Lawyer's notes. Employment of disabled people and their vocational training Production Vocational training and employment of disabled people

general conference international organization labor,
convened at Geneva by the Governing Body of the International Labor Office, and meeting at its thirty-eighth session on 1 June 1955,
Deciding to adopt a number of proposals for the retraining of persons with disabilities, which is the fourth item on the agenda of the session,
Having determined that these proposals shall take the form of a recommendation,
Adopts this twenty-second day of June in the year one thousand nine hundred and fifty-five the following Recommendation, which may be cited as the Retraining of Persons with Disabilities Recommendation, 1955:
Mindful of the many and varied problems concerning persons with disabilities,
Considering that the retraining of these persons is necessary in order to restore to the maximum extent their physical and mental abilities and to enable them to contribute to social, professional and economic life,
Considering that in order to provide employment for every person with a disability and to ensure the best use of labor resources, it is necessary to develop and rehabilitate labor abilities persons with disabilities through a combination in a continuous and coordinated process of medical, psychological, welfare and educational services, as well as vocational guidance, vocational training and employment, including probationary control,
The conference recommends the following:

I. Definitions

1. For the purposes of this Recommendation:
(a) the term retraining means that part of a continuous and coordinated retraining process which includes the provision of services to persons with disabilities to enable them to obtain and retain suitable employment, which service includes, in particular, vocational guidance, vocational training and the provision of suitable employment;
(b) The term disabled person means any person whose possibilities of obtaining and retaining suitable employment are severely reduced as a result of an impairment of his physical or mental faculties.

II. Retraining coverage

2. Retraining services should be available to any person with a disability, regardless of age and the cause and nature of his disability, provided that he can be prepared for suitable employment and that he has a reasonable prospect of obtaining and retaining such employment.

III. Principles and methods of vocational guidance, vocational training and employment of persons with disabilities

3. All necessary and practicable measures should be taken to establish or develop specialized vocational guidance services for persons with disabilities who need assistance in choosing or changing their profession.
4. The career guidance process should include, to the extent that the circumstances of each country permit and as appropriate:
a) a conversation with a professional orientation specialist;
b) taking into account previous work experience;
c) study of the school certificate or any other documents related to studies in institutions of general or special education;
d) medical examination for professional orientation;
e) relevant aptitude and fitness tests and, if desired, other psychological tests;
f) examination of the personal and family situation of the person concerned;
g) determination of suitability and development of abilities by conducting appropriate practical tests or other similar methods;
h) a professional technical examination, oral or otherwise, whenever deemed necessary;
i) determining the physical abilities of the person in relation to the requirements of various professions and determining the possibility of increasing these abilities;
j) providing information relating to employment and educational opportunities, taking into account the professional qualifications, physical abilities, suitability, preferences and experience of the person, as well as the requirements of the employment market;
5. The principles, measures and methods of vocational training normally applied to the training of able-bodied persons should be applied to persons with disabilities to the extent medical and pedagogical conditions permit.
6. 1) The education of persons with disabilities should, as far as possible, enable them to enter into such economic activities in which they can use their professional qualifications or abilities, taking into account the prospect of obtaining a job.
2) To this end, vocational training should:
a) be coordinated with, after medical consultation, placement in such work, the performance of which would be as little as possible affected by the disability or would affect the disability;
b) carried out whenever possible and appropriate, within the former profession of the disabled person or in a profession close to it;
c) continue until the disabled person has acquired the necessary skills for normal work on equal terms with able-bodied workers, if he is able to do so.
7. Persons with disabilities should, wherever possible, be trained jointly with able-bodied workers and under the same conditions as them.
8. (1) For the education of persons with disabilities who, in particular because of the nature or severity of their disability, cannot be taught together with able-bodied workers, special services should be established or expanded.
2) Whenever possible and appropriate, these services should include, in particular:
a) schools and centers of learning, including boarding schools;
b) special short-term and long-term courses for training in certain specialties;
c) refresher courses for persons with disabilities.
9. Measures should be taken to encourage entrepreneurs to provide vocational training for persons with disabilities; such measures should include, as the case may be, financial, technical, medical or professional assistance.
10. 1) Measures should be taken to develop special arrangements for the employment of persons with disabilities.
2) These activities should provide satisfactory employment by:
a) registration of applicants for employment;
b) registering their professional qualifications, experience and desires;
c) appropriate conversations with them;
d) determining, if necessary, their abilities from a physical and professional point of view;
(e) Encouraging employers to report vacancies to the competent authority;
f) if necessary, establish contact with entrepreneurs in order to show them the ability of disabled people to work and provide disabled people with work;
(g) Assisting persons with disabilities in their use of such vocational guidance, vocational training, medical and welfare services as may be necessary.
11. Test control measures should be applied in order to:
a) to check whether employment or the use of vocational training or retraining facilities has produced satisfactory results and to determine the value of the principles and methods of vocational guidance;
(b) To remove, as far as possible, obstacles that could prevent a person with a disability from gaining a satisfactory employment.

