Quotas for the employment of persons with disabilities. Job quota algorithm for disabled people and youth

About job quotas

This Law establishes the legal, economic and organizational basis for quoting jobs in the city of Moscow for the employment of disabled people, minors aged 14 to 18, orphans and children left without parental care, under the age of 23, citizens aged 18 to 20 from among the graduates of institutions of primary and secondary vocational education job seekers for the first time; creation and preservation (modernization) of special jobs for disabled people, creation of jobs for young people of these categories, creation of educational places for disabled children studying at home, as well as ensuring unimpeded access of disabled people to workplaces and infrastructure of enterprises. Article 1. Legal basis for quoting jobs in the city of Moscow Russian Federation, federal laws and other regulatory legal acts of the Russian Federation, the Charter of the city of Moscow, this Law and other legal acts of the city of Moscow. Article 2. Conditions for quoting jobs 1. Quotas for jobs are carried out for persons with disabilities recognized as such federal agencies medical and social expertise , in the manner and under the conditions established by the Government of the Russian Federation, minors aged 14 to 18 years, persons from among orphans and children left without parental care, aged up to 23 years, citizens aged 18 to 20 years from the number of graduates of primary and secondary vocational education institutions looking for a job for the first time. 2. Employers, regardless of the organizational and legal forms and forms of ownership of organizations, with the exception of public associations of disabled people and organizations formed by them, including business partnerships and companies whose authorized (reserve) capital consists of the contribution of a public association of disabled people, organize quota-based jobs at their own expense. 3. The fulfillment of the quota for hiring disabled people (hereinafter referred to as the quota) is considered to be the employment by the employer of disabled people with recommendations for work, and other categories of citizens specified in part 1 of this article, confirmed by the conclusion of an employment contract, the validity of which in the current month was at least fifteen days, or monthly payment to the target budget fund for quoting jobs in the city of Moscow of the compensatory cost of the quota job in the amount of the subsistence minimum for the able-bodied population, determined in the city of Moscow on the day of its payment in the manner established by the legal acts of the city of Moscow. Article 3. The procedure for establishing a quota 1. Employers operating in the territory of the city of Moscow, whose average number of employees is more than 100 people, are set a quota of 4 percent of the average number of employees. 2. The employer independently calculates the size of the quota based on the average number of employees employed in the city of Moscow. The average number of employees in the current month is calculated in the manner determined by the federal executive body authorized in the field of statistics. When calculating the number of employees employed at the expense of the quota, their number is rounded down to a whole value. 3. At the expense of the established quota, employers may also employ other categories of citizens specified in paragraph 1 of Article 2, but at the same time, the number of disabled people employed in quota jobs cannot be less than 2 percent of the average number of employees. Article 4. Implementation of the rights and obligations of employers 1. Employers have the right to request and receive from the authorized executive body of the city of Moscow information necessary for the creation of quota jobs. 2. Employers, in accordance with the established quota, are obliged to create or allocate jobs for the employment of disabled people and other categories of citizens specified in paragraph 1 of Article 2. Jobs are considered created (allocated) if citizens of these categories are employed. 3. Employment of citizens on account of the established quota is carried out by employers independently, taking into account the proposals of the federal government body in the field of promoting employment of the population and the authorized executive body of the city of Moscow in the field of social protection of the population, as well as public organizations disabled people. 4. Employers who meet the requirements of Part 1 of Article 3 of this Law are required to quarterly submit to the executive authority of the city of Moscow, coordinating work on job quotas, information on the fulfillment of the quota in the manner established by the Government of Moscow. Article 5. Administrative Liability for Non-Compliance with this Law 1. Failure by an employer to fulfill the obligation established by this Law to create or allocate quota jobs shall entail the imposition of an administrative fine on legal entities in the amount of five hundred times the minimum wage; on officials - in the amount of fifty times the minimum wage. 2. Protocols on cases of administrative offenses provided for by part 1 of this article shall be drawn up officials territorial executive authorities of the city of Moscow and the executive authority of the city of Moscow, coordinating work on quotas for jobs. 3. Cases of administrative offenses provided for by paragraph 1 of this article are considered by the administrative commissions of the prefectures of the administrative districts of the city of Moscow on cases of administrative offenses. 4. The amount of administrative fines is subject to transfer to the budget of the city of Moscow and may be a source of formation of a target budget fund for quoting jobs in the city of Moscow in accordance with the law of the city of Moscow on the budget of the city of Moscow for the next financial year. Article 6 jobs for minors aged 14 to 18, persons from among orphans and children left without parental care, aged up to 23 years, citizens aged 18 to 20 from among graduates of primary and secondary vocational education institutions, job seekers for the first time, for the purpose of their employment, creation of educational places for disabled children studying at home, as well as ensuring unhindered access of disabled people to workplaces and infrastructure of enterprises.

Moscow city

Article 7. Final Provisions 1. This Law shall enter into force 10 days after its official publication. 2. This Law shall apply to legal relations that have arisen since January 1, 2005. 3. The Mayor of Moscow and the Government of Moscow bring their normative legal acts in line with this Law within two months from the date of its entry into force. 4. Recognize invalid the Law of the City of Moscow dated November 12, 1997 No. 47, the Law of the City of Moscow dated January 30, 2002 No. 5, the Law of the City of Moscow dated June 26, 2002 No. 32. P.p. Mayor of Moscow Yu.M. Luzhkov Moscow, Moscow City Duma December 22, 2004 No. 90

Related documents (1)

Certain issues of job quotas for disabled people in private security companies

Since protection is carried out by human resources, the number of employees in PSCs is usually significant, managers are faced with the problem of job quotas. On the one hand, the specificity of services is such that security services require certain health requirements for employees who are issued security guards' certificates. On the other hand, the PSC does not have an exemption from the mandatory quota for hiring disabled people to work for disabled people.

