The labor legislation in force in our state is designed to ensure equal rights and opportunities for all citizens. This allows you to realize yourself in the work of such a category of citizens as people with disabilities.
Today, there are government programs that allow people with disabilities to adapt to real-life conditions. As a rule, when it comes to employment, this applies to such categories as persons with disabilities of the 3rd or persons with disabilities of the 2nd group. Whether people with these health restrictions can work depends largely on the degree of disability.
In fairness, we can say that, without exception, all people recognized as disabled receive state assistance, including financial assistance, in the form of a disability pension and a number of other payments. But we have to admit that the size of the pension for this category of citizens is more than modest. This is one of the reasons why most people with disabilities decide to get a job. In this case, it will be useful to know what restrictions exist for a disabled person who wants to find work, as well as what rights and obligations workers with disabilities have, and is it possible to work with the 2nd group of disabilities?
Who is recognized as a disabled person of the 2nd group
According to current laws, a person with a permanent disorder of body functions is recognized as disabled, in connection with which there is a restriction on vital functions. Handicapped person acquires the second disability group if his full life activity is limited due to health disorders or he has persistent disorders of any body functions resulting from an injury or illness. Also, a person who needs rehabilitation, social protection measures is assigned the status of a disabled person of the second group
A medical and social examination (ITU) can be recognized as a disabled person of the 2nd group of a person who, during the examination, revealed the following diseases of moderate severity:
• Disorders of body functions, the cause of which is physical inferiority.
• Speech disorders due to dysfunction of voice formation or stuttering.
• Mental disorders.
• Damage to the circulatory system or the respiratory system of the body.
• Sensory disorders, that is, dysfunctions of the sensory organs.
Disability of the 2nd group is established for a period of 1 year, in the future, the disabled person must undergo re-examination to determine the state of health.
The ITU Bureau issues a certificate confirming disability with information about the disability group and a conclusion on whether it is possible for a disabled person of group 2. People with disabilities who are allowed to perform labor functions without contraindications are given, in addition to the certificate, an Individual Program for the Rehabilitation of the Disabled (IPR) with recommendations on the organization of labor.
Duty to work: should a person with a disability of the 2nd group work
People of the older generation, of course, can remember the times when the duty to work and benefit the state and society lay on every able-bodied citizen of our country. This also concerned the disabled people of the so-called working groups. What is the situation today? Is a disabled person of group 2 obliged to work and can someone restrict the rights of a disabled person in this category?
Today, even provided that the 2nd group of disability is legally recognized as working, that is, it assumes that a disabled person can find a job, there is no legislative obligation to work for a person with disabilities. Moreover, the state provides a number of social assistance measures for people with disabilities, including for people with disabilities of the 2nd group. The assistance includes the payment of a disability pension, a package of benefits for travel in public transport, for the purchase of medicines necessary for a disabled person, the possibility of spa treatment, as well as monthly cash payments from the Pension Fund of the Russian Federation. In addition to these measures, regional subsidies for the disabled are provided for in some constituent entities of the Russian Federation, and subsidies for housing and communal services are provided for low income families of the disabled.
But we have to admit that even the support provided to people with disabilities from the state is often not enough for a decent standard of living for the disabled person and his family. Often a person with disabilities is ready to find a job, begin full-fledged work as much as possible, even agreeing with the condition that for this it will be necessary to lose the right to part of the benefits and guarantees from the state. So can a disabled person of 2 groups work and what kind of restrictions and contraindications exist for this category of employees?
The right to work for a person with a disability
Current legislation does not just give the right to exercise labor functions to persons with disabilities of the 2nd group. Legislators also provide for the fact that citizens with disabilities need support and special working conditions. Therefore, the Labor Code of the Russian Federation and laws relating to people with disabilities, working disabled people, along with general rights, provide a number of additional guarantees. The state also defined benefits for admission to an educational institution for people with disabilities who want to get a profession.
Maintaining the competitiveness of people with disabilities in the labor market helps employers duty create a quota for hiring workers with a disability for hiring. In practice, this means that companies employing at least 35 people are required to enter into contracts with employees with disabilities, while providing them with working conditions that are consistent with ITU's individual labor recommendations. Employers must provide monthly information on the availability of vacant quota jobs to the base of the Employment Center.
What documents are required for employment of a disabled person of the 2nd group
Another question that often arises during employment: is a person with disabilities required to present documents proving disability to the employer?
