Quota jobs. Law on providing jobs for people with disabilities. Quotas for jobs for people with disabilities are quotas for hiring people with disabilities

Failure to comply with the quota for disabled people is one of the most controversial violations identified by supervisory authorities. Due to the contradictory interpretation of the law, claims are often made against the employer, who in fact has everything “according to regulations.” Labor law expert Denis Eliseenkov explains how to correctly understand regulatory requirements and defend your position in the event of litigation.

about the author: Denis Eliseenkov, head of the labor disputes department of the Labor Law Department of the Mitrofanova and 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 Client’s side.

Quoting jobs for people with disabilities is a procedure, the implementation of which always causes controversy and conflicting opinions.

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

If an 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 brought to administrative liability (Code of the Russian Federation on Administrative Violations, Moscow Law of November 21, 2007 N 45 “Moscow City Code” on administrative offenses").

At the same time, the current legislation does not provide a clear interpretation of what should be understood by the creation or allocation of a workplace. If we follow the literal interpretation of the law, then allocation of a workplace means its registration in personnel documents in accordance with the general procedure (indication in the company’s staffing table). Creating a workplace means its physical formation.

In any case, administrative liability provided for by law for refusal 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 (Determination dated May 22, 2013 No. 50-APG13-5).

« The argument that the recognition of the employer’s obligation as fulfilled from the moment of creation of jobs and the employment of disabled people in them cannot be considered valid means that the mere presence 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 hiring disabled people. As follows from the content of the norm, the employer is obliged to create a workplace within the quota and does not have the right to refuse to hire a disabled person on grounds not related to special qualification requirements, only in this case his obligation to create a quota of workplaces will be considered fulfilled. Before hiring, the creation of a workplace alone cannot recognize the goals of the federal law 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 employer’s rights to fill jobs with other persons, stems from the meaning and purposes of thisLaw , aimed at protecting people with disabilities, providing them with equal opportunities with other citizens, which in a social state is intended to serve the goals of social peace and ensuring a decent standard of living for citizens.”

What happens in practice

However, the jurisprudence of the lower courts on this issue is in some ways inconsistent with the requirements of the law. In one of the ongoing administrative cases challenging the results of an inspection, during which inspectors found violations in terms of compliance with legal requirements regarding organizations' quotas of jobs for people with disabilities, the Ostankino District Court of Moscow came to the following conclusion. « The creation (allocation) of jobs for people with disabilities should be understood as the organization and actual employment of workers (disabled people) in such places. Jobs are considered created (allocated) if they employ workers of the above category, in other words, the quota has been 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 completely 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:

• firstly, administrative responsibility has been established not for not meeting the quota, and for failure by the employer to fulfill the obligation to create or allocate jobs for the employment of disabled people in accordance with the established quota;
• secondly, employers do not have the obligation to independently search for workers of the above category to fill the established quota;
• thirdly, separate liability is provided for refusal to hire a disabled person and failure to provide information to 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 of the Population in the Russian Federation” - to provide information to the employment service authorities regarding:

• availability of vacant jobs (positions);
• created or allocated workplaces for the employment of disabled people in accordance with the established quota for hiring disabled people;
• information about local regulations containing information about these workplaces;
• fulfilling the quota for hiring disabled people.

These responsibilities are aimed at ensuring that the employer fulfills the quota. That is, creation and allocation of jobs- This 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 current legislation.

Thus, in order to exclude claims from 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 you defend your case.

Quoting jobs for people with disabilities is just one item on the “targeted” list of issues of supervisory authorities (including State Labor Inspectorate). The “” seminar will help you understand the numerous regulatory contradictions and “insure” the company against reputational and financial risks.