What is a job quota for people with disabilities in the Russian Federation

Quotas for jobs for disabled people in the Russian Federation are one of the directions of state policy in the field of social protection of this category of the population.

The quota is set for all organizations (regardless of the organizational and legal form and form of ownership), the number of employees in which is more than 30 people, with the exception of public associations of disabled people and organizations formed by them, including business partnerships and companies whose authorized (share) capital consists of the contribution of a public association of disabled people (Article 21 of the Federal Law of November 24, 1995 No. 181-FZ "On social protection persons with disabilities in the Russian Federation", hereinafter referred to as the Law on the Social Protection of the Disabled).

The mechanism for setting the quota is determined by the state authorities of the constituent entities of the Russian Federation as a percentage of the average number of employees (but not less than 2% and not more than 4%).

In case of non-fulfillment or impossibility of fulfilling the established quota for hiring disabled people, employers monthly pay to the budgets of the constituent entities of the Russian Federation a mandatory fee for each unemployed disabled person within the established quota. The size and procedure for paying the said fee by employers are determined by the state authorities of the constituent entities of the Russian Federation.

The procedure for recognizing citizens as disabled

In order to implement the Federal Law "On the Social Protection of the Disabled in the Russian Federation" and the Decree of the President of the Russian Federation dated July 1, 1996 No. 1011 "On measures to ensure state support for the disabled", the Government of the Russian Federation approved the Regulation dated August 13, 1996 No. 965 " On the procedure for recognizing citizens as disabled.

This Regulation determines the procedure and conditions for recognizing a person as a disabled person, which is carried out by an institution of the state service of medical and social expertise (hereinafter referred to as the institution).

I, II or III groups but disability. Disability of the I group is established for 2 years, II and III groups - for 1 year.

A person who has been recognized as a disabled person in accordance with the established procedure is issued a certificate confirming the fact of the establishment of disability, as well as an individual rehabilitation program.

Re-examination of disabled people of group I is carried out once every 2 years, disabled people of groups II and III - once a year, and disabled children - once in the period for which the category "disabled child" is established for the child.

Disability is established before the first day of the month following the month for which the re-examination is scheduled.

Quotas for jobs in the city of Moscow

Quotas for jobs in the city of Moscow are carried out on the basis of the Constitution of the Russian Federation, federal laws and other regulatory legal acts of the Russian Federation, the Charter of the city of Moscow, the Law of the City of Moscow dated December 22, 2004 No. 90 "On Quotas for Jobs" (hereinafter - Law No. 90) and other legal acts of the city of Moscow. Law No. 90 came into force on January 10, 2005. (officially published in the newspaper "Tverskaya, 13" on December 30, 2004). The effect of the Law extends to legal relations that have arisen since January 1, 2005.

In this regard, the Law of the City of Moscow of November 12, 1997 No. 47 "On quotas for jobs in the city of Moscow", the Law of the City of Moscow of January 30, 2002 No. 5 "On Amendments to Article 9 of the Law of Moscow" were declared invalid. of Moscow dated November 12, 1997 No. 47 "On quotas for jobs in the city of Moscow", Law of the City of Moscow dated June 26, 2002 No. 32 "On amendments and additions to the Law of the city of Moscow dated November 12, 1997 No. 47 "On quotas jobs in the city of Moscow.

Law No. 90 establishes the legal, economic and organizational basis for quoting jobs in the city of Moscow for hiring disabled people, minors aged 14 to 18, orphans and children left without parental care, under the age of 23 , citizens aged 18 to 20 from among the graduates of institutions of primary and secondary vocational education who are looking for work for the first time.

The fulfillment of the quota for hiring disabled people is considered to be the employment of disabled people with recommendations for work, and other categories of citizens, confirmed by the conclusion of an employment contract, the validity of which in the current month was at least fifteen days, or the monthly payment of compensation to the city budget in the amount of the subsistence minimum for the able-bodied population, determined in Moscow on the day of its payment.

The quota is set at 4 percent of the average number of employees by all employers whose average number of employees is more than 100 people. But at the same time, the number of disabled people accepted for quota jobs cannot be less than 2 percent of the average number of employees.

When calculating the number of employees employed at the expense of the quota, their number is rounded down to a whole value.

In case of non-fulfillment of the established quota, article 5 of Law No. 90 provides for the imposition administrative fine in the following amounts:
- for legal entities in the amount of five hundred times the minimum wage;
- for officials - in the amount of fifty times the minimum wage.

Registration and deregistration

Registration (registration), re-registration and deregistration is carried out in the territorial departments of the Quota Center for Jobs (hereinafter referred to as the Quota Center).

Unregistered employers are not exempt from compensation payments in case of non-compliance with quotas.

Issues of registration, re-registration and de-registration are regulated by Decree of the Government of Moscow dated March 4, 2003 No. No. 125-PP "On approval of the Regulation on quotas for jobs in the city of Moscow" (hereinafter - Regulation No. 125-PP).

Registration, re-registration and de-registration are free of charge.

Employers within a month after state registration the tax authorities are registered with the Quota Center (except for organizations previously registered with the Moscow Employment Fund).

