"Personnel issue", 2014, N 2

QUOTING JOBS

The issue of employment often turns into a serious problem even for healthy person. What can we say about people with disabilities- disabled people. In the presented material we will talk about job quotas - effective mechanism, providing protection from unemployment for persons with reduced competitiveness in the labor market.

So, a quota is the minimum number of jobs for those in particular need social protection and citizens experiencing difficulties in finding work (as a percentage of average number employees of the organization) whom the employer is obliged to employ in this organization. The quota also includes jobs in which citizens of the specified category are already employed.

Job quotas - establishing a quota in organizations, regardless of organizational and legal forms and forms of ownership, for hiring for citizens who are especially in need of social protection and have difficulty finding work.

Quotas for jobs are carried out in order to provide additional guarantees of employment for citizens.

In accordance with Art. 16 Labor Code Russian Federation(hereinafter referred to as the Labor Code of the Russian Federation), which determines the grounds for the emergence of labor relations, labor relations can arise as a result of sending workers to work against the established quota by bodies authorized by law.

The regulatory act establishing the legal, economic and organizational foundations of the state policy of promoting employment, including state guarantees for the implementation of the constitutional rights of citizens of the Russian Federation to work and social protection from unemployment, is the Law of the Russian Federation of April 19, 1991 N 1032-1 "On employment of the population in the Russian Federation" (hereinafter - Law of the Russian Federation N 1032-1).

Based on Art. 5 of the said Law, state policy in the field of promoting employment of the population, in particular, is aimed at implementing measures to promote employment of citizens experiencing difficulties in finding work:

Disabled people;

Persons released from institutions serving a sentence of imprisonment;

Minors aged 14 to 18 years;

Persons of pre-retirement age (two years before the age that gives the right to receive an old-age labor pension, including early retirement);

Refugees and internally displaced persons;

Citizens dismissed from military service, and members of their families;

Single and large parents raising minor children, disabled children;

Citizens exposed to radiation due to Chernobyl and other radiation accidents and disasters;

Citizens aged 18 to 20 years, with secondary vocational education and looking for work for the first time.

By virtue of Art. 13 of Law of the Russian Federation N 1032-1, the state provides additional guarantees to citizens experiencing difficulties in finding work, in particular, by establishing a quota for hiring people with disabilities.

At the same time, the quota for hiring disabled people is established in accordance with Federal Law No. 181-FZ of November 24, 1995 “On the social protection of disabled people in the Russian Federation” (hereinafter referred to as Law No. 181-FZ).

According to the said Law, namely Art. 21, for employers whose number of employees exceeds 100 people, the legislation of the constituent entity of the Russian Federation establishes a quota for hiring disabled people in the amount of 2 to 4% of the average number of employees. For employers whose number of employees is no less than 35 people and no more than 100 people, the legislation of a constituent entity of the Russian Federation may establish a quota for hiring disabled people in the amount of no more than 3% of the average number of employees.

If the employers are 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, these employers are exempt from complying with the established quota for hiring disabled people.

The specific size of the quota is established by the legislation of the relevant constituent entity of the Russian Federation.

For example, in St. Petersburg, relations regarding the establishment of a quota for hiring disabled people are regulated by the Law of St. Petersburg dated May 27, 2003 N 280-25 “On quotas of jobs for the employment of disabled people in St. Petersburg.” According to this Law for organizations with more than 100 employees, a quota for hiring disabled people is established in the amount of 2.5% of the average number of employees. And in Leningrad region the legal, economic and organizational basis for quotas of jobs for disabled people are determined by the Regional Law of the Leningrad Region of October 15, 2003 N 74-oz “On quotas of jobs for the employment of people with disabilities in the Leningrad Region”. By virtue of this Law, organizations located on the territory of the Leningrad Region, regardless of their organizational and legal forms and forms of ownership, whose number of employees is more than 100 people, are set a quota for hiring disabled people in the amount of 3% of the average number of employees.

Note. Please note that organizations must not only provide workplaces for the employment of people with disabilities. In addition, they are obliged to submit monthly information to the employment service authorities about the availability of available jobs and vacant positions, created or allocated jobs for the employment of disabled people in accordance with the established quota for hiring disabled people, including information about local regulations, containing information about these jobs, fulfillment of the quota for hiring disabled people. This is required by Art. 25 of the Law of the Russian Federation N 1032-1.

