Educational institutions, together with social protection authorities and health authorities, provide secondary vocational and higher vocational education in accordance with individual program rehabilitation of a disabled person. The state guarantees the necessary conditions for people with disabilities to receive education and professional training. The state ensures that people with disabilities receive basic general, secondary (complete) general education, primary vocational, secondary vocational and higher vocational education in accordance with the individual rehabilitation program for a disabled person. Vocational education of disabled people is carried out in educational institutions of various types and levels.
Topic 4.1 employment and vocational training of people with disabilities
Mode of activity and rest The legislation establishes a number of requirements for managers of enterprises hiring people with disabilities:
- The duration of the shift for citizens of groups 1 and 2 should not be more than 35 hours per week.
- The duration of daily activities is set in accordance with medical report competent medical institution.
- Disabled people may be involved in work on weekends, overtime or at night only with their written consent and provided that it is permitted due to their health status.
- Citizens with disabilities Those operating at enterprises are entitled to leave without pay. Its duration is up to 60 calendar days in year.
Course work
This Procedure establishes the rules and conditions for the organization by state government institutions of the Amur Region - employment centers (hereinafter - employment centers) of training unemployed disabled people recognized as unemployed in the prescribed manner (hereinafter - citizens) in new professions. 1.2. Training of citizens in new professions is provided by sending them to employment centers to undergo vocational training or obtaining additional professional education (hereinafter referred to as training) in new professions (specialties) that are in demand in the labor market.
Vocational training can also be carried out for jobs provided by employers. 1.3.
Order of the Ministry of Labor of Russia dated November 2, 2015 N 831 approved a list of the 50 most in demand in the labor market, new and promising professions that require secondary vocational education. Vocational training and additional vocational education for unemployed citizens who, in accordance with the law, Russian Federation have been assigned an old-age insurance pension and who are seeking to resume work, are carried out in the direction of the employment service authorities for professions (specialties) in demand on the labor market, subject to the application of citizens of this category to the employment service authorities at their place of residence and their presentation of a passport, work book or documents, their replacements, and a document confirming the appointment of an old-age insurance pension.
(paragraph introduced by Federal Law dated July 2, 2013 N 162-FZ, as amended.
Employment of disabled people and their vocational training
Education of citizens can be group or individual, according to the form of organization - integrated, distance, in the form of specialized groups. 1.8. Education of citizens is provided free of charge. 1.9. Training of citizens in cases where it is impossible to organize training at their place of residence is organized in another area, including outside the Amur region.
Sending citizens to undergo training in another area is carried out only with their consent. 1.10. When citizens are sent to study in another area, they are provided with financial support, including: 1) payment of the cost of travel to the place of study and back; 2) daily expenses for the journey to the place of study and back; 3) payment for rent of living quarters during training.
Employment of disabled people – general provisions Meanwhile, according to the legislation of the Russian Federation in 2018, the employment of disabled people is not a right, but an obligation of employers. According to labor legislation, it is impossible to refuse an employee this due to his disability.
Attention
The only possible reason for refusal can only be an insufficient level professional knowledge or lack thereof. Thus, if a disabled applicant has the necessary education and professional competencies that meet the requirements of a manager for a vacant position, then the enterprise is obliged to hire a disabled citizen.
At the same time, today every employer is obliged to calculate the quota for hiring disabled people.
Completion of vocational training and receipt of additional professional education by unemployed citizens, women during the period of maternity leave until the child reaches the age of three years, unemployed citizens who, in accordance with the legislation of the Russian Federation, have been assigned an old-age insurance pension and who seek to resume working activities, are carried out in organizations implementing educational activities, in accordance with the contracts concluded by the employment service authorities. (as amended by Federal Laws dated July 2, 2013 N 162-FZ, dated July 21, 2014 N 216-FZ) (see.
The procedure for employing or undergoing vocational training for disabled people
To implement this, the production manager needs to create and equip appropriate locations. Peculiarities of the process Employment of a disabled person is carried out after he submits an appropriate application to the employment center at his place of residence.
For each region, district are accepted regulations, in which planned figures are established. Employment of a disabled person is carried out with the direct participation of a representative of the company’s personnel department. He and the applicant himself are invited to the Central Hall. A conversation is held in the presence of a service employee. During this process, a representative of the employer presents a contract to the candidate for the position.
It specifies the conditions under which the employment of a disabled person will be carried out. The provisions of the contract determine the schedule, salary, and the period for which the citizen is enrolled in the staff.
The document is signed in the presence of a representative of the Central Bank.
A citizen is sent to learn a new profession if: 1) he does not have qualifications; 2) it is impossible to find a suitable job due to the lack of necessary qualifications; 3) the ability to perform work according to existing qualifications has been lost. 2.2. To be referred for training, a citizen submits to the employment center: 1) an application for referral to training in the form in accordance with Appendix No. 1 to this Procedure; 2) identity document; 3) an individual program for rehabilitation and habilitation of a disabled person. Specialist of the employment center, in job responsibilities which includes accepting applications, takes copies of the documents submitted by the citizen, certifies the authenticity of these copies, attaches them to the application and returns the originals of these documents to the applicant.
Info
24-hour legal advice by phone GET FREE LEGAL CONSULTATION BY PHONE: MOSCOW AND MOSCOW REGION: ST. PETERSBURG AND LENIGRAD REGION: REGIONS, FEDERAL NUMBER: Employment of disabled people in the Russian Federation in 2018 - benefits when hiring a disabled person Issues of providing work for people with disabilities remain relevant today. Despite the automation of labor and the existence of numerous professions and jobs in which people with disabilities could work, enterprises and companies are reluctant to accept people with disabilities.
This is largely due to the availability of labor benefits for people with disabilities; getting a disabled person to work is considered problematic.
In the case of a referral to training for a workplace provided by an employer, a tripartite agreement is concluded between the employment center, the citizen and the employer providing the workplace, the form of which is approved by order of the regional employment department. 2.7. Based on the concluded agreement, the citizen is issued a referral for training in the form in accordance with Appendix No. 5 to this Procedure.
2.8. If a citizen does not conclude a training agreement before the start of training, he has the right to re-apply to the employment center with the application and documents specified in paragraph 2.2 of this Procedure. Appendix No. 1.
Course work
In the discipline "Law" social security"
On the topic
"Employment and vocational training of disabled people"
Introduction
Providing employment for people with disabilities. Vocational training for people with disabilities
Job quotas for disabled people
Special workplaces for employing disabled people
Working conditions for disabled people
Problems of employment and vocational training of disabled people in the Russian Federation
Conclusion
Bibliography
Introduction
Article 7 (Part 1) of the Constitution of the Russian Federation proclaims the Russian Federation as a social state, the policy of which is aimed at creating conditions that ensure a decent life and free development of people. In particular, in the Russian Federation, the labor and health of people are protected, a guaranteed minimum wage is established, and state support is provided for the family, motherhood, paternity and childhood, the disabled and elderly citizens (Part 2 of Article 7 of the Constitution of the Russian Federation).
In the Russian Federation, there is an increase in the number of disabled people (1995 - 6.3 million people, 2004 - 11.4 million people). Every year, about 3.5 million people are recognized as disabled, including more than 1 million people for the first time. This is largely due to the high level of morbidity and injury among the population, insufficient quality of medical care and services provided by treatment and preventive institutions and medical and social examination institutions, as well as other reasons. The main share of the total number of disabled people is group II disabled people - 64 percent. Together with disabled people of group I, this figure is about 80 percent. The number of disabled people of working age and disabled children is increasing. Over 120 thousand people became disabled as a result of combat operations and war trauma. Improving the living conditions of people with disabilities as one of the most socially vulnerable categories of the population is among the priority tasks identified in the messages of the President of the Russian Federation to the Federal Assembly of the Russian Federation of May 26, 2004 and April 25, 2005.
November 2005 marked 10 years since the adoption of Federal Law N 181-FZ “On social protection disabled people in the Russian Federation,” the norms of which determined the foundations of state policy regarding disabled people. A period sufficient to sum up certain results, identify trends, and outline the prospects for legal regulation in such a complex issue as employment and vocational training of people with disabilities.
1. Providing employment for people with disabilities. Vocational training for people with disabilities
In accordance with the Law of the Russian Federation of April 19, 1991 N 1032-1 “On Employment of the Population in the Russian Federation”, employment is the activity of citizens related to the satisfaction of personal and public needs, which does not contradict the legislation of the Russian Federation and, as a rule, brings them income , labor income.