When registering with the Quota Center, employers provide the following information and notarized documents:
- a copy of the certificate of state registration;
— copies of the Articles of Association/Regulations, Memorandum of Association (for an association or union)/decision of the owner (for an institution);
- a copy of the certificate of registration with the tax authority;
— an information letter from state statistics authorities on registration in the Unified State Register of Enterprises and Organizations (Unified State Register of Enterprises and Organizations);
- data on the average number of employees on the day the quotas were established (form P-4 "Information on the number, wages and movement of employees", if the employer does not submit the form to the statistics authorities, then he submits a letter signed by the head and chief accountant, certified by a seal) .

When registering, the employer is assigned a registration number, which is indicated when submitting statistical reports.

The employer is obliged to notify the Quota Center of all changes in registration data. In the event of a change in the place of registration with the tax authorities, the employer must re-register with the Quota Center, and in the event of liquidation of the organization, deregister.

To deregister an employer, the following documents are submitted to the Quota Center:
- Application for deregistration due to liquidation;
— order, decision of the owner on liquidation;
- a copy of the certificate of state registration;
- an information letter on deregistration with the tax authorities as a taxpayer.

According to the explanations of the Quota Center, penalties for organizations that have not been registered with the Quota Center since 2001 currently not applicable.

Reporting

Employers submit to the Quota Center on a quarterly basis by the 15th day of the month following the reporting quarter, information on the fulfillment of established quotas and (or) the payment of a monthly mandatory fee.

The Public Relations Committee of Moscow has introduced form No. 1 - quoting, agreed with the Moscow City Statistics Committee.

Acceptance of reports, registration, re-registration and deregistration is carried out in the territorial divisions of the Quota Center.

Payment for non-fulfillment of the conditions for quoting jobs for the disabled

In case of non-fulfillment or impossibility of fulfilling the established quota, employers monthly pay a fee to the target budget fund for quoting jobs by the 15th day of the month following the month for which payment is made (clause 2.8 of Regulation No. 125-PP).

Indebtedness of payers for settlements with the budget may be collected by force in accordance with federal legislation and the legislation of the city of Moscow.

According to Law No. 90, payment is made in the amount of the subsistence minimum for the able-bodied population, determined in Moscow on the day it is paid.

At present, the compensation amount is RUB 4190.13.

According to the explanations of the Quota Center, in case of non-fulfillment of the quota conditions based on the results of 2004, as well as previous periods (since August 2002), employers pay a mandatory fee to the Moscow budget for each unemployed disabled person within the established quota in the amount of 2629 rubles. (the subsistence minimum for the able-bodied population, established in the Russian Federation on the day the Law of Moscow "On quotas for jobs in Moscow" was declared invalid, as amended by the Law of the City of Moscow dated June 26, 2002 No. 32).

How to take into account the fee for non-compliance with quota conditions for tax purposes?

In our opinion, such a fee is not a measure of liability, i.e. fine. Responsibility can only be established for failure to fulfill the obligations prescribed by law. The obligations of the employer, in accordance with subparagraph 1, paragraph 2, article 24 of the Law on Social Protection of the Disabled, include the allocation and (or) creation of jobs for the disabled in accordance with the quota. The employer is not obliged to independently search for unemployed disabled people. Often there are situations when the employer is ready to employ disabled people at his enterprise, but there are no applications for employment. This is not the fault of the employer, but the quota will not be fulfilled. In this case, there are grounds for making a mandatory payment to the budget.

If the disabled person applied to the employer with a request for employment within the quota and he was refused, then in this case the employer may be subject to an administrative fine provided for in Article 5.42 of the Code of Administrative Offenses of the Russian Federation (hereinafter referred to as the Code of Administrative Offenses of the Russian Federation) in the amount of twenty to thirty minimum wages (as of January 1, 2005, the minimum wage for fines is 100 rubles).

In our opinion, administrative responsibility for refusing to hire a disabled person does not always arise.

There may be cases when the specialty of a disabled person, in accordance with which he would like to carry out his labor functions, is in principle not applicable at this enterprise, while other vacancies available at the enterprise do not suit the disabled person.

A security company, due to the specifics of its activities, cannot always provide work to a disabled person for medical reasons in accordance with the program of his individual rehabilitation, which is developed by specialists of the institution of medical and social expertise personally for each person recognized as disabled.

In this case, if the work of a particular disabled person cannot be used at the enterprise due to the stated (or other objective) reasons, then the employer is not guilty of refusing to conclude an employment contract with this disabled person, and the presence of guilt in committing an offense is an indispensable condition for the onset of administrative responsibility ( article 1.5 of the Code of Administrative Offenses of the Russian Federation).

Tax legislation does not directly regulate the issue of accounting for fees for non-compliance with quota conditions.

The opinion of the Department of the Ministry of the Russian Federation on Taxes and Dues for the city of Moscow is set out in response to a private request from the taxpayer (letter No. 26-12/49184 dated July 23, 2004).

Altai Territory

According to the position set out in this letter, the possibility of replacing the quota of jobs for the disabled by making a mandatory payment for each unemployed disabled person to the budget excludes the qualification of this fee as a tax payment or a penalty. Consequently, the expenses of the organization associated with the monthly payment to the budget of Moscow of a mandatory fee for each unemployed disabled person, can be taken into account for income tax purposes, subject to their documentary evidence.

A similar opinion was also expressed in letters from the Profit Taxation Department of the Ministry of Taxation of the Russian Federation of February 6, 2004 No. 02-3-07 / 17 and the Department of Tax and Customs Tariff Policy of the Ministry of Finance of the Russian Federation of June 16, 2004 No. 03-02-05 / 1 / 55 (also answers to private inquiries).