Special jobs for employing disabled people - jobs that require additional measures on labor organization, 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 people with disabilities. Special workplaces for the employment of disabled people are equipped (equipped) by employers, taking into account the impaired functions of disabled people and limitations in their life activities in accordance with the basic requirements for such equipment (equipment) of these workplaces, determined by the federal body executive power, carrying out the functions of developing and implementing state policy and legal regulation in the field of labor and social protection of the population.

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 (Article 22 of Law No. 181-FZ).

Note! Administrative liability has been established for the employer's failure to fulfill the obligation to create or allocate jobs for employing disabled people in accordance with the established quota for hiring disabled people.

According to Art. 5.42 of the Code of the Russian Federation on administrative offenses(hereinafter referred to as the Code of Administrative Offenses of the Russian Federation) fine for this administrative violation, as well as for refusal to hire a disabled person within the established quota, amounts for officials from 5,000 to 10,000 rubles.

An unjustified refusal to register a disabled person as unemployed in accordance with the same article shall entail the imposition of an administrative fine on officials in the amount of 5,000 to 10,000 rubles.

A Art. 19.7 of the Code of Administrative Offenses of the Russian Federation provides for liability for failure to submit or untimely submission to government agency(official) information (information), the submission of which is provided for by law and is necessary for this body (official) to carry out its legal activities, as well as the submission to a state body (official) of such information (information) in incomplete volume or in a distorted form, except for the cases provided for in Art. 6.16, part 4 art. 14.28, Art. Art. 19.7.1, 19.7.2, 19.7.3, 19.7.4, 19.7.5, 19.7.5-1, 19.7.5-2, 19.7.7, 19.7.8, 19.8 Code of Administrative Offenses of the Russian Federation. This violation entails a warning or the imposition of an administrative fine:

For officials - from 300 to 500 rubles;

On legal entities- from 3000 to 5000 rub.

A similar penalty will be applied for submitting information (information) to a government body (official) incompletely or in a distorted form.

Next, we will consider the procedure for quotas for jobs based on the Law of Moscow dated December 22, 2004 N 90 “On quotas for jobs” (hereinafter referred to as Law N 90) and the Regulations on quotas for jobs in Moscow, approved by Decree of the Moscow Government dated 4 August 2009 N 742-PP (hereinafter referred to as Regulation N 742-PP). But first, we note that the activities of Moscow employers in terms of job quotas are coordinated by the Moscow Department of Labor and Employment, as indicated by Regulation No. 742-PP.

Quotas for jobs according to Art. 2 of Law No. 90 is carried out, in particular, for disabled people recognized as such federal institutions medical and social examination, in the manner and under the conditions established by the Government of the Russian Federation.

Employers, regardless of the organizational and legal forms and forms of ownership of organizations, with the exception of public associations of disabled people and organizations formed by them, including business partnerships and societies, the authorized (share) capital of which consists of the contribution of a public association of disabled people, organize quota workers in Moscow places at their own expense.

The fulfillment of the quota for hiring (hereinafter referred to as the quota) for disabled people is considered to be the employment by an employer of disabled people who have recommendations for work, confirmed by the conclusion of an employment contract, the validity of which in the current month was at least 15 days.

So, according to clause 2.1 of Regulation N 742-PP, employers in month period After state registration with the tax authorities, they must register with the State Treasury Institution of Moscow "Job Quota Center" (hereinafter referred to as the Quota Center).

The absence of registration with the Quota Center does not relieve employers from fulfilling the obligations assigned to them by Law No. 90.

When registering with the Quota Center, employers must present the information and notarized documents specified in clause 2.2 of Regulation No. 742-PP.

When registering, the employer is assigned a registration number, which is indicated when submitting statistical reports.

Employers have the right to submit these documents on their own initiative.

Please note that the employer must notify the Quota Center about all changes in registration data; in the event of a change in the place of registration of the employer with the tax authorities, the employer must undergo re-registration at the Quota Center, and in the event of liquidation of the organization, deregistration, which is established by clause 2.3 of the Regulations N 742-PP.

Registration, re-registration and de-registration are carried out free of charge (clause 2.3 of Regulations N 742-PP).

