In accordance with the legislation in force in the country, restrictions on labor duties and the rights of citizens, as well as the provision of benefits, are not allowed. This requirement applies regardless of race, gender, or social status. The Labor Code established that persons with disabilities have equal rights with other citizens to carry out work. This possibility is also provided for in Federal Law No. 181. Further, we consider the problems of employment of persons with disabilities.
General information
In Art. 21 of the aforementioned Federal Law, it is established that enterprises must introduce a certain quota. Employment of people with disabilities is carried out in organizations with more than 100 people in the amount of 3% of the average number of employees. This figure has been established since 2009. Until 2004, enterprises that did not accept staff people with disabilities health, should have deducted in favor of the state a fine for each such person. However, these payments have been canceled. Current legislation sets fines for the refusal of enterprise managers to employ disabled people within the current quota. This responsibility is provided for by Art. 5.42 Administrative Code.
Limitation
The legislation allows an exception in which the employer has the right to refuse the applicant. In accordance with Art. 3, part 3 of the Labor Code, the right to employ persons with disabilities for work may be limited if this is due to the need to provide care for persons who need enhanced social protection. In other words, if the proposed activity can harm a citizen, then he will be denied it.
Important point
The organization of employment of persons with disabilities is carried out in accordance with the recommendations of ITU experts. According to Art. 182 when transferring a citizen to a position with a lower payment in accordance with a medical opinion, he should retain his average earnings at the previous place for a month. If these events are associated with occupational disease, injury received in the performance of their duties, other injuries associated with them, then such payment of remuneration is carried out until the official disability is established or until the employee recovers.
Employment and employment of persons with disabilities
When enrolling a person with disabilities, it must be borne in mind that such a person needs special conditions and additional guarantees. The employment program for people with disabilities is in practice implemented with the support of social protection organizations and medical experts. Responsibility for complying with established requirements is usually the responsibility of personnel or an HR engineer. Employment of unemployed persons with disabilities is carried out taking into account recommendations on the permissible level of noise, electromagnetic radiation, dust, etc. The conditions that are granted to citizens should not worsen their situation with respect to other employees. This, in particular, is about salary, the mode of activity and rest, the duration of the annual paid vacation, extra days (days off, etc.).
Disability Employment Center
This organization maintains a register of citizens with disabilities, provides assistance to them, and also cooperates with enterprises.Vocational training and employment of persons with disabilities is carried out in accordance with the characteristics of their condition, education, preferences. Enterprises accepting such citizens to their staff may subsequently receive compensation for this. To do this, they should conclude relevant agreements with authorized organizations. Agreements may provide for the training and employment of persons with disabilities directly at the enterprise. To implement this, the production manager needs to create and equip places accordingly.
Process features
Employment of a disabled person is carried out after he submits the appropriate application to the employment center at the place of residence. Regulatory acts are adopted for each region, district, in which the planned figures are established. Employment of a disabled person is carried out with the direct participation of a representative of the personnel department of the company. He and the applicant are invited to the Central Office. In the presence of a service employee, a conversation is held. During it, the representative of the employer presents the candidate for the position of contract. It spells out the conditions under which the disabled person will be employed. The provisions of the contract determine the schedule, salary, term for which a citizen is credited to the state. The document is signed in the presence of a representative of the Security Center. After that, the head of the enterprise begins preparing the workplace. The purchase of equipment and other expenses are subsequently reimbursed by the Security Center.
Calculation of personal income tax
When calculating the personal income tax, an individual with a disability is entitled to the following deductions:
- 500 rubles / month In accordance with Art. 218 p. 2 of the Tax Code for such a deduction can expect invalids of the 1st and 2nd gr. and childhood.
- 300 rubles / month This deduction is provided for in sub. 1 p. 1 Article 218 Tax Code. It has the right to liquidators, people with disabilities, participants and other persons who suffered during a radiation accident during a nuclear weapon test and at nuclear facilities, combatants who received shell shocks, injuries, and injuries.
These benefits are provided every month, regardless of the size of the subject's annual income. In addition, reduced rates of insurance premiums are provided for persons with disabilities under paragraph 3 of article 1 of the article. 58 Federal Law No. 212. The provisions of this law apply:
- To public organizations of persons with disabilities.
- Companies in which payments are made to citizens having a 1, 2 or 3 group.
- Companies whose authorized capital is formed by the contributions of public organizations of persons with disabilities, the average number of which is not less than 50% and their salary in the payroll fund is not less than 1/4.
Companies are allowed to apply accrual benefits that benefit employees with disabilities. Contributions for injuries from the earnings of persons with disabilities are paid in the amount of 60% of the current insurance rate.