For the purpose of taxation of profits, it is recognized that it is possible to take into account the expenses of the organization associated with the mandatory payment for each disabled person as part of the expenses associated with production and sale in accordance with Article 264 of the Tax Code of the Russian Federation.

Since all the above letters are not of a regulatory nature and are an explanation, we recommend that organizations, in order to confirm the legitimacy of accepting a fee for non-compliance with quota conditions for tax purposes, send their question to the UMNS in Moscow in order to receive an answer on a specific request.

Deputy Director General— Ivleva Elizaveta Nikolaevna

Legal acts (Regulatory base) of Moscow

Attention! There is one more document associated with this legal act.
See the bottom of this page for more details.

Law of the city of Moscow No. 90 of December 22, 2004

About job quotas

This Law establishes the legal, economic and organizational basis for quoting jobs in the city of Moscow for the employment of disabled people, minors aged 14 to 18, orphans and children left without parental care, under the age of 23, citizens aged 18 to 20 from among the graduates of institutions of primary and secondary vocational education who are looking for work for the first time; creation and preservation (modernization) of special jobs for disabled people, creation of jobs for young people of these categories, creation of educational places for disabled children studying at home, as well as ensuring unimpeded access of disabled people to workplaces and infrastructure of enterprises. Article 1. Legal basis for quoting jobs in the city of Moscow Quotas for jobs in the city of Moscow are carried out on the basis of the Constitution of the Russian Federation, federal laws and other regulatory legal acts of the Russian Federation, the Charter of the city of Moscow, this Law and other legal acts of the city of Moscow. Article 2. Conditions for quoting jobs 1. Quotas for jobs are carried out for disabled persons recognized as such by federal institutions of medical and social expertise, in the manner and under the conditions established by the Government of the Russian Federation, minors aged 14 to 18 years, persons from among children - orphans and children left without parental care, under the age of 23, citizens aged 18 to 20 from among the graduates of primary and secondary vocational education institutions who are looking for a job for the first time. 2. Employers, regardless of the organizational and legal forms and forms of ownership of organizations, with the exception of public associations of disabled people and organizations formed by them, including business partnerships and companies whose authorized (reserve) capital consists of the contribution of a public association of disabled people, organize quota-based jobs at their own expense. 3. The fulfillment of the quota for hiring disabled people (hereinafter referred to as the quota) is considered to be the employment by the employer of disabled people with recommendations for work, and other categories of citizens specified in part 1 of this article, confirmed by the conclusion of an employment contract, the validity of which in the current month was at least fifteen days, or monthly payment to the target budget fund for quoting jobs in the city of Moscow of the compensatory cost of the quota job in the amount of the subsistence minimum for the able-bodied population, determined in the city of Moscow on the day of its payment in the manner established by the legal acts of the city of Moscow. Article 3. The procedure for establishing a quota 1. Employers operating in the territory of the city of Moscow, whose average number of employees is more than 100 people, are set a quota of 4 percent of the average number of employees. 2. The employer independently calculates the size of the quota based on the average number of employees employed in the city of Moscow. The average number of employees in the current month is calculated in the manner determined by the federal executive body authorized in the field of statistics. When calculating the number of employees employed at the expense of the quota, their number is rounded down to a whole value. 3. At the expense of the established quota, employers may also employ other categories of citizens specified in paragraph 1 of Article 2, but at the same time, the number of disabled people employed in quota jobs cannot be less than 2 percent of the average number of employees. Article 4. Implementation of the rights and obligations of employers 1. Employers have the right to request and receive from the authorized executive body of the city of Moscow information necessary for the creation of quota jobs. 2. Employers, in accordance with the established quota, are obliged to create or allocate jobs for the employment of disabled people and other categories of citizens specified in paragraph 1 of Article 2. Jobs are considered created (allocated) if citizens of these categories are employed. 3. Employment of citizens at the expense of the established quota is carried out by employers independently, taking into account the proposals of the federal government body in the field of promoting employment of the population and the authorized executive body of the city of Moscow in the field of social protection of the population, as well as public organizations of the disabled. 4. Employers who meet the requirements of Part 1 of Article 3 of this Law are required to quarterly submit to the executive authority of the city of Moscow, coordinating work on job quotas, information on the fulfillment of the quota in the manner established by the Government of Moscow. Article 5. Administrative Liability for Non-Compliance with this Law 1. Failure by an employer to fulfill the obligation established by this Law to create or allocate quota jobs shall entail the imposition of an administrative fine on legal entities in the amount of five hundred times the minimum wage; on officials - in the amount of fifty times the minimum wage. 2. Protocols on cases of administrative offenses provided for in part 1 of this article are drawn up by officials of the territorial executive authorities of the city of Moscow and the executive authority of the city of Moscow coordinating work on job quotas. 3. Cases of administrative offenses provided for by paragraph 1 of this article are considered by the administrative commissions of the prefectures of the administrative districts of the city of Moscow on cases of administrative offenses. 4. The amount of administrative fines is subject to transfer to the budget of the city of Moscow and may be a source of formation of a target budget fund for quoting jobs in the city of Moscow in accordance with the law of the city of Moscow on the budget of the city of Moscow for the next financial year. Article 6 jobs for minors aged 14 to 18, persons from among orphans and children left without parental care, aged up to 23 years, citizens aged 18 to 20 from among graduates of primary and secondary vocational education institutions, job seekers for the first time, for the purpose of their employment, creation of educational places for disabled children studying at home, as well as ensuring unhindered access of disabled people to workplaces and infrastructure of enterprises. Article 7. Final Provisions 1. This Law shall enter into force 10 days after its official publication. 2. This Law shall apply to legal relations that have arisen since January 1, 2005. 3. The Mayor of Moscow and the Government of Moscow bring their normative legal acts in line with this Law within two months from the date of its entry into force. four.