The Labor Code, and specifically Article 65, provides an exhaustive list of documents required for employment:
• identity document an employee, most often a passport;
• work book (if the employee is not employed for the first time and is not accepted concurrently),
• SNILS;
• document on education if the work requires special professional skills;
• military registration document (military ID), only for those liable for military service (s) or subject to military conscription.
The employee is not required to provide other documents during employment. However, a person with disabilities has the right to confirm documents with a disability.
Documents for confirming disability in employment
To confirm a disability, the employee must provide the following documents:
• A certificate from the ITU Bureau confirming the conduct of a medical and social examination, based on which a disability group was established and, if available, the degree of disability.
• An individual rehabilitation program for a disabled person.
The IPR contains the following information for the employer: what contraindications does this employee have for disability of group 2, is it possible to work for him in the existing quota position, is it necessary to create additional special conditions at the workplace, or to purchase special equipment.
The employer must comply with all the recommendations specified in the IPR regarding working conditions and the workplace for a disabled worker. Very often, it is the requirements of labor legislation to create acceptable working conditions for people with disabilities that cause employers not to readily conclude labor contracts with people with disabilities. In fact, creating conditions or equipping a workplace that meets labor recommendations in the IPR will not necessarily be too complicated or expensive. In most cases, we are talking only about a few not the most costly measures that make it easier for a disabled worker to access the workplace or reduce the impact of negative factors. For example, installing ramps or installing an acceptable level of lighting or ventilation in the workroom.
In addition, the employee himself with a disability has the right to officially refuse to comply with all or part of the recommendations specified in his rehabilitation program.
You can get a job on a common basis, without a certificate of disability and IPR, but at the same time, all additional guarantees will not be provided to the disabled person. This applies even to those categories of workers who have clear signs of disability. In this case, the liability provided for non-compliance with the guarantees and legal rights of the disabled person is removed from the employer.
But it is worth keeping in mind that if a disabled person of group 2 works on a common basis, without confirming the existing disability, the law provides for the right to submit supporting documents to the employer at any time. In this case, the labor agreement (contract) of the disabled employee must be amended to provide all statutory benefits and guarantees, and for the employee it will be necessary to create working conditions corresponding to his IPR.
Restrictions for a person with a disability of the 2nd group
Despite the fact that people with disabilities have the right to work, nevertheless, work should not be contraindicated for a disabled person for medical reasons and health status.
Contraindications available for employment of a person with disabilities depend on what kind of disease people with disabilities 2 groups have. Whether disabled people can work in the proposed position, the employer must determine, based on the nature of the work and the recommendations of the IPR.
What should the employer focus on when accepting a disabled employee to work or refusing him so as not to break the law? And how does the employee himself get information, does he have the right to apply for employment in any specialty? For example, can a disabled person of 2 groups work as a driver, a loader, a repairman?
So, for example, large physical and nervous loads, the occurrence of stressful situations during the performance of labor functions are contraindicated for persons with disabilities with internal secretion organs, digestive or circulatory systems, and mental disorders.
In addition, health problems associated with mental disorders suggest a ban on work associated with increased noise, toxic substances, hazardous equipment, and active communication with people. It is forbidden to perform work at heights, work at a high pace or monotonous, requiring constant attention. These restrictions exclude for the disability associated with mental disorders, the work of the driver, the performance of labor functions in the shops of chemical enterprises or on the conveyor.
For disabilities associated with diseases of the visual apparatus, work should exclude any strain on the eyes, and the workplace should not be in dusty or poorly lit rooms.Particular attention should be paid to the employer of the safety of the visual apparatus, completely eliminating the possibility of eye injuries.
In case of speech impairment, it is forbidden for a disabled person to engage in work associated with constant verbal communication with people or with the issuance of speech commands and signals, work in conditions of loud noise or involving nervous (mental) strain.
Hearing impaired workers are completely contraindicated in types of work in adverse climatic conditions, work involving constant exposure to loud noise, chemical and (or) toxic substances, vibration, low-frequency or high-frequency sounds, as well as work requiring good hearing.
Separately, it is worth considering such a controversial, but quite common contraindication, as work at night. The presence of a ban on this type of work or its absence in the IPR is a decisive factor in deciding whether a disabled person of 2 groups will be able to work as a watchman, security guard or guard on a night shift. This contraindication is indicated for persons with disabilities with disorders of the digestive or respiratory system, impaired functioning of the organs of internal secretion and metabolic processes of the body, blood circulation.
