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Social assistance to disabled people in employment. Excerpts from conference participants' reports

There is such a thing as socially vulnerable segments of the population, which includes people who are disabled of various disability groups. This category of citizens is no different from the rest and has equal rights, in particular the right to work.

Can disabled people work?

Disability is not a death sentence and people who have limited abilities should not have their rights limited. This also applies to the right to work, which is enshrined in the Constitution. The modern development of production technology and achievements in the field of progress have made it possible for new jobs to emerge, of a qualitatively different type, where significant physical effort is not required, which makes it possible for disabled people to work in such jobs in the absence of serious contraindications.

Thanks to the opportunity to work, people who have limited opportunities cease to feel inferior and become full-fledged participants in society. At the same time, it plays a very important role in the issue of regulating the work of disabled people.

Legislative acts regulating the labor of disabled people

There are two main documents in force on the territory of the Russian Federation that clearly regulate the ability of disabled people to engage in work - this is the labor code and Law No. 181 “On the social protection of disabled people.”

According to the provisions of Article 64 of the Labor Code of the Russian Federation, no organization has the right to limit the rights of people with disabilities, or try to create direct or indirect advantages for other persons in the process of signing an employment contract, based on circumstances not directly related to the business characteristics of a person who is disabled. According to the letter of the law, neither nationality, nor race, nor skin color, nor status, nor age, nor gender can be the reasons why a disabled person can be discriminated against in his rights when applying for a job.

To comply with the requirements of the labor code and control the absence of prohibitions on the work of disabled people in organizations, the Law “On the Social Protection of Disabled Persons in the Russian Federation” was developed, according to which there is a distribution of zones responsible for government agencies in the field of implementation and compliance with the requirements:

  • Executive authorities, in accordance with this Federal Law, are obliged to develop quota standards for each organization to determine the smallest number of jobs for a given category that are subject to employment;
  • public authorities are responsible for adopting legislative acts in accordance with which a specific percentage of the quota is determined. At the same time, there are a number of organizations that are exempt from the mandatory employment of such workers. These include labor associations of disabled people or companies whose share of the authorized capital includes a part of the means of association of disabled people.

Is it mandatory to employ disabled people?

Article 21 of Law No. 181 establishes clear requirements for the number of people with disabilities who are subject to employment in a particular organization. The number of disabled people in an organization is based on the staffing level of the entire company. The larger the production, the greater the percentage of people with disabilities that must be hired.

  • 100 people. In organizations where the total number of people is more than one hundred people, the employer is obliged to hire disabled people in the amount of 2 to 4% of the average annual payroll;
  • 35. In smaller companies, where the number starts from 35 people, but does not exceed 100, the quota for hiring disabled people is set at 3%;

The responsibilities of territorial employment centers include constant monitoring of the situation on the labor market, including the creation of a database of vacancies covered by quotas, and the provision of referrals to organizations for people with disabilities who are looking for work. Also among the responsibilities of labor employment authorities is monitoring the implementation of the quota program. In addition, the activities of employment centers include assistance in professional retraining of disabled people.

Hiring procedure

To confirm disability, a person must have two documents in hand:

  1. A certificate issued by a medical and social examination, which contains information about the assigned disability group and the level of limitation for the work performed;
  2. An individual rehabilitation program, which must detail the mechanism for the rehabilitation of a disabled person.

When applying for a job, a person does not have to present the listed documents, except in cases where the potential place of work has special requirements for the employee’s health.

The main documents that are presented when applying for a job are:

A disabled person has the right to independently contact an employer when applying for a job or is referred to an existing vacancy by the territorial employment center. When the employer decides about the possibility of hiring this person, an appropriate order is issued and an employment contract is signed. When applying for a job, the employee is required to familiarize himself with his own job or production instructions, documents that relate to the regulatory acts of the organization.

Regardless of the disability group indicated in the MSEC expert report, the employer is obliged to provide a workplace, and labor restrictions must be taken into account. The disability group in the process of employment will determine working conditions. If there are groups 1 and 2, the working week, in accordance with the requirements of the Labor Code of the Russian Federation, cannot be more than 35 hours; for employees of group 3, no such restrictions are established.

An important point is the fact that the wages of people in groups 1 and 2 are in no way tied to the shortened week. The involvement of persons with disabilities to work on holidays or weekends occurs on a general basis, provided that there is no prohibition in the individual rehabilitation program.

People of groups 1 or 2, as well as those who have been disabled since childhood, have the right to a tax deduction in the amount of 500 rubles, which is provided by the employer separately from deductions for the presence of minor children. Tax is not charged on funds spent by an organization to purchase means of rehabilitation or prevention for people with disabilities. Also, financial assistance in amounts not exceeding 4,000 rubles is not subject to this tax. To be exempt from paying tax, the employer must prepare documents confirming the amount of actual expenses at the enterprise.