IV. Administrative organization

12. Retraining services should be organized and expanded by the competent authority or authorities in a continuous and coordinated program and, to the extent possible, existing vocational guidance, vocational training and placement services should be used.
13. The competent authority or authorities should ensure that there are sufficient staff with appropriate qualifications to deal with the retraining of persons with disabilities, including probationary supervision.
14. The expansion of services for the retraining of persons with disabilities should in any case not lag behind the expansion of general services for vocational guidance, vocational training and employment.
15. Retraining services for persons with disabilities should be organized and expanded to enable persons with disabilities to prepare for, and obtain and retain, employment on their own account in all occupations.
16. Administrative responsibility for the general organization and expansion of services for the retraining of persons with disabilities should be assigned to:
a) either to one authority;
b) either jointly with the authorities responsible for the implementation of the various parts of the programme, with one of these authorities having primary responsibility for coordinating such activities.
17. 1) The competent authority or authorities should take all necessary and appropriate measures to ensure cooperation and coordination between public and private institutions involved in the retraining of persons with disabilities.
2) These measures should include, as appropriate:
a) defining the competences and responsibilities of public and private institutions;
(b) providing financial assistance to private institutions that are effectively involved in the retraining of persons with disabilities;
c) providing technical advice to private institutions.
18. 1) Services for the retraining of persons with disabilities should be created and expanded with the assistance of the represented advisory committees established at the national level and, if necessary, at the district or local level.
2) These committees, as appropriate, should include:
a) representatives of bodies and institutions directly related to the retraining of persons with disabilities;
(b) representatives of employers' and workers' organizations;
c) persons with special qualifications due to their knowledge and interest in the field of retraining of persons with disabilities;
d) representatives of organizations of persons with disabilities.
3) These committees should be responsible for consultation:
a) nationally, on the development of policies and programs for the retraining of persons with disabilities;
b) at the regional or local scale, to apply measures taken on a national scale, to adapt them to the conditions of the region or locality and to coordinate regional and local activities.
19. 1) Research aimed at examining the results achieved by the services for the retraining of persons with disabilities and the improvement of these services should be supported and encouraged, especially by the competent authority.
2) Such studies should include a general and special study of the employment of persons with disabilities.
3) These studies should also include scientific work on the various systems and methods that play a role in the retraining of persons with disabilities.

V. Measures to encourage the use of retraining services by persons with disabilities

20. Measures should be taken to enable persons with disabilities to make full use of all existing disability retraining services and to ensure that some authority is held responsible for assisting each person with a disability to achieve maximum success in retraining.
21. These measures should include:
(a) Collection and dissemination of information on existing services for the retraining of persons with disabilities, as well as on the prospects that these services offer to persons with disabilities;
(b) Provision of appropriate and sufficient financial assistance to persons with disabilities.
22. 1) This financial assistance should be provided at any stage of the retraining process; it should make it easier for persons with disabilities to prepare for work in a suitable profession and to effectively maintain this work, including self-employment.
2) It should include the free use of retraining services by persons with disabilities, maintenance allowances and reimbursement of necessary Vehicle during the entire period of vocational training for the purpose of obtaining a job, providing cash loans and benefits or providing the necessary tools and equipment, as well as prosthetic and any other necessary devices.
23. Persons with disabilities should be able to use all the means of retraining without losing any of the benefits provided by the provision system on other grounds.
24. Persons with disabilities who live in areas where there are limited employment prospects or opportunities to prepare for any kind of work should be provided with all opportunities for vocational training, including housing and food, and the opportunity to move, if they so wish, to areas where there are more employment opportunities.
25. There should be no discrimination on the basis of disability against persons who have lost their ability to work, including persons receiving disability benefits, in the field of wages and other working conditions, if their work is equivalent to that of physically fit workers.

VI. Cooperation between medical institutions and institutions for the retraining of persons with disabilities

26. 1) The closest cooperation and coordination of activities between medical institutions and institutions for the retraining of disabled people should be carried out.
2) This cooperation and this coordination should be aimed at:
(a) Ensuring that medical care and, if necessary, the provision of appropriate prosthetic devices, contribute to the subsequent working capacity of these persons with disabilities;
b) identification of persons with disabilities who need retraining and are able to take advantage of it;
c) creating conditions for the retraining of persons with disabilities to be undertaken as soon as possible and at the most favorable moment;
d) providing medical advice, if required, at all stages of the retraining of persons with disabilities;
e) determination of working capacity of disabled people.
27. Whenever possible, and subject to the availability of a medical certificate, the retraining of persons with disabilities should begin at the time of medical treatment.

VII. Measures aimed at increasing employment opportunities for persons with disabilities

28. Measures should be taken in close cooperation with employers' and workers' organizations to give persons with disabilities the best possible opportunity to obtain and retain suitable employment.
29. These measures should be based on the following principles:
(a) Persons with disabilities should have, on an equal footing with physically fit persons, the possibility of access to jobs for which they are qualified;
(b) Persons with disabilities should be fully able to accept suitable employment with an employer of their choice;
(c) The suitability and ability of persons with disabilities to work, and not their disability, should be emphasized.
30. These measures should include:
a) research work, allowing to analyze and prove the ability of disabled people to work;
b) compilation and systematic dissemination of evidence relating, in particular, to the following issues:
(i) Comparison of the work of persons with disabilities and physically fit persons performing the same job in terms of product quality and labor productivity, the number of accidents and absenteeism, as well as seniority in this area of ​​work;
ii) selection methods based on specific professional requirements;
(iii) Methods for improving working conditions, including the adaptation and modification of equipment to facilitate the employment of persons with disabilities;
c) measures to exempt individual entrepreneurs from increasing insurance premiums for compensation for accidents at work and for occupational diseases;
(d) Measures to encourage employers to transfer to suitable employment in their undertakings workers whose performance has been altered as a result of an impairment of their physical abilities.
31. Where appropriate to country conditions and policies, employment of persons with disabilities should be encouraged by:
(a) Employment by employers of a certain percentage of persons with disabilities on terms that make it possible to avoid the dismissal of physically fit workers;
b) reservations for the disabled for certain specific activities;
(c) Taking measures to give persons with a severe disability the opportunity to enter employment or to give them preference in certain professions considered suitable for them;
(d) encouraging the establishment and facilitation of cooperatives of persons with disabilities or any other similar organization run by or on behalf of persons with disabilities.

