Job quotas for people with disabilities in 2021

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Published: 07/01/2016

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The main function of the state is the social protection of citizens, the implementation of which is carried out in various areas. In particular, by promoting the employment of representatives of certain categories of the population. Therefore, the state provides them with such a social guarantee as the availability of quota jobs.

Employers are required to implement this guarantee . Read more about its practical application below.

• Concept and legislative regulation
• How is the number of seats calculated?
• Realization of the rights of persons with disabilities
• Quota places for other categories of the population
• Employer's liability

Legislative regulation of quotas

There is no single federal law specifically devoted to the issue of work quotas, but this problem is addressed in the following federal regulations:

• “On employment in the Russian Federation” No. 1032-1 dated April 19, 1991 (no changes have been made since Soviet times);
• “On social protection of disabled people in the Russian Federation” No. 181 November 24, 1995

Detailed legislative regulation of the provision of employment under quotas is carried out at the local level, which is why the composition of potential employees for such jobs and state benefits provided to the employer for quotas may differ significantly in different regions of the Russian Federation.

Powers of the regions

Along with the federal legislation available on this issue, regions are also given the power to adopt additional regulations. This is where a slightly different list of obligations and penalties for non-fulfillment come into play. Some subjects do not want to use such powers, since in their small territory there is a small number of enterprises as such and there is no specificity regarding environmental and other factors that negatively affect the health and increase in the percentage of citizens with disabilities.

The specificity of the application of multi-level legislative acts is that the region is obliged, first of all, to rely on the regulations adopted by it independently. When this information is transferred beyond the boundaries of the subject (when issues are contested in the highest federal bodies), the federal regulatory framework may also be used.

Who has the right to apply for a job under a quota?

People who, for whatever reason, have problems finding a job need social protection. Regional regulations of each specific subject of the Russian Federation provide a list of categories that have the right to occupy jobs reserved for them. The list may be different, but no matter what area it belongs to, it will certainly include two categories of socially vulnerable segments of the population that must be taken care of.

1. Disabled people of groups 1 and 2. Such persons are employed in places specially designated for them, allocated by entrepreneurs. The employer must remember that people who are not completely healthy are entitled to a shortened working day, not the entire list of work functions is available to them, and they cannot be forced to work overtime or night shifts.

NOTE! If disabled people of groups 1 and 2 do not express a desire to take all the quota places, the law is not against the fact that disabled people of group 3 are accepted into these places.

2. Persons under 18 years of age. Official employment in the Russian Federation is allowed from the age of 14, and adulthood comes at 18. This period is often “dead” for teenagers who want to work, but are not accepted by employers. The state quota comes to the rescue. Employers of teenagers are required to comply with legal requirements regarding their organization of work - there are many restrictions and features for such employees.

Other possible categories for quotas

In different regions of the Russian Federation, in addition to the two mandatory social groups, quota places may be provided to representatives of the following social groups:

• children raised in specialized institutions;
• teenagers growing up in large and/or single-parent families;
• children aged 14-18 whose parents are officially recognized as unemployed;
• single parents, especially mothers;
• prisoners who have served their sentence and have received employment opportunities;
• serving or commissioned military personnel;
• persons finding employment for the first time after graduation;
• able-bodied people of pre-retirement or retirement age;
• participants in the liquidation of the Chernobyl disaster, etc.

IMPORTANT! The key point of determining the category that needs quotas is the inability to compete in employment with other segments of the population.

Meanwhile, the opportunity to provide for oneself and one’s family is a basic need of any citizen, the provision of which is guaranteed by the state by the Constitution by granting the right to work.

Job quotas for disabled people

Thanks to the current regulatory framework, people with limited opportunities due to health problems can make it easier for themselves to find jobs. It cannot be said that the chances of obtaining taxable income for such persons are equal to those of healthy applicants. The reason lies in the elementary non-compliance with the letter of the law by employer enterprises. The current acts make it possible to achieve the designated goal by coercing them.

Regional employment centers and labor departments, as well as the prosecutor's office, assist citizens in this matter. Increasingly, employers being held accountable understand the specifics of their obligations and are beginning to independently ensure the quotas established by law. That is, providing a place of work for citizens with disabilities, which does not simply mean allocating a vacant place. An important goal is the psychological adaptation of such workers in compliance with the rehabilitation recommendations given to them, as well as the modernization of the place to suit the working conditions they require.

Which enterprises are required to place quotas on jobs?

The obligation to provide social government guarantees is not imposed on every employer.

• If the number of staff in an organization is no more than 35 people, quotas may well never affect this company if it does not wish to do so.
• Personnel of 35 or more employees must consist of at least 3% preferential categories. That is, at least 1 employee must be hired under a quota in an organization with a staff of 35-40 people, and if there are from 70 to 100 employees, then there should already be 2 quota places.
• Larger organizations that can afford to maintain a staff of more than 100 employees must allocate 4% of jobs to quotas: at least 4 employees per hundred must be from socially protected categories.
• A further increase in the number of personnel does not affect the quota share - it remains 4 percent.