The following citizens are considered employed:
those working under an employment contract, including those performing work for remuneration on a full-time or part-time basis, as well as those having other paid work (service), including seasonal and temporary work, with the exception of public works;
registered as individual entrepreneurs;
those employed in auxiliary industries and selling products under contracts;
performing work under civil law contracts, the subjects of which are the performance of work and the provision of services, including under contracts concluded with individual entrepreneurs, copyright agreements, as well as members of production cooperatives (artels);
elected, appointed or confirmed to a paid position;
undergoing military service, alternative civil service, as well as service in internal affairs bodies, the State Fire Service, institutions and bodies of the penal system;
undergoing full-time training in educational institutions, institutions of primary vocational, secondary vocational and higher vocational education and other educational institutions, including training in the direction of the federal state employment service (hereinafter - employment service bodies);
temporarily absent from the workplace due to disability, vacation, retraining, advanced training, suspension of production caused by a strike, conscription for military training, involvement in events related to preparation for military service(alternative civil service), performance of other government duties or other valid reasons;
who are founders (participants) of organizations, with the exception of founders (participants) of public and religious organizations (associations), charitable and other foundations, associations of legal entities (associations and unions), which do not have property rights regarding these organizations.
Disabled people are provided with employment guarantees by the state through the following special events, contributing to increasing their competitiveness in the labor market:
) establishing in organizations, regardless of organizational and legal forms and forms of ownership, quotas for hiring disabled people and a minimum number of special jobs for disabled people. Job quotas are part of the system of methods for social protection of people with disabilities, provided for by the Constitution of the Russian Federation, international law in the field of employment, and current federal legislation. For organizations with more than 100 employees, the legislation of a constituent entity of the Russian Federation establishes a quota for hiring disabled people as a percentage of the average number of employees (but not less than 2 and not more than 4 percent) ;
) reservation of jobs in professions most suitable for employing people with disabilities. List of priority professions of workers and employees, the mastery of which gives disabled people the greatest opportunity to be competitive in the world regional markets labor, approved by Resolution of the Ministry of Labor of the Russian Federation of September 8, 1993 N 150; ) stimulating the creation by enterprises, institutions, and organizations of additional jobs (including special ones) for the employment of people with disabilities. In accordance with Decree of the President of the Russian Federation of March 25, 1993 N 394 “On measures for professional rehabilitation and employment of disabled people,” incentives are carried out by: a) payments to employers from local budgets and other sources of compensation to cover income lost as a result of the use of disabled people at their enterprises, institutions and organizations, the use of other measures to stimulate their activities in professional rehabilitation and employment of disabled people; b) providing full support and assistance to enterprises, institutions and organizations that have assumed, in whole or in part, the functions of professional rehabilitation and employment of people with disabilities; c) carrying out activities to attract extra-budgetary funds to finance activities for professional rehabilitation and employment of people with disabilities; ) creating working conditions for disabled people in accordance with individual rehabilitation programs for disabled people, which contain a set of rehabilitation measures that are optimal for a disabled person, including certain types, forms, volumes, timing and procedures for the implementation of medical, professional and other rehabilitation measures aimed at restoring, compensating for impaired or lost body functions, restoration, compensation of a disabled person’s ability to perform certain types activities; ) creating conditions for entrepreneurial activity of disabled people, including training in entrepreneurial activity. Entrepreneurial activity is an independent activity carried out at one’s own risk, aimed at systematically obtaining profit from the use of property, sale of goods, performance of work or provision of services by persons registered in this capacity in established by law ok. According to the Regulations on the organization of training the unemployed population in the basics of entrepreneurial activity, approved by Order of the Federal Social Protection Fund of the Russian Federation dated April 18, 1996 N 93, the purpose of teaching the basics of entrepreneurial activity is to prepare citizens for this activity, as well as for work in commercial organizations by acquiring the necessary legal, economic , social, other professional knowledge, skills and abilities in the chosen field of entrepreneurship. Training is preceded by career guidance services, including career information, career counseling and career selection. Organization of training in the basics of entrepreneurship is carried out within the framework of existing entrepreneurship support programs developed by executive authorities of the constituent entities of the Russian Federation, bodies local government. The formation of study groups for training is carried out by vocational education institutions, taking into account the educational and professional level of citizens within the timeframe agreed with customers. If it is impossible to organize training at the place of permanent residence of citizens, they can be sent, with their consent, to study in another area. Training ends with certification of citizens who have completed training, carried out by vocational education institutions in the prescribed manner, in the forms provided for by curricula and professional educational programs. Citizens who have successfully completed training in the basics of entrepreneurship are issued certificates of completion by vocational education institutions, depending on the types and duration of training. Teaching the basics of entrepreneurship may include the following main areas of preparing citizens for labor activity in the field of entrepreneurship: organizing your own business, drawing up a business plan, marketing, export, finance, accounting, taxation, legislation, resource management, personnel management, etc.; ) organizing training for disabled people in new professions. Resolution of the Ministry of Labor of the Russian Federation and the Ministry of Education of the Russian Federation of January 13, 2000 N 3/1 “On approval of the Regulations on the organization of vocational training, advanced training and retraining of unemployed citizens and the unemployed population” establishes the right of people with disabilities to undergo vocational training as a priority. Vocational training for people with disabilities is carried out in professions and specialties that are in demand in the labor market, and increases their ability to find paid work (gainful employment). Vocational training can also be carried out in professions, specialties for specific jobs provided by employers. When organizing vocational training, disabled people can be offered, taking into account their education, professional experience and health status, options for choosing a profession, specialty (for which training is possible), which are in demand in the labor market. Vocational training ends with certification, carried out in the prescribed manner by educational institutions and organizations. The form of certification (qualifying exams, tests, defense of essays, final written works, etc.) is determined by professional educational programs. Persons who have completed appropriate training in full and certification after training are issued documents of the established form by educational institutions and organizations. Vocational training for unemployed disabled people includes the following types of training: professional training with the aim of accelerating the acquisition by students of the skills necessary to perform certain work, groups of works; retraining of workers to acquire new professions for work (gainful occupation) in these professions; training workers with professions in second professions to expand their professional profile and obtain opportunities for work (gainful occupation) in combined professions; advanced training of workers in order to update knowledge, abilities and skills, increase professional skills and increase competitiveness in their existing professions, as well as study new technology, technology and other issues related to the profile of professional activity; professional retraining of specialists to obtain additional knowledge, skills and abilities in educational programs that include the study of individual disciplines, sections of science, engineering and technology necessary to perform a new type of professional activity, as well as obtaining new qualifications within the existing field of training (specialty) ;
advanced training of specialists in order to update theoretical and practical knowledge in connection with increasing requirements for the level of qualifications and the need to master new ways of solving professional problems; internship of specialists for the formation and consolidation in practice of theoretical knowledge, skills and abilities, acquisition of professional and organizational qualities to perform professional duties. According to the Decree of the Government of the Russian Federation of December 26, 1995 N 1285 “On the procedure for the participation of elderly citizens and disabled people living in inpatient institutions social services, in medical and labor activity" the main tasks of medical and labor activity of elderly citizens and disabled people living in inpatient social service institutions are occupational therapy and improvement general condition health of citizens, their labor training and retraining in order to master a new profession in accordance with their physical capabilities, medical indications and other circumstances. The involvement of citizens in medical and labor activities is carried out on a voluntary basis, taking into account their state of health, interests, desires and on the basis of the conclusion of a doctor at a hospital institution (for disabled people - in accordance with the recommendations of the medical and labor expert commission). Inpatient institutions organize various types of medical and labor activities, differing in nature and complexity and meeting the capabilities of citizens with different levels of intelligence, physical defects, and residual working capacity. Medical work activities can also be organized in the form of work in auxiliary rural farms inpatient institutions. Therapeutic work activities of citizens in inpatient institutions are carried out by labor instructors and worker training instructors in accordance with schedule plans and individual rehabilitation programs. Specialists and workers may be involved to perform the work necessary to organize medical work activities. The duration of medical and labor activity of citizens