Citizens of the Russian Federation with a disability group are limited in performing normal work duties when employed. Often it is even difficult for such people to get a job, since not all employers want to provide them with jobs by allocating a position in the staff list. To protect persons with disabilities, and providing them with the opportunity to find a job, the state strictly regulates the availability of jobs in most organizations and enterprises in our country. In this article we will cover the topic of what is job quotas for people with disabilities.
Concept, basic terms and definitions
In the process of considering the procedure for allocating quotas for individuals, several basic concepts are used, the definition of which is worth considering in more detail:
- Quota- this concept reveals a certain number of jobs, expressed as a numerical or percentage ratio to the total number of personnel of an enterprise or organization according to the staffing table. The number of quotas allocated by the enterprise corresponds to the number of disabled people whom the enterprise is able to employ;
- Disabled person- a person who has a health impairment, as a result of which he cannot perform work duties as usual;
- Employment Center - state organization, which deals with the registration of unemployed citizens of working age. When persons with disabilities apply, the employment center provides assistance in finding a job in accordance with the capabilities and limitations of the citizen and directs him to work;
- Order. With regard to the provision of quotas for people with disabilities, this is a document that provides the basis for carrying out a certain task - allocating places for people with disabilities in the staffing table. Similarly, when hiring disabled people, an order is created on the basis of which their official employment is carried out;
- Employer- an individual or legal entity officially registered with the tax service who employs a person with a disability. The employer is responsible for providing the disabled person with all the necessary conditions for performing work duties in accordance with the position held, paying for the number of days worked and providing social guarantees.
What does the law say?
The regulatory framework governing the need and procedure for allocating places for persons with disabilities disabilities, are the following laws Russian Federation:
- Federal Law No. 181 “On social protection...”, defining the procedure and mechanism for allocating quotas and establishing the need for such action for each specific organization;
- Federal Law No. 1032–1 “On Employment in the Russian Federation” - indicates the employer’s obligation to implement the program to allocate places for persons with disabilities. As part of such actions, organizations and enterprises report to the territorial office of the employment center about the availability total number places and how many of them remain unoccupied;
- Separate norms and rules that are reflected in legislative acts of a territorial and regional nature. As an example, we can cite the Regulations in force within the city of Moscow - PP No. 742, which determines the minimum mandatory value of allocated places by individuals and legal entities for citizens with a disability group.
Those organizations and enterprises that, in accordance with the basic provisions of the laws regulating the employment of disabled people, are required to allocate jobs for them, are the following:
- Individuals and legal entities with a staff of 35 or more people. Moreover, for those organizations where the number of employees will not exceed 100 people, the percentage will be slightly different;
- Public and private organizations of any kind existing forms property;
- Organizations that have conditions for the possibility of hiring citizens with disabilities. This point must be understood in the following context - those organizations that have heavy or hazardous conditions labor (mines, foundries and mechanical plants, etc.) cannot be obliged to employ disabled people. If an individual entrepreneur or LLC simply does not have a workplace for such persons or does not want to equip one, and the method of performing work duties is suitable for a person with disabilities, this fact does not relieve the need to allocate a quota.
Mandatory sizes of allocated quotas
At the federal law level installed the following standards quotas for employment of persons with disabilities:
- Organizations in which the number of workers ranges from 35 to 100 people - no more than 3% of the total number of employees;
- Organizations with 100 or more people - from 2 to 4% total number of jobs.
A separate feature of the allocation of quotas for the employment of persons with disabilities is the fact that the percentage is determined by the total number of jobs without taking into account those positions or types of work that are associated with dangerous or harmful working conditions. Moreover, the allocation of quotas within one organization is carried out without taking into account its branches or branches, which are located in a separate area or other locality.
From the need to allocate quotas in full The following organizations are exempt:
- Public associations of disabled people;
- Those companies that were created by organizations of disabled people;
- Business-type societies or partnerships that were organized with the help of the authorized capital of a society for the disabled.
Employment rules and procedures
The process of quotas for places in each organization is carried out as follows:
- Determining the required number of seats for the employment of disabled people in accordance with the number of employees and individual requirements of federal and regional laws;
- Conclusion of an agreement between physical or legal the person and territorial body of social protection of the population for the allocation of places for disabled people;
- Signing the order at the organizational level (this action is carried out annually), which approves the number of such places, indicating specialties and positions.
Separately, it is worth noting that even if there are no persons with disabilities willing to work for quota places, the employer does not have the right to accept citizens without disabilities.
The process of employing a person with a disability differs somewhat depending on how the employee learns about the existing vacancy. In the first case, the organization submits an advertisement about the availability of employment opportunities for citizens with disabilities, indicating positions and specialty. Familiarized with general information a disabled person applies directly to an employer for a job. Otherwise, according to the information submitted to the employment center about the availability of quota places, persons registered with it are provided with information about those positions for which the person medical indications can find a job. After this, the citizen is sent for an interview and, if officially employed, is deregistered.