Based on Part 2 of Art. 4 of Law No. 90, clause 2.6 of Regulation No. 742-PP, employers must create or allocate jobs, in particular, for the employment of people with disabilities. Moreover, employers must create or allocate jobs in accordance with the established quota.

Note! By virtue of Art. 3 of Law No. 90, employers operating in the territory of Moscow, whose average number of employees is more than 100 people, are set a quota of 4% of the average number of employees: 2% - for the employment of people with disabilities and 2% - for the employment of categories of youth, specified in Part 1 of Art. 2 of Law No. 90.

In this case, the employer independently calculates the size of the quota based on the average number of employees employed in 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 number.

If the number of disabled people hired for quota jobs is more than 2% of the average number of workers, the number of quota jobs in relation to the categories of youth specified in Part 1 of Art. 2 of Law No. 90, is reduced by the corresponding amount.

Jobs are considered created (allocated) if disabled citizens are employed in them.

According to Part 3 of Art. 4 of Law No. 90, clause 2.7 of Regulation No. 742-PP, the employment of citizens against the established quota is carried out by employers independently, taking into account proposals from the authorized executive authorities of Moscow in the field of employment and social protection of the population, as well as public organizations disabled people and youth.

By virtue of Part 4 of Art. 4 of Law No. 90, clause 2.9 of Regulation No. 742-PP, employers subject to quota conditions are required to submit quarterly information on the fulfillment of the established quota to the Quota Center by the 30th day of the month following the reporting quarter. Specified information employers must submit in Form N 1-quota, approved by Order of the Department of Labor and Safety of Moscow dated March 1, 2012 N 119 “On the organization of regional statistical reporting in the field of quotas for jobs for people with disabilities and youth.”

Note. Please note that the Quota Center prepares summary statistical and other reports on the implementation of established quotas by employers, as well as proposals on issues of job quotas for the Moscow Department of Labor and Employment, which coordinates work on job quotas in Moscow (clause 2.10 Regulations N 742-PP).

Statistical reports prepared by the Quota Center, proposals from interested executive authorities of Moscow, public and other associations are submitted to the Moscow Department of Labor and Employment, which coordinates the work on quotas for jobs in Moscow (clause 2.11 of Regulation No. 742-PP ).

The Quota Center, on behalf of the Department of Labor and Employment of the City of Moscow, which coordinates the work on quotas for jobs in Moscow, exercises control, in particular, over the employment of disabled people in quota-based jobs (clause 2.12 of Regulation No. 742-PP).

In case of failure to fulfill the obligation to create or allocate quota jobs, an administrative penalty may be imposed on the employer in accordance with the Moscow Code of Administrative Offenses.

So, on the basis of Art. 2.2 of Moscow Law No. 45 of November 21, 2007 “Moscow City Code on Administrative Offences”, failure by an employer to fulfill the obligation established by Moscow legislation to create or allocate quota jobs entails the imposition of an administrative fine:

For officials in the amount of 3,000 to 5,000 rubles;

For legal entities - from 30,000 to 50,000 rubles.

The amount of administrative fines is subject to credit to the budget of the city of Moscow or to the budgets of intracity municipalities Moscow is ok, established by law of the city of Moscow on the budget of the city of Moscow for the corresponding financial year.

Let us note that Moscow Law No. 45 (as follows from the preamble to this Law) establishes administrative liability for issues not included in the jurisdiction of the Russian Federation by the Code of Administrative Offenses of the Russian Federation, including for violation of the norms and rules provided for by laws and other regulatory legal acts of the city Moscow, regulatory legal acts of authorities local government in Moscow.

CITIES OF MOSCOW

About job quotas

Document with changes made:
(Bulletin of the Mayor and Government of Moscow, No. 24, Volume 1, 04/28/2009);
(Official website of the Moscow City Duma www.duma.mos.ru, 05/19/2014).
____________________________________________________________________

This Law establishes the legal, economic and organizational basis for quotas of jobs in the city of Moscow for hiring people with disabilities and youth, creating and maintaining (modernizing) special jobs for people with disabilities, creating jobs for youth, as well as ensuring unhindered access for people with disabilities to jobs and infrastructure of organizations (preamble as amended, put into effect on May 9, 2009 by Moscow City Law No. 4 of April 8, 2009.