should not exceed 4 hours a day. For each citizen participating in medical and labor activity, the doctor of the inpatient institution maintains an individual card of medical and labor activity. The determination of the type and duration of medical work activity is carried out by a doctor at a hospital institution specifically for each citizen, taking into account his desire, about which a corresponding entry is made in the medical history and individual card medical and labor activities. The therapeutic and labor activity of each citizen is carried out under the supervision and control of a doctor at a hospital institution, and the results of its implementation are recorded in an individual medical and labor activity card. The transfer of citizens from one type of medical and labor activity to another, increasing its duration without the permission of the doctor of the inpatient institution supervising the medical and labor activity, as well as without the consent of the citizens themselves, are prohibited. In inpatient institutions, premises and equipment for medical and occupational activities must comply with occupational safety and health requirements, and also be accessible to citizens, taking into account their physical and mental state and age. Citizens participating in medical and labor activities are provided with special clothing, special shoes and other equipment in accordance with current legislation personal protection according to established standards, taking into account the type and nature of activity. Citizens participating in medical and labor activities are paid a remuneration in the amount of 75 percent of the cost of work performed with the remaining 25 percent credited to the accounts of inpatient institutions in which these citizens live, for use in improving material, living, social and medical services for citizens and for other purposes. their needs. The administration of an inpatient institution, in cases established by current legislation, provides assistance in the correct and appropriate expenditure Money, received as a result of medical and labor activities, to those citizens who, due to the characteristics of the disease, cannot spend them rationally. If there are no conditions for organizing medical-labor activities (one of its types) in the inpatient institution itself, such activities can be organized outside it. The relationship of an inpatient institution with other institutions, enterprises and organizations in which medical and labor activities are organized are determined by the agreement concluded between them. The agreement, in particular, provides for the responsibilities of the institution, enterprise and organization in which medical and labor activities are organized to ensure healthy and safe working conditions, accessibility of workplaces for citizens, provision of premises and workplaces that comply with sanitary standards and rules, organization of proper sanitary services. Citizens participating in medical work activities must be previously familiar with its conditions, the procedure for maintaining and cleaning equipment, equipment, tools and the workplace, the design of equipment and equipment and their purpose, rules, norms and instructions for labor protection when performing certain activities. other types of work. A corresponding note must be made on the individual medical work activity card regarding the instruction. It is prohibited to participate in medical and labor activities of citizens who have not undergone occupational safety instructions in accordance with the established procedure. Forcing citizens to engage in medical work is not permitted. Quotas are an additional guarantee of the state for the employment of certain categories of citizens who are especially in need of social protection and have difficulty finding work. Job quotas mean the determination of the minimum number of persons subject to employment at specific enterprise(institution, organization). Quotas are the state’s reaction to negative social phenomena in the sphere of labor relations. We will try to understand further how it is justified and provided with real mechanisms for correcting these phenomena. In accordance with Article 21 of the Federal Law, for organizations with more than 100 employees, the legislation of the constituent entity of the Russian Federation establishes a quota for hiring disabled people as a percentage of the average number of employees (but not less than 2 and not more than 4 percent). Public associations of disabled people and organizations formed by them, including business partnerships and societies, the authorized (share) capital of which consists of the contribution of a public association of disabled people, are exempt from mandatory quotas of jobs for disabled people. Article 21 of the Federal Law establishes a general rule for establishing a quota for hiring people with disabilities, according to which organizations, regardless of organizational and legal forms and forms of ownership, whose number of employees is more than 100 people, are set a quota for hiring people with disabilities as a percentage of the average number of employees employees (but not less than two and not more than four percent). At the same time, job quotas mean the reservation of jobs in organizations of all forms of ownership for the employment of people with disabilities. Quota - the minimum number of jobs for people with disabilities. Only public associations of disabled people and their owned enterprises, institutions, organizations, business partnerships and societies, the authorized capital of which consists of the contribution of a public association of disabled people, are exempt from mandatory quotas for jobs. The procedure for establishing a quota for people with disabilities is also contained in the legislation of the constituent entities of the Russian Federation. Thus, according to the Law of the Voronezh Region of May 3, 2005 N 22-OZ “On quotas for jobs for people with disabilities,” the quota is set at 3% of the average number of employees. Law of the Saratov region dated February 28, 2005 N 20-ZSO “On establishing a quota for hiring disabled people” provides for establishing a quota for hiring disabled people - two percent of the average number of employees for all organizations located in the region, the number of employees in of which there are more than 100 people (excluding the number of people working part-time). The Law of the Samara Region of December 26, 2003 N 125-GD “On quotas for jobs for people with disabilities in the Samara Region” stipulates that the quota is set at two percent of the average number of employees. The calculation of the number of jobs against the established quota is made by the employer independently. The number of jobs against the established quota is calculated by the employer on a monthly basis, based on the average number of employees for the previous month. The average number of employees is calculated in the manner determined by the authorized federal executive body in the field of statistics. When calculating the number of jobs against the established quota, the fractional number is rounded upward to the whole value. Within the established quota, a minimum number of special jobs for employing people with disabilities is established for each employer. In accordance with the Law of the Penza Region of June 3, 2003 N 483-ZPO “On quotas for jobs for people with disabilities in the Penza Region”, the quota for hiring people with disabilities is set at 4 percent of the average number of employees. Moscow Law No. 90 of December 22, 2004 “On quotas for jobs” establishes: quotas for jobs are carried out for people with disabilities recognized as such by federal institutions of medical and social examination, in the manner and under the conditions established by the Government of the Russian Federation, minors aged from 14 to 18 years old, persons from among orphans and children left without parental care, under the age of 23, citizens aged from 18 to 20 years from among graduates of primary and secondary vocational education institutions, looking for work for the first time. 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. 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. Law of the Astrakhan region dated December 27, 2004 N 70/2004-OZ “On establishing quotas for organizations to hire disabled people” stipulates that a quota for hiring disabled people in the amount of 3 percent of the average number of employees is established in organizations whose number whose employees number more than 100 people. In case of failure or impossibility of fulfilling the establishment of a quota for hiring disabled people, employers pay a monthly obligatory payment to the budgets of the constituent entities of the Russian Federation for each unemployed disabled person within the established quota. The amount and procedure for employers to pay this fee are determined by the authorities state power subjects of the Russian Federation. The main problem of social adaptation of disabled people lies precisely in the underdevelopment of their sphere of life activity: vehicles and living conditions have become notorious in terms of their unsuitability for disabled people, while they can effectively search for work only after solving these problems. key issues. Here lies another problem of our legislation - with the above-mentioned key issues of the existence of people with disabilities in modern society unresolved, the state sets, in fact, an impossible task for employers by introducing quotas for jobs for people with disabilities. How can an employer hire a disabled person if the social infrastructure does not allow the latter to even get to work? In this regard, the existing legislation on quotas has a repressive nature in advance: even if the employer undertakes an active search for disabled people to fulfill the quota requirements, it is far from a fact that they will agree to work due to the unresolved nature of their social and everyday problems. Although, as of 01/01/2005, a provision was removed from the Federal Law “On Social Protection of Disabled Persons in the Russian Federation” obliging the employer, in the event of non-fulfillment or impossibility of fulfilling the quota for hiring disabled people, to pay a mandatory fee in the established amount for each unemployed disabled person within the established quota, such a requirement remains in the legislation of the constituent entities of the Russian Federation, which, in fact, contradicts federal legislation - albeit at the level of the constituent entities, but the legislation on quotas continues to contain a latent requirement for employers to pay certain amounts that do not relate to taxes. It is noteworthy that a bill introduced by the Legislative Assembly of the Penza Region is currently under consideration in the State Duma of the Russian Federation, designed to restore the previously existing situation at the federal level. 