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Coursework

In the discipline "Social Security Law"

On the topic

" Employment and vocational training for disabled peopleAndDov"

Introduction

1. Providing employment for people with disabilities. Vocational training for people with disabilities

2. Quotas of jobs for people with disabilities

3. Special workplaces for employing people with disabilities

4. Working conditions for disabled people

5. Problems of employment and vocational training of disabled people in the Russian Federation

Conclusion

References

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. Federal target program “Social support for disabled people” for 2006 - 2010. // Consultant Plus. . 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 dated May 26, 2004 and April 25, 2005.

November 24, 2005 marked 10 years since the adoption of Federal Law No. 181-FZ “On Social Protection of Disabled Persons 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 andnValidov

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 being members of production cooperatives (artels);

Elected, appointed or confirmed to a paid position;

Those undergoing full-time training in general 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 referred to as the 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 activities related to preparation for military service (alternative civil service), performance of other government duties or other good reasons;

Those 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), who do not have property rights in relation to these organizations.

Disabled people are provided with employment guarantees by the state through the following special events that help increase their competitiveness in the labor market:

1) establishing in organizations, regardless of organizational and legal forms and forms of ownership, a quota 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) 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. ;

2) reserving jobs in professions most suitable for employing people with disabilities. 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, was approved by Resolution of the Ministry of Labor of the Russian Federation of September 8, 1993 N 150;

3) 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 employment 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;

4) creation of working conditions for disabled people in accordance with individual rehabilitation programs for disabled people, which contain a set of optimal rehabilitation measures for a disabled person, including certain types, forms, volumes, timing and procedure for the implementation of medical, professional and other rehabilitation measures aimed at restoration, compensation impaired or lost body functions, restoration, compensation of a disabled person’s abilities to perform certain types of activities 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. ;

5) 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 the manner prescribed by law.

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 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 and local governments. The formation of educational groups for training is carried out by vocational education institutions, taking into account the educational and professional level of citizens within the terms agreed with customers. 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. .

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 Kiseleva A.V., Education for the disabled: social and economic problems. // Lawyer, 2006 No. 5. // Consultant Plus. .

Training in the basics of entrepreneurship may include the following main areas of preparing citizens for work 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. ;

6) 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 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. .

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: 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. :

Vocational training for the purpose of accelerated acquisition by students of the skills necessary to perform a specific job or group of jobs;

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;

Improving the qualifications of workers in order to update knowledge, skills and abilities, increase professional skills and increase competitiveness in their existing professions, as well as study new equipment, 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) Kiseleva A .B, Education for the disabled: social and economic problems. // Lawyer, 2006 No. 5. // Consultant Plus. ;

Improving the qualifications 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 social service institutions in medical and labor activities,” the main tasks of medical and labor activities of elderly citizens and disabled people living in inpatient institutions social service institutions are occupational therapy and improving the general 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 Kiseleva A.V., Education for the disabled: social and economic problems. // Lawyer, 2006 No. 5. // Consultant Plus. .

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 subsidiary rural farms of inpatient institutions 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. .

Therapeutic work activities of citizens in inpatient institutions are carried out by labor instructors and worker training instructors in accordance with schedules and individual rehabilitation programs.

Specialists and workers may be hired to carry out 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 type and duration of medical and labor activity is determined by a doctor at a hospital institution specifically for each citizen, taking into account his wishes, about which a corresponding entry is made in the medical history and an individual card of medical and labor activity.

The medical 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 condition and age.

Citizens participating in medical and labor activities are provided, in accordance with current legislation, with special clothing, special footwear and other personal protective equipment in accordance with established standards, taking into account the type and nature of the activity. 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. .

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 facility, in cases established by current legislation, provides assistance in the correct and appropriate expenditure of funds 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.

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.

2. Job quotasfor disabled people

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 a specific enterprise (institution, organization). Quotas are the state’s reaction to negative social phenomena in the sphere of labor relations. To what extent it is justified and provided with real mechanisms for correcting these phenomena, we will try to understand further Shchur D.L. Features of the national job quota system. M., 2006. // Consultant Plus. .