Job quotas for the disabled

Recognize invalid Law of the City of Moscow dated November 12, 1997 No. 47, Law of the City of Moscow dated January 30, 2002 No. 5, Law of the City of Moscow dated June 26, 2002 No. 32. P.p. Mayor of Moscow Yu.M. Luzhkov Moscow, Moscow City Duma December 22, 2004 No. 90

Related documents (1)

See alsoAdvanced search for documentsLegal acts (Regulatory framework) of Moscow

Attention

Thus, a quota for the disabled at the enterprise is provided if the state has more than a hundred employees.

They make their own regulations.

Quota workplace - what is it?

Thus, the first part of Article 21 states: “For employers with more than 100 employees, the legislation of the subject of the Russian Federation establishes a quota for hiring disabled people in the amount of 2 to 4 percent of the average number of employees.
For employers whose number of employees is not less than 35 people and not more than 100 people, the legislation of the subject of the Russian Federation may establish a quota for hiring disabled people in the amount of not more than 3 percent of the average number of employees.

Moreover, the obligation to reserve places of application of forces for citizens with disabilities applies to business entities, regardless of the form of ownership.

Jobs for the disabled: quotas

3 of the Law of the City of Moscow dated December 22, 2004 No. 90 “On job quotas” (hereinafter referred to as the Law of the City of Moscow on job quotas), the minimum quota for employment of disabled people is 2%.

In the same percentage ratio to the average number of employees, the quota is set for the Moscow Region.

Slightly higher is the quota in the Voronezh region of 3%. And, for example, in the Rostov region, it reaches the maximum allowable value of 4% of the average number of employees.

What is a quota workplace?

Thus, in some regions, quotas for jobs for minors may be provided, while in others it may be absent.

• The employer compares the requirements of local legislation with its average number of employees.
• As soon as the average number of employees exceeds the threshold, after which quotas should be carried out, you should take care to form a special workplace for fulfilling the quota within your organization.

Quota workplace

You should start from the number of staff (and not the nominal number of employees).

• Creation and approval of local documents.
• Registration in the employment authorities.
• Assignment of duties for interaction with the Employment Center to the employee. Providing reports and fulfilling obligations.
• Hint: the task of implementing the norms of laws No. 181-FZ and No. 1032-1 arises after the number of employees reaches 35 people.

  How to comply with the law on job quotas for the disabled

  Study of legislative norms Each enterprise forms a staffing table. The document contains a list of positions and the number of employees occupying these vacancies. According to the form of drawing up the paper, it is supposed to display the final indicators. They make up the staffing to which the legislation is oriented.

Moscow on job quotas, information on the fulfillment of the established quota is sent by the employer not monthly, but quarterly in the prescribed form to the Job Quota Center before the 30th day of the month following the reporting quarter. The information indicates the average number of employees for each month of the reporting quarter, the size of the established quota for months, the number of employees in quota places, including those not employed at the expense of the established quota.

Job quotas for people with disabilities in 2018

According to the Decree of the President of the Russian Federation of 07.05.2012 No. 597 “On measures for the implementation of state social policy”, the Government of the Russian Federation needs to ensure the creation of annually in the period from 2013 to 2015.

up to 14,200 special jobs for the disabled. INTERACTION WITH EMPLOYMENT SERVICE BODIES Please note! The size of the established quota for the employment of persons with disabilities includes the number of jobs previously employed accepted invalids As stated in Art.

25 of the Law on Employment, employers contribute to the implementation of the state policy of employment of the population on the basis of compliance with the quota established for the disabled, their employment or the reservation of certain types of work (professions) for the subsequent employment of such citizens.
For these purposes, according to the same Art.

Quoted jobs. law on the provision of jobs to the disabled

The list includes more than a hundred professions, ranging from a cook to a lawyer and even an artist.

However, it should be borne in mind that such a list was developed almost twenty years ago and does not fully correspond to modern trends in the development of the labor market.

We were warned that they would soon come with an inspection from the employment promotion authorities on the recruitment of people with disabilities within the established quota.

What will be checked first? What information to request? Such checks are carried out in accordance with the Administrative Regulations for the implementation of the state function of control over the hiring of persons with disabilities within the established quota, approved.
by order of the Ministry of Health and Social Development of Russia dated November 1, 2011 No. 1314n.

What is the quota of jobs for the disabled (quotas) in 2018

• Study of legislative norms
• Quota calculation
• Preparation of local acts
• Registration with employment authorities
• Interaction with the Employment Center

• Liability for failure to comply with legal requirements
• Changes in 2018

The norms for providing jobs to beneficiaries are established at the legislative level.

LAW
MOSCOW CITIES

ABOUT QUOTATION OF JOBS

(As amended by the laws of the city of Moscow dated April 8, 2009 No. 4
dated 30.04.2014 No. 20)

This Law establishes the legal, economic and organizational framework for quoting jobs in the city of Moscow for hiring disabled people and young people, creating and maintaining (modernizing) special jobs for disabled people, creating jobs for young people, and also ensuring unhindered access to jobs for people with disabilities and infrastructure of organizations.
(preamble as amended by the Law of the City of Moscow dated 08.04.2009 N 4)

Article 1. Legal basis for quoting jobs in the city of Moscow

Quotas for jobs in the city of Moscow are carried out on the basis of the Constitution of the Russian Federation, federal laws and other regulatory legal acts of the Russian Federation, the Charter of the city of Moscow, this Law and other legal acts of the city of Moscow.

