Rights of group 3 disabled people at work - what do you need to know?

The Constitution of the Russian Federation states that a citizen has the right to work. Therefore, employment is provided for a 3rd degree disabled person who received the status from childhood or adulthood. This is connected not only with earnings, but also with the citizen’s ability to social life.

However, for disability group 3 there are work restrictions. An employer can refuse a citizen a job, but only on legal grounds. Otherwise, benefits apply. When employed, a person acquires new rights, as does the employer.

The legislative framework

The right of each Russian citizen to carry out official labor activity is guaranteed by the Constitution of the Russian Federation.

Persons with a disability group also have the right to get a job, regardless of whether it was assigned in childhood or during life.

Employment for a disabled person is not only a source of income, but also a type of adaptation of a person in society. Denial of employment due to disability is illegal (only if the working conditions for the vacancy are contraindicated for the applicant).

The main legal documents regulating the issue of work for disabled people of group 3 are:

• Federal Law No. 178 of July 17, 1999 “On State Social Assistance”;
• Federal Law No. 143 of November 15, 1997 “On acts of civil status of citizens of the Russian Federation”;
• Federal Law No. 181 of November 24, 1995 “On the social protection of disabled people in the Russian Federation”;
• Labor Code of the Russian Federation, article No. 65.

Based on the above legislative documents, persons with disability of the third group can apply for vacant positions where a specially equipped workplace has been created for the work of disabled people.

Persons with third group incapacity can apply for vacant positions where a specially equipped workplace has been created

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LLC "NTVP "Kedr - Consultant" » Services » Legal consultations » Labor disputes » Can a disabled person of group 3 work in harmful working conditions (for noise, class 3.1.)?

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The organization employs a disabled person of group 3 (for an indefinite period, due to a general illness), while at his workplace, according to the results of the assessment and safety assessment, harmful working conditions were established (for noise, class 3.1.). In the employee's IPRA there are no restrictions on work activity.

Question

Can a group 3 disabled person work in hazardous working conditions (noise class 3.1)?

Lawyer's answer

In accordance with the Hygienic Requirements for Working Conditions for Disabled Persons “Sanitary Rules. SP 2.2.9.2510-09" contraindicated for the employment of disabled people are working conditions characterized by the presence of harmful production factors that exceed hygienic standards and have an adverse effect on the worker’s body and/or his offspring, and working conditions, the impact of which during the work shift (or its parts) poses a threat to life.

Working conditions at the workplace where a disabled person is employed must also comply with an individual rehabilitation program.

Consequently, work with hazardous working conditions is contraindicated for people with disabilities due to health reasons, even if they agree to such work.

If the working conditions at the workplace in which a disabled person is employed are considered harmful, the employer must offer the disabled person a job that is suitable for his health, and if he refuses or in the absence of the specified work, terminate the employment contract on the basis of clause 8 Part 1 Art. 77 Labor Code of the Russian Federation.

According to clause 4.2 “R 2.2.2006-05. Guidelines for hygienic assessment of working environment and labor process factors. Criteria and classification of working conditions”, approved by the Chief State Sanitary Doctor of the Russian Federation on July 29, 2005, hazardous working conditions (class 3) are characterized by the presence of harmful factors, the levels of which exceed hygienic standards and have an adverse effect on the worker’s body and/or his offspring. 3rd degree of the 3rd class (3.3) - working conditions characterized by such levels of working environment factors, the impact of which leads to the development, as a rule, of occupational diseases of mild and moderate severity (with loss of professional ability to work) during the period of working activity, growth chronic (occupational) pathology.

According to Art. 224 of the Labor Code of the Russian Federation, in cases provided for by this Code, other federal laws and other regulatory legal acts of the Russian Federation, the employer is obliged to: comply with the restrictions established for certain categories of workers on involving them in performing work with harmful and (or) dangerous working conditions, in performing work at night, as well as overtime work; transfer workers who, for health reasons, require easier work to be given to another job in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, with appropriate payment; establish rest breaks included in working hours; create working conditions for disabled people in accordance with an individual rehabilitation program; carry out other events.

According to clause 4.2 of SP 2.2.9.2510-09 “Hygienic requirements for working conditions for disabled people. Sanitary rules”, approved by Resolution of the Chief State Sanitary Doctor of the Russian Federation dated May 18, 2009 N 30, contraindicated for the employment of disabled people are working conditions characterized by the presence of harmful production factors that exceed hygienic standards and have an adverse effect on the body of the worker and/or his offspring, and conditions labor, the impact of which during the work shift (or part of it) creates a threat to life, a high risk of severe forms of acute occupational injuries, namely:

— physical factors (noise, vibration, air temperature, humidity and air mobility, electromagnetic radiation, static electricity, illumination, etc.);

— chemical factors (dust, gas contamination of the air in the working area);

— biological factors (pathogenic microorganisms and their metabolic products);

- physical, dynamic and static loads when lifting and moving, holding heavy objects, working in uncomfortable forced positions, long walking;

- neuropsychic stress (sensory, emotional, intellectual stress, monotony, night shift work, long working hours).