It is worth noting that at the legislative level, persons with disabilities are prohibited from being admitted to probation- employment is carried out immediately to a permanent place.
General admission procedure for the work of citizens with disabilities is as follows:
- Passing an interview during which the employer voices the main features of performing job duties, and the applicant indicates general information about yourself and your existing work experience and skills;
- Providing documentation by a potential employee - passport, insurance certificate, education documents (if necessary) and mandatory conclusions medical commission on assignment of disabled person status. The employer must pay attention to the validity period of the certificate, since every citizen must undergo such a commission again at a certain frequency, depending on the degree of disability;
- Official registration of a new employee and the beginning of his work activity.
How is an order drawn up?
The procedure for allocating a certain number of places that will be intended for the employment of disabled people must be accompanied by the issuance of an order on behalf of the manager. Such an order reflects the grounds for allocating places in the staff, special conditions, which must be available at workplaces and the ability to perform work duties remotely. It also contains information about the number of places with a full indication of the name of each of the available positions.
Sample of a drafted order to create a quota-based workplace for a disabled person
The order for the allocation of a quota place does not have a standard form - it is drawn up in any order, but it must reflect the following facts and data:
- Name of the organization or enterprise, order number according to internal numbering, date of preparation and registration;
- Document's name;
- A link to the legislative act on the basis of which the decision on the allocation of places was made;
- The number of places the availability of which must be ensured;
- Basic requirements for organizing the workplace for each position or creating conditions for the ability to perform job duties.
Employer's liability
Despite the need to place quotas for people with disabilities, many organizations and enterprises do not carry out this action and, in addition, when people with disabilities directly contact them, they are denied employment. To prevent being ignored general rules, measures have been developed and implemented to hold people accountable for failure to comply with the requirements of the law.
Heads of organizations may be held liable for the following actions:
- Failure to comply with the requirement to create a certain number of places, calculated on the basis of the total number of workers, for the employment of persons with disabilities;
- Lack of provision of disabled people with appropriate conditions for performing work duties in accordance with the characteristics of their health, as well as labor protection and safety requirements;
- Failure to provide data on the availability of quotas to social protection authorities within the required period of time;
- Refusal to hire a disabled person if there are vacancies.
Separately, it is worth noting that the employer is not obliged to independently fill vacancies - he must only ensure their availability.
In the event that there are no quotas at all or the employer has refused to employ a disabled person, such actions entail the imposition of a fine on the official in the amount of 5 to 10 thousand rubles. For failure to provide information, the fine, depending on the surrounding circumstances, can reach 500 rubles in relation to an official and up to 5 thousand rubles in relation to a legal entity.
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About the quota problem:
The state regulates ways to provide people with disabilities with suitable jobs. However, despite the availability of positions, not all employers are ready to hire a person with disabilities.
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Such an employee is entitled fringe benefits, which scare off employers. To ensure that registering a disabled person does not cause problems, quotas were developed.
What it is
Job quotas is a process associated with the creation of positions for a specific group of people. A quota for disabled people is an obligation of employers to develop special places and employ people with disabilities. The number of special places is calculated based on the average number of employees in the company.
Federal Law No. 181 established quotas for people with disabilities:
If an employer refuses to follow the law, he will be subject to an administrative fine. Questions arise due to the lack of a clear definition in the laws of the allocation of a workplace.
If you look at Federal legislation, the employer must formalize personnel documents place for an employee indicated in the staffing table. That is, the boss is physically obliged to create a place for a disabled person.
The administrative responsibility of an enterprise does not mean that employers must independently look for disabled people and fill the quota. Persons with disabilities are dealt with by the Employment Center, to which organizations report.
Position
Federal Law No. 181 establishes the obligation of organizations to allocate places for people with disabilities. If questions arise, you should refer to Moscow City Law No. 90, according to which bosses are required to create places for employment of citizens with disabilities.
In the regions
To better understand the job quotas for people with disabilities in 2019 in the regions, it is necessary to take into account the laws of the subject.
The percentage may vary from city to city:
Features of quotas for people with disabilities
The legislation establishes specifics that enterprises are required to follow when determining places for people with disabilities.
For example, only some organizations are required to create quotas:
- if the number exceeds 100 people (citizens are officially employed). If the company employs from 35 to 100 people, then the quota will be minimal. Small companies should not create separate places;
- if the organization operates in one of the forms of ownership, there is no need to create places. For example, state enterprises accept disabled people on an equal basis with other applicants;
- if the company’s activities are aimed at supporting people with disabilities, there is no separate quota;
- There is no requirement to create accommodations for businesses where workers operate in difficult or dangerous conditions.