People with disabilities are not assigned a probationary period when applying for a job; however, they have the right, on their own initiative, to terminate fixed-term contracts in the event of a deterioration in their health or the impossibility of further performing work in accordance with the responsibilities specified in the job description.

Nuances of ensuring normal working conditions for disabled people

When employing a disabled person, the employer will be required to take additional measures, the purpose of which will be to adapt the existing one. This includes the development of technical support for the place, planning the use of devices that are aimed at facilitating the work of a disabled person and the performance of his labor functions.

At the same time, the state encourages employers to carry out such events. For workplaces that are fully equipped for the work of disabled people, the state pays organizations an increased payment. Such a workplace must necessarily meet the requirements of sanitary and hygienic standards, not be located in the basement, have an air conditioning system and have the required area.

Benefit to the employer from hiring a disabled person

To stimulate the hiring of people with disabilities, the state applies measures to provide benefits on taxes or insurance contributions. These benefits apply exclusively to receiving a discount on land and property taxes with one caveat. An organization where the share of disabled people exceeds 50% of the total number or in the authorized capital there is a means of a public organization of disabled people can take advantage of the right to receive benefits.

Another reduction in payments from the employer is a reduced rate on contributions to the Social Insurance Fund. The reduced rate applies only to payments for places where disabled people of groups 1 or 2 work.

In modern society, a lot of attention is paid to the problem of people with disabilities, namely the problem of their employment. The state is actively developing relevant regulations aimed at the social protection of this segment of the population. But in relation to the employer, most of the measures are restrictive and coercive in nature, so many organizations are in no hurry to hire people with disabilities.

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 labor activity.
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 disabled people 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 an 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 stipulates 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, engaging an employee with disabilities to work overtime 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 priority right to retain a job during the period of layoffs has:
- 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

Many people with disabilities are willing and able to work. The development of information technology, automation of the production process and other achievements of technological progress have influenced the nature of human labor; various professions and jobs have appeared where minor physical limitations do not interfere with work.

This enables disabled people to adapt to society, feeling like full-fledged individuals. At the same time, the state plays an important role in providing employment to such persons.

What does the legislation of the Russian Federation say about this?

According to Art. 64 of the Labor Code of the Russian Federation, organizations cannot limit rights, determine indirect or direct advantages when signing an employment contract based on nationality, race, skin tone, status, age, gender, place of residence and other circumstances that are not related to the business characteristics of a disabled person.

In order for employers to comply with legal requirements regarding the prohibition of restricting the rights of citizens, additional requirements have been established. Federal Law No. 181 of November 24, 1995 “On the social protection of disabled people in the Russian Federation” prescribes:

  • for executive authorities of constituent entities of the Russian Federation - to determine the smallest number of specialized places of work for the placement of disabled people in each company within the quota;
  • for state authorities of the Russian Federation - in legislative acts, determine for organizations where the number of specialists exceeds 100 people a quota for accepting disabled people as a percentage of the average number of specialists (not less than 2-4%). Public associations of persons with disabilities and companies formed by them, the authorized capital of which includes the share of a public association of persons with disabilities, are exempt from quotas.

Quotas for places of work does not apply to companies with up to 35 employees and companies that are associated with a public association of disabled people.

That is, territorial employment centers create an information base on quota vacancies, provide people in need with directions to get a job, check the implementation of quotas and the receipt of payments. Assistance is also provided in retraining or professional training of workers, and subsidies are provided on a standard basis.

At the state level, the following measures are taken to employ such persons:

  • preferential credit and financial policies for organizations employing disabled people;
  • stimulation of the organization of special places;
  • creation of optimal working conditions for employees according to IPR;
  • organizing the work place with special equipment and devices.

You can get detailed information about hiring such citizens from the following video:

Are employers required to hire them?

According to the established quota, the employer must create and allocate places for work for people with disabilities, provide employment in accordance with the rehabilitation program, and provide information for companies on the employment of people with disabilities.

According to the Labor Code (Article 64), the law on social security and other regulations, even in the absence of special places, the employer has no right to refuse employment(if the working conditions for the position for which the disabled person is applying meet the conditions of the rehabilitation program).

If an employer refuses to accept a citizen under the established quota, an administrative fine of 2-3 thousand rubles is imposed.

An exception may be a certificate from the ITU, which indicates the person’s disability or contraindication for this type of activity.

Recruitment procedure

The main documents confirming the condition of a disabled person include medical and social examination certificate (MSE) and individual rehabilitation program. The certificate must contain information about the level of disability and disability group. The rehabilitation program prescribes the rehabilitation mechanism.