3. Special workplaces for employing people with disabilities employment professional disabled worker According to Article 22 of the Federal Law, special workplaces for employing disabled people are workplaces that require additional measures to organize work, including adaptation of main and auxiliary equipment, technical and organizational equipment, additional equipment and provision of technical devices, taking into account the individual capabilities of disabled people. The minimum number of special jobs for employing disabled people is established by the executive authorities of the constituent entities of the Russian Federation for each enterprise, institution, organization within the established quota for hiring disabled people. The minimum number of special jobs for employing disabled people is established separately for each enterprise, institution or organization by the executive authorities of the constituent entities of the Russian Federation within the established quota for hiring disabled people. Thus, according to the Decree of the Moscow Government of March 4, 2003 N 125-PP “On approval of the Regulations on quotas for jobs in the city of Moscow”, employers, in accordance with the established quotas, are obliged to create or allocate jobs for the employment of people with disabilities within a month from the date of their introduction . Employers whose average number of employees is more than 100 people can employ youth under the age of 18, orphans and children without parental care under the age of 23, but at the same time the number of disabled people hired for quota jobs should not be less than 3% of the average number of employees. Employment of citizens against established quotas is carried out by employers independently, taking into account proposals from the authorized federal executive body in the field of employment, the authorized executive body of the city of Moscow in the field of social protection of the population and the implementation of youth policy, as well as public organizations of disabled people and youth. According to the Law of the Samara Region of December 26, 2003 N 125-GD “On quotas for jobs for people with disabilities in the Samara Region,” the creation or allocation of jobs for employing people with disabilities is the responsibility of the employer in accordance with the established quota. Employment of disabled people against the established quota is carried out by the employer independently. In cases provided for by the legislation of the Russian Federation, the employment of disabled people against the established quota is carried out by the employer upon the direction of the authorized federal executive body in the field of labor and employment. The quota is set at two percent of the average number of employees. The calculation of the number of jobs against the established quota is made by the employer independently. The number of jobs against the established quota is calculated by the employer on a monthly basis based on the average number of employees for the previous month. The average number of employees is calculated in the manner determined by the authorized federal executive body in the field of statistics. When calculating the number of jobs against the established quota, the fractional number is rounded upward to the whole value. The minimum number of special jobs for employing people with disabilities is given in the Lists of organizations that create or allocate jobs for employing people with disabilities. For example: List of enterprises, institutions and organizations that create or allocate jobs for the employment of people with disabilities (approved by Resolution of the Administration of the Bykovsky District of the Volgograd Region dated January 17, 2003 N 25 “On establishing a quota for the employment of people with disabilities in enterprises, institutions and organizations of the Bykovsky District”) List of enterprises and organizations of the Elansky district for the employment of disabled people within the quota established by the District Administration (approved by Resolution of the Administration of the Elansky District of the Volgograd Region dated November 10, 2004 N 969) Vyazovsky mekhleskhoz 1 State Institution "Vocational School N 52" 2 GU UV PS Elansky RUPS 2 State Unitary Enterprise AK 1727 "Elanskaya" 2 Elansky telecommunication section 2 Elanskoe MPOKH 2 Elan branch of the Criminal Code of the Russian Federation N 3990 2 Elansky raipo 2 Culture Committee of the District Administration 2 Kraishevskaya municipal secondary school 1 MUZ "Elanskaya Central District Hospital" 8 OJSC "Elansky Meat Processing Plant" 3 OJSC "Vyazovskoye HPP" 1 OJSC "Elansky Butter and Cheese Plant" 3 OJSC "Elansky Elevator" 3 JSC "Elanfermmash" 1 LLC "Agrofirm "Agro-Elan" 18 LLC "Bolshoy Moretz" 7 LLC "Lukoil-Nizhnevolzhsknefteprodukt" 2 LLC "Sistema" 1 SPK "Bolshevik" 2 SEC "Elanskie Sady" 1 SPK "Talovsky" 6 SPK im. Artamonova 4 SEC "Chernigo-Alexandrovskoe" 3 FSUE "Elansky DRSU" 1 4. Working conditions for disabled people
Working conditions for disabled people are established in the Labor Code of the Russian Federation. At the same time, organizations employing the work of disabled people must create the necessary working conditions in accordance with the individual rehabilitation program for the disabled person. According to Art. 92 of the Labor Code of the Russian Federation, the normal working hours are reduced by 5 hours per week - for workers who are disabled people of group I or II, and amount to no more than 35 hours per week with full pay retained. In this case, the duration of daily work (shift) for disabled people is established in accordance with a medical report. Involvement of disabled people in overtime work, work on weekends and at night is permitted only with their consent and provided that such work is not prohibited for them due to health reasons. At the same time, disabled people must be informed in writing of their right to refuse overtime work, work on weekends and at night. Overtime is work performed by an employee at the initiative of the employer outside the established working hours, daily work (shift), as well as work in excess of the normal number of working hours during the accounting period. Overtime work must not exceed four hours for each employee on two consecutive days and 120 hours per year. Employees are recruited to work on weekends and non-working holidays with their written consent in the following cases: to prevent an industrial accident, catastrophe, eliminate the consequences of an industrial accident, catastrophe or natural disaster; to prevent accidents, destruction or damage to property; to carry out previously unforeseen work, the urgent execution of which depends on the future normal operation the organization as a whole or its individual divisions. Disabled persons are granted annual leave of at least 30 calendar days. Also for family reasons and others good reasons an employee, upon his written application, may be granted leave without pay, the duration of which is determined by agreement between the employee and the employer. The employer is obliged, on the basis of a written application from the employee, to provide unpaid leave to working disabled people - up to 60 calendar days per year. As a general rule, when the number or staff of an organization is reduced, priority right to remain at work is given to employees with higher labor productivity and qualifications. Given equal labor productivity and qualifications, preference in remaining at work is given to employees who received a work injury or occupational disease in a given organization, disabled people of the Great Patriotic War and disabled combatants in defense of the Fatherland. Establishing working conditions for disabled people (wages, working and rest hours, duration of annual and additional paid leave, etc.), which worsen the situation of disabled people compared to other employees, is not allowed either in collective or individual labor contracts. Special working conditions are established not only for disabled people, but in some cases also for persons who raise disabled children or those who have been disabled since childhood. Sending on official business trips, engaging in overtime work, night work, weekends and non-working holidays of employees with disabled children or people with disabilities from childhood until they reach the age of eighteen years is allowed only with their written consent and provided that this is not forbidden to them medical recommendations. At the same time, they must be informed in writing of their right to refuse referral to business trip, involvement in overtime work, night work, weekends and non-working holidays. In addition, one of the parents (guardian, trustee) to care for disabled children and people with disabilities from childhood until they reach the age of eighteen, upon his written application, is provided with four additional paid days off per month, which can be used by one of these persons or divided them among themselves at their discretion. Women working in rural areas, may be granted upon their written request one additional day off per month without pay. 5. Problems of employment and vocational training of disabled people in the Russian Federation
According to international legal norms, state policies towards people with disabilities should be aimed at preventing violations of their human dignity and social exclusion, and at creating conditions for the equal and full participation of persons with disabilities in the life of society. The Standard Rules on the Equalization of Opportunities for Persons with Disabilities, adopted by UN General Assembly Resolution 48/96 of 20 December 1993, provide that States should recognize the principle that persons with disabilities should be enabled to exercise their human rights, particularly in the area of employment. In both rural and urban areas they must have equal opportunities to engage in productive and income-generating work in the labor market. Employment laws and regulations must not discriminate against persons with disabilities and must not create obstacles to their employment (Rule 7, paragraph 1). Compared to others social groups persons who are uncompetitive in the labor market, disabled people experience the greatest difficulties in the process of realizing a formally equal right to work. Disabled women and people with disabilities in older age groups are subject to multiple discrimination in employment. Unsolved problems of employment of disabled people reduce their quality of life and entail serious threats of marginalization of the population. Abroad and in Russia, there are opponents of establishing social and legal protection measures for people with disabilities (for example, hiring quotas), who consider them “reverse discrimination.” However, the Convention International organization Labor (ILO) of June 20, 1958 N 111 “On discrimination in the field of work and occupation” does not include in the concept of discrimination any differences, exclusions or preferences that result in the elimination or violation of equality of opportunity or treatment in the field of work and occupation (Article . 1). Special positive measures aimed at ensuring genuine equality of treatment and opportunity for disabled people and other workers must not be considered discriminatory against other workers (Articles 2, 4 of ILO Convention No. 159 of 20 June 1983 on Vocational Rehabilitation and Employment of Persons with Disabilities) . IN international law it provides for assistance in the employment of disabled people both in the open (free) labor market and in the closed one (in specialized organizations intended for persons with disabilities). The ILO recommends measures to create employment opportunities for people with disabilities in a free labor market, including financial incentives for entrepreneurs to encourage their activities in organizing vocational training and subsequent employment of people with disabilities, reasonable adaptation of workplaces, work operations, tools, equipment and work organization to facilitate such training and employment of people with disabilities, as well as government assistance in creating specialized enterprises for people with disabilities who do not have a real opportunity to get work in non-specialized organizations. This can improve the employment situation of disabled people working in them and, if possible, prepare them for work in normal conditions (subparagraphs “a”, “b”, “c”, paragraph 11 of the ILO Recommendation of June 20, 1983 No. 168 on professional rehabilitation and employment of disabled people) .