VIII. Preferential working conditions

32. 1) Measures should be taken by the competent authority or authorities, in cooperation, if necessary, with private organizations, to create and expand favorable conditions for training and employment for persons with disabilities who are not able to enter and work in the normal conditions of competition in the employment market.
2) These measures should include the establishment of special workshops for disabled people, as well as special measures for those disabled people who, due to physical or psychological reasons or due to geographical conditions are unable to commute regularly to and from work.
33. Special workshops should provide persons with disabilities, under effective medical and professional supervision, not only with useful and paid work, but also with the opportunity to adapt to work, improve their skills and, when possible, transfer to work under normal conditions.
34. For persons with disabilities who are unable to leave their homes, special arrangements should be made and applied to ensure that, under effective medical and vocational supervision, useful and paid work can be done at home.
35. Where and to the extent that the wages and conditions of employment of all workers in general are established by law, these provisions on wages and conditions of employment should apply to persons with disabilities benefiting from preferential conditions of employment.

IX. Special Provisions for Handicapped Children and Adolescents

36. Retraining services for physically handicapped children and adolescents of school age should be established and expanded in close cooperation between the education authorities and the retraining authority or authorities.
37. Curricula should take into account the special problems of physically handicapped children and adolescents and the need to provide them with the same opportunities as physically capable children and adolescents to receive general and vocational training most appropriate to their age, ability, suitability and preference.
38. The main task of retraining services for physically handicapped children and adolescents should be to reduce to the greatest extent the difficulties of a professional and psychological nature that arise from the fact of their disability, as well as to provide them with every opportunity to prepare them for work that best suits their abilities and enter this job. The use of these opportunities should entail cooperation between medical, welfare and pedagogical services, on the one hand, and parents or guardians of physically handicapped children and adolescents, on the other hand.
39. 1) Education, vocational guidance, vocational training, and employment of physically disabled children and adolescents should be provided within the general framework of such measures intended for physically disabled children and adolescents, and should be carried out whenever possible and appropriate, in the same conditions enjoyed by physically fit children and adolescents, and shared with them.
2) Special measures should be taken with regard to those physically handicapped children and adolescents who, due to their disability, cannot use these services in the same conditions as and in conjunction with physically disabled children and adolescents.
3) These measures should include, in particular, special training for teachers.
40. Measures should be taken to ensure that children and adolescents who experience medical examination found either a disability or handicap, or a general disability:
a) received as soon as possible the appropriate medical care to eliminate or reduce the disability or handicap from which they suffer;
(b) be encouraged to attend school or be oriented towards activities that suit their desires and abilities, and that they are given the opportunity to prepare for such a profession;
c) used financial assistance, if necessary, during the period of treatment, study and vocational training.

X. Application of the principles of retraining of persons with disabilities

41. 1) Services for the retraining of persons with disabilities should be adapted to the special needs and conditions of each country and progressively expanded in accordance with those needs and conditions and in accordance with the principles set out in this Recommendation.
2) This progressive extension should have as its main goal:
a) identification and development of labor qualities of disabled people;
b) providing them, to the greatest extent possible, with the possibility of obtaining suitable employment;
(c) The elimination, in the field of vocational training or employment, of any discrimination against persons with disabilities on the basis of their disability.
42. The progressive expansion of retraining services for persons with disabilities should be encouraged through the International Labor Office, if requested:
a) by providing, whenever possible, technical advisory assistance;
b) by organizing a wide international exchange of experience gained in various countries;
c) through other forms of international cooperation aimed at organizing and expanding services appropriate to the requirements and conditions of various countries, including the training of the necessary personnel.

Every person with a disability who wants to get a job can apply for help to the employment service. After all, entering the labor market, people with disabilities find themselves in a difficult situation. Work in the existing profession is not always available due to medical indications and unsuitable working conditions, and the profession itself may not be in sufficient demand among employers.

In this case, you can take a course in the direction of the employment service, and the disabled have a priority right to training over all other unemployed citizens. Courses, of course, do not guarantee mandatory employment in the future, but significantly increase its chances.

They are divided into vocational training, vocational retraining and advanced training. Each type of training has its own characteristics, conditions of direction and different duration.

Vocational training is the longest training option and can last for 4-6 months. Unemployed citizens who do not have a profession acquire for the first time the basic theoretical knowledge and practical skills necessary for further work.

Vocational retraining involves retraining from one profession to another. You can learn a related profession or completely change your focus and learn a new profession. The term of study is 1-4 months.

Advanced training takes from 2 to 4 weeks and involves increasing the existing level or mastering new ones. modern technologies work in their profession, as well as the restoration of skills lost after a long break.

Any type of coursework is free of charge, and during the training a stipend is paid in the same amount as the unemployment benefit was assigned.