When applying for employment, the applicant may not provide this documentation, since it is not listed in the list (Article 65 of the Labor Code). But if the future place of work has health requirements, then he must provide ITU and IPR certificates.

The main documents provided to the employer include:

  • passport or other identification document;
  • work record book (except for the initial conclusion of an employment contract or hiring a part-time employee);
  • military registration documentation (for persons conscripted for military service or liable for military service);
  • SNILS;
  • diploma of education, document on advanced training or special skills;
  • certificate of absence or presence of a criminal record, criminal prosecution.

A disabled person can independently contact an employer or be referred by an employment center according to an established quota. After the potential employee provides all the documents, he draws up an application, it is completed, and the employer issues an order. The specialist also familiarizes himself with the job description and other regulations of the company, draws up a personal file, and makes an entry in the work book.

Regardless of the disability group, the employer must provide a workplace. Attention is drawn to the degree of limitation to work specified in the IPR.

When accepting disabled people of groups 1 and 2, a working week of up to 35 hours is established; for group 3, such restrictions are not provided for in the Labor Code of the Russian Federation.

Payment for work is carried out in full salary, regardless of the reduced time. The involvement of persons with disabilities in work on holidays and weekends is permitted in the absence of a medical prohibition in the IPR and the consent of the employee. The contract may contain a section on additional insurance for the specialist. Disabled people can take leave at their own expense for 2 months, and The duration of paid leave is 30 days.

Specialists with disabilities of 1st and 2nd groups, disabled since childhood, can receive tax deductions for personal income tax in the amount of 500 rubles, which are provided regardless of the deduction for children. Personal income tax is not withheld from amounts paid by the company for means of rehabilitation and prevention of disabled people, purchase and maintenance of guide dogs. Financial assistance in the amount of 4,000 rubles for the purchase of medical supplies and in the amount of 400 rubles provided to former specialists who have retired are not subject to personal income tax. To be exempt from tax, the employer must provide evidence of actual expenses for these activities.

Such employees are not provided with a probationary period; they can be terminated if their health deteriorates and they are unable to fulfill their job responsibilities.

Nuances of ensuring working conditions

Special places of work require additional measures to organize work, including: adaptation of auxiliary and main equipment, additional, organizational and technical equipment, provision of technical devices in accordance with the individual capabilities of disabled people.

The Ministry of Health adopted a law on increasing payments to the employing organization for an equipped place of work for a disabled person in the amount of 30-50 thousand rubles. The workplace must comply with sanitary regulations, be located not on the basement or basement floor, be spacious and have ventilation.

Benefits for the employer

Due to the low demand for workers with disabilities, the state provides organizations with benefits and payments (for taxes and insurance contributions).

Tax benefits apply only to the payment of and. But not all companies can apply for them, but only public organizations of disabled people (the number of disabled people should not be less than 50%, and the payroll of workers should be at least 25% of the total wage fund) or companies that have shares in such public organizations.

In reality, the state does not provide sufficient benefits for enterprises to actively encourage them to employ people with disabilities.

The problem of employment of disabled people is one of the most significant in the social sphere, along with pensions and benefits. According to the Pension Fund of Russia, over 12 million citizens with established disabilities are officially registered in Russia, and only a quarter of them are involved in the labor market. In conditions of economic instability, the situation with finding work is becoming more and more neglected - even state employment centers are able to provide work to only a third of disabled people who apply. In this regard, experts call unemployment the most important problem for Russians whose physical capabilities are limited.

To resolve this issue, the Ministry of Labor has developed a bill that plans to increase employment among citizens with disabilities. Officials predict that over the next 8 years, the employment rate among this population will increase by at least 100% – it is planned to employ half of all Russian disabled people. But passing a law is one thing, but actually overcoming the stereotypes and obstacles that have developed in society is completely different. What is preventing the increase in the employment rate among people with disabilities and how do the authorities plan to solve this problem? Careerist.ru tried to understand the situation.

Everyone - according to the workplace

The Pension Fund of the Russian Federation claims that, according to their data, over 12 million citizens with disabilities live in Russia, and only 5% of them are citizens of disabled age (children). Of the rest, according to the Ministry of Labor, only 25.3% work, which is significantly less than the figure for developed Western countries. State employment centers are actively engaged in finding employment for disabled people who contact them - even the capital’s authorities. However, the results of the labor exchanges leave much to be desired - Of those who applied, a maximum of 35% get a job.

In order to correct the current trend, the Ministry of Labor has developed a bill according to which employment authorities will be required to take the initiative in their activities to find work and employ people with disabilities. Their work model will be structured in such a way that medical and social examination institutions will inform employment centers about whether disabled people have a desire to work. In fact, information about the desire of a disabled person to find a job will be received at the time of registration of disability, and immediately after that it will be transferred to the labor exchange.