The local government is given the right to set the size of the quota in the region. Rates vary significantly from subject to subject. If a disabled person wants to enter the Ministry of Internal Affairs or relevant structures, they submit an application on a general basis.
Procedure
Before determining the quota in the region, you need to wait for up-to-date data from the state. Once the information is received, quota obligations can be met in 4 ways:
- the employer published an advertisement for hiring an employee under a quota and received an application from a disabled person;
- a disabled person came to the Employment Center to get a workplace;
- the company sent a notification to the city Employment Center, which is looking for a suitable professional;
- an enterprise and a disabled person participate in a job fair, the person is interviewed and gets a job.
Regardless of the chosen employment option, further registration of a disabled person follows a standard algorithm.
How to write an order and its sample
Regardless of the form you choose, you must provide the following information:
- full name of the organization, document details, registration date;
- the name of the order, on the basis of which laws the employer makes a decision to hire a disabled person;
- the body of the order must contain instructions on preparing the place and appropriate working conditions for the new employee;
- at the end of the document, complete information about the director or person who issues the order is entered;
- The date and signature are added last.
Sample filling:
Responsibilities of a personnel officer
The personnel officer is obliged to employ a citizen according to the standard procedure:
- a disabled person undergoing an interview;
- For registration, documents are received by the HR department, the accuracy and availability of qualifications are checked;
- a person loses his unemployed status at the Employment Center;
- a citizen receives a report from a personnel officer about his acceptance of a job.
An employer has the right to hire a person with disabilities without a quota. In some constituent entities of the Russian Federation, there is an increased percentage of vacancies for citizens who work in the public service.
The registration procedure repeats the standard one. The only exception is the creation of comfortable working conditions for a disabled person and the registration of additional benefits.
Documentation
Despite standard procedure registration for work, labor Relations with disabled people are somewhat different from the generally accepted ones.
For example, an employment contract signed with a group 3 disabled person must contain the following conditions:
- the employee must not be involved in dangerous or harmful conditions, or in work that is impossible to perform for health reasons;
- a disabled person should not go on business trips;
- people with disabilities work less than others. Remuneration and calculations take place taking into account reduced hours;
- It is prohibited to call disabled people to work on holidays and weekends;
- quantity is indicated sick days per year, which are paid by the employer;
- standard leave is 30 days, also additional days recreation.
If an enterprise falls under the quota law, the following documents are required:
- quota regulations, which must stipulate:
- the size of the quotas and for which groups it is suitable;
- the process of implementing measures to accept people with disabilities;
- employee assigned responsibilities.
- order for registration of a workplace, which includes:
- the position to which a disabled person is applying;
- the process of changing conditions for the implementation of duties at the enterprise;
- citizen responsible for enforcement.
Report
Job quotas are checked by executive authorities, so employers must submit a report. If a public organization helps people with disabilities and its authorized capital consists of the association’s contribution, then no additional documents are required.
Employment service authorities receive monthly reports from organizations on created or re-registered places for people with disabilities. The employment center checks local documents, the number of places and information about new positions. Monthly reports are compared with current data.
Regional legislation may determine reporting deadlines. If the director of an enterprise is not sure about the process of submitting documents in his subject, it is necessary to check the legal act in the field of labor and employment.
Completed sample:
Employer's liability for violations
If an employer refuses to employ disabled people without legal grounds or does not create places for citizens with disabilities, he will be fined an administrative fine in the amount of 5 to 10 thousand rubles.
However, the entrepreneur will not get away with paying a fine: the legislation stipulates additional liability for failure to provide places for people with disabilities, which is regulated by regional authorities. The second fine ranges from several thousand to 20 thousand rubles.
Article 5.42 of the Code of Administrative Offenses establishes that persons who refuse to hire a disabled person are subject to administrative liability.
That is, the personnel officer is also held accountable for failure to fulfill duties. However, there is no separate article for the fact that an entrepreneur does not submit reports on time.
The employer is obliged to provide quota places on time. He has no right to refuse work to disabled people for reasons not related to their qualifications, knowledge or skills. The duty is considered fulfilled when there are no applicants or there are enough disabled people working at the enterprise.
At this stage of the country's development, citizens with disabilities can find well-paid jobs tailored to their unique needs.
Most enterprises are required to provide a small number of places for disabled people, assessing them based on qualifications and skills. Some organizations offer remote work related to processing and receiving information via the Internet.
The employer is obliged to provide jobs for citizens who are in particular need of social protection and have difficulty finding work. This category includes young people and people with disabilities. In the article, we will look at which employers are required to place quotas on jobs for people with disabilities, what responsibilities the employer must fulfill, the size of the quota in Moscow, and much more.
Who is obliged to place quotas on jobs?
The quota for hiring disabled people is established by the legislation of the constituent entity of the Russian Federation for each organization, institution, enterprise within the limits established by Federal Law.