Courses are held in specialized training centers, as well as on the basis of educational institutions of primary or secondary professional level. Before being sent for training, employment specialists discuss with the disabled person his professional opportunities, familiarize him with the requirements of employers. Then the type of training and profession is selected, which should correspond to both the state of health and personal preferences, and be in demand. A new profession should allow a disabled person to earn income by realizing their abilities, their skills, imposing as few restrictions on employment as possible.

Most often, professions of an applied nature are chosen (knitter, decorator, seamstress, tailor, furrier) or those that are physically disabled and do not require significant physical exertion (operator, estimator, accountant, storekeeper, elevator operator). It happens that a disabled person is trained for the future workplace, such training can take place in training centers at industrial enterprises.

In accordance with Art. 19 of the Federal Law of November 24, 1995 No. No. 181-FZ "On social protection disabled people in Russian Federation"- the state provides disabled people with basic general, secondary (complete) general education, primary vocational, secondary vocational and higher professional education in accordance with the individual program for the rehabilitation of a disabled person.

Training can be organized in full-time, part-time, evening and distance forms. For the disabled, educational institutions practice various forms organization of the learning process: on an individual basis, homeschooling, an individual schedule for passing exams, an increase in the duration of training, etc.

According to Art. 71, part 5 of December 29, 2012 Federal Law No. 273-FZ "On Education in the Russian Federation" (with amendments and additions), from September 1, 2013, children with disabilities, disabled people of groups I and II, are enrolled in universities out of competition within quotas (at least 10% of budget places ), and all other categories of beneficiaries are enrolled in the preparatory departments of universities. Free education at the preparatory department of the university is allowed only once,.

Vocational training (retraining) and advanced training of unemployed citizens may be carried out at the direction of the employment service, if:

• - the citizen does not have a profession (specialty);
• - it is impossible to find a suitable job because the citizen does not have the necessary professional qualifications;
• - it is necessary to change the profession (specialty, occupation) due to the lack of work that meets the citizen's professional skills;
• - the citizen has lost the ability to perform work in the former profession (specialty).
• - Unemployed persons with disabilities have the right to undergo vocational training, retraining and advanced training on a priority basis.
• - When the employment service authorities send unemployed people with disabilities for vocational training, retraining and advanced training in another locality, they are provided with financial support, including:
• - payment of the cost of travel to the place of study and back;
• - per diem expenses during the journey to the place of study and back;
• - payment for renting housing for the duration of training.

Specialized educational institutions have as their goal the preparation of competitive specialists with secondary vocational education and workers with primary vocational education from among the disabled. Training is conducted in the professions that are in demand on the labor market and are recommended for the employment of disabled people.

Educational institutions simultaneously work in 3 areas: vocational rehabilitation, social rehabilitation, medical support, i.e. in addition to specially equipped classrooms, such educational institutions have rooms for psychological diagnostics and psychological relief, libraries, sports and gyms, rooms for social and household adaptation, massage rooms, first-aid posts with modern equipment.

Most specialized educational institutions can enroll not only disabled children, but also disabled adults. The enrolled disabled students are on state support - free education, meals, accommodation in a hostel, medical care. Upon completion of training, a state diploma is issued.

Admission to educational institutions of any level, regardless of their territorial affiliation, is carried out in accordance with the recommendations for vocational training formed in the individual rehabilitation program. Everyone who wants to enter educational institutions in advance of submitting documents to the selection committees should contact the medical bureau - social expertise to develop measures for vocational rehabilitation.

The Ministry of Education and Science of the Russian Federation has developed a portal of information and methodological support for inclusive higher education.

The Ministry of Education and Science of the Russian Federation reported that in order to increase the effectiveness of the implementation of measures to ensure the accessibility of vocational education for people with disabilities, a portal of information and methodological support for inclusive higher education (www.wil.ru) has been developed.

It is recommended to use the portal to obtain up-to-date data, information on normative and methodological documents, as well as exchange of experience in the field of inclusive higher education. The portal, among other things, contains information obtained during the annual monitoring of the Ministry of Education and Science of Russia on the availability of conditions for persons with handicapped health of higher education (in particular, about adapted educational programs) by universities located in specific subjects of the Russian Federation, by the presence of a barrier-free environment in them, by material and technical equipment, by the presence of support specialists, the use of distance learning technologies.

Also, in order to improve the quality of higher education for people with disabilities and persons with disabilities (HIA), the www.umcvpo.ru portal was created, which provides information and technological support for distance learning for this category of students.

The portal contains regulatory legal documents, materials of conferences and seminars, video recordings of events, an archive of video lectures and webinars, materials for advanced training courses, information about projects and events aimed at the socialization of persons with disabilities. Portal visitors have the opportunity to view events online, access to scientific and educational resources and electronic catalogs. The electronic library allows access to educational and scientific literature, to the emerging unified all-Russian collection of methodological materials for teaching students with disabilities and disabilities.

For disabled people looking for a job, special employment programs have been created. With these programs, it is possible to additional education and get the job you want.

Direct employment and vocational training for persons with disabilities provided by a special state program of guarantees which in particular includes:

• legally established quotas for hiring subjects who are disabled;
• the implementation of the reservation of jobs in the specialties that are most suitable for the effective employment of subjects who are disabled;
• creation of this category of subjects, the necessary conditions for the implementation of labor activity in accordance with an individually developed rehabilitation program;

In addition, actively used various kinds of economic incentives which, for example, include:

• conducting a preferential credit and financial policy in relation to special enterprises that use the labor of disabled people;

stimulation of the formation by enterprises of various kinds of jobs of an additional type, for the implementation of the employment of subjects who are disabled;

• creation of the necessary conditions for the implementation of this category of subjects of active entrepreneurial activity.