This often raises the following question: if there are contraindications to night work, can a disabled person of the 2nd group work as a security guard or watchman in the daytime or in the evening? An employee who has such a contraindication can work from 6:00 a.m. to 10:00 p.m. if his workplace and working conditions comply with all ITU labor recommendations specified in the IPR.
In addition to the contraindications already indicated for the work of a person with disabilities, there are a number of other restrictions that, depending on the health disorder, disabled workers of the 2nd group may have. Whether employees of this category can work in a vacant position, primarily depends on the degree of disability specified in the IPR.
Degrees of disability
The degree of disability is indicated in the ITU certificate, which confirms the disability of group 2. Can I work if there is an indication of the degree of restriction in this help section?
3rd degree is the most difficult. It is assigned to those people with disabilities who, by decision of the ITU Commission, are not able to work. It is illegal to officially accept an employee who has a certificate indicating the 3rd degree, regardless of the desire of the employee. For this reason, the 3rd degree causes a lot of controversy. Human rights organizations insist that restrictions of this type discriminate against people with disabilities, depriving them of not only the right to work, but also the support of the Employment Center.
The 2nd degree of limitation of working capacity involves the performance of labor functions under conditions created taking into account the recommendations of IPR and / or at a specially equipped workplace, using additional means or equipment. To determine whether a disabled person of the 2nd group of 2 degrees can work in the position offered to him, one can be guided by the column “Recommendations on contraindicated and accessible types of labor” in the Individual Rehabilitation Program. The conclusion of an employment contract with a disabled employee having this degree of restriction imposes an obligation on the employer to create working conditions for this employee in strict accordance with the IPR. The exception is only cases when a disabled person voluntarily in writing refuses part of the conditions.
The “easiest” degree of restriction - the first - is set for disabled workers who are able to perform labor functions without special conditions, but with a decrease in the volume of professional production activities and (or) with a decrease in skills. Also to the 1st degree are cases when the employee is not able to perform work in his profession.
If people with disabilities of the 2nd group can work without restrictions, in this section of the ITU certificate of disability the mark “Not available” is made.
Is it possible to change the degree of disability
Is it possible to work with the 2nd group of disability, depends primarily on the assigned degree of disability. But will a 3rd degree always, especially awarded indefinitely, mean that a person with a disability has no chance of finding a formal job? Can people with disabilities of the 2nd group, if they wish, change the degree of disability? Can they work, for example, in a specially equipped workplace and (or) when creating the necessary working conditions?
Even the indefinitely established 3rd degree of OSTD is not necessarily the "final sentence" for the disabled person. The 3rd degree of the OTDS can be changed to the 2nd, by contacting the Bureau of the MEO with a statement. To do this, you must:
• Get directions to ITU (form 0-88 / y) at the clinic.
• Refer to the ITU Bureau with a referral, enclosing a statement addressed to the head of this organization. The statement must include a note that the examination is carried out with the aim of developing and issuing an Individual Program for the rehabilitation of a disabled person. Be sure to indicate in the column “Other” a request to change the 3rd degree of OSTD to the 2nd degree of OSTD.
Based on the results of the survey, the ITU Commission may decide to change the 3rd degree of the OSTD to the 2nd degree and give recommendations to the IPR or reject this request.
How official disability pension employment may affect
Does a disabled person of group 2 have the right to work under an employment contract, while receiving disability pension and other payments in the same amount as before employment? The pension granted to a disabled person of the 2nd group after employment will not be canceled or reduced. But changes may affect other payouts. For example, some types of regional subsidies or subsidies for housing and communal services may be canceled due to the improved financial situation of the disabled person and his family members. The cancellation will necessarily affect the pension supplement up to the subsistence level, if any, and unemployment pension.
Benefits for a working disabled person
The receipt of all statutory benefits directly depends on whether the disabled people of group 2 were officially employed, with the provision of all documents confirming disability to the employer.
Along with general rights and guarantees, for a disabled employee, labor legislation provides for a number of additional benefits:
• Reduced working hours.
• Contraindications to night shift work.
• A ban on engaging in any kind of overtime work without formal written consent.
• Restrictions on employment on weekends and holidays for employees with disabilities. Is it possible for a disabled person to work in groups 2 on holidays or weekends, is determined only in accordance with the medical report on the employee’s health status.
• Annual leave for a period of 30 calendar days.
• The right to annual leave without pay for up to 60 days.
In addition, a disabled worker, applying for a vacancy allocated under the quota for disabled people, can apply for a job without passing a probationary period. Upon termination of the employment contract (dismissal), the 2nd group disabled person is also provided with additional guarantees.