If the number of employees exceeds 100 people, the quota size is 2% -4% of average number workers. If the employer’s personnel ranges from 35 to 100 people, then the quota is no more than 3% (Article 21 of Federal Law No. 181-FZ dated November 24, 1995 (as amended on December 29, 2017).
When calculating the quota, those employees whose working conditions, according to the results of workplace certification, are classified as harmful and/or dangerous, are not included in the average headcount. Moreover, when calculating the quota, branches and representative offices of the company located in other areas are not taken into account.
The following are exempt from job quotas for disabled people:
public associations of disabled people
organizations created by public associations of disabled people
business partnerships and societies, the authorized capital of which consists of the contribution of a public association of disabled people
What are the responsibilities of an employer in ensuring the employment of people with disabilities?
In accordance with Art. 24 of Federal Law No. 181-FZ of November 24, 1995, the employer must:
create jobs for employing people with disabilities and apply local regulations that contain information about these jobs
create the necessary conditions labor according to an individual rehabilitation or habilitation program for a disabled person
provide information to the employment service
What is the quota in Moscow
The procedure for establishing a quota for disabled people is determined by Art. 3 of the Moscow Law of December 22, 2004 No. 90 “On job quotas”.
If the number of employees exceeds 100 people, the quota for disabled people is 2% of the average number of employees. The calculation is made by the employer independently, based on the average number of employees employed in the city of Moscow.
The average number of employees in the current month is calculated in the manner established by the federal authority executive power, authorized in the field of statistics. When calculating the number of workers employed under the quota, their number is rounded down to the whole value.
Quota calculation example
The average number of employees of the company (Moscow) is 325 people. Quota size for disabled people: 325 x 0.02 = 6.5 This means that the quota for the company is 6 people.
Fulfillment of the quota is the employment of a disabled person who has recommendations for work. Confirmation – conclusion of an agreement, the validity of which in the current month was at least 15 days.
Step-by-step instructions on how to organize work with quotas
Local regulatory act on quotas (sample)
1. General Provisions
|
1.1 These Regulations have been developed in accordance with the Federal Law of November 24, 1995 No. 181-FZ “On social protection of disabled people in the Russian Federation, ___________________________ (law of a subject of the Russian Federation) 1.2 Quotas for jobs in ________________________________________ are carried out in order to (name of company) strengthening social protection and promoting employment of people with disabilities. 1.3 The quota for hiring disabled people for _____________________________ is 2% (name of company) from the average number of school employees. 1.4 Quota - the minimum number of jobs for disabled people who have difficulty finding work (as a percentage of the average number of school employees), whom the employer is obliged to employ in a given organization, including the number of jobs in which disabled people already work. 1.5 Disabled people for whom job quotas are applied include citizens of the Russian Federation, Foreign citizens and stateless persons permanently residing in the territory of the __________ region, recognized in the prescribed manner as disabled, who have recommendations for work in accordance with the individual rehabilitation program for a disabled person. 1.6 The average number of employees _______________________ includes those in (name of company) employees, with the exception of external part-time workers and persons performing work or providing services under civil contracts. 1.7 The employer creates the necessary working conditions in accordance with the individual rehabilitation program for a disabled person. 1.8 The number and list of jobs for employing disabled people, allocated as part of the quota, are approved by order for the school as they are created. |
2. Conditions and procedure for job quotas
|
2.1 The following officials are responsible for the proper execution of these Regulations: 2.1.1 The person responsible for labor safety is responsible for ensuring proper working conditions in workplaces created for disabled people. 2.1.2 The manager’s secretary is responsible for working with the employment center. 2.2 To the manager’s secretary: 1. within a month, and then monthly, send to the employment center information about reserved vacant jobs for the employment of disabled people against the quota. 2. keep records of disabled people employed within the established quota. 3. monthly, no later than the 10th day of each month, provide information to the employment center on fulfillment of the established quota:
4. send information to the employment center about hiring disabled people for quota jobs within three days after the conclusion employment contract with a disabled person. 2.3 The school accountant (accountant) monthly, no later than the 10th day of each month, prepares a calculation of the quota for the employment of disabled people based on data on the average number of school employees for the previous month and, if necessary, submits to the school director proposals for adjusting the number of jobs created (allocated) for disabled people . |
3. Employment of disabled people against the quota
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3.1 For jobs created under the established quota, the employer employs a disabled person, regardless of the category of disease and disability group if he has individual program rehabilitation and recommendations for work. 3.2 The employer carries out employment of disabled people against the established quota both through referrals from employment centers (a referral in the established form marked “against the quota”), and independently. 3.3 The employer has the right to request and receive from employment centers and other organizations information necessary when implementing measures for quotas of jobs for hiring people with disabilities. In order to exercise this right, the responsible specialist of the school sends appropriate requests to employment centers in the city of _______ and other organizations. 3.4 The quota is considered fulfilled if disabled people are employed in all the jobs allocated (reserved) or created against the established quota in accordance with labor legislation or jobs are saved for working disabled people. 3.5 For failure to provide or untimely provision of information, refusal to hire a disabled person within the established quota, school officials bear administrative responsibility in accordance with the current legislation of the Russian Federation. |
What kind of reporting on job quotas?