Article 1. Legal basis for job quotas in the city of Moscow

Quotas for jobs in the city of Moscow are carried out on the basis of the Constitution of the Russian Federation, federal laws and other regulatory legal acts of the Russian Federation, the Charter of the City of Moscow, this Law and other legal acts of the city of Moscow.

Article 2. Conditions for quotas for jobs

1. Quotas for jobs are carried out for people with disabilities recognized as such by federal institutions of medical and social expertise, in the manner and under the conditions established by the Government of the Russian Federation, and youth of the following categories: minors aged 14 to 18 years; persons from among orphans and children left without parental care, under the age of 23; graduates of primary and secondary institutions vocational education aged from 18 to 24 years, higher professional education aged from 21 to 26 years, job seekers for the first time by Moscow City Law No. 4 of April 8, 2009.

2. Employers, regardless of the organizational and legal forms and forms of ownership of organizations, with the exception of public associations of disabled people and organizations formed by them, including business partnerships and societies, the authorized (share) capital of which consists of the contribution of a public association of disabled people, organize quota-based jobs at their own expense.

3. The fulfillment of the hiring quota (hereinafter referred to as the quota) is considered to be:

1) in relation to disabled people - employment by the employer of disabled people who have recommendations for work, confirmed by the conclusion of an employment contract, the validity of which in the current month was at least 15 days;

2) in relation to the categories of youth specified in part 1 of this article - employment by the employer of youth, confirmed by the conclusion of an employment contract, the validity of which in the current month was at least 15 days, or monthly payment to the budget of the city of Moscow of the compensatory cost of a quota-based workplace in the amount of subsistence the minimum for the working population, determined in the city of Moscow on the day of its payment in the manner established by the regulatory legal acts of the city of Moscow.
(Part as amended, put into effect on May 9, 2009 by Moscow City Law dated April 8, 2009 No. 4

Article 3. Procedure for establishing a quota

1. Employers operating in the city of Moscow, whose average number of employees is more than 100 people, are set a quota of 4 percent of the average number of employees: 2 percent - for the employment of disabled people and 2 percent - for the employment of categories of youth specified in part 1 of Article 2 of this Law (as amended, entered into force on May 9, 2009 by the Law of the City of Moscow dated April 8, 2009 No. 4.

2. The employer independently calculates the size of the quota based on the average number of employees employed in the city of Moscow. The average number of employees in the current month is calculated in the manner determined by the federal executive body authorized in the field of statistics. When calculating the number of workers employed under the quota, their number is rounded down to the whole number.

3. If the number of disabled people hired for quota jobs is more than 2 percent of the average number of workers, the number of quota jobs for the categories of youth specified in Part 1 of Article 2 of this Law is reduced by the corresponding amount (as amended, entered into force on May 9, 2009 by Moscow City Law No. 4 of April 8, 2009.

Article 4. Implementation of the rights and obligations of employers

1. Employers have the right to request and receive, in the manner established by the Moscow Government, information necessary when creating quota jobs.
(Part as amended, put into effect on May 9, 2009 by the Moscow City Law of April 8, 2009 N 4, by the Moscow City Law of April 30, 2014 N 20.

2. Employers, in accordance with the established quota, are obliged to create or allocate jobs for the employment of disabled people and categories of youth specified in Part 1 of Article 2 of this Law. Jobs are considered created (allocated) if citizens of the specified categories are employed in them (as amended, put into effect on May 9, 2009 by Moscow City Law No. 4 of April 8, 2009.

3. Employment of citizens against the established quota is carried out by employers independently, taking into account proposals from executive authorities of the city of Moscow authorized by the Moscow Government, as well as public organizations of disabled people.
(Part as amended by the Law of the City of Moscow dated April 8, 2009 No. 4; as amended by the Law of the City of Moscow dated April 30, 2014 No. 20.

4. Employers that meet the requirements of Part 1 of Article 3 of this Law are required to submit quarterly information on the fulfillment of the quota in the manner established by the Moscow Government.
(Part as amended, put into effect on May 30, 2014 by Moscow City Law No. 20 dated April 30, 2014.