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 enterprises, institutions, organizations, business partnerships and societies owned by them, the authorized capital of which consists of the contribution of the public association of disabled people, S.N. Bratanovsky, A.A. Rozhdestvina, are exempt from mandatory quotas for jobs. 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. .

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 carried out by the employer independently by E.S. Bondareva. Job quotas for people with disabilities: problems of implementation. // Labor Law, 2007 No. 8. // Consultant Plus. .

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 disabled people 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. For employers operating in the city of Moscow, whose average number of employees is more than 100 people, a quota is established in the amount of 4 percent of the average number of employees 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. .

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 the specified fee are determined by the state authorities of the constituent entities of the Russian Federation.

The main problem of social adaptation of disabled people is precisely the underdevelopment of their sphere of life: vehicles and housing conditions have become notorious in terms of their unsuitability for disabled people, while they can effectively search for work only after these key issues have been resolved. Shchur D.L. Features of the national job quota system. M., 2006. // Consultant Plus. .

Here lies another problem of our legislation - with the above-mentioned key issues of the existence of disabled people in modern society unresolved, the state sets, in fact, an impossible task for employers by introducing quotas for jobs for disabled people. 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, A similar 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. Shchur D.L. Features of the national job quota system. M., 2006. // Consultant Plus. .

3. Special workplaces foremployment and employmentdisabled people

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 N.A. Brilliantov. Labor law of Russia. M., 2005. P. 211. .

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 a whole value. 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. .

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)

1. Vyazovsky mekhleskhoz 1

2. State Institution "Vocational School N 52" 2

3. GU UV PS Elansky RUPS 2

4. State Unitary Enterprise AK 1727 "Elanskaya" 2

5. Elansky telecommunication section 2

6. Elanskoe MPOKH 2

7. Elan branch of the AC SYJ RF N 3990 2

8. Elanskoe raipo 2

9. Culture Committee of the District Administration 2

10. Kraishevskaya municipal secondary school 1

11. MUZ "Elanskaya Central District Hospital" 8

12. OJSC "Elansky Meat Processing Plant" 3

13. OJSC "Vyazovskoye HPP" 1

14. OJSC "Elansky Butter and Cheese Plant" 3

15. JSC "Elansky Elevator" 3

16. JSC "Elanfermmash" 1

17. LLC "Agrofirm "Agro-Elan" 18

18. LLC "Bolshoi Moretz" 7

19. LLC "Lukoil-Nizhnevolzhsknefteproduct" 2

20. LLC "Sistema" 1

21. SEC "Bolshevik" 2

22. SEC "Elanskie Sady" 1

23. SEC "Talovsky" 6

24. SPK im. Artamonova 4

25. SEC "Chernigo-Alexandrovskoe" 3

26. FSUE "Elansky DRSU" 1 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.

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 allowed 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 Maslov A. Benefits for disabled people. // Business lawyer, 2002 No. 18. .

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 perform unforeseen work, on the urgent implementation of which the future normal operation of the organization as a whole or its individual divisions depends.

Disabled persons are granted annual leave of at least 30 calendar days. Also, for family reasons and other valid 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, the 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 people fighting in defense of the Fatherland N.A. Brilliantova. Labor law of Russia. M., 2005. P. 218...

Establishing working conditions for disabled people (wages, working hours and rest periods, duration of annual and additional paid leave, etc.), which worsen the situation of disabled people compared to other employees, is not allowed in either 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 people with disabilities 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 prohibited by medical recommendations. At the same time, they must be informed in writing of their right to refuse to be sent on a business trip, to be required to work overtime, to work at night, on weekends and non-working holidays. In addition, one of the parents (guardian, trustee) for the care of 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, upon their written request, be granted one additional day off per month without pay. 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. .

5. Problems of employment and vocational traininginvAleads in the Russian Federation

According to international legal norms, states' policies towards people with disabilities should be aimed at preventing violations of their human dignity and social exclusion, at creating conditions for the equal and full participation of persons with disabilities in the life of society O. A. Paryagina. Disabled people: discrimination and employment. // Labor Law, 2007 No. 4. // Consultant Plus. .

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 should have equal opportunities to engage in productive and gainful employment 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 other social groups of persons who are uncompetitive in the labor market, people with disabilities 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 O. A. Paryagina. Disabled people: discrimination and employment. // Labor Law, 2007 No. 4. // Consultant Plus. .