The employer is obliged to provide the employment service authorities with:
data on the jobs he created to employ people with disabilities according to the established quota
information on local regulations on quotas
quota fulfillment information
The forms and deadlines for submitting reports are established by regional legislation on quotas or a legal act of the executive body adopted on its basis. state power subject of the Russian Federation in the field of labor and employment.
Information on the fulfillment of the established quota is provided to the employment center quarterly.
Employer's liability
The administrative responsibility of the employer for non-compliance with established quota standards is established not only at the federal, but also at the regional level.
|
Violation |
Base |
Amount of fine |
To whom does it apply? |
|---|---|---|---|
|
Failure to fulfill the obligation to create jobs for employing disabled people according to the established quota |
Art. 5.42 Code of Administrative Offenses of the Russian Federation |
5,000 – 10,000 rub. |
Executive |
|
Refusal to hire a disabled person within the established quota |
Art. 5.42 Code of Administrative Offenses of the Russian Federation |
5,000 – 10,000 rub. |
Executive |
|
Failure to submit (both complete and partial; distortion of data) or untimely submission of necessary information to the employment service |
Art. 19.7 Code of Administrative Offenses of the Russian Federation |
300 – 500 rub. |
Executive |
|
3,000 – 5,000 rub. |
Entity |
According to Art. 2.2 of the Moscow City Code on administrative offenses(approved by the Law of Moscow dated November 21, 2007 No. 45) fine for failure to fulfill the obligation to create quota jobs:
for officials – from 3,000 to 5,000 rubles.
For legal entities– from 30,000 to 50,000 rubles.
The state provides additional guarantees for the category of persons with disabilities. In particular, special jobs have been created for people with disabilities. In this regard, employers received new responsibilities. The responsibility of managers for non-compliance with established rules has been strengthened. Let us consider further how a quota-based workplace is provided and what it is.
Normative base
A new employment program for people with disabilities was launched with the adoption of Federal Law No. 11. This regulatory act introduced a number of changes to other legal documents in force in this area. In particular, the following adjustments were made:
- Federal Law No. 181, regulating the social protection of persons with disabilities;
- Code of Administrative Offences;
- Federal Law No. 1032-1, regulating employment in the Russian Federation.
The general focus of the changes introduced is assistance in the employment of people with disabilities. In addition, the goal was set to strengthen the responsibility of employers for violations of regulations.
Quota - what is it?
An explanation of the term can be found in official industry regulations. Quota jobs for people with disabilities represent a minimum number of positions for people who are in particular need of social protection and have difficulties with professional employment. It is set as a percentage of the average number of employees of enterprises, institutions or organizations. Thus, the manager must enroll a certain number of citizens with disabilities on the staff. By establishing such a procedure, the state solves the problems of employment of disabled people.
Local documents
In the past, heads of enterprises and institutions had to allocate or create quota jobs for people with disabilities. With the adoption of the law, employers have a new obligation. Currently they must approve special local regulations. Such acts must contain information about quota-based jobs.
Composition of information for authorized services
Previously, managers had to send data to employment authorities every month about the availability of vacant positions at the enterprise and how the quota for the employment of people with disabilities is being fulfilled. Currently, this responsibility has been significantly expanded. Managers are now providing information:
Increased responsibility
Significant changes have been made to Art. 5.42 Code of Administrative Offences. This article provides for liability for violation of the rights of persons with disabilities in the field of employment. Previously, sanctions could be applied to a manager solely for refusing to hire disabled people within the quota. Along with this responsibility, another appeared. Now punishment is also provided for failure to fulfill the obligation to allocate or create positions for people with disabilities in accordance with the established quota. In addition, the size of the fine has been significantly increased, not only for employers, but also for the employment service.
Features of approval of acts
In accordance with Art. 8 of the Labor Code, employers, except individuals who are not individual entrepreneurs, approve internal documents that contain provisions labor law. The key rules for their adoption should be recalled:
- Approval of a local act is carried out within the competence of the manager in accordance with the Labor Code and other industry legal documents, collective agreements;
- In cases provided for in the code, federal and other laws, contracts, the opinion of the elected body of employees (if any) is taken into account when making decisions;
- Norms of internal documents that worsen the position of employees in comparison with those defined in the Labor Code and other industry acts, as well as those approved without an established procedure for taking into account the opinions of the trade union, are not subject to application.