More than 12 million citizens with disabilities live in Russia, and only 5% of them are citizens of disabled age (children).

Monitoring at the initial stage will allow not only to quickly select a job for such citizens, but also to immediately determine which of them and to what extent are capable of work, based on their physical capabilities. Moreover, those disabled people who, as a result of disability, have received serious limitations in their life activities will be provided with special assistance in employment as part of their rehabilitation programs.

As noted in some employment centers, problems with the employment of disabled people often arise that are not caused by their physical health, but by a lack of education. For example, in Yamal, the share of citizens with disabilities who have higher education is only 15%, another 35% have secondary vocational education, and half have only school certificates. But, despite this, the Ministry of Labor predicts that as a result of the adoption of the law it proposed and its work, over the next 2 years the number of disabled people employed in the labor market will increase to 40%, and in 4 years - to half of all disabled people in the country.

The document is now being coordinated with the authorities of the constituent entities of the federation.

Environment of stereotypes

Problems with the employment of disabled people, according to experts, are caused not only by their lack of education and passivity in matters of social adaptation. Stereotypes from many companies, as well as environmental conditions, play an equally important role in this matter. Employers deliberately discriminate against citizens with disabilities, being confident that they are simply incapable of full-time work. And the inability of public places and transport to support the life of disabled people only adds to their confidence in this. And if it is not yet possible to change the opinion of employers, they have begun to deal with issues of fitness quite actively.

The largest and most famous project today is “Accessible Environment” - a program under which, since 2011, social infrastructure has been adapted for use by people with disabilities– ramps are installed in clinics, parking spaces are arranged, call buttons are installed, etc. But we are not only talking about standard devices - almost 20 thousand infrastructure facilities have been equipped with specialized equipment for different categories of people with disabilities since the beginning of the program, and by 2020 it is planned to equip the same number more. For example, at the Samara airport there will be an elevator for boarding disabled people on board aircraft - today a special group provides assistance in boarding. In other cities, special routes are being developed for people with disabilities, and new construction projects are accepted for operation only if they are adapted to citizens with disabilities.

But adapting the infrastructure is, of course, good, but it does not solve the issue of employing people with disabilities.

In solving this problem, the main role is played by the educational work of the state, which will change the attitude of employers towards people with disabilities. But so far the state only uses “coercion” introducing quotas for people with disabilities and thereby forcibly obliging employers to employ them. And be that as it may, the scheme works - each region independently determines the volume of quotas, if it is set, then at the level of 3-4% of the total number of jobs. But this approach does not eradicate discrimination, but, on the contrary, creates it, only in relation to applicants without disabilities - they may well lose their job or not get it, and the decision will not be made based on an assessment of business qualities. In such cases, disabled people become a burden for companies, which only creates negativity towards citizens with disabilities.

Another support option is subsidizing employers who employ disabled people and equip their workplaces. But the most effective way to stimulate increased employment among people with disabilities can be considered, nevertheless, training people with disabilities in those specialties in which they can create competition in the labor market. Usually they are educated to work as accountants, salesmen, mechanics, IT specialists, administrators, operators, etc.

Going beyond

Even despite many barriers and difficulties, many people with disabilities do not choose the easy ways and comfortable options, and find employment in places where it is difficult for even physically able-bodied citizens to find work. For example, in the Urals, hearing impaired people work in jewelry companies, and visually impaired people from Sochi work as tour guides. Often people take issues of employment and social adaptation into their own hands. For example, Penza wheelchair users have organized their own rehabilitation center, where they not only live together and help each other in everyday life, but also independently organize jobs. In Penza, in particular, there is such a printing house and a unique entertainment facility for the disabled.

Often people take issues of employment and social adaptation into their own hands.

The last example, in fact, is the most striking, because organizing your own business for a disabled person allows him not only to find a job himself, but also to employ citizens like him. Moreover, public employment services are even ready to provide small funding for this. For example, in Tomsk, Russians with disabilities, if their business plan is liked by the relevant commission, are provided with 60 thousand rubles for its implementation, plus compensation for the costs of registering an individual entrepreneur or legal entity. faces.

Of course, the money is small, but if you have your own savings, it often allows you to open workshops, hairdressers, agricultural enterprises and even an atelier.

And for such unique cases to develop into a positive trend, the state must rebuild the systemic work of employment services, which will not only look for jobs and issue referrals, but also to accompany the entire process of citizen integration into the labor market. And although “assistance in writing a resume” and other support measures are already the responsibility of employment centers, this needs to be specifically clarified at the legislative level. However, this would be useful not only for citizens with problems, but also for fully healthy Russians, whose employment problems are no less important than the employment of disabled people.