It is possible to employ more such employees than the law says, but a smaller number is unacceptable. It is allowed to divide the percentage of the quota between different categories: for example, take 2% of minors and 2% of disabled people.

FOR YOUR INFORMATION! The form of ownership of the organization and the peculiarities of the organization of the labor process (except for the factor of harmful labor) do not matter for establishing quotas for jobs.

How many employees should you hire?

The quota is 4% of the average number of staff: 2% of them are for people with disabilities and 2% for the above categories of youth.

Each employer calculates the exact number of places independently, based on the number of employees. In this case, only those employees who work in Moscow are taken into account. Branches and offices of the company in other regions of the country are not included.

If the employer employs more than 2% of disabled people, then the number of quota jobs for young people can be reduced by an appropriate amount.

An employer that complies with the requirements of this legislation must submit quarterly reports to the employment service confirming its fulfillment of the quota.

Quotas for the employer

Participation in the quota program imposes a number of obligations on the entrepreneur, failure to fulfill which is fraught with serious liability.

When starting a business, the owner of the organization is required to register with the Center for Job Quotas. Joining this social program is mandatory for everyone, even small organizations - because the number of staff may grow over time.

Package of documents for registration at the Quota Center:

• certificate of state registration (copy);
• charter (copy);
• paper on registration with the tax authority (copy);
• letter from the Unified State Register;
• information about the number of employees on staff.

After submitting documents, the entrepreneur is assigned a registration number, after which he must report quarterly to this Center in the same way as to the INFS. Information about the presence of quotas at the enterprise must also be submitted to the local labor exchange.

Within the enterprise, the manager must create a special normative act (regulation) regulating the quota process, issue an order and edit the staffing table.

What can an employer be punished for in connection with quotas?

Responsibility for missing deadlines or failure to register with the Quota Center may be imposed as a result of an inspection by labor inspectors and involves the imposition of fines.

Punishment is provided in the following situations:

• in a company with a certain number of personnel there are no vacancies under the quota or there are fewer than the stipulated number;
• People from non-preferential categories are employed in such positions;
• the employer refused an employee from such categories if there were available quota places.

IMPORTANT INFORMATION! The employer does not have to look for employees for quota places.
Therefore, if such persons did not apply to him for employment, there is nothing to punish him for.

Employer Responsibilities

For employers who have quotas for the employment of disabled people, the law establishes responsibilities and rights.

An employer who is subject to the law must:

• Create or allocate jobs from those already available at the enterprise for the employment of disabled people, as well as adopt internal local acts that regulate information about these jobs. The fact of creating or allocating a workplace for disabled people is considered to be the publication of the relevant normative act.
• Create special jobs within the quotas established by local legislation.
• Provide a disabled person with a workplace that meets the requirements of his personal rehabilitation program.
• Every month, within the prescribed period (5-10 days from the end of the previous month), it is necessary to report to the employment service about the availability of vacancies created or allocated to disabled people in accordance with quota requirements, as well as information about internal local acts that regulate the provision of jobs to disabled people . These reports must be provided even if the employer is directly registered outside the region. The form for providing this information is developed and approved by local employment authorities.
• If an employer accepts a disabled person referred under a quota, he must return his referral to the employment service with a note of acceptance within 5 days from the date of registration for work. If a disabled person is refused a job, the referral must include the date of appearance, the reason for the refusal, and return it to the candidate.

The law establishes the following rights of employers when hiring people with disabilities:

• Employ disabled people within the framework of places allocated under a quota, who came on their own initiative, in the direction of the employment service or from public associations.
• Request from the employment service the information necessary to create and place disabled people within quotas.
• Create or allocate jobs for people with disabilities on their own initiative in excess of the requirements established by law.

Rights of the quota employer

For fulfilling quota obligations, the employer also acquires additional rights, mainly informational:

• The Employment Center and/or Quota Center must provide employers with any necessary information regarding preferential categories;
• the requirement for compliance with the position held also applies to quota workers - an insufficiently qualified or unable to cope with the duties of a “beneficiary” may not be accepted or dismissed in the same way as a regular employee (the reasons for the refusal must be justified).

Procedure for reserving seats

Reservation of jobs is the allocation by the employer of a certain number of jobs within the quota for hiring disabled people, with the aim of further hiring workers who have undergone special training. Jobs should be allocated according to those professions that will be most suitable for people with disabilities to work in them.

Training of disabled people to work in places allocated by the employer is carried out at the expense of budgetary funds.

Placement into the job reserve is carried out within the framework of a special agreement, which is concluded between the employer himself and the employment center of the municipality. The agreement makes it possible to determine those places that can be created by the organization and filled in the shortest possible time by those interested who are registered with the employment service.

The reservation procedure includes the following steps:

• Determine the responsibilities of a business entity to comply with the law on providing jobs under a quota for people with disabilities by studying federal and regional legislation in this area;
• Calculate how many jobs should be provided under the quota. In this case, the calculation is based not on the actual number of employees, but on the staffing table.
• Create and approve local regulations that will secure the allocation of jobs for people with disabilities;
• Register quotas with the regional employment service;
• Identify an employee by assigning responsibilities to him, who will be responsible for interacting with the Employment Center and preparing the necessary documents.