It must be said that the legislation does not provide a clear list of acts that must be mandatory at every enterprise. There are also no standard forms of internal documents. Their content and composition are determined by each manager individually.
Document classification
Traditionally, there are three groups of acts:
- Expressly provided for by law. In such cases, requirements are established for timing, scope, limits of action, content, development rules, and others;
- Provided for in other legal acts that define the issues of the procedure for their approval and essence;
- Not named in the documents, however, actively used in practice.
Approval of standards taking into account innovations
Not all managers clearly understand how exactly to apply established changes whether it is necessary to develop new local documents or whether adjustments to already adopted acts are allowed. The traditional list, as a rule, includes labor regulations at the enterprise and staffing table. Moreover, the former may contain features of regulation of activities in a particular company, detailed sections on salaries, certification, regime, labor protection rules, and others. Some managers prefer to adopt a separate document for each such issue. Amendments to the law on social protection of persons with disabilities oblige employers to approve acts that contain data on the relevant vacant positions. At the same time, the Federal Law does not contain any rules or procedures for their adoption. In this regard, such issues can be resolved by managers independently. So, for example, an employer can introduce new provisions to those in force at the enterprise. He may also develop separate documents, for example, the Regulations on quota-based jobs.
Important point
In accordance with the Presidential Decree of 05/07/2012, the state had to ensure the formation of up to 14.2 thousand. quota places annually from 2013 to 2015. The costs incurred by the manager may be reimbursed by the employment service during projects to reduce tensions in the market. In 2011, payments to employers from the federal fund for equipment necessary equipment a workplace for a specific citizen was 50 thousand rubles.
Changes in procedure
Quota jobs are created as part of local rule-making. In internal documents, the head of the enterprise must provide for the key stages of the procedure. The first stage is the conclusion of an agreement. The agreement is signed between local authorities and enterprises. In addition to general information, the contract must contain the following information:
- Job title.
- The category of persons for whom quota jobs have been created.
- Recommendations medical and social examination and sanitary and hygienic requirements for modes and conditions of activity.
- Sources of financing.
- Liability of the party that has not fulfilled the contractual terms.
Order on quota jobs
This document must reflect the following information:
- Number of reserved seats.
- Listing of professions, positions, specialties according to the staffing table.
It is necessary to take into account that according to Art. 20 of the Law on Social Protection of Persons with Disabilities, employers must make reservations in a special manner. In particular, quota jobs should be created in accordance with professions that are most suitable for attracting socially vulnerable citizens to them. The basis will be the List approved by Resolution No. 150 of 09/08/1993. Due to the fact that the quota is set every year, the order must be approved each time after the conclusion of the next contract.
Event plan
Special jobs are jobs that require additional measures on labor organization. These include, among other things, the adaptation of auxiliary and main equipment, organizational and technical equipment, and the provision of necessary devices. In this case, the individual capabilities of individuals are taken into account. Therefore, a plan for such activities should be developed and approved. Employment of disabled people of group 1 may require the installation of ramps and widening of openings. Often there is a need to re-equip toilets and provide additional entrances to the parking lot. Otherwise, all procedures are carried out as normal employment. For disabled people of group 3 (first or second), as well as for other citizens, safe conditions must be created in any case. The plan needs to describe in detail all the activities, indicate the deadline for their implementation and the responsible persons. The document must also contain information about the source of funding.
Deadlines for submitting information
It is carried out according to a form developed by the territorial employment service. She also sets the deadlines within which this must be done. For example, in St. Petersburg, information must be provided no later than the 15th day of the month following the reporting month. The form in which information is submitted is approved by the Employment and Labor Committee. In Rostov-on-Don, information is provided before the 5th day of the month following the reporting month. Business managers in Moscow send data every quarter, not monthly.
Conclusions on legislation
Having studied regulatory framework, we can say the following:
- The head of an enterprise with more than 30 employees must provide quota jobs in the amount of 4% of the average number of employees. Rounding should be done down to the nearest whole number.
- With a staff of more than 100 employees, quota jobs can also be created for minors. However, there is a limitation here. Minor employees should not occupy more than 1% of total number quota places.
"Tolls"
Those managers who do not fulfill the quota pay a fee to the city budget for each unemployed disabled person by the 15th of each month. Its value in Moscow is the subsistence level. You can avoid paying such a “fee”. In general, the legislation does not establish liability for refusal to make budget contributions. According to Art. 5.42 of the Code of Administrative Offences, a fine may be imposed on those who refuse employment to a citizen with disabilities. However, arrears in payments can be collected by force. Among other things, a manager who does not provide the necessary information within the established time frame faces liability under Art. 19.7 Code of Administrative Offences.