Mode of activity and rest
The legislation establishes a number of requirements for the heads of enterprises hiring people with disabilities:
- The duration of the shift for citizens having the 1st and 2nd groups should not be more than 35 hours a week.
- The duration of daily activities is set in accordance with the medical report of a competent medical institution.
- People with disabilities may be involved in work on weekends, overtime, or at night only upon their written consent and provided that it is allowed on the basis of their health.
- Citizens with disabilities operating in enterprises are entitled leave without pay. Its duration is up to 60 calendar days per year. In addition, paid leave of up to 30 days must be provided.
YPRES
Information about the presence of disability must be confirmed by a specific list of documents.The employer, in turn, can learn about certain contraindications, as well as special recommendations for organizing the activities of people with disabilities from a number of regulatory acts. One of them is IPR - an individual rehabilitation program. An example of its form is presented in Appendix 1 to the Order of the Ministry of Health No. 379n. In addition, confirmation of the presence of disability is carried out according to a certificate of medical and social examination. In the conclusion, the group and degree of restriction of the ability to carry out this or that activity are indicated.
Is a citizen obliged to present supporting documents?
Such an obligation is not provided for persons entering the state. The list of documents that a citizen must present does not contain these papers. This means that the applicant decides whether to attach them to the main package or not. An exception is cases when the employer requires a health certificate for admission to a vacancy of a closed type, where the proper condition of the employee acts as an integral condition of activity. This, for example, takes place when admitted to the Ministry of Internal Affairs. Some citizens choose not to advertise their disability before entering into an employment contract. After that, they begin to insist on providing them with preferential terms. In these cases, the tenant must act in accordance with the Labor Code. In particular, he must amend the contract taking into account the established guarantees for the employee.
What if the employee partially lost the ability to carry out previous activities?
When an employee receives a disability, the employer should find out if he has intentions to continue working. Then the employer must examine the documents that the employee will submit. There are several options for the development of events. When an employee is recognized as disabled, 1st gr. (ability to work, 3rd art.) he will not be able to continue to fulfill his duties. In this case, an appropriate conclusion will be given based on the results of the medical and social examination.
His individual rehabilitation program will not include recommendations and features of employment, as he will be recorded complete disability. For this reason, the enterprise may terminate the contract with the citizen. Upon dismissal, an employee must be paid severance pay. It is equal to the two-week average monthly earnings. If there was a job for a disabled person who already had the 1st group, then the employer has no right to dismiss him on the grounds indicated above. This is due to the fact that the head of the enterprise was aware of the citizen’s health and that was not difficult for him when hiring the latter.
The employee received the 2nd or 3rd gr. and does not want to continue to carry out duties
In this case, the employee must write a letter of resignation in accordance with Art. 80. These groups are considered workers, that is, a citizen may subsequently find a job in another enterprise. Dismissal in this case will be carried out by agreement of the parties. The rules of Art. 78 shopping mall.
The employee received a group, but wants to continue working
The employee may at the same time request changes in the conditions of his work in accordance with those described in his program. The employer must therefore be guided by the IPR in his actions. In this case, there may be three options. They can be fraught with a number of problems. The following options are possible:
- The existing conditions at the enterprise are fully consistent with the recommendations given in the IPR. For example, the document indicates that a person with disabilities should work in a free pose, in a sitting position. The current duties of an employee relate to computer activities. Accordingly, he does the work while sitting.The head of the enterprise will not have to change anything, and the employee, in turn, can continue to continue to work.
- According to the IPR, the employee needs other conditions without updating the contract. For example, he is recommended to reduce static, dynamic or physical activity. The employer will have to review all the conditions in which the employee fulfills his duties, reduce standards, change the way of working.
- It is necessary to adjust the provisions of the contract. In such situations, an employee is often redirected to another job. If the employer has the opportunity to create appropriate conditions for the employee or to give him another position, he must do so. Moreover, all changes are recorded in the contract.
There are times when the employer does not have the opportunity to bring labor conditions into line with IPR, and the disabled person does not want to transfer to another position. In such situations, the law allows termination of the contract under part 1 of paragraph 8 of Art. 77. As in other cases, upon termination of employment, an employee is paid severance pay.
Reviews
It is worth noting that with the introduction of the Federal Law and other normative acts, many unemployed people with disabilities got the opportunity to find a job. As evidenced by the reviews of enterprise managers, citizens with disabilities no less effectively cope with their responsibilities. According to the employed people with disabilities themselves, proper conditions are being created at enterprises, the requirements of the law are being met, all the necessary assistance is being provided.