This Law establishes the legal, economic and organizational basis for quotas of jobs in the city of Moscow for hiring disabled people, minors aged 14 to 18 years, orphans and children without parental care under the age of 23, citizens aged 18 to 20 years from among graduates of primary and secondary vocational education institutions looking for work for the first time; creating and maintaining (modernizing) special jobs for people with disabilities, creating jobs for youth of these categories, creating educational places for disabled children studying at home, as well as ensuring unhindered access for people with disabilities to jobs and enterprise infrastructure. Article 1. Legal basis for 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, this Law and other legal acts of the city of Moscow. Article 2. Conditions for quotas of jobs 1. Quotas of jobs are carried out for disabled people recognized as such by federal institutions of medical and social expertise, in the manner and on 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 years from among graduates of primary and secondary vocational education institutions, looking for work 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 societies, the authorized (share) capital of which 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 who have 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 quotas of jobs in the city of Moscow of the compensatory cost of a quota-based workplace in the amount of the subsistence minimum for the working population, determined in the city of Moscow on the day of its payment in the manner established by 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 workers employed under the quota, their number is rounded down to the whole number. 3. At the expense of the established quota, employers can employ other categories of citizens specified in Part 1 of Article 2, but at the same time, the number of disabled people hired for 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 the information necessary when creating 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 Part 1 of Article 2. Jobs are considered created (allocated) if citizens of the specified categories are employed in them. 3. Employment of citizens against the established quota is carried out by employers independently, taking into account proposals from the federal government body in the field of promoting employment of the population and the authorized executive body in the field of social protection of the population, as well as public organizations of disabled people. 4. Employers that meet the requirements of Part 1 of Article 3 of this Law are required to submit quarterly information on the fulfillment of the quota to the executive body coordinating the work on job quotas in the manner prescribed. Article 5. Administrative liability for failure to comply 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; for 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 bodies and the executive body coordinating work on job quotas. 3. Cases of administrative offenses provided for in Part 1 of this article are considered by administrative commissions of the city of Moscow on cases of administrative offenses. 4. The amount of administrative fines is subject to credit to the budget of the city of Moscow and may be a source of formation of a target budget fund for quotas of 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. Activities financed from the funds of the target budget fund for quotas of jobs in the city of Moscow The funds of the target budget fund for quotas of jobs in the city of Moscow are used for the creation and preservation (modernization) of special jobs, specialized areas, workshops and production facilities for people with disabilities, the creation jobs for minors aged 14 to 18 years, orphans and children left without parental care under the age of 23, 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, the creation of educational places for children with disabilities studying at home, as well as ensuring unhindered access for people with disabilities to workplaces and the infrastructure of enterprises. Article 7. Final provisions 1. This Law comes into force 10 days after its official publication. 2. This Law applies to legal relations that arose from January 1, 2005. 3. The Mayor of Moscow and bring his regulatory legal acts into compliance with this Law within two months from the date of its entry into force. 4. Recognize Moscow City Law No. 47 of November 12, 1997 as no longer in force. P.p. Mayor of Moscow Yu.M. Luzhkov Moscow, Moscow City Duma December 22, 2004 No. 90

The employer is obliged to provide jobs for citizens who are in particular need of social protection and have difficulty finding work. This category includes young people and people with disabilities. In the article, we will look at which employers are required to place quotas on jobs for people with disabilities, what responsibilities the employer must fulfill, the size of the quota in Moscow, and much more.

Who is obliged to place quotas on jobs?

The quota for hiring disabled people is established by the legislation of the constituent entity of the Russian Federation for each organization, institution, enterprise within the limits established by Federal Law.

If the number of employees exceeds 100 people, the quota size is 2% -4% of the average number of employees. If the employer’s personnel ranges from 35 to 100 people, then the quota is no more than 3% (Article 21 of Federal Law No. 181-FZ dated November 24, 1995 (as amended on December 29, 2017).

When calculating the quota, those employees whose working conditions, according to the results of workplace certification, are classified as harmful and/or dangerous, are not included in the average headcount. Moreover, when calculating the quota, branches and representative offices of the company located in other areas are not taken into account.

The following are exempt from job quotas for disabled people:

public associations of disabled people
organizations created by public associations of disabled people
business partnerships and societies, the authorized capital of which consists of the contribution of a public association of disabled people

What are the responsibilities of an employer in ensuring the employment of people with disabilities?

In accordance with Art. 24 of Federal Law No. 181-FZ of November 24, 1995, the employer must:

create jobs for employing people with disabilities and apply local regulations that contain information about these jobs
create the necessary working conditions in accordance with an individual rehabilitation or habilitation program for a disabled person
provide information to the employment service

What is the quota in Moscow

The procedure for establishing a quota for disabled people is determined by Art. 3 of the Moscow Law of December 22, 2004 No. 90 “On job quotas”.

If the number of employees exceeds 100 people, the quota for disabled people is 2% of the average number of employees. The calculation is made by the employer independently, 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 established by the federal executive body authorized in the field of statistics. When calculating the number of workers employed under the quota, their number is rounded down to the whole number.