General procedure
Within a month after state registration with the tax service, the enterprise is registered with the Quota Center. This is not required for those who are included in the Employment Fund register. It should be noted that the absence of registration with one of these bodies does not exempt the manager from the requirements of the law. That is, he must provide employment for disabled people of group 2, as well as the first or third.
Enrollment of relatives
Some small companies employ their loved ones who are disabled. At the same time, such relatives, in general, do not have to visit the enterprise. They set a certain payment, usually the minimum wage. This way, legal requirements are observed, and management, in turn, avoids having to pay a “fee” for unfulfilled quotas. As a rule, this is practiced in those regions where the payment for a disabled citizen who is not accepted into the state is no more than 1 minimum wage.
Tricks of big companies
To avoid the need to pay for unemployed disabled people, enterprises agree with specialized organizations, societies and register the required number of people. They are also paid the minimum wage. Accordingly, they also do not need to visit the enterprise.
Controversial issues
According to sub. 1, paragraph 2, Article 24 of the Law on Social Protection of Persons with Disabilities, the employer’s responsibilities include the creation or allocation of jobs that meet the quota. However, an enterprise should not independently search for citizens in need. In this regard, it is quite likely that the manager is ready to hire disabled people, but applications for employment are neither from them nor from executive bodies, neither from public organizations was not received within the specified period. IN in this case the employer is not to blame for the fact that his company did not comply with the requirements of the law. However, the quota will not be met. Accordingly, there are grounds for mandatory payments to the budget. It follows from this that the assignment of the “duty” will not depend on the reasons why citizens with disabilities are not employed in quota places. At the same time, the employer cannot refuse a person who has applied to him under the pretext that instead of enrolling him on the staff, a set amount will be paid to the budget. In this case, the manager will be held accountable under Art. 5.42 Code of Administrative Offences.
Accounting for payments for non-fulfillment of requirements for taxation
The Tax Code does not regulate this issue and does not contain any instructions in this regard. However, there are clarifications from the Department of the Ministry of Duties and Taxes in Moscow in response to a request from one of the entrepreneurs. According to the body, the payment for each unemployed disabled citizen acts as a sanction that is imposed on the company for its failure to comply with the conditions for quotas of jobs for people, especially those in need of social protection. In this regard, these expenses are not taken into account when calculating the tax base under clause 2 of Art. 270 NK.
Postings
The LLC employed 4 disabled people of group 2. My professional activity they perform at home. In this regard, the company does not need to re-equip workplaces for them. The salary of each of them is 600 rubles. Tax deduction will amount to Art. 218 NK 500 rub. According to Art. 239 UST is not paid. Deductions to the Pension Fund are carried out at a rate of 14%, the rate is insurance premium- 0.2%. In accounting, the accountant makes the following entries:
db 20 cd 70 2400 rub. - salaries of employees were accrued;
Db 20 Kd 69 subs. "Settlement with the Pension Fund" 336 rub. - contributions to the Pension Fund;
Db 20 Kd 69 subs. "Calculation of insurance premiums" 2.88 rub. - insurance premiums have been calculated.
The amount of expenses taken into account when taxing profits is 2738.88 rubles.
Contributions for compulsory social insurance are paid according to the tariffs and in the manner established in Federal Law No. 17. For disabled employees 1-3 gr. accrual is carried out at a rate of 60%.
Conclusion
From January to December 2011, 11 thousand contracts were concluded with enterprises under the employment program for disabled people. As a result, 10,730 people with disabilities were enrolled in the state. For them, accordingly, workplaces were refurbished and equipped with the necessary technical means. In general, as statistics show, most enterprises comply with the established requirements of the law.
LAW
CITIES OF MOSCOW
ABOUT JOB QUOTATIONS
(as amended by the laws of Moscow dated April 8, 2009 No. 4
dated April 30, 2014 No. 20)
This Law establishes the legal, economic and organizational basis for quotas of jobs in the city of Moscow for hiring people with disabilities and youth, creating and maintaining (modernizing) special jobs for people with disabilities, creating jobs for youth, as well as ensuring unhindered access for people with disabilities to jobs and infrastructure of organizations.
(preamble as amended by the Law of Moscow dated 04/08/2009 N 4)
Article 1. Legal basis for job quotas in the city of Moscow
Quotas for jobs in the city of Moscow are carried out on the basis of the Constitution of the Russian Federation, federal laws and other regulatory legal acts of the Russian Federation, the Charter of the City of Moscow, this Law and other legal acts of the city of Moscow.
Article 2. Conditions for quotas for jobs
1. Quotas for jobs are carried out for persons with disabilities recognized as such federal institutions medical and social examination, in the manner and under the conditions established by the Government of the Russian Federation, and youth of the following categories: minors aged 14 to 18 years; persons from among orphans and children left without parental care, under the age of 23; graduates of primary and secondary institutions vocational education aged from 18 to 24 years, higher professional education aged from 21 to 26 years, job seekers first.