In accordance with clause 4.3 of SP 2.2.9.2510-09, working conditions in the workplace of disabled people must comply with the Individual Rehabilitation Program for a disabled person, developed by the Bureau of Medical and Social Expertise.

Article 11 of the Federal Law of November 24, 1995 N 181-FZ “On the social protection of disabled people in the Russian Federation”: an individual rehabilitation program for a disabled person - developed on the basis of a decision of the authorized body that manages federal medical and social examination institutions, a set of optimal rehabilitation measures for a disabled person, including certain types, forms, volumes, terms and procedures for the implementation of medical, professional and other rehabilitation measures aimed at restoration, compensation for impaired or lost body functions, restoration, compensation for the abilities of a disabled person to perform certain types of activities.

According to Part 3 of Art. 73 of the Labor Code of the Russian Federation, if, in accordance with a medical report, the employee needs a permanent transfer, if he refuses the transfer or the employer does not have the appropriate work, the employment contract is terminated in accordance with clause 8 of Part 1 of Art. 77 Labor Code of the Russian Federation.

{Question: The organization employs disabled people of groups 2 and 3. After a special assessment of working conditions, workplaces where disabled people work were assigned a hazard class of 3.1. Can disabled people continue to perform work duties in hazardous working conditions, or are they subject to layoffs? (“Website “Onlineinspection.RF”, 2017) {ConsultantPlus}}

Selection of documents:

Ready-made solution: What labor features are established for workers with disabilities of group III (ConsultantPlus, 2018) {ConsultantPlus}

Situation: What benefits are provided for disabled people of group III? (“Electronic magazine “ABC of Law”, 2018) {ConsultantPlus}

The explanation was given by Igor Borisovich Makshakov, legal consultant of LLC NTVP Kedr-Consultant, July 2018.

When preparing the answer, SPS ConsultantPlus was used.

This clarification is not official and does not entail legal consequences; it is provided in accordance with the Regulations of the CONSULTATION LINE ().

Basic concepts to learn

According to statistics, the third group of incapacity is the most numerous among all other groups. In most cases, in the presence of this disability group, there are minor deviations in health.

This determines the fact that this group can carry out official labor activities.

This explains the fact that social benefits for disabled people of the third group are small. When finding employment, such citizens comply with certain rules established by current legislation.

These conditions must be observed by both applicants and employers who offer vacancies.

In order to study the regulatory documents in detail, it is recommended that you study the basic terminology in advance, which is shown in the table below.

According to statistics, the third group of incapacity is the most numerous among all other groups

Rights of disabled people of group 3 at work

Incapacitated citizens, when applying for a job, have the same rights as fully healthy employees. However, they can count on additional benefits that are determined by current legislative documents.

Each of the working disabled people of group 3 can rightfully count on the following preferential preferences:

• 30 days of paid leave, while ordinary workers have 28 days;
• Possibility to take additional unpaid leave of 60 days per year;
• There is no probationary period for employment;
• Facilitated working conditions based on medical opinions:
• You can work no more than 40 hours per calendar week;
• If there are medical recommendations, reduce the working week;
• Engagement in work on weekends, overtime, or at night is permitted only with written consent from a group 3 disabled person. If medical regulations determine a prohibition, then the employee cannot be involved in such types of work at all;
• It is prohibited to assign a disabled person of group 3 to certain types of work. The disabled person must be provided with special conditions in the workplace, depending on the disease.
• Individually developed measures to improve health, which are prescribed in an individual rehabilitation program. Such orders are issued to each of the disabled people after they have passed a medical and social commission, which establishes the group of incapacity.

The disabled person must be provided with special conditions in the workplace, depending on the disease

List of restrictions

When a group 3 disability is registered, a special medical report from the social commission is required. The provided document specifies the working conditions for the employee. The disabled person must follow the recommendations provided, which include the following:

How much does a group 3 disabled person earn?

• If, in its conclusion, the social commission prescribed a reduction in working hours, then the employer provides a shortened work week.
• Working on weekends or exceeding the working hours is prescribed in the disabled person’s employment contract.
• The working week should not exceed 40 hours.
• A working disabled person is granted leave for 30 days.
• Hiring for a disabled person of group 3 is carried out without assigning a probationary period.