Article 5. Administrative liability for failure to comply with this Law

Failure by the employer to fulfill the obligation established by this Law to create or allocate quota jobs entails administrative liability in accordance with the Moscow City Code of Administrative Offenses (article as amended, put into effect on May 9, 2009 by the Moscow City Law of April 8, 2009 No. 4.

Article 6. Economic support for employers

Employers carrying out measures to create and maintain (modernize) quota jobs, as well as to ensure unimpeded access for people with disabilities to workplaces and the infrastructure of organizations, are provided with the following economic support measures:

1) provision of funds from the budget of the city of Moscow for the implementation of measures to create, preserve (modernize) jobs for people with disabilities, create jobs for youth, ensure unhindered access of people with disabilities to jobs and the infrastructure of organizations in the manner established by the Moscow Government;

2) placement of government orders in the manner established by federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the city of Moscow;

3) provision tax benefits in accordance with federal laws and laws of the city of Moscow.
(Clause as amended, put into effect on May 30, 2014 by Moscow City Law No. 20 dated April 30, 2014.
(Article as amended, put into effect on May 9, 2009 by Moscow City Law of April 8, 2009 No. 4

Article 7. Final provisions

1. This Law comes into force 10 days after its official publication.

2. This Law applies to legal relations that arose from January 1, 2005.

3. The Mayor of Moscow and the Moscow Government should bring their regulatory legal acts in accordance with this Law within two months from the date of its entry into force.

4. Recognize Moscow City Law No. 47 of November 12, 1997 “On quotas for jobs in the city of Moscow” and Moscow City Law No. 32 of June 26, 2002 “On introducing amendments and additions to the Moscow City Law of November 12, 1997” as no longer in force N 47 "On quotas for jobs in the city of Moscow".

Mayor of Moscow
Yu. Luzhkov

Revision of the document taking into account
changes and additions prepared
JSC "Kodeks"

Quota-based workplace- what it is?

For a certain category of citizens, the state has provided for mandatory reservation of jobs. Such places are called quota places. Quota-based workplace: what it is and for what category of citizens it is provided.

What is the essence of quotas?

The essence of quotas is that the company’s management allocates a set number of quotas (jobs) for a category of citizens defined by law. Quotas are the responsibility of the employer. For these purposes, the administration must create a special workplace and allocate it for the employment of persons sent under the quota.

The number of places that an employer must create and allocate according to a quota depends on the number of employees in the company.

Labor Relations in cases of admission under a quota arise on the basis of Art. 16 Labor Code of the Russian Federation. Conclusion employment contracts occurs after beneficiaries are sent to work by authorized bodies against the allocated quota.

What does a quota workplace mean?

This place is a vacancy, a position specially created and reserved for persons who have a quota.

For what category of citizens?

Law No. 1032-1 of April 19, 1991 on employment defines the main directions of state policy in the field of supporting employment of the population. Activities aimed at helping citizens who may experience difficulties in finding work are also identified. These include:

• disabled people;
• persons released from penal institutions;
• persons of pre-retirement age (these include those who have 2 years left until their old-age retirement pension);
• minors (persons aged 14 to 18 years);
• internally displaced persons and refugees;
• large and single parents raising minors or disabled children;
• persons discharged from military service;
• citizens from 18 to 20 years old with secondary vocational education looking for work for the first time;
• persons affected by radiation accidents (Chernobyl and other disasters).

By virtue of this law, the state provides additional guarantees to persons for whom it is difficult to get a job. Such support is provided, among other things, by establishing a quota for hiring disabled people.

Regional legislation may apply the quota not only to people with disabilities, but also to other persons in need of employment assistance listed above

Quotas for disabled people

Law No. 181-FZ of November 24, 1995 on social protection of disabled people imposes the obligation on the employer to:

• develop and approve local regulations that contain information about quota-based jobs;
• create jobs and allocate them for the employment of disabled people.

The average number of employees does not include personnel whose working conditions are classified as dangerous and (or) harmful conditions labor (which must be confirmed by workplace certification or a special assessment).

Public associations of disabled people and companies created by them, including societies and business partnerships, are exempt from observance of mandatory quotas if their authorized capital consists of the contribution of this association.

The number of quotas must be established by the legislation of a specific subject of the Russian Federation.