Article 2. Conditions for quoting jobs

1. Quotas for jobs are carried out for disabled persons recognized as such by federal institutions of medical and social expertise, in the manner and under the conditions established by the Government of the Russian Federation, and young people of the following categories: minors aged 14 to 18 years; persons from among orphans and children left without parental care, under the age of 23; graduates of institutions of primary and secondary vocational education aged 18 to 24, higher vocational education aged 21 to 26, looking for a job for the first time.
(part one as amended by the Law of the City of Moscow dated 08.04.2009 N 4)
2. Employers, regardless of the organizational and legal forms and forms of ownership of organizations, with the exception of public associations of disabled people and organizations formed by them, including business partnerships and companies whose authorized (reserve) capital consists of the contribution of a public association of disabled people, organize quota-based jobs at their own expense.
3. The fulfillment of the quota for employment (hereinafter referred to as the quota) is considered:
1) in relation to disabled people - employment by the employer of disabled people who have recommendations for work, confirmed by the conclusion of an employment contract, the validity of which in the current month was at least 15 days;
2) in relation to the categories of young people specified in paragraph 1 of this article - employment by the employer of youth, confirmed by the conclusion of an employment contract, the validity of which in the current month was at least 15 days, or monthly payment to the budget of the city of Moscow of the compensation cost of a quota workplace in the amount of a living wage the minimum for the able-bodied population, determined in the city of Moscow on the day of its payment in the manner established by the regulatory legal acts of the city of Moscow.

Article 3. Procedure for establishing a quota

1. Employers operating in the city of Moscow, whose average number of employees is more than 100 people, are set a quota of 4 percent of the average number of employees: 2 percent - for the employment of disabled people and 2 percent - for the employment of the categories of youth specified in part 1 article 2 of this Law.
(As amended by the Law of the City of Moscow dated April 8, 2009 N 4)
2. The employer independently calculates the size of the quota based on the average number of employees employed in the city of Moscow. The average number of employees in the current month is calculated in the manner determined by the federal executive body authorized in the field of statistics. When calculating the number of employees employed at the expense of the quota, their number is rounded down to a whole value.
3. In the event that the number of disabled people employed in quota jobs is more than 2 percent of the average number of employees, the number of quota jobs in relation to the categories of youth specified in paragraph 1 of Article 2 of this Law is reduced by an appropriate amount.
(part three as amended by the Law of the City of Moscow dated 08.04.2009 N 4)

Article 4. Implementation of the rights and obligations of employers

1. Employers have the right to request and receive, in accordance with the procedure established by the Government of Moscow, information necessary for the creation of quota jobs.
(As amended by the laws of the city of Moscow dated 04/08/2009 No. 4, dated 04/30/2014 No. 20)
2. Employers, in accordance with the established quota, are obliged to create or allocate jobs for the employment of persons with disabilities and categories of youth specified in paragraph 1 of Article 2 of this Law. Jobs are considered created (allocated) if they employ citizens of the specified categories.

3. Employment of citizens at the expense of the established quota is carried out by employers independently, taking into account the proposals of the executive authorities of the city of Moscow authorized by the Government of Moscow, as well as public organizations of the disabled.
(As amended by the laws of the city of Moscow dated April 8, 2009 No. 4, dated April 30, 2014 No. 20)
4. Employers who meet the requirements of Part 1 of Article 3 of this Law are required to quarterly submit information on the fulfillment of the quota in the manner established by the Moscow Government.

Article 5. Administrative liability for failure to comply with this Law

(as amended by the Law of the City of Moscow dated April 8, 2009 N 4)

Failure by the employer to fulfill the obligation established by this Law to create or allocate quota jobs entails administrative liability in accordance with the Code of the City of Moscow on Administrative Offenses.

Article 6. Economic support for employers

(as amended by the Law of the City of Moscow dated April 8, 2009 N 4)

Employers who take measures to create and maintain (modernize) quota jobs, as well as to ensure unhindered access for people with disabilities to workplaces and infrastructure of organizations, are provided with the following economic support measures:
1) providing funds from the budget of the city of Moscow for the implementation of measures to create, maintain (modernize) jobs for the disabled, create jobs for young people, ensure unimpeded access for the disabled to jobs and infrastructure of organizations in the manner established by the Government of Moscow;
2) placement of government orders in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the city of Moscow;
3) provision of tax benefits in accordance with federal laws and laws of the city of Moscow.
(as amended by the Law of the City of Moscow dated April 30, 2014 N 20)

Article 7 Final Provisions

1. This Law shall enter into force 10 days after its official publication.
2. This Law shall apply to legal relations that have arisen since January 1, 2005.
3. The Mayor of Moscow and the Government of Moscow bring their normative legal acts in line with this Law within two months from the date of its entry into force.
4. Recognize as invalid. Law of the city of Moscow of November 12, 1997 N 47 "On quotas for jobs in the city of Moscow", . Law of the City of Moscow of January 30, 2002 N 5 "On Amending Article 9 of the Law of the City of Moscow of November 12, 1997 N 47 "On Quotas for Jobs in the City of Moscow", Law of the City of Moscow of June 26, 2002 N 32 "On amendments and additions to the Law of the city of Moscow dated November 12, 1997 N 47 "On quotas for jobs in the city of Moscow".