The European Social Charter (as amended in 1996) obliges states to actively promote the employment of persons with disabilities by encouraging employers to employ such persons, employ them in the normal working environment and adapt working conditions to the needs of disabled people, and where this is not possible, create special jobs and production areas for people with disabilities (clause 2 of article 15). In December 2006, the UN General Assembly adopted a comprehensive and unified Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities, which has been open for signature and ratification by States Parties since 30 March 2007 and is intended to become the first international human rights treaty of the 21st century. According to this act, discrimination on the basis of disability means any distinction, exclusion or restriction on the basis of disability, the purpose or effect of which is to diminish or deny the recognition, enjoyment or enjoyment on an equal basis with others of all human rights and fundamental freedoms in the political, economic, social, cultural or any other area (Article 2). This definition corresponds to the concept of negative discrimination against people with disabilities, which requires elimination. The Convention on the Protection of the Rights of Persons with Disabilities specifically emphasizes the principle of non-discrimination. It is derived from the proclaimed principle of respect for the inherent dignity, personal autonomy, independence of a person, including the freedom to make one’s own choices, and is developed in other general principles Convention on the Protection of the Rights of Persons with Disabilities (Article 30). It is confirmed that specific measures necessary to accelerate or achieve de facto equality of persons with disabilities are not considered discrimination within the meaning of this Convention (Article 5) .
In the field of labor and employment, the Convention on the Protection of the Rights of Persons with Disabilities is based on the recognition of the right of persons with disabilities to work on an equal basis with others. It includes the right to have the opportunity to earn a living by work freely chosen or accepted in the labor market, and a work environment that is open and inclusive and accessible to persons with disabilities. States Parties must take appropriate measures, including legislation, to prohibit discrimination on the basis of disability in all matters relating to employment, including conditions of recruitment, hiring and employment, continuity of employment, promotion, reasonable accommodations for persons with disabilities in the workplace (Article 27). In domestic jurisprudence, providing disabled people with measures of social and legal protection (additional guarantees) in the field of employment is usually correlated with the concept of differentiation in the legal regulation of labor based on such a subjective factor as health status. Based on Art. 3 of the Labor Code of the Russian Federation, restrictions on hiring taking into account the health status of disabled people, the establishment of rehabilitative working conditions for them, guarantees in the field of working time and rest time are not discrimination, preemptive right for conclusion employment contract about home work. According to official data, the number Russian disabled people exceeds 11 million people, and only 15% of disabled people of working age are “involved in professional activity" Based on the system of multidisciplinary rehabilitation of people with disabilities in the Federal Target Program " Social support disabled people for 2006 - 2010" it is planned to slow down the process of disability of the population, to return about 800 thousand disabled people to professional, social, and everyday activities, while during 2000 - 2005. 571.2 thousand people were rehabilitated. It is planned to increase production capacity, strengthen the material and technical base and technical re-equipment, modernize the enterprises of the All-Russian Society of Disabled Persons, the All-Russian Society of the Blind, the All-Russian Society of the Deaf, the All-Russian Organization of Disabled Persons of the War in Afghanistan, and create at least 4,250 workers at enterprises owned by all-Russian organizations of disabled people places at the expense of the federal budget and extra-budgetary funds. At present, the trend of reduction in the number of working disabled people, which arose during the transition to a market economy, continues in the Russian labor market. Persons with disabilities face various forms of discrimination in employment. Many employers and employees perceive people with disabilities solely as a burden at work. Often this is psychologically caused by a lack of understanding of the situation of people with disabilities, their needs and capabilities. There is a lack of information about the extent to which employers finance the provision of statutory guarantees for people experiencing difficulties in finding work. Thus, the erudite and author of sensational books on the fate of civilizations A. Nikonov regards the hiring of a pregnant woman as nothing other than an act of charity on the part of the employer, erroneously claiming that the employer pays for the woman’s maternity leave. Relevant for Russia are the provisions of the Convention on the Protection of the Rights of Persons with Disabilities on the need to take immediate, effective and appropriate measures in order to: a) raise awareness in society as a whole about people with disabilities and strengthen respect for their rights and dignity; b) combat stereotypes, prejudices and harmful practices against persons with disabilities, including those based on gender and age, in all circumstances; c) expand understanding of the potential and contribution of persons with disabilities (Article 8). The development and implementation of such measures (educational campaigns, training programs, etc.) should help overcome the phenomena of social Darwinism in society, which have intensified in a market economy. Employment of disabled people is complicated by the fact that most of them need special conditions labor. The tax benefits established by federal legislation for employers employing the work of disabled people and organizing their training do not compensate for the required expenses. Problems financial security, as well as the organization of activities to create special jobs for people with disabilities have become more acute in the context of the current budget and administrative reform, transfer for the exercise of powers of federal authorities in the field of employment to the regional level. In the constituent entities of the Russian Federation, data banks of disabled people who want to work are just being formed, and financial opportunities for special employment are being determined based on the estimated cost of jobs for people with disabilities. The mechanism of cooperation between regional authorities and employers in the field of employment of disabled people is in its infancy. The measures taken in the constituent entities of the Russian Federation to subsidize on a competitive basis projects of entrepreneurs to create jobs for people with disabilities, otherwise stimulate the socially responsible behavior of employers, and use social partnership tools in the field of employment of persons with disabilities are attracting attention and deserve wider application. On the open labor market in the interests of small businesses, from January 1, 2005, the standard number of employees for quotas for the employment of disabled people was increased from 30 to 100 people, which led in some regions of the Russian Federation to a decrease in the number of employers obliged to employ disabled people to several percent of their total number. Therefore, it is positive that in February 2007, the State Duma approved a bill to lower the minimum number of workers for quotas of jobs for disabled people to 50 people. On the other hand, it seems unfounded to restore the norm on the employer’s obligation to make a payment in the amount of the subsistence minimum to the budget of a constituent entity of the Russian Federation for each disabled person who is not employed under the quota. The time has come to oblige employers to directly employ people with disabilities, to guarantee employers, within established limits, reimbursement of expenses for creating working conditions for people with disabilities in accordance with individual rehabilitation programs. It is necessary to strengthen control over the expenditure of funds that can be accumulated in the fund for the employment of disabled people, as well as over the quality of quota jobs, and to prevent discrimination against disabled people in terms of wages. Some comments on the controversial norm on mandatory payment for refusing to hire a disabled person against the quota said that with its introduction, employers will not be able to dismiss disabled people. But is it? In most cases, employers will prefer a low payment to real employment of disabled people, discriminating against disabled people by refusing to conclude an employment contract. The fee seems justified only if there are exceptional grounds that should be enshrined in law, taking into account the accumulated regional experience in resolving these issues. Specification of these grounds is necessary, in addition, to solve the problems of bringing to administrative responsibility employers guilty of refusing to hire disabled people within the established quota (Clause 1 of Article 5.42 of the Administrative Code) .