Employment and vocational training for people with disabilities

Professional training of subjects, who are disabled, can be carried out in various educational institutions, both general and special profile.

In addition, the vocational training of the aforementioned subjects can be carried out directly at the place where they carry out their labor activity. In this case, the training is carried out in accordance with an individually developed program for the rehabilitation of these subjects (individual schedule, external studies, distance learning, etc.).

First of all, vocational training or retraining of persons with disabilities is carried out in professions and specialties of a priority nature, the development of which allows these subjects to be sufficiently competitive in modern employment markets.

Ensuring the employment of disabled people - quotas

As regards the statutory quotas provided by the program for the employment of persons with disabilities, the following circumstances should be noted. Those organizations in which the number of personnel exceeds thirty people, the quota for hiring subjects who are disabled, is calculated as a percentage of the average number of employees.

Associations of the disabled of various kinds of public type, as well as organizations founded by them, whose authorized capital is made up of the actual contribution of this public association, subject to exemption from mandatory quota jobs for subjects who are disabled.

In that case, if the employer did not provide or was not able to provide fulfillment of the established quota for the employment of disabled persons, then he is obliged to make monthly mandatory payments to the state budget for each unemployed subject who is disabled within the prescribed quota.

Some features of the employment of people with disabilities

The Disability Employment Program provides that, in certain statutory cases, the employer is obliged to employ subjects who are disabled and, based on medical recommendations, to establish for them part-time work and other preferential conditions for working.

In addition, the employment and vocational training of persons with disabilities implies that workplaces for persons with disabilities must comply with special requirements that apply to workplaces for this category of persons, depending on the disability group assigned to them.

Production Vocational training and employment of the disabled

Rehabilitation Services for the Disabled

Federal Law of November 24, 1995 ᴦ. "On social protection of disabled people in the Russian Federation" consolidated the provision that the state guarantees disabled people the necessary conditions for obtaining education and training (Article 9).

Vocational training of the disabled is carried out in accordance with the individual rehabilitation program in educational institutions of general and special type, as well as directly at enterprises. Upon admission to secondary specialized and higher educational institutions, they enjoy certain benefits - they are enrolled regardless of the admission plan.

For disabled people who need special conditions for vocational education, special vocational educational institutions are being created various types or corresponding conditions in general vocational educational institutions.

When receiving vocational education disabled people are given the opportunity to study on an individual schedule. Disabled people also use distance learning, external study practice, as well as homeschooling. During the period of study, a scholarship is paid in an increased amount.

Vocational training of disabled people is also carried out in special educational institutions of the system of the Ministry of Health and Social Development of Russia. In accordance with Decree of the President of the Russian Federation of March 25, 1993 ᴦ. "On measures for vocational rehabilitation and employment of disabled people" The Ministry of Health and Social Development of Russia, the Ministry of Education and Science of the Russian Federation, the State Committee of the Russian Federation for Higher Education were proposed to organize vocational training and retraining of disabled people in subordinate educational institutions, primarily in priority professions and specialties, the mastery of which gives disabled people the greatest opportunity to be competitive in regional labor markets.

The list of such priority professions has been approved Decree of the Ministry of Labor of the Russian Federation of September 8, 1993 ᴦ., which states that when teaching disabled people in all types of educational institutions, medical instructions and contraindications for admission to training and recommendations of the MSEC must be observed.

Vocational training of disabled people can also be carried out directly at work. It has a number of advantages due to the presence of a wide production base at enterprises and the possibility of choosing professions, a reduction in training time, and a higher level of material support during training. In general, all types of vocational training for disabled people is a necessary measure to ensure that they have a real opportunity to get a job, taking into account their state of health and the degree of disability.

The right of persons with disabilities to employment is ensured by the introduction of additional guarantees enshrined in Law of November 24, 1995 ᴦ., as well as in the Law of the Russian Federation "On Employment in the Russian Federation" with changes and additions:

1) implementation of a preferential financial and credit policy in relation to special enterprises employing the labor of disabled people;

2) setting a quota for hiring disabled people;

3) reservation of jobs in professions most suitable for the employment of disabled people;

4) stimulating the creation of additional jobs by enterprises for the employment of disabled people;

5) creation of working conditions for the disabled in accordance with the individual rehabilitation program;

6) creation of conditions for entrepreneurial activity;

7) organizing training for disabled people in new professions.

The law obliges local authorities to ensure the creation of additional jobs and specialized enterprises for the employment of disabled people. The legislation establishes for organizations, regardless of organizational and legal forms and forms of ownership, employing more than 30 people, quotas for the employment of disabled people. Public associations of disabled people and organizations owned by them, business partnerships and companies, the authorized capital of which consists of the contribution of public associations of disabled people, are exempt from mandatory quotas. The executive authorities of the constituent entities of the Russian Federation have the right to establish a higher quota for hiring disabled people.

If enterprises do not comply with the quota for hiring disabled people, they pay a mandatory fee to the State Employment Fund. At the same time, certain measures are also applied to create an enterprise's interest in hiring disabled people. They are provided with tax benefits, in addition, compensations are paid from local budgets and other sources to cover income lost as a result of the employment of disabled people.