Non-compliance with the quota for persons with disabilities is one of the most controversial violations identified by the supervisory authorities. Due to the contradictory interpretation of the legislation, claims are often made against the employer, who actually has everything “according to the regulations”. Denis Eliseenkov, an expert on labor law, explains how to correctly understand regulatory requirements and defend one's position in the event of a lawsuit.

about the author: Denis Eliseenkov, Head of the Labor Disputes Division of the Labor Law Department of Mitrofanova & Partners Law Firm. For more than 10 years, he has been advising employers from various sectors of the economy in the field of labor legislation of the Russian Federation on various aspects of its application and conducting personnel audits. Over 8 years of experience in representing interests in court on the Customer's side.

Quotas for jobs for the disabled is a procedure, the implementation of which always causes controversy and conflicting opinions.

The obligation of the employer to create or allocate jobs for the disabled is regulated by the provisions of the Federal Law of November 24, 1995 N 181-FZ “On the Social Protection of the Disabled in the Russian Federation”, as well as the Law of Moscow of December 22, 2004 N 90 “On Job Quotas ". According to these regulations, employers, in accordance with the established quota for hiring disabled people, are obliged to create or allocate jobs for people with disabilities.

If the employer does not fulfill the obligation to create jobs in accordance with the quota, as well as if he refuses to employ a disabled person, he may be held administratively liable (Russian Code of Administrative Violations, Law of Moscow dated November 21, 2007 N 45 "Code of the City of Moscow about administrative offenses).

At the same time, the current legislation does not give a clear interpretation of what should be understood as the creation or allocation of a workplace. If we follow the literal interpretation of the law, then job allocation means its registration in personnel documents in accordance with general procedure(indicated in the staffing of the company). Job creation means its physical formation.

In any case, the administrative liability provided for by law for refusing to hire a disabled person, as well as for the lack of allocated or created jobs does not mean that employers are obliged to independently search for disabled workers and thus fill the established quota, ensuring actual employment.

This conclusion is confirmed by the position of the Supreme Court of the Russian Federation (Ruling No. 50-APG13-5 dated May 22, 2013).

« The argument that the recognition of the obligation of the employer as fulfilled since the creation of jobs and the admission of disabled people to them means that the existence of unfilled jobs created within the framework of the employment quota can be regarded as a failure to fulfill the obligation to fulfillment of the quota for the employment of persons with disabilities. As follows from the content of the norm, the employer is obliged to create workplace within the quota and is not entitled to refuse to hire a disabled person on grounds not related to special qualification requirements, only in this case his obligation to assign job quotas will be considered fulfilled. Prior to employment, by creating a workplace alone, the goals of the federal law cannot be recognized as achieved, since the obligation to hire a disabled person within the quota is provided for by the norm of the Federal Law (part 2 of article 24 Federal Law of November 24, 1995 N 181-FZ) and, being a restriction of the rights of the employer to fill jobs with other persons, stems from the meaning and objectives of thislaw aimed at protecting disabled people, providing them with equal opportunities with other citizens, which in welfare state designed to serve the achievement of the goals of social peace and ensure a decent standard of living for citizens.

What happens in practice

Nonetheless, arbitrage practice lower courts for this issue in some way does not comply with the requirements of the law. In one of the ongoing administrative cases to challenge the results of an audit, during which the inspectors saw violations in terms of compliance with the requirements of the law on quotas by organizations of jobs for the disabled, the Ostankinsky District Court of Moscow came to the following conclusion. « The creation (allocation) of jobs for disabled people should be understood as the organization and actual employment of workers (disabled people) in such places. Jobs are considered created (allocated) if employees of the above category are employed, in other words, the quota is fulfilled» .

That is, the court believes that bringing an organization to administrative responsibility for the employer’s failure to fulfill the obligation to create or allocate jobs for the employment of disabled people is quite legal if the organization does not have disabled employees or the quota is not filled in full.

For some reason, three circumstances are not taken into account:

• First, administrative responsibility is established not for non-compliance with the quota but for failure by the employer to fulfill the obligation to create or allocate jobs for the employment of persons with disabilities in accordance with the established quota;
• secondly, employers have no obligation to independently search for workers of the above category to fill the established quota;
• thirdly, there is a separate responsibility for refusing to hire a disabled person and not providing information to the employment authorities.

The last obligation is formulated in paragraph 3 of Article 25 of the Law of the Russian Federation of April 19, 1991 N 1032-1 “On Employment in the Russian Federation” - to provide information to the employment service authorities regarding:

• availability of vacancies (positions);
• created or allocated jobs for the employment of persons with disabilities in accordance with the established quota for the employment of persons with disabilities;
• information about local regulations containing information about these workplaces;
• fulfillment of the quota for the employment of persons with disabilities.

These duties are aimed at fulfilling the quota by the employer. That is, creation and allocation of jobs is one of the components of the quota process.

The position of the courts that jobs are considered created (allocated) only if they employ workers of the above category does not fully comply with the requirements of the current legislation.

Thus, in order to exclude claims from the inspection bodies on this issue, as well as to reasonably challenge the legality of bringing to administrative responsibility for failure to fulfill the obligation to create and allocate quota jobs, organizations need to take all measures to comply with the quota for hiring disabled people established by the current legislation. Including - to comply with the requirements of paragraph 3 of Article 25 of the Law of the Russian Federation of April 19, 1991 N 1032-1 "On Employment in the Russian Federation". Taken together, all these actions, if documented, will help to defend their innocence.

Quotas for jobs for people with disabilities are just one item on the “targeted” list of issues of supervisory authorities (including the GIT). The seminar "" will help to understand the numerous regulatory contradictions and "insure" the company against reputational and financial risks.