Employment service notification

Employers, in addition to creating jobs, are also required to notify the employment service authorities that the company has fulfilled its duty to set job quotas. According to Part 3 of Article 25 of the Law on Employment, employers are required to send information to these services every month about jobs created under the quota. In addition to information about the jobs created, it is also necessary to inform about local regulations containing information about the fulfillment of the quota. All this information is provided according to approved forms.

Responsibility

Administrative liability is provided for the company's failure to fulfill the obligation to allocate and create places to work according to the established quota.

According to Art. 5.42 of the Code of Administrative Offenses of the Russian Federation, the fine for such a violation, as well as for refusal to employ a disabled person under a quota, ranges from 5,000 to 10,000 rubles.

For Russian citizens who belong to a vulnerable category of the population, programs are applied social policy, aimed not only at protecting their rights, but also at improving the quality of life. The government reviewed and approved a number of regulations defining the procedure for employing people with disabilities in enterprises, implemented through quota regulation of their ratio in relation to total number workers.

What is job quotas?

Job quotas

Job quotas for people with disabilities determine the minimum number of jobs reserved for citizens who find it difficult to find employment without taking advantage of the social protection program. The quota value is calculated as a percentage of the total number of employees, determined according to the approved staffing table. According to Labor Code, the enterprise is obliged to hire a disabled person sent by authorized bodies for employment, provided that the company does not comply with quota requirements due to understaffing in the required ratio of employees.

Why quotas are used

In a world of unstable economic conditions, finding work is difficult even for healthy citizens. And if a person is disabled, which limits his capabilities and abilities, then it is even more difficult for him to find a job. Disability pensions are small, and this category of people often needs money for treatment, which forces them to look for work. By enacting quota legislation, the state decided to help unemployed citizens who are disabled.

According to approved regulatory requirements, entities entrepreneurial activity Those who use hired labor are required to employ a certain number of vulnerable citizens.

Who can use the preferential right

State policy promoting employment is aimed at a number of categories of citizens who find it difficult to find work on their own due to being classified as an unpopular category of workers:

• disabled people;
• under 18 years of age;
• elderly people, pre-retirement age;
• released after being in prison;
• refugees;
• parents, single or with many children;
• discharged from military service;
• without work experience after graduating from a secondary vocational institution, at the age of 18-20 years.

Read also: Dumping: what is it in simple words

Implementation mechanism

How to properly register a disabled person for work

A quota-based workplace is presented in the form of a vacant position, which is reserved in advance by the state. It is intended for employment of a special category of citizens who find it difficult to find work on their own.

The law on job quotas for people with disabilities is applicable to business entities, regardless of the industry.

Its diverse goals are to provide guarantees during events that provide employment opportunities, self-realization, career growth and getting an education. A workplace allocated to a disabled person under a quota must allow the employee to carry out professional activity without harming your health.

How to prepare a workplace for a disabled person

To do this, you need to take into account some important parameters things you need to find out about a potential employee. These include health status and a list medical contraindications. It is also important to take into account harmful production factors at work.

Applicable benefits for disabled people

The regulation on quotas of jobs in an organization for people with disabilities determines the need to reserve them in an amount depending on the number of employees on the payroll. If, staffing table The enterprise assumes the number of employees is less than 35 people, then 1 place is subject to quotas. If 100 employees are employed, at least 4 places should be reserved. For large enterprises with more than 100 employees, 2-4 percent of the total amount should be reserved for the employment of disabled people. total number workers.

If the staffing table of a business entity includes less than 35 employees, then the organization may not participate in social program and not submit appropriate reports.

Reporting

Regulating the needs of citizens

In each region, a separate list of citizens in need of employment is formed. Disabled people have priority right to assistance. The remaining categories are provided with assistance in ensuring normal living conditions based on their economic situation and capabilities federal budget, as well as the availability of reserves at enterprises engaged in economic activity within a specific region. Regulation of quota values ​​for disabled people and other categories of citizens is carried out in accordance with statistical data that generates lists of those in need of help.

The standards for providing jobs to beneficiaries are established at the legislative level. Thus, a quota for disabled people at an enterprise is provided if there are more than one hundred employees on staff.

In addition, a number of powers for the social protection of citizens have been transferred to the constituent entities of the federation. They adopt their own regulations. Consequently, an entrepreneur is obliged to comply not only with the all-Russian law on job quotas for people with disabilities, but also with regional norms. And this leads to the need to organize special work in this direction.