In solving the problems of employment of the disabled, an important role belongs to the municipal centers of social services. In accordance with Federal Law of the Russian Federation of August 2, 1995 ᴦ. "On social services for the elderly and disabled"(Article 28) they have the right to create workshops, production workshops, subsidiary farms and necessary industries specifically for the employment of disabled and elderly citizens. Such workshops, workshops and other industries are under the jurisdiction of the administrations of municipal social service centers. The bodies of social protection of the population are directly involved in the issues of employment of disabled people.

Law of November 24, 1995 ᴦ. provides that all disabled people employed in enterprises, institutions and organizations must be provided with the necessary special working conditions in accordance with an individual rehabilitation program (Article 223).

Special jobs for the employment of disabled people are jobs that require additional measures on the organization of labor, including the adaptation of the main and auxiliary equipment, technical and organizational, additional equipment and the provision of technical devices, taking into account the individual capabilities of the disabled.

In cases stipulated by law, the administration is obliged to employ disabled people and, in accordance with medical recommendations, establish for them part-time work and other preferential working conditions. Disabled people of groups I and II are provided with a reduced working day (no more than 35 people per week), annual paid leave (at least 30 calendar days).

Jobs for the disabled at enterprises and organizations must comply with the special requirements for jobs for the disabled, depending on the degree of disability.

Bodies of social protection of the population take the necessary measures to realize the possibility of disabled people to work. Today, when the problems of employment in general and the employment of disabled people in particular have become aggravated, there is a need to expand the necessary work of disabled people.

In accordance with Decree of the Government of the Russian Federation of December 26, 1996 ᴦ. No. 1285 “On approval of the procedure for the participation of elderly citizens and disabled people living in social service institutions in medical and labor activities” in stationary institutions of social service, special jobs are created for persons living in them and having residual working capacity. Therapeutic and labor activities of citizens in stationary institutions are carried out under the guidance of labor instructors and instructors for training workers in accordance with schedules and individual rehabilitation programs.

The determination of the type and duration of medical and labor activity is carried out by a doctor of a stationary institution specifically for each citizen, taking into account his desire. The duration of medical and labor activity should not exceed 4 hours a day.

Read also

Primary, secondary and higher vocational education for disabled people

Guarantees for disabled people in the field of education

The following guarantees have been established in the field of education for persons with disabilities.

1. The necessary conditions for education and training:

The general education of the disabled is carried out with exemption from payment both in general educational institutions equipped, if necessary, with special technical means, and in special educational institutions.

2. Ensuring education in accordance with an individual program for the rehabilitation of a disabled person:

main general;

average (full) general

initial professional;

secondary professional;

higher professional.

3. For disabled people who need special conditions for receiving vocational education:

Creation of special vocational educational institutions of various types and types or appropriate conditions in vocational educational institutions of a general type.

The special conditions of these educational institutions should ensure the implementation of individual rehabilitation programs for the period of training of disabled people and consist of the following:

adaptation of premises, furniture, equipment to the capabilities of the disabled and in accordance with the requirements of barrier-free architecture;

adaptation of training programs to the psychophysiological characteristics of the disabled, pedagogical correction of the educational process.

4. Vocational training and vocational education for persons with disabilities:

In special vocational educational institutions for the disabled, they are carried out in accordance with federal state educational standards on the basis of educational programs adapted for the training of disabled people.

5. Security:

persons with disabilities with exemption from payment or on preferential terms with special teaching aids and literature;

disabled people the opportunity to use the services of sign language interpreters.

6. Providing additional benefits and opportunities for education:

at the level of the Russian Federation;

in individual subjects of the Russian Federation.

7. The right to repeated free vocational education, in accordance with paragraph 7 of Art.

"Citizens of the Russian Federation have the right, in accordance with the established procedure, to repeatedly receive free vocational education in the direction of the state employment service, in case of loss of the opportunity to work in their profession, specialty, in the event of an occupational disease and (or) disability, in other cases provided for by the legislation of the Russian Federation."

Features of admission of disabled people to universities

Order of the Ministry of Education and Science of the Russian Federation dated December 28, 2011 No. 2895 "On Approval of the Procedure for Admission of Citizens to Educational Institutions of Higher Professional Education" provides that the admission of citizens with disabilities can be carried out:

According to clause 3.4, the reception of citizens with disabilities can be carried out both on the basis of USE results, and on the basis of the results of entrance examinations conducted by the university independently (in the absence of USE results), the specifics of which are established by Chapter VI of this Procedure.

Persons with disabilities in this case include persons with disabilities in physical and (or) mental development:

• hard of hearing;

• visually impaired;

  with severe speech disorders;

  with disorders of the musculoskeletal system;

  others, including disabled children, disabled people.

"The admission committee on the official website of the higher educational institution and at the information stand before the start of accepting documents, no later than February 1, places information signed by the chairman of the selection committee on the features of conducting entrance examinations for citizens with disabilities" (clauses 21-21.1).

"Persons with disabilities, when submitting an application, provide, at their discretion, the original or a photocopy of a document confirming their disabilities.

Disabled children, disabled people of groups I and II, who at the time of enrollment in accordance with paragraph 3 of Article 16 of the Law of the Russian Federation "On Education" have the right to be admitted to higher educational institutions out of competition, subject to successful completion of entrance examinations, provide an opinion federal agency medical and social expertise about the absence of contraindications for studying in the relevant educational institutions" (p. 29).