As persons with limited ability to work and live, people with disabilities need to create conditions to increase their competitiveness, realize the right to education, facilitate working conditions in accordance with individual rehabilitation programs and rely on a general strategy of social inclusion. In developed countries, the prevailing opinion is that such manifestations of discrimination as economic and psychological pressure, restriction of access to social benefits (for example, lack of special facilities in public places) cannot be solved only by optimizing labor legislation Tsyganov M.E. Integration of disabled people into the sphere of employment: the experience of European Union countries // Labor abroad. 2003. N 4. P. 50, 54, etc.

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, International Labor Organization (ILO) Convention No. 111 of June 20, 1958 “On Discrimination (Employment and Occupation)” does not include in the concept of discrimination any differences, exclusions or preferences resulting in the elimination or violation of equality of opportunity or treatment in the field of work and occupations (Article 1) International protection of human rights and freedoms: Coll. documents. M., 1990. P. 140. . 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) .

International law provides for assistance in the employment of people with disabilities 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 vocational rehabilitation and employment of disabled people) Paryagina O.A. Disabled people: discrimination and employment. // Labor Law, 2007 No. 4. // Consultant Plus. .

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 workplaces and production areas for disabled people (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 http ://daccessdds.un.og (2007. February 22). Next is the Convention on the Protection of the Rights of Persons with Disabilities. . 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 of the Convention on the Protection of the Rights of Persons with Disabilities (Article 30). It has been confirmed that specific measures necessary to accelerate or achieve actual equality of persons with disabilities are not considered discrimination within the meaning of this Convention (Article 5) Paryagina O.A. Disabled people: discrimination and employment. // Labor Law, 2007 No. 4. // Consultant Plus. .

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, the preemptive right to conclude an employment contract on home work O.A. Paryagina are not discrimination. Disabled people: discrimination and employment. // Labor Law, 2007 No. 4. // Consultant Plus. .

According to official data, the number of Russian disabled people exceeds 11 million people, and only 15% of disabled people of working age are “involved in professional activities.” Based on the system of multidisciplinary rehabilitation of disabled people, the Federal Target Program “Social Support for Disabled People for 2006 - 2010” plans to slow down the process of disability of the population, 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 about the fate of civilizations A. Nikonov regards hiring 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 Nikonov A. The End of Feminism. How does a woman differ from a man? M., 2005. S. 195 - 196. .

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 situations; 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 under the conditions of a market economy O. A. Paryagina. Disabled people: discrimination and employment. // Labor Law, 2007 No. 4. // Consultant Plus. .

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 determined in accordance with the medical report of the 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 working at enterprises are entitled to leave without pay. Its duration is up to 60 calendar days per year.

Coursework

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 receive additional vocational education (hereinafter referred to as training) in new professions (specialties) that are in demand in the labor market.

Vocational training can also be provided 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 of 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 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 employment service authorities at the place of residence and their presentation of a passport, work book or documents replacing them, 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 for the duration of training.

Employment of people with disabilities - general provisions Meanwhile, the employment of people with disabilities according to the legislation of the Russian Federation in 2018 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 may be an insufficient level of 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, 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 carrying out educational activities, in accordance with contracts concluded by employment service bodies. (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 or district, regulations are adopted that set target figures. 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. A specialist from the employment center, whose job responsibilities include receiving 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 CONSULTATION WITH A LAWYER 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 for hiring a disabled person work 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.

Coursework

In the discipline "Social Security Law"

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

References

Introduction

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 dated May 26, 2004 and April 25, 2005.

November 2005 marked 10 years since the adoption of Federal Law N 181-FZ “On Social Protection of Disabled Persons 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

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;

those undergoing military service, alternative civilian 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 general education institutions, institutions of primary vocational, secondary vocational and higher professional education and other educational institutions, including training in the direction of the federal state employment service (hereinafter referred to as the 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 activities related to preparation for military service (alternative civil service), performance of other government duties or other good 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 in relation to these organizations.