It is also noteworthy that the size of administrative fines for violations of labor legislation for disabled people exceeds the fees for failure to comply with quota standards. If used appropriately, these fines could also serve to resolve the financial problems of job quotas for people with disabilities. In Ukraine, for example, quotas for jobs for people with disabilities are mandatory for organizations with more than 8 employees, controlled by the Social Protection Fund for Disabled People, which operates from budgetary funds, voluntary contributions, administrative fines and is used to solve problems of employment of people with disabilities throughout the state . There is also a place for discrimination against people with disabilities in the closed labor market. Some support measures are provided to all-Russian associations of disabled people, their organizations and institutions (for example, tax benefits provided for in paragraph 3 of Article 381, paragraph 5 of Article 395 of the Tax Code of the Russian Federation) and are not established for regional, local associations of disabled people, their organizations and institutions. The legal literature rightly points out that the solution to issues does not comply with international labor law and, ultimately, discriminates against people with disabilities state support the same category of disabled citizens depends on the status of the public organization. In practice, disabled people cannot compete with healthy workers in terms of the cost of products and services produced, despite their high quality. In order to preserve jobs for people with disabilities, the Federal Law of the Russian Federation of July 21, 2005 N 94-FZ “On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs” establishes some advantages when placing orders to all-Russian organizations of people with disabilities in regarding the proposed contract price. But the guarantees of receiving such orders are insufficient, and the main problem for specialized enterprises for disabled people is providing disabled people with work. In this regard, the draft federal law “On state support of public associations of people with disabilities” deserves attention, providing for the reservation for these associations of a certain share of government orders for the implementation of certain types of services, production and supply individual species products for state needs, as well as the involvement of organizations of disabled people in the implementation of state social orders. The right of people with disabilities to work is limited by draft legislation that does not meet international legal standards, as well as the continuing vacuum in the legal regulation of some pressing issues of employment of people with disabilities. Thus, the head of the Center of the Institute of Economics of the Russian Academy of Sciences, E. Gontmakher, not without reason, complains that the draft List of diseases prepared by the Ministry of Health and Social Development that impedes entry into or completion of the public civil service is at odds with the norms of the Convention on the Protection of the Rights of Persons with Disabilities and world practice. The draft says nothing, for example, about venereal diseases, preventing public service, but there are prohibitions on this employment for persons suffering from pituitary dwarfism, the visually impaired and those who move on wheelchair; the need to create special working conditions for disabled people is not taken into account. The issues of reserving jobs for people with disabilities are not fully resolved in Russian legislation. At the federal level, Resolution of the Ministry of Labor of the Russian Federation of September 8, 1993 N 150 approved the List of priority professions for workers and employees, the mastery of which gives disabled people the greatest opportunity to be competitive in regional labor markets (engraver, dispatcher, lawyer, etc., more than 100 professions in total). At the same time, people with disabilities have the right to freely choose a profession available to them due to health reasons, and when filling vacancies, especially in conditions of market competition, proper qualifications of workers are required. It would be advisable, through the mediation of the employment service, to reserve jobs within the quota for disabled people undergoing vocational training and retraining in the professions recommended to them and required by the organization. In addition, the federal bill “On the first hire” should take into account the interests of young disabled people from among graduates of vocational education institutions in order to provide them with the opportunity to conclude an employment contract with employers for jobs reserved in the prescribed manner. Conclusion
The main problem in the field of labor and employment is still the employer's disinterest in hiring disabled people and creating working conditions for disabled people in accordance with individual rehabilitation programs. Low competitiveness in the labor market, imbalance of demand and supply of labor (the educational and professional level of training of disabled people does not meet the requirements of employers), discrepancy between the proposed working conditions and the indications for work recommended for disabled people, low wage and its irregular payment for vacancies announced for disabled people - all these factors negatively affect the process of employment of disabled people. It should be noted that the employment of disabled people is associated with certain problems and material costs, in particular, this should include the need to create specialized jobs or production sites, the use of flexible, non-standard forms of labor organization, the use of home work, etc. However, professional and labor rehabilitation disabled people are economically and socially justified. Additional financial and economic measures are needed to bring specialized enterprises that employ the labor of disabled people out of the crisis. These measures should help increase the competitiveness of the products of these enterprises, increase production volumes, preserve existing and increase (create) new jobs for people with disabilities. The development of legal regulation in the field of social protection of people with disabilities will be largely determined by the formation of the domestic legal framework and, as a consequence, the legislative system. Relations regarding the social protection of disabled people for a long time were considered mainly the subject of legal regulation of “social security law”, to a lesser extent - medical, educational and other branches of law. With the adoption of the 1993 Constitution, new approaches emerged that led to a positive perception of the idea of social law. The criteria for determining the subject of legal regulation of this industry include the totality of declared international legal norms social rights, as well as highlighting the range of relations for the provision of material benefits by society to its members in cases of the occurrence of social risks that, due to their social significance, cause an objective need to ensure social security of a person. Bibliography
1.Constitution of the Russian Federation of 1993. M., 2008. .Labor Code of the Russian Federation. // Consultant Plus. .the federal law dated November 24, 1995 No. 181-FZ “On social protection of disabled people in the Russian Federation.” // Consultant Plus. .Decree of the President of the Russian Federation of October 2, 1992 No. 1157 “On additional measures of state support for people with disabilities.” // Consultant Plus. .Federal target program “Social support for people with disabilities” for 2006 - 2010. // Consultant Plus. .#"justify">. Bondareva E.S. Job quotas for people with disabilities: problems of implementation. // Labor law, 2007 No. 8. // Consultant Plus. .Bratanovsky S.N., Rozhdestvina A.A. Commentary on the Federal Law of November 24, 1995 No. 181-FZ “On the social protection of disabled people in the Russian Federation.” M., 2006. // Consultant Plus. .Brilliantova N.A. Labor law of Russia. M., 2005. .Gontmakher E. Unfit for civil service // Rossiyskaya Gazeta. 2007. February 13. .Guskov K.N., Tolkunova V.N. Labor law of Russia. M., 2004. .Kiseleva A.V., Education for people with disabilities: social and economic problems. // Lawyer, 2006 No. 5. // Consultant Plus. .Maslov A. Benefits for disabled people. // Business lawyer, 2002 No. 18. .International protection of human rights and freedoms: Sat. documents. M., 1990. .Mikhailov A.A. Commentary on the laws on social services and social protection of disabled people in the Russian Federation // Employer. 2006. N 1. .Nikonov A. The end of feminism. How is a woman different from a man? M., 2005. .Paryagina O.A. Disabled people: discrimination and employment. // Labor Law, 2007 No. 4. // Consultant Plus. 18.Social Security Law: Textbook Ed. K.N. Gusova. M., 2001. 19.Svintsov A.A., Raduto V.I. Social protection of disabled people. Ten years of experience in legal regulation. // Social and pension law, 2006 No. 4. // Consultant Plus. .Seregina L.V. Quotas of jobs for citizens experiencing difficulties in finding work. // Labor Law, 2007 No. 3. // Consultant Plus. 21.Social doctrine of the Russian Federation. Ed. V.I. Zhukova. M., 2005. .Social politics: Textbook. Ed. ON THE. Volgina. M., 2002. .Social legislation. Scientific and practical publication. Ed. Yu.A. Tikhomirov. M., 2005. 24.Tsyganov M.E. Integration of disabled people into the sphere of employment: the experience of European Union countries // Labor abroad. 2003. N 4. .Shchur D.L. Peculiarities national system job quotas. M., 2006. // Consultant Plus. Current legislation ensures that disabled people receive basic general (9 classes), secondary (complete) general (11 classes) education, primary vocational, secondary vocational and higher vocational education in accordance with the individual rehabilitation program for a disabled person. General education of disabled people is provided free of charge both in general educational institutions, equipped, if necessary, with special technical means, and in special educational institutions and is regulated by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation; vocational education of disabled people in educational institutions of various types and levels is carried out in accordance with the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation; for disabled people who need special conditions for receiving vocational education, special vocational educational institutions of various types and types or corresponding conditions in general vocational educational institutions are created; vocational training and vocational education of disabled people in special vocational educational institutions for disabled people is carried out in accordance with state educational standards based on educational programs adapted for teaching people with disabilities; when submitting an application for admission to a university, the applicant submits documents proving his identity, citizenship and, at his discretion, submits the original state document on education or its certified photocopy and the required number of photographs; other documents may be submitted by the applicant if he is applying for benefits established by the legislation of the Russian Federation, or requested from the applicant if there are restrictions on training in the relevant areas of training or specialties of higher professional education established by the legislation of the Russian Federation; In entrance exams for people with disabilities, additional time should be provided for preparing an oral answer and completing written work, but no more than one and a half hours; Education of disabled people is carried out in the forms provided for by the Charter of the educational institution. At the same time, the most optimal form for disabled people is part-time. It is also important to take into account that in accordance with the Law of the Russian Federation “On Education”, the terms of education for people with disabilities can be increased taking into account their individual characteristics; vocational education of people with disabilities should be carried out in accordance with state educational standards on the basis of educational programs adapted for training people with disabilities. Unacceptable for disabled people of special standards. Only with this approach to training people with disabilities will they be competitive in the labor market as professionals; out of competition, subject to successful passing of entrance exams to state and municipal educational institutions of secondary vocational and higher vocational education, the following are accepted: disabled children, disabled people of groups 1 and 2, for whom, according to the conclusion of the State Service for Medical and Social Expertise, education in the relevant educational institutions is not contraindicated; citizens under the age of 20 who have only one parent - a disabled person of group 1, if the average per capita family income is below