Features of conducting entrance examinations to universities

Features of conducting entrance examinations to universities for various categories of disabled people are specifically defined in the document "Procedure for the admission of citizens to educational institutions of higher professional education", approved by order of the Ministry of Education and Science of the Russian Federation of December 28, 2011 N 2895, and specifically - in chapter VI. Features of conducting entrance examinations for citizens with disabilities.

Special vocational educational institutions for the disabled?

On the basis of the order of the Ministry of Education of the Russian Federation dated May 24, 2004 No. 2356 “On federal head and district educational and methodological centers for the training of disabled people”, a system of educational institutions was created for vocational training of disabled people, including:

Federal Head Centers for the Training of the Disabled

for the training of disabled people with hearing impairment - the state educational institution of higher professional education "Moscow State Technical University named after N.E. Bauman";

for the training of disabled people with a violation of the musculoskeletal system, — State Educational Institution of Higher Professional Education "Moscow State Humanitarian Boarding Institute";

for the training of disabled people with visual impairment - the state educational institution of higher professional education "Russian State Pedagogical University named after A.I. Herzen" (St. Petersburg);

for continuous professional education of disabled people with developmental disorders of various etiologies - the state educational institution of higher professional education "Novosibirsk State Technical University";

for the training of disabled people with developmental disorders of various etiologies, for pedagogical specialties - the state educational institution of higher professional education "Moscow State Pedagogical University".

District educational and methodological centers for the education of the disabled

Eligibility of Persons with Disabilities for Enhanced Scholarships

In accordance with paragraph 3 of Art. 16 FZ of August 22, 1996 No. 125-FZ “On higher and postgraduate vocational education» students of federal state higher educational institutions who study full-time and receive education at the expense of the federal budget are provided with scholarships in the amount of 1,100 rubles.

For disabled students of groups I and II, the amount of the scholarship is increased by 50%.

Forms of vocational training for unemployed disabled people

Vocational training for unemployed disabled persons can be carried out in the following forms:

vocational training to accelerate the acquisition of the skills necessary to perform a particular job;

training a disabled person with a profession in a second profession to expand their professional profile and obtain opportunities to work in a combined profession;

advanced training of a disabled person in order to update theoretical and practical knowledge in connection with the increased requirements for the level of qualifications and the need to master new ways of solving professional problems;

internship for the formation and consolidation in practice of theoretical knowledge, skills and abilities;

advanced training in order to increase professional skills and increase competitiveness in the profession available to a disabled person, as well as the study new technology, technology and other issues related to the profile of professional activity.

Unemployed people with disabilities have the right to receive vocational training in the specified forms on a priority basis.

In accordance with the legislation in force in the country, restrictions on labor duties and rights of citizens, as well as the provision of benefits, are not allowed. This prescription is valid, regardless of race and gender, social status. The Labor Code establishes that disabled people have equal rights with other citizens to work. This possibility is also provided for in Federal Law No. 181. Let us further consider the problems of employment of disabled people.

General information

In Art. 21 of the above Federal Law establishes that enterprises must introduce a certain quota. Employment of disabled people is carried out in organizations with more than 100 people in the amount of 3% of the average number of employees. This figure has been established since 2009. Until 2004, enterprises that did not employ people with disabilities had to pay a fine to the state for each such person. However, these payments were cancelled. The legislation in force today establishes fines for the refusal of enterprise managers to employ disabled people within the current quota. This liability is provided for in Art. 5.42 of the Code of Administrative Offenses.

Limitation

The legislation allows an exception in which the employer has the right to refuse the applicant. In accordance with Art. 3, part 3 of the Labor Code, the right to employ disabled people for work may be limited if this is due to the need to provide care for persons who need enhanced social protection. In other words, if the proposed activity could cause harm to a citizen, then it will be denied.

Important point

The organization of employment of disabled people is carried out in accordance with the recommendations ITU experts. According to Art. 182 when a citizen is transferred to a position with a lower pay in accordance with a medical report, he must retain the average earnings in the previous place for a month. If these events are related to an occupational disease, an injury received in the performance of their duties, or other injuries associated with them, then such payment of remuneration is carried out until the official disability is established or until the employee recovers.

Employment and employment of persons with disabilities

When enrolling a person with disabilities, it must be taken into account that such a person needs special conditions and additional guarantees. The employment program for the disabled is implemented in practice with the support of social protection organizations and medical experts. Compliance is usually the responsibility of the Human Resources Department or the Occupational Safety Engineer. The employment of unemployed disabled people is carried out taking into account recommendations on the permissible level of noise, electromagnetic radiation, dust, etc. The conditions that are provided to citizens should not worsen their position in relation to other employees. This, in particular, is about salary, mode of activity and rest, the duration of annual paid leave, additional days (time off, etc.).

Employment Center for the Disabled

This organization keeps records of citizens with disabilities, provides them with assistance, and also cooperates with enterprises. Vocational training and employment of persons with disabilities is carried out in accordance with the characteristics of their condition, education, preferences. Businesses that employ such citizens may subsequently receive compensation for this. To do this, they should conclude relevant agreements with authorized organizations. The agreements may provide for the training and employment of persons with disabilities directly at the enterprise. To implement this, the production manager needs to create and equip appropriate places.