Disabled people are provided with employment guarantees by the state through the following special events that help increase 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. 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, was approved by Resolution of the Ministry of Labor of the Russian Federation of September 8, 1993 N 150;

) stimulating the creation by enterprises, institutions, 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:

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 the disabled person’s abilities to perform certain types of 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 the manner prescribed by law.

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 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 and local governments. 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.

) 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.

Vocational training for unemployed disabled people includes the following types of training:

vocational training for the purpose of accelerated acquisition by students of the skills necessary to perform a specific job or group of jobs;

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, skills and abilities, increase professional skills and increase competitiveness in their existing professions, as well as study new equipment, 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.

Specialists and workers may be hired to carry out 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.

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.

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.

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 disabled people 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 main problem of social adaptation of disabled people lies precisely in the underdevelopment of their sphere of life activity: vehicles and housing conditions have become notorious in terms of their unsuitability for disabled people, while they can effectively search for work only after these key issues have been resolved.

3. Special workplaces for employing people with disabilities

employment professional disabled worker

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:

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

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 perform unforeseen work, on the urgent implementation of which the future normal operation of the organization as a whole or its individual divisions depends.

Special working conditions are established not only for disabled people, but in some cases also for persons who raise disabled children or people with disabilities 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 prohibited by medical recommendations. At the same time, they must be informed in writing of their right to refuse to be sent on a business trip, to be required to work overtime, to work at night, on weekends and non-working holidays. In addition, one of the parents (guardian, trustee) for the care of 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.

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, International Labor Organization (ILO) Convention No. 111 of June 20, 1958 “On Discrimination (Employment and Occupation)” does not include in the concept of discrimination any differences, exclusions or preferences resulting in the elimination or violation of equality of opportunity or treatment in the field of work and activities (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 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 of the 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 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, and the preemptive right to conclude an employment contract on home work are not discrimination.

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.

Employment of disabled people is complicated by the fact that most of them need special working conditions. 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. The problems of financial support, as well as the organization of activities to create special jobs for people with disabilities, have become aggravated in the context of the ongoing budgetary and administrative reform, the transfer of the 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 rule 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 this true? 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 reasonably states that it does not comply with the norms of international labor law and, ultimately, discriminates against people with disabilities that the solution to issues of state support for the same category of disabled citizens depends on the status of a 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 disabled people” deserves attention, providing for the reservation for these associations of a certain share of state orders for the performance of certain types of services, the production and supply of certain types of products for state needs, as well as the involvement of organizations of disabled people in the implementation state social order.

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 does not say anything, for example, about sexually transmitted diseases that interfere with public service, but it contains prohibitions on this employment for persons suffering from pituitary dwarfism, the visually impaired and those who use a 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 wages and their irregular payment for vacancies announced for disabled people - all These factors negatively affect the employment process of people with disabilities.

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, measures for professional and labor rehabilitation of 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 ones 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”, and 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 social rights declared by international legal norms, as well as the identification of 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 .

References

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Providing employment for people with disabilities. Vocational training for people with disabilities

The following citizens are considered employed:

Registered as individual entrepreneurs;

Those employed in auxiliary industries and selling products under contracts;

Elected, appointed or confirmed to a paid position;

Those undergoing military service, alternative civilian service, as well as service in internal affairs bodies, the State Fire Service, institutions and bodies of the penal system 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. - undergoing full-time courses in general education 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);

Disabled people are provided with employment guarantees by the state through the following special events that help increase their competitiveness in the labor market:

c) carrying out activities to attract extra-budgetary funds to finance activities for professional rehabilitation and employment of people with disabilities;

Vocational training for the purpose of accelerated acquisition by students of the skills necessary to perform a specific job or group of jobs;

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;

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 subsidiary rural farms of inpatient institutions Bratanovsky S.N., Rozhdestvina A.A. Commentary on the Federal Law of November 24, 1995 No. 181-FZ “On social protection of disabled people in the Russian Federation”

Specialists and workers may be hired to carry out 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.

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 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 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. Citizens participating in medical work activities must be previously familiar with its conditions, the procedure for maintaining and cleaning equipment, equipment, tools and workplaces, the design of equipment and equipment and their purpose, rules, regulations and instructions for protection labor when performing certain types of work. A corresponding note must be made on the individual medical work activity card regarding the instruction.