General concept of quotas

Under quotas in general case is understood job reservation. It is done by creating documents that describe the rules:

• allocation of vacancies in the staff;
• hiring workers in preferential categories;
• provision of privileged employees:
  • special conditions;
  • necessary equipment and space to perform duties.

Reservations in production are carried out taking into account:

• norms of current legislation applicable to an economic entity;
• working conditions;
• industries and others.

For accounting in work: compliance with regulatory requirements is strictly checked by regulatory organizations.

The legislative framework

The norms for mandatory quotas are given in Law No. 181-FZ of November 24, 1995. Thus, the first part of Article 21 states:

“For employers whose number of employees exceeds 100 people, the legislation of the constituent entity of the Russian Federation establishes a quota for hiring disabled people in the amount of 2 to 4 percent of the average number of employees. For employers whose number of employees is no less than 35 people and no more than 100 people, the legislation of a constituent entity of the Russian Federation may establish a quota for hiring disabled people in the amount of no more than 3 percent of the average number of employees.”

Moreover, the obligation to reserve places for the application of forces for citizens with health limitations applies to business entities, regardless of their form of ownership. Thus, individual entrepreneur or the state corporation must provide special conditions labor for beneficiaries in their state, if the number of employees exceeds 35 people.

The following enterprises are exempt from the mandatory employment of disabled employees:

• public organizations of citizens with disabilities;
• companies with small numbers.

Important: it is prohibited to provide disabled people with jobs of a high danger category. Data is taken from certification sheets.

The interaction between the state and market participants in the field of providing social guarantees to disabled people is described in more detail in Law No. 1032-1 of April 19, 1991. In particular, the 13th article of the act confirms the guarantee for people with physical limitations for labor. And Article 25 obliges entrepreneurs to take part in this work.

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Powers of the regions

Article 20 of Law No. 181-FZ classifies the employment of people with disabilities as the responsibility of the subjects of the federation. Regional authorities are obliged to develop a procedure for conducting special events to provide social guarantees to beneficiaries and organize its implementation by market participants.

• In this case, the reservation standards can be:
• executed in the amounts specified in Article 21 of the said law;

increased.

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• In addition, regional executive authorities are required to carry out measures to:
• involvement of people with disabilities in business activities; creating conditions for them vocational training
• (repurposing);

stimulating the creation by entrepreneurs of working conditions for people requiring social protection.

• For example, enterprises registered in the Kamchatka Territory are subject to the provisions of local law No. 284 of June 11, 2009. The number of quota places in it coincides with the same as provided for by the all-Russian act. The maximum parameters are established by laws:
• Stavropol Territory No. 14-kz dated March 11, 2004;

increased.

Ulyanovsk region No. 41-OZ dated 04/27/09.

General procedure for reserving jobs for people with disabilities

1. Strict rules regarding the provision of social guarantees to workers with health problems impose serious obligations on entrepreneurs. Their implementation in practice consists of the systematic implementation of several organizational activities. They are:
2. Determination of the obligation of an enterprise (organization) to comply with legal requirements. To do this, all-Russian and regional regulations are studied (the list depends on the place of registration of the business entity).
3. Calculation of quota norms. You should start from the number of staff (and not the nominal number of employees).
4. Creation and approval of local documents.
5. Registration of registration with employment authorities.

Hint: the task of implementing the norms of laws No. 181-FZ and No. 1032-1 arises after the number of employees reaches 35 people.

Study of legislative norms

Each enterprise creates staffing table. The document contains a list of positions and the number of employees occupying these vacancies. According to the form of drawing up the paper, it is necessary to display the final indicators. They make up staffing level, which the legislation is aimed at.

If the result is more than 35 employees, then according to Law No. 181-FZ at least one of them must be a beneficiary. Regional regulations may contain different figures. Consequently, their text should also be carefully studied and implemented.

Hint: the actual number of workers is not a basis for refusing quotas.

Example. The head of Storm LLC approved the following staffing table (excerpt given):

In fact, the enterprise employs 28 people. 10 positions remain vacant. However, after approval of the structure, the LLC is obliged to immediately comply with the reservation standards.

