person, the possibilities of a vacancy and the possibility of their mutual adaptation. This is not a question of money, but a question of structural restructuring of existing programs for the employment of people with disabilities.
Nowadays, most often, financial resources are first allocated to create jobs for disabled people, then these jobs are created, and only then are disabled people found to work for them. According to this principle, for example, the program of the Moscow Public Relations Committee operates to hold a competition among employers to create additional jobs for people with disabilities. In addition to the fact that this is ineffective, since it is difficult to find an employee with a disability who can fully fit into a workplace and working conditions that have not already been created for him, it is also economically unprofitable.
We propose to proceed from the opposite: first you need to find an employee with a disability, then determine what needs to be done so that he can work effectively, and based on this information, select, adapt or create a workplace. At the same time, you first need to calculate how much it costs and only then allocate financial resources. Based on foreign research on this topic, it may turn out that in order to employ approximately 60% of disabled people, financial costs directly for the creation of special working conditions will not be required at all. They need measures to eliminate barriers to employment from points 2 and 3 of the scheme proposed above. And here, we repeat, what is needed is not money, but trained specialists who can ensure adaptation or change of job duties, schedule and working conditions to the individual capabilities of a particular disabled person.
Another big problem is the following - who will create these very special working conditions for disabled people? The Law “On Social Protection of Disabled Persons in the Russian Federation” states in Article 23 that the employer creates working conditions for disabled people in accordance with the Individual Rehabilitation Program. So it turns out that the employer himself should do this? But he is not an expert in the field of creating special conditions for people with disabilities and cannot foresee all the nuances that are associated with the employment process. Perhaps they should be written down in the disabled person’s IPR and the employer should simply follow what is written on the card and create working conditions in accordance with the recommendations of the “professional rehabilitation” section? But the practice of creating an Individual Rehabilitation Program shows that this is almost impossible to do. In addition, all of the above indicates that the creation of special working conditions for a person with disabilities in isolation from the specific workplace and vacancy for which he is applying is impossible.
Employees of the state federal employment service are also not involved in creating special working conditions for people with disabilities. This was dictated for the following reasons:
1) The lack of appropriate state programs to create special working conditions for people with disabilities, and if there are no programs, then there are no specialists on this issue.
2) Absence teaching materials, as well as training and retraining programs for employment service employees aimed at more efficient work with the individual needs of disabled people during their employment.
All of these problems do not allow us to effectively employ people with disabilities, who, due to their limitations, require the creation of special working conditions. And until the current situation is changed and the new system ensuring the employment of these persons, it is difficult to count on any progress in this process. And the questions - who and how will ensure the creation of special working conditions for people with disabilities within the framework of the current situation in the Russian Federation, unfortunately, still remain unanswered.

Question from Irina.

Having carried out a special assessment of working conditions at the loader’s workplace (involved in loading garbage into a machine during sanitary cleaning of the private sector), the place was assessed with a final class of 3.2 for the severity of the labor process. In the recommendations for the selection of workers, the possibility of using labor: (in the special assessment card) disabled people were indicated - no - SP 2.2.9.2510-09, clause 4.2.

The organization employs several disabled people at this workplace, but they were accepted in accordance with their individual rehabilitation programs, i.e. they are contraindicated in work associated with neuropsychic stress, with the need for quick decision-making, calculations, financial responsibility, and are recommended to work in the administrative and economic sphere as an auxiliary worker, janitor, loader.

What to do in this situation, should the organization fire these disabled people?

Reply for Irina.

Greetings!

If I were you, I would write an official letter addressed to the examination institution that issued the individual rehabilitation program with a request to clarify whether the employee can perform the work taking into account clause 4.3. SP 2.2.9.2510-09 or not.

Please note clause 4.3. SP 2.2.9.2510-09, working conditions must comply with the rehabilitation program for disabled people!

Resolution of the Chief State Sanitary Doctor of the Russian Federation dated May 18, 2009 No. 30 “On approval of SP 2.2.9.2510-09” (together with “SP 2.2.9.2510-09. Hygienic requirements for working conditions for disabled people. Sanitary rules”)

4.2. Contraindicated for the employment of disabled people are working conditions characterized by the presence of harmful production factors that exceed hygienic standards and have an adverse effect on the worker’s body and/or his offspring, and working conditions, the impact of which during a work shift (or part thereof) poses a threat to life, high risk of occurrence severe forms acute occupational injuries, namely:
— physical factors (noise, vibration, air temperature, humidity and air mobility, electromagnetic radiation, static electricity, illumination, etc.);
— chemical factors (dust, gas contamination of the air in the working area);
— biological factors (pathogenic microorganisms and their metabolic products);
- physical, dynamic and static loads when lifting and moving, holding heavy objects, working in uncomfortable forced positions, long walking;
- neuropsychic stress (sensory, emotional, intellectual stress, monotony, night shift work, long working hours).
4.3. Working conditions in the workplace for disabled people must comply with the Individual Rehabilitation Program for a disabled person, developed by the Bureau of Medical and Social Expertise.

We will be grateful if you give feedback (leave a comment) on the results of resolving this issue.