Job quotas . Additional guarantees of employment for certain categories of citizens experiencing difficulties in finding a job.

Job quotas are the definition of the minimum number of jobs (as a percentage of the average number of employees) for people who have difficulty finding a job, whom the employer is obliged to employ in this organization, including the number of jobs already employed by citizens of these categories.

The quota for the employment of persons with disabilities is established in accordance with the Federal Law "On the Social Protection of Persons with Disabilities in the Russian Federation". Art. 21 FZ says:

- For organizations with more than 100 employees, the legislation of the subject of the Russian Federation establishes a quota for hiring disabled people as a percentage of the average number of employees (but not less than 2 and not more than 4 percent);

— public associations of disabled people and organizations formed by them, including business partnerships and companies, the authorized (reserve) capital of which consists of the contribution of a public association of disabled people, are exempted from mandatory quotas for jobs for disabled people.

The need for quotas for jobs for persons under 18 years of age is provided for in Art. 11 of the Federal Law "On Basic Guarantees of the Rights of the Child in the Russian Federation".

One of the state guarantees for the employment of some of the most socially unprotected categories of citizens is the quota of jobs. In fact, job quotas are the obligation of employers to create or allocate jobs for the employment of these categories of citizens in a certain amount, depending on the number of employees of the organization. In most cases, the law will determine the obligation to set job quotas for disabled people, however, in a number of regions of the Russian Federation, a quota is also established for the employment of other categories of citizens (for example, young people, former prisoners who served sentences for crimes committed, etc.). Let us analyze what the main obligations of the employer are provided for by law in terms of job quotas.

The procedure for establishing a quota is primarily determined by the federal law of November 24, 1995 N 181-FZ "On the social protection of persons with disabilities in the Russian Federation" (hereinafter Federal Law No. 181). According to Article 21 of the Federal Law No. 181, in order to determine the size of the quota for employment of disabled people, it is necessary to calculate the number and average number of employees. Thus, for employers with more than 100 employees, the legislation of the subject of the Russian Federation establishes a quota for hiring disabled people in the amount of 2 to 4 percent of the average number of employees. For employers whose number of employees is not less than 35 people and not more than 100 people, the legislation of the subject of the Russian Federation may establish a quota for hiring disabled people in the amount of not more than 3 percent of the average number of employees.

Accordingly, it is necessary to determine the number of employees of the organization. If it is less than 35 people, there is no obligation to assign job quotas. If the number of employees is from 35 or more people, it is necessary to refer to the legislation of the constituent entity of the Russian Federation, where the employer organization is located, to calculate the size of the quota, depending on the average number of employees. If the number of employees is more than 100 people, in any case, the legislation of the subject should provide for the obligation to set quotas with a quota of 2 to 4 percent of the average number of employees. With a staff of 35 to 100 people, such an obligation is not imperatively established. That is, if the number of employees is up to 100 people, the obligation to set quotas may not be established by the legislation of the subject. This usually happens in large subjects, such as, for example, Moscow or St. Petersburg. In these cities, the quota obligation arises when the number of employees is more than 100 people. Accordingly, the specific size of the quota, as well as other categories of citizens for whom it is necessary to allocate or create jobs within the established quota, is also established by the legislation of the constituent entity of the Russian Federation.

Next, you need to decide on the average number of employees, because it is from this indicator that the quota will be calculated. For calculation this indicator it is recommended to be guided by the order of Rosstat dated October 26, 2015 N498. Please note that when calculating the quota for hiring disabled people, the average number of employees does not include employees whose working conditions are classified as harmful and (or) dangerous working conditions based on the results of certification of workplaces for working conditions or the results of a special assessment of working conditions.

The next obligation of the employer related to quotas is the approval and development of a local regulatory act regulating quota issues (Article 24 of the Federal Law No. 181). Thus, if the employer "falls" under the obligation of quoting according to the criteria described above, he must develop and approve a separate local regulatory act. That is, this local act is mandatory, along with, for example, the internal labor regulations.

Another obligation of the employer, which many, unfortunately, forget, is to notify the employment service authorities of the fulfillment of the obligation to set quotas. According to part 3 of Art. 25 of the Law of the Russian Federation of April 19, 1991 N1032-1 "On Employment in the Russian Federation", employers are required to submit monthly information to the employment service authorities on the availability of vacancies and vacant positions, created or allocated jobs for the employment of persons with disabilities in accordance with the established quota for employment of persons with disabilities, including information on local regulations containing information about these jobs, fulfillment of the quota for the employment of persons with disabilities. The forms of these documents are also approved by the legislation of the subject of the Russian Federation.

An interesting point. The fact is that the above rule does not make exceptions for employers. Accordingly, all employers, regardless of the number of employees, must provide this information to the employment service authorities on a monthly basis. This conclusion is confirmed by inspection practice. However, the practice in each region on this issue is different, and therefore, in order to minimize possible risks, it is recommended to obtain official clarification in the body of the employment service of the subject where the employer is located.

Additionally. Please note that in some constituent entities of the Russian Federation, in addition to the employment service, it is necessary to periodically notify other authorities of the fulfillment of the obligation to set quotas. For example, in Moscow, such a body is the State Treasury Institution of the City of Moscow "Center for Job Quotas". Employers must submit information to this body on a quarterly basis (Decree of the Government of Moscow dated 04.08.2009 N742-PP “On Approval of the Regulations on Quotas for Jobs in the City of Moscow”).

Yuzhalin Alexander,

senior lawyer of the labor law department,

group of companies Valentina Mitrofanova