Attention: regional legislation may link the standards for reserving vacancies for people with disabilities and for young people. For example, such a rule is laid down in Moscow city law No. 90. Download for viewing and printing:

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Quota calculation

The next step is to calculate the number of vacancies that need to be provided for persons with physical disabilities. This is done in accordance with the instructions of Rosstat on filling out form No. P-4, approved by Order of the government agency No. 566 dated 01.09.17.

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The formula for determining the number of preferential places is as follows:

• staffing x the norm defined in the acts.

Attention: those for which an increased degree of harmfulness or danger has been established should be immediately excluded from the number of workplaces.

As of 2019-2020, it is not determined what to do in case of receiving a fractional result. For example, the company has 121 employees. It is necessary to plan 4% of places for people with disabilities. The definition gives the following result:

• 121 people x 0.04 = 4.84

As a rule, general arithmetic rounding rules are used. Although no clarification has been issued on this issue yet.

Preparation of local acts

At enterprises for which compliance with the law on quotas is mandatory, the following documents should be created:

1. Regulations on quotas for labor places for citizens of preferential categories. It contains the following data:
   • quota sizes and categories of citizens;
   • the procedure for implementing measures in this direction;
   • responsible official.
2. Order on the allocation of vacancies, which must contain specific data:
   • about the position provided to a disabled person;
   • on necessary changes in the conditions and procedure for carrying out labor duties;
   • about the person responsible for execution.

Important: The procedure contains principles for organizing work, and the order provides information about the specific responsible employee. Download for viewing and printing:

As a rule, in large organizations, the personnel department is responsible for providing social guarantees to people with disabilities. Therefore, responsibility rests with the head of the department. He, in turn, can issue an act on the redistribution of responsibilities.

Registration with employment authorities

The next stage is to establish official interaction with the Employment Center (EC). To do this you need to take the following steps:

1. Study the by-laws at the regional level that describe the procedure for submitting an application.
2. Collect a package of documents.
3. Submit them to the central office at the place of registration of the enterprise.
4. Receive written notification of the completion of the registration process with the Central Planning Commission as an enterprise that meets the quota conditions.

Hint: the government agency’s response will contain registration number. It is necessary for verification of the subject (indicated in reports).

Interaction with the Employment Center

In order to comply with Article 25 of Law No. 1032-1, companies are required to submit monthly reports to the Central Bank. Since 2018, reporting has been submitted according to the form contained in Appendix No. 9 to Rosstat Order No. 566 dated 01.09.17. The form contains the following information:

• about the number of vacancies;
• on the number of places allocated to beneficiaries;
• about hired employees, including disabled people;
• on approved local acts relating to quotas;
• on the implementation of quota legislation.

Download for viewing and printing: Hint: business entities are required to submit reports of similar content to the statistical authorities (form No. P-4). Only small entrepreneurs are exempt.

Responsibility for failure to comply with legal requirements

The employer's activities in providing jobs to persons belonging to preferential categories, is controlled by the Rostrudinspektsiya. Moreover, at the local level, the implementation of both all-Russian and regional standards and compliance with the rules of the corresponding level are checked. The government agency carries out planned and unscheduled activities. In addition, he is obliged to respond to citizens’ requests related to violations of labor guarantees.

Responsibility for violation of federal acts is provided for in the articles of the Code of Administrative Offenses (CAO). So. Violation of deadlines provision of primary statistical reporting is punishable under Article 13.19. Its text contains information about penalties imposed on:

• officials in the amount of 10 to 20 thousand rubles;
• for organizations - from 20 to 70 thousand rubles.

Identification of a repeated violation will lead to an increase in punishment:

• officials are subject to a fine of 30 to 50 thousand rubles;
• legal entity - from 100 to 150 thousand rubles.

And Article 5.42 of the Code of Administrative Offenses regulates the punishment for refusal to employ a person with a disability in the amount of 5 to 10 thousand rubles. A sanction is imposed on the guilty official.

Download for viewing and printing: Hint: in the regional regulatory framework may contain other measures of influence on violators.

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Last changes

In July 2019 it was adopted new law O social entrepreneurship, according to which special social enterprises should appear in Russia, obligated to employ socially protected categories of citizens. Among them, including people with disabilities.

Our experts monitor all changes in legislation to provide you with reliable information.