Process features

Employment of a disabled person is carried out after he submits an appropriate application to the employment center at the place of residence. For each region, district, normative acts are adopted, in which planned figures are set. The employment of a disabled person is carried out with the direct participation of a representative of the personnel department of the company. He and the applicant himself are invited to the CZ. A conversation is held in the presence of a service employee. During it, the representative of the employer presents the candidate for the position with a contract. It prescribes the conditions under which the employment of a disabled person will be carried out. The provisions of the contract determine the schedule, salary, period for which a citizen is enlisted in the state. The document is signed in the presence of a representative of the Central Office. After that, the head of the enterprise begins the preparation of the workplace. The purchase of equipment and other expenses are subsequently reimbursed by the CB.

Calculation of personal income tax

When calculating personal income tax, a disabled person is entitled to the following deductions:

1. 500 rubles/month In accordance with Art. 218, paragraph 2 of the Tax Code, disabled persons of the 1st and 2nd groups can count on such a deduction. and childhood.
2. 300 rubles/month This deduction is provided for in sub. 1 p. 1 art. 218 NK. Liquidators, disabled people, participants and other persons affected by a radiation accident during the test are entitled to it. nuclear weapons and at nuclear facilities, combatants who received shell shock, mutilation, wounds.

These benefits are provided every month, regardless of the size of the subject's annual income. In addition, reduced rates of insurance premiums are provided for disabled people under paragraph 3 of part 1 of Art. 58 FZ No. 212. The provisions of this law apply:

1. To public organizations of the disabled.
2. Companies in which payments are made to citizens who have 1, 2 or 3 groups.
3. Enterprises whose authorized capital is formed by contributions public organizations disabled persons whose average number is not less than 50% and the amount of their salary in the payroll is not less than 1/4.

Companies are allowed to apply benefits on accruals that are calculated in favor of employees with disabilities. Contributions for injuries from the earnings of disabled people are paid in the amount of 60% of the current insurance rate.

Mode of activity and rest

The legislation establishes a number of requirements for the heads of enterprises hiring people with disabilities:

YPRES

Information about the presence of disability must be confirmed by a certain list of documents. The employer, in turn, can find out about certain contraindications, as well as special recommendations on the organization of activities of people with disabilities from a number of regulations. One of them is the IPR - an individual rehabilitation program. An example of its form is presented in Appendix 1 to the Order of the Ministry of Health No. 379n. In addition, confirmation of the presence of disability is carried out according to a certificate of a medical and social examination performed. The conclusion indicates the group and the degree of limitation of the ability to carry out a particular activity.

Is a citizen required to present supporting documents?

Such an obligation is not provided for persons entering the state. In the list of documents that a citizen must present, these papers are not. This means that the applicant himself decides whether to attach them to the main package or not. An exception are cases when the employer requires a health certificate for admission to a closed vacancy, where the proper condition of the employee is an essential condition for the activity. This, for example, takes place during admission to the bodies of the Ministry of Internal Affairs. Some citizens prefer not to advertise their disability until the conclusion of an employment contract. After that, they begin to insist on granting them preferential terms. In these cases, the employer must act in accordance with the Labor Code. In particular, he must amend the contract, taking into account the established guarantees for the employee.

What to do if the employee has partially lost the ability to carry out the previous activities?

When an employee receives a disability, the employer should find out if the employee has any intention of continuing to work. Then the employer must examine the documents that the employee will submit. There are several options for the development of events. Upon recognition of an employee as a disabled person of the 1st group. (ability to work 3rd Art.) he will not be able to continue to fulfill his duties. In this case, according to the results of the medical and social examination, an appropriate conclusion will be given.

Recommendations and features of employment will not be included in his individual rehabilitation program, since he will have a complete disability. On this basis, the enterprise may terminate the contract with the citizen. Upon dismissal, the employee must be paid severance pay. It is equal to two weeks of average monthly earnings. If there was an employment of a disabled person who already had the 1st group, then the employer does not have the right to dismiss him on the above grounds. This is due to the fact that the head of the enterprise was aware of the health of the citizen and, when hiring the latter, it was not difficult for him.

The employee received the 2nd or 3rd gr. and does not want to continue to perform duties

In this case, the employee must write a letter of resignation in accordance with Art. 80. Specified groups are considered workers, that is, a citizen can subsequently find a job at another enterprise. Dismissal in this case will be carried out by agreement of the parties. Here the rules of Art. 78 TK.

The employee has received a group, but wants to continue the activity

The employee may at the same time ask for changes in the conditions of his work in accordance with those described in his program. The employer must therefore be guided by the IPR in his actions. In this case, there are three options. They can be associated with a number of problems. The following options are possible:

1. The existing conditions at the enterprise fully comply with the recommendations given in the IPR. For example, the document states that a person with disabilities should work in a free position, in a sitting position. The current duties of an employee relate to activities at the computer. Accordingly, he performs the work while sitting. The head of the enterprise does not have to change anything, and the employee, in turn, can continue to work.
2. According to the IPR, the employee needs other conditions without adjusting the contract. For example, he is recommended to reduce the static, dynamic or physical activity. The employer will have to review all the conditions in which the employee performs his duties, reduce the standards, change the way he works.
3. The terms of the contract need to be amended. In such situations, it is often necessary to redirect the employee to another job. If the employer has the opportunity to create the proper conditions for the employee or to provide him with another position, he must do so. In this case, all changes are fixed in the contract.

There are cases when the employer does not have the opportunity to bring the working conditions in line with the IPR, and the disabled person himself does not want to move to another position. In such situations, the legislation allows termination of the contract under Part 1, Clause 8, Art. 77. As in other cases, upon dismissal, an employee is paid a severance pay.