(Part one as amended by the Law of Moscow dated 04/08/2009 N 4)
2. Employers, regardless of the organizational and legal forms and forms of ownership of organizations, with the exception of public associations of disabled people and organizations formed by them, including business partnerships and societies, the authorized (share) capital of which consists of the contribution of a public association of disabled people, organize quota-based jobs at their own expense.
3. The fulfillment of the hiring quota (hereinafter referred to as the quota) is considered to be:
1) in relation to disabled people - employment by the employer of disabled people who have recommendations for work, confirmed by the conclusion of an employment contract, the validity of which in the current month was at least 15 days;
2) in relation to the categories of youth specified in part 1 of this article - employment by the employer of youth, confirmed by the conclusion of an employment contract, the validity of which in the current month was at least 15 days, or monthly payment to the budget of the city of Moscow of the compensatory cost of a quota-based workplace in the amount of subsistence the minimum for the working population, determined in the city of Moscow on the day of its payment in the manner established by the regulatory legal acts of the city of Moscow.
Article 3. Procedure for establishing a quota
1. Employers operating in the city of Moscow, whose average number of employees is more than 100 people, are set a quota of 4 percent of the average number of employees: 2 percent - for the employment of disabled people and 2 percent - for the employment of categories of youth specified in part 1 Article 2 of this Law.
(as amended by the Law of Moscow dated 04/08/2009 N 4)
2. The employer independently calculates the size of the quota based on the average number of employees employed in the city of Moscow. The average number of employees in the current month is calculated in the manner determined by the federal executive body authorized in the field of statistics. When calculating the number of workers employed under the quota, their number is rounded down to the whole value.
3. If the number of disabled people hired for quota jobs is more than 2 percent of the average number of workers, the number of quota jobs for the categories of youth specified in Part 1 of Article 2 of this Law is reduced by the corresponding amount.
(Part three as amended by the Law of Moscow dated 04/08/2009 N 4)
Article 4. Implementation of the rights and obligations of employers
1. Employers have the right to request and receive, in the manner established by the Moscow Government, information necessary when creating quota jobs.
(as amended by the laws of Moscow dated 04/08/2009 No. 4, dated 04/30/2014 No. 20)
2. Employers, in accordance with the established quota, are obliged to create or allocate jobs for the employment of disabled people and categories of youth specified in Part 1 of Article 2 of this Law. Jobs are considered created (allocated) if citizens of the specified categories are employed in them.
3. Employment of citizens against the established quota is carried out by employers independently, taking into account proposals from executive authorities of the city of Moscow authorized by the Moscow Government, as well as public organizations of disabled people.
(as amended by the laws of Moscow dated 04/08/2009 No. 4, dated 04/30/2014 No. 20)
4. Employers that meet the requirements of Part 1 of Article 3 of this Law are required to submit quarterly information on the fulfillment of the quota in the manner established by the Moscow Government.
Article 5. Administrative liability for failure to comply with this Law
(as amended by the Law of Moscow dated 04/08/2009 N 4)
Failure by the employer to fulfill the obligation established by this Law to create or allocate quota-based jobs entails administrative liability in accordance with the Moscow City Code on Administrative Offenses.
Article 6. Economic support for employers
(as amended by the Law of Moscow dated 04/08/2009 N 4)
Employers carrying out measures to create and maintain (modernize) quota jobs, as well as to ensure unimpeded access for people with disabilities to workplaces and the infrastructure of organizations, are provided with the following economic support measures:
1) provision of funds from the budget of the city of Moscow for the implementation of measures to create, preserve (modernize) jobs for people with disabilities, create jobs for youth, ensure unhindered access of people with disabilities to jobs and the infrastructure of organizations in the manner established by the Moscow Government;
2) placement of government orders in the manner established federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the city of Moscow;
3) provision tax benefits in accordance with federal laws and laws of the city of Moscow.
(as amended by the Law of Moscow dated April 30, 2014 N 20)
Article 7. Final provisions
1. This Law comes into force 10 days after its official publication.
2. This Law applies to legal relations that arose from January 1, 2005.
3. The Mayor of Moscow and the Moscow Government should bring their regulatory legal acts in accordance with this Law within two months from the date of its entry into force.
4. Declare invalid. Law of the city of Moscow of November 12, 1997 N 47 "On quotas for jobs in the city of Moscow", . Moscow City Law No. 5 of January 30, 2002 “On Amendments to Article 9 of Moscow City Law No. 47 of November 12, 1997 “On Job Quotas in the City of Moscow”, Moscow City Law No. 32 of June 26, 2002 “On introducing amendments and additions to the Moscow City Law of November 12, 1997 N 47 “On quotas for jobs in the city of Moscow”.
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