the subsistence level established in the relevant constituent entity of the Russian Federation. Rights, guarantees, benefits in the field of employment of disabled people The current economic situation in the labor market has made it even more difficult for people with disabilities to find work. For people with disabilities, the opportunity to find a job serves not only as a means of self-sufficiency, but as a means of personal affirmation, social adaptation and integration into society. This cannot be achieved through social payments alone. Disabled people dismissed from organizations for any reason, who have a work recommendation, a conclusion on the recommended nature and conditions of work, can register as unemployed with the employment service, for which they are required to submit documents: passport, work book, education document, certificate of secondary education earnings, individual rehabilitation program. If it is impossible to select suitable job unemployed disabled people are given the right, as a matter of priority, to undergo vocational training, advanced training, and retraining as directed by the employment service authorities with the payment of a stipend during the training period. Career counseling and career guidance taking into account the business qualities of the unemployed. The most important thing is to choose “your” profession in your youth, by identifying whether you have young man formed knowledge, skills, abilities, psychological readiness to one activity or another. Because this will help him find his path in life, achieve high results in work life and the possibility of advancement up the professional ladder in the future. If a disabled person agrees with this, but has difficulty choosing a profession, then professional consultations are carried out. Vocational guidance is one of the means of increasing the adaptation and competitiveness of the unemployed. "Job Seekers Clubs" will help you practice job search methods. Get information about the situation on the labor market, learn how to search for work on your own. Vocational training and retraining of unemployed citizens. When organizing vocational training by the employment service, disabled people can be offered, taking into account the education, professional experience and health status of the disabled person, options for choosing a profession, specialties that are in demand in the labor market. When sent to vocational training, the cost of study will be paid. A stipend is paid throughout the entire period of study. New social and economic conditions, a revision of the rehabilitation model, which provides for the importance of the activity of the disabled person himself, should change the position of a person with disabilities in the labor market. A disabled person must cease to be a passive object, and become an independent, socially competent person. This task is the main goal of the entire process of comprehensive rehabilitation in general, and professional rehabilitation as its final stage, in particular. Special employment programs have been created for disabled people looking for a job. With the help of these programs it is possible to obtain additional education and get the job you want. Direct employment and vocational training for people with disabilities provided with special state program guarantees, which in particular includes: In addition, they are actively used various types of economic incentive measures, which, for example, include: stimulating the creation by enterprises of various types of additional types of jobs to provide employment for persons with disabilities; Professional training of subjects, who are disabled, can be carried out in various kinds of educational institutions, both general and special profile. In addition, professional training of these subjects can be carried out directly at the place where they carry out their work activities. In this case, training is carried out in accordance with an individually developed rehabilitation program for these subjects (individual schedule, externship, distance learning and so on.). First of all, professional training or retraining of subjects who are disabled is carried out in professions and specialties of a priority nature, the mastery of which allows these subjects to be sufficiently competitive in modern employment markets. Regarding legally established quotas provided for by the employment program for disabled people, the following circumstances should be noted. Those organizations in which the number personnel exceeds thirty people, the quota for hiring persons with disabilities is calculated as a percentage of the average number of employees. Various kinds public type associations of disabled people, as well as organizations founded by them, whose authorized capital is made up of the actual contribution of this public association, subject to exemption from mandatory quotas employment places for subjects who are disabled. In that case, if the employer did not provide or was unable to provide fulfillment of the established quota for the employment of disabled people, then he is obliged to make monthly mandatory payments to the state budget for each unemployed person who is disabled within the prescribed quota. The employment program for people with disabilities provides that in certain legally established cases, the employer is obliged to employ subjects who are disabled and, based on medical recommendations, establish for them part-time work and other preferential conditions for working. In addition, the employment and vocational training of disabled people requires that workplaces for persons with disabilities must meet special requirements that apply to workplaces for this category of subjects, depending on the disability group assigned to them. Rehabilitation services for people with disabilities Federal Law of November 24, 1995 ᴦ. “On social protection of disabled people in the Russian Federation” enshrined the provision that the state guarantees disabled people the necessary conditions for obtaining education and professional training (Article 9). Vocational training of disabled people is carried out in accordance with an individual rehabilitation program in educational institutions general and special types, as well as directly at enterprises. When entering secondary specialized and higher educational institutions, they enjoy certain benefits - their enrollment is carried out regardless of the admission plan. For disabled people who need special conditions for receiving vocational education, special vocational educational institutions of various types or corresponding conditions in general vocational educational institutions are created. Upon receipt of professional education disabled people are given the opportunity to study according to an individual schedule. Disabled people can be used and extramural training, external practice, as well as home study. During the period of study, an increased stipend is paid. Vocational training for people with disabilities is also carried out in special educational institutions of the Russian Ministry of Health and Social Development. In accordance with By Decree of the President of the Russian Federation of March 25, 1993. “On measures for professional rehabilitation and employment of people with disabilities” Ministry of Health and Social Development of Russia, Ministry of Education and Science of the Russian Federation, State Committee of the Russian Federation for higher education It was proposed to organize vocational training and retraining for disabled people in subordinate educational institutions, primarily in priority professions and specialties, the mastery of which gives disabled people the greatest opportunity to be competitive in regional labor markets. List of such priority professions has been approved by resolution of the Ministry of Labor of the Russian Federation of September 8, 1993., which states that when training people with disabilities in all types of educational institutions, medical instructions and contraindications for admission to training and MSEC recommendations must be observed. Vocational training of disabled people can also be carried out directly at work. It has a number of advantages due to the presence at enterprises of a wide production base and opportunities to choose professions, a reduction in training time, more high level material support during training. In general, all types of vocational training for people with disabilities are a necessary measure to provide them with a real opportunity to get a job, taking into account their state of health and the degree of disability. The right of persons with disabilities to employment is ensured by the introduction of additional guarantees enshrined in Law of November 24, 1995, as well as in the Law of the Russian Federation “On Employment of the Population in the Russian Federation” with changes and additions: 1) implementation of preferential financial and credit policies in relation to special enterprises employing the work of disabled people; 2) establishing a quota for hiring disabled people; 3) reservation of jobs in professions most suitable for employing people with disabilities; 4) encouraging the creation of additional jobs by enterprises to employ people with disabilities; 5) creation of working conditions for disabled people in accordance with the individual rehabilitation program; 6) creation of conditions for entrepreneurial activity; 7) organization of training for disabled people in new professions. The law obliges local authorities to ensure the creation of additional jobs and specialized enterprises for the employment of disabled people. The legislation establishes for organizations, regardless of organizational and legal forms and forms of ownership, the number of employees is more than 30 people, quotas for hiring people with disabilities. Public associations of disabled people and organizations owned by them, business partnerships and societies, the authorized capital of which consists of the contribution of public associations of disabled people, are exempt from mandatory quotas. The executive authorities of the constituent entities of the Russian Federation have the right to establish a higher quota for hiring people with disabilities. If enterprises do not comply with the quota for hiring disabled people, they make a mandatory payment to the State Employment Fund. At the same time, certain measures are also taken to create an enterprise’s interest in hiring people with disabilities. Tax benefits are established for them; in addition, compensation is paid from local budgets and other sources to cover income lost as a result of the use of disabled people. In solving problems of employment of disabled people, an important role belongs to municipal social service centers. In accordance with Federal Law of the Russian Federation of August 2, 1995 ᴦ. “On social services for elderly and disabled citizens”(Article 28) they have the right to create workshops, production workshops, subsidiary farms and necessary industries specifically for the employment of disabled people and elderly citizens. Such shops, workshops and other production facilities are under the jurisdiction of the administrations of municipal social service centers. The social protection authorities are directly involved in issues of employment of disabled people. Law of November 24, 1995. provides that all disabled people employed in enterprises, institutions and organizations must be provided with the necessary special working conditions in accordance with the individual rehabilitation program (Article 223). Special workplaces for employing disabled people- these are workplaces that require additional measures to organize work, including the adaptation of main and auxiliary equipment, technical and organizational, additional equipment and the provision of technical devices taking into account the individual capabilities of people with disabilities. In cases provided for by law, the administration is obliged to hire people with disabilities and, in accordance with medical recommendations, establish for them part-time work and other preferential working conditions. Disabled people of groups I and II are entitled to a reduced working day (no more than 35 people per week) and annual paid leave (at least 30 calendar days). Workplaces for disabled people in enterprises and organizations must meet special requirements for workplaces for disabled people, depending on the degree of disability. Social protection authorities accept necessary measures to realize the opportunity of disabled people to work. Today, when the problems of employment in general and the employment of disabled people in particular have become more acute, there is a need to expand the required amount of work for disabled people. In accordance with by Decree of the Government of the Russian Federation of December 26, 1996. No. 1285 “On approval of the procedure for the participation of elderly citizens and disabled people living in social service institutions in medical and labor activities” In stationary social service institutions, special jobs are created for persons living in them and having residual working capacity. Therapeutic work activities of citizens in inpatient institutions are carried out under the guidance of labor instructors and worker training instructors in accordance with schedule plans and individual rehabilitation programs. The type and duration of medical work activity is determined by a doctor at a hospital institution specifically for each citizen, taking into account his wishes. The duration of medical work activity should not exceed 4 hours a day. Rehabilitation services for disabled people The Federal Law of November 24, 1995 “On the social protection of disabled people in the Russian Federation” established the provision that the state guarantees disabled people the necessary conditions for obtaining education and professional training... According to the Law on Social Protection of Disabled Persons, the state ensures that disabled people receive basic general, secondary (complete) general education, primary, secondary and higher vocational education in accordance with the IPR of the disabled person. Professional… According to the Law on Social Protection of Disabled Persons, the state ensures that disabled people receive basic general, secondary (complete) general education, primary, secondary and higher vocational education in accordance with the IPR of the disabled person. Professional… In the field of education, the following guarantees are established for people with disabilities. 