A disabled worker has the right to take a leave of more than 30 days. However, all days of rest beyond the prescribed month will not be paid. This is stipulated in the legislation of the Labor Code of the Russian Federation. A disabled person is allowed to carry out activities to restore health during working hours. This is prescribed in the medical report. When an employee is assigned a 3rd degree of disability, he needs to report this to the human resources department.

This is recorded in writing so that the employer is aware of the employee’s new rights and work restrictions. Then an additional agreement is signed with the employee. He is transferred to a new position or left in his original place if health conditions are met. Refusal at the initiative of the employer is not provided for by law. A disabled person can resign only of his own free will.

What is the operating mode?

Current federal regulations define a number of concessions for persons who have been assigned the third group of incapacity. Such citizens carry out their labor activities under a limited work schedule.

Their working day is 7 hours, while for ordinary workers it is 8 hours. In addition, a disabled person of group 3 can choose for himself: to finish the working day earlier, or to come to work one hour later.

Regardless of the fact that an incapacitated employee works fewer hours or does less work, he is entitled to full payment, as for completely healthy workers.

The legislation determines the possibility for a disabled person of group 3 to build a schedule of five working days of 8 hours each, and receive an additional payment to the basic rate.

How should the workplace be equipped?

The employer must create special conditions for a disabled person of the third group, under which he can carry out work activities comfortably and safely.

The workplace of an incapacitated citizen must meet the following parameters:

• All safety and hygiene standards are observed;
• If necessary, additional equipment is installed that will help a disabled person work more comfortably;
• If necessary, rehabilitation equipment is provided;
• Setting up a workplace for an incapacitated citizen of group 3 is not allowed on the ground floor or in the basement;
• An equipped place for a disabled person to rest comfortably during breaks between performing official duties.

The above conditions must be met by each employer hiring persons with a third group disability.

What disability group is working?

Only serious illnesses that interfere with the normal process of life, work, educational activity, and independence can become a significant reason for establishing incapacity. Such illnesses can render a person unable to work.

That is why degrees of restrictions on the work activities of disabled people have been created. 1 and 2 imply serious pathologies in which a person needs help from others to exist and perform everyday tasks. As a result, they both belong to non-working disability groups.

The only category in which work is allowed is the third working group of disability. It includes many benefits that make the work process easier for the patient, however, he can receive a full salary in his position.

How to obtain group 3 disability for an existing employee?

It often happens that an employee already working for a company receives an injury or illness that leads to the assignment of a third disability group.

After receiving a certificate from a medical expert commission, the employee must submit this document to the human resources department, where it will be formalized.

Changing the terms of an employment contract unilaterally is not permitted by current regulatory documents.

To formalize disability group 3 at the current place of work, an additional agreement is concluded with the worker indicating new circumstances.

If medical regulations determine special working conditions, the workplace must be equipped by the employer in accordance with the document provided.

If an employee does not agree to switch to easier working conditions, then he has every right to resign at will.

Legislative acts regulating the employment of people with disabilities

Federal Law No. 181 provides clear explanations regarding the work activities of people with disabilities, quotas for them, as well as jobs specially allocated for such citizens.

In each region of the country, the size of quotas may vary slightly. If an employer employs more than one hundred people in total, then he is obliged to allocate from two to four percent of places (of the total number of workers) to persons with a confirmed category of incapacity. When there are more than 35 employees but less than 100, then the employer provides a quota of three percent.

The total number of workers does not include those whose working conditions are recognized as difficult, dangerous or harmful.

The number of specialized jobs for citizens with disabilities is established by local executive authorities in the constituent entities of the federation. Their number must be included in the established quota.

The act also prescribes working conditions for persons classified as incapacitated. Including:

• Terms of mandatory paid leave;
• Possibility of receiving additional (unpaid) vacation days;
• Established number of hours of work (per week);
• Conditions of a shortened working week;
• Conditions for attracting disabled people to work overtime;
• Availability of a probationary period.

How are disabled people of group 3 employed?

In order to officially carry out labor activities, you will need to follow the procedure for submitting documents.

Each applicant, when applying for a job, must provide the following documents:

• Russian Federation passport;
• Employment history;
• Completed application for employment;
• Conclusion of a medical expert commission on assigning group 3 incapacity, indicating restrictions on the implementation of work activities;
• An individual rehabilitation plan, which contains information on restoring the citizen’s health status.

Having received the documentation, the employer determines whether the working conditions for the open vacancy comply with medical regulations. Group 3 disabled people are hired only if there is an equipped workplace.

A citizen is accepted into the company without a probationary period and is officially registered.