1. The necessary conditions for education and training: General education of disabled people is carried out with exemption from fees both in general educational institutions, equipped, if necessary, with special technical means, and in special educational institutions. 2. Ensuring the receipt of education in accordance with the individual rehabilitation program for a disabled person: basic general; secondary (full) general initial professional; secondary professional; higher professional. 3. For disabled people who need special conditions to receive vocational education: Creation of special professional educational institutions of various types and types or corresponding conditions in general professional educational institutions. The special conditions of these educational institutions must ensure the implementation of individual rehabilitation programs for the period of study of disabled people and consist of the following: adaptation of premises, furniture, equipment to the capabilities of people with disabilities and in accordance with the requirements of barrier-free architecture; adaptation of training programs to the psychophysiological characteristics of people with disabilities, pedagogical correction of the educational process. 4. Vocational training and vocational education of disabled people: In special professional educational institutions for people with disabilities, they are carried out in accordance with federal state educational standards on the basis of educational programs adapted for training people with disabilities. 5. Providing: disabled people with exemption from payment or on preferential terms with special teaching aids and literature; disabled people have the opportunity to use the services of sign language interpreters. 6. Providing additional benefits and opportunities for education: at the level of the Russian Federation; in certain regions of the Russian Federation. 7. The right to repeated free professional education, in accordance with paragraph 7 of Art. "Citizens of the Russian Federation have the right, in accordance with the established procedure, to repeatedly receive free vocational education in the direction of the state employment service, in the event of loss of the opportunity to work in a profession, specialty, in the event occupational disease and (or) disability, in other cases provided for by the legislation of the Russian Federation." Order of the Ministry of Education and Science of the Russian Federation dated December 28, 2011 No. 2895 “On approval of the Procedure for admitting citizens to educational institutions of higher professional education” stipulates that admission of citizens with disabilities can be carried out: According to clause 3.4, admission of citizens with disabilities can be carried out both on the basis of the results of the Unified State Examination and on the basis of the results entrance examinations conducted by the university independently (in the absence of Unified State Exam results), the specifics of which are established by Chapter VI of this Procedure. To persons with disabilities in in this case include persons with disabilities in physical and (or) mental development: hearing impaired; visually impaired; with severe speech impairments; with musculoskeletal disorders; others, including disabled children, people with disabilities. “The admissions committee places information signed by the chairman on the official website of the higher educational institution and on the information stand before accepting documents. admissions committee, on the peculiarities of conducting entrance tests for citizens with disabilities" (clauses 21-21.1). “When submitting an application, persons with disabilities provide, at their discretion, an original or a photocopy of a document confirming their disabilities. Disabled children, disabled people of groups I and II, who at the time of enrollment, in accordance with paragraph 3 of Article 16 of the Law of the Russian Federation "On Education", have the right to admission to higher educational institutions without competition, subject to successful completion of entrance examinations, provide a conclusion federal institution medical and social examination on the absence of contraindications for studying in relevant educational institutions" (clause 29). The specifics of conducting entrance tests to universities for various categories of disabled people are specifically defined in the document “The procedure for admitting citizens to educational institutions of higher professional education,” approved by order of the Ministry of Education and Science of the Russian Federation dated December 28, 2011 N 2895, and specifically in Chapter VI. Features of conducting entrance tests for citizens with disabilities. Based on the order of the Ministry of Education of the Russian Federation dated May 24, 2004 No. 2356 “On federal head and district educational and methodological centers for training people with disabilities,” a system of educational institutions has been created for the vocational training of people with disabilities, including: for training disabled people with hearing impairment - state educational institution higher professional education "Moscow State Technical University named after N.E. Bauman"; for training disabled people with musculoskeletal disorders, — state educational institution of higher professional education "Moscow State Humanitarian Institute-Boarding School"; for training disabled people with visual impairments - state educational institution of higher professional education "Russian State Pedagogical University named after A.I. Herzen" (St. Petersburg); for continuous professional education of disabled people with developmental disorders of various etiologies - state educational institution of higher professional education "Novosibirsk State Technical University"; for teaching disabled people with developmental disorders of various etiologies in pedagogical specialties - the state educational institution of higher professional education "Moscow State Pedagogical University". In accordance with paragraph 3 of Art. 16 Federal Law of August 22, 1996 No. 125-FZ “On Higher and Postgraduate Professional Education” students of federal state higher educational institutions studying full-time and receiving education at the expense of the federal budget are provided with scholarships in the amount of 1,100 rubles. For disabled students of groups I and II, the scholarship amount increases by 50%. Vocational training for unemployed disabled people can be carried out in the following forms: vocational training to accelerate the acquisition of skills necessary to perform a specific job; training a disabled person who has a profession in a second profession to expand their professional profile and gain opportunities to work in a combined profession; advanced training of a disabled person in order to update theoretical and practical knowledge in connection with increasing requirements for the level of qualifications and the need to master new ways of solving professional problems; internship for the formation and consolidation of theoretical knowledge, skills and abilities in practice; advanced training in order to increase professional skills and increase competitiveness in the profession of a disabled person, as well as study of new equipment, technology and other issues related to the profile of professional activity. Unemployed disabled people have the right, as a matter of priority, to undergo vocational training in the specified forms.Employment and vocational training for people with disabilities
Ensuring employment of people with disabilities - quotas
Some features of employment of disabled people
Production Vocational training and employment of people with disabilities
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Primary, secondary and higher vocational education of people with disabilities
Guarantees for people with disabilities in the field of education
Peculiarities of admission of disabled people to universities
Peculiarities of conducting entrance tests to universities
Special vocational educational institutions for people with disabilities?
Federal head centers for training people with disabilities
District educational and methodological centers for training people with disabilities
The right of persons with disabilities to receive an increased scholarship
Forms of vocational training for unemployed disabled people
1.
Professional
Preparation
disabled people
carried out in general and special educational institutions, as well as directly at enterprises in accordance with an individual rehabilitation program (including an individual schedule, classes at home, external studies, correspondence courses, etc.).
Vocational training and retraining of disabled people is carried out primarily in priority professions and specialties, the mastery of which gives disabled people the greatest opportunity to be competitive in regional labor markets2.
2.
Employment
disabled people
is guaranteed by a system of guarantees (for example, establishing a quota for hiring disabled people; reserving jobs in professions most suitable for employing disabled people; creating working conditions for disabled people in accordance with an individual rehabilitation program; creating other working conditions for disabled people, etc.), as well as by the system economic incentive measures (for example, the implementation of preferential financial and credit
1 See Resolution of the Supreme Council of the Russian Federation "On the regulation of fees for the maintenance of children in children's preschool institutions and on financial support for the system of these institutions" dated March 6, 1992 No. 2464-1.
2
See Decree of the President of the Russian Federation "On measures for professional rehabilitation and employment of disabled people" dated March 25, 1993 No.
policies regarding special enterprises employing disabled people; stimulating the creation of additional jobs by enterprises to employ people with disabilities; creating conditions for entrepreneurial activity):
for organizations with more than 30 employees, it is established
quota
For
reception
on
work
disabled people as a percentage of the average number of employees (but not less than 2% and not more than 4%]);
public associations of disabled people and organizations formed by them, including business partnerships and societies, the authorized (share) capital of which consists of the contribution of a public association of disabled people, are exempt from mandatory quotas of jobs for disabled people;
in case of failure or impossibility of fulfilling the established quota for hiring disabled people, employers pay a monthly obligatory payment to the budgets of the constituent entities of the Russian Federation for each unemployed disabled person within the established quota. The amount and procedure for employers to pay the specified fee are determined by the state authorities of the constituent entities of the Russian Federation;
in cases provided for by law, the administration is obliged to hire people with disabilities and, in accordance with medical recommendations, establish for them part-time work and other preferential working conditions. Disabled people of groups I and II are provided with
abbreviated
worker
day
(no more than 35 hours per week), annual paid leave (no less than 30 calendar days);
workplaces for disabled people in enterprises and organizations
must
correspond
special
requirements,
requirements for workplaces for disabled people depending on the disability group.
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