Quota calculation example

The average number of employees of the company (Moscow) is 325 people. Quota size for disabled people: 325 x 0.02 = 6.5 This means that the quota for the company is 6 people.

Fulfillment of the quota is the employment of a disabled person who has recommendations for work. Confirmation – conclusion of an agreement, the validity of which in the current month was at least 15 days.

Step-by-step instructions on how to organize work with quotas

Local regulatory act on quotas (sample)

1. General Provisions

2. Conditions and procedure for job quotas

3. Employment of disabled people against the quota

What kind of reporting on job quotas?

The employer is obliged to provide the employment service authorities with:

data on the jobs he created to employ people with disabilities according to the established quota
information on local regulations on quotas
quota fulfillment information

The forms and deadlines for submitting reports are established by regional legislation on quotas or a legal act adopted on its basis by the executive body of state power of a constituent entity of the Russian Federation in the field of labor and employment.

Information on the fulfillment of the established quota is provided to the employment center quarterly.

Employer's liability

The administrative responsibility of the employer for non-compliance with established quota standards is established not only at the federal, but also at the regional level.

According to Art. 2.2 of the Moscow Code of Administrative Offenses (approved by Moscow Law No. 45 of November 21, 2007) fine for failure to fulfill the obligation to create quota jobs:

for officials – from 3,000 to 5,000 rubles.
for legal entities – from 30,000 to 50,000 rubles.

For Russian citizens who belong to a vulnerable category of the population, social policy programs are applied, aimed not only at protecting their rights, but also at improving the quality of life. The government reviewed and approved a number of regulations defining the procedure for employing people with disabilities in enterprises, implemented through quota regulation of their ratio in relation to the total number of employees.

What is job quotas?

Job quotas

Job quotas for people with disabilities determine the minimum number of jobs reserved for citizens who find it difficult to find employment without taking advantage of the social protection program. The quota value is calculated as a percentage of the total number of employees, determined according to the approved staffing table. According to the Labor Code, an enterprise is obliged to hire a disabled person sent by authorized bodies for employment, provided that the company does not comply with quota requirements due to understaffing in the required ratio of employees.

Why quotas are used

In a world of unstable economic conditions, finding work is difficult even for healthy citizens. And if a person is disabled, which limits his capabilities and abilities, then it is even more difficult for him to find a job. Disability pensions are small, and this category of people often needs money for treatment, which forces them to look for work. By enacting quota legislation, the state decided to help unemployed citizens who are disabled.

According to approved regulatory requirements, business entities using hired labor are required to employ a certain number of vulnerable citizens.

Who can use the preferential right

State policy promoting employment is aimed at a number of categories of citizens who find it difficult to find work on their own due to being classified as an unpopular category of workers:

• disabled people;
• under 18 years of age;
• elderly people, pre-retirement age;
• released after being in prison;
• refugees;
• parents, single or with many children;
• discharged from military service;
• without work experience after graduating from a secondary vocational institution, at the age of 18-20 years.

Read also: Dumping: what is it in simple words

Implementation mechanism

How to properly register a disabled person for work

A quota-based workplace is presented in the form of a vacant position, which is reserved in advance by the state. It is intended for employment of a special category of citizens who find it difficult to find work on their own.

The law on job quotas for people with disabilities is applicable to business entities, regardless of the industry.

Its diverse goals are to provide guarantees during events that provide opportunities for employment, self-realization, career growth and education. The workplace allocated to a disabled person under a quota must allow the employee to carry out professional activities without causing harm to his health.

How to prepare a workplace for a disabled person

To do this, you need to consider some important parameters that you need to find out about a potential employee. These include health status and a list of medical contraindications. It is also important to take into account occupational hazards in the workplace.

Applicable benefits for disabled people

The regulation on quotas of jobs in an organization for people with disabilities determines the need to reserve them in an amount depending on the number of employees on the payroll. If the staffing schedule of the enterprise involves the number of employees less than 35 people, then 1 place is subject to quotas. If 100 employees are employed, at least 4 places should be reserved. For large enterprises with more than 100 employees, 2-4 percent of the total number of employees should be reserved for the employment of disabled people.

If the staffing table of a business entity includes less than 35 employees, then the organization may not participate in the social program and not submit the corresponding reports.

Reporting

Regulating the needs of citizens

In each region, a separate list of citizens in need of employment is formed. Disabled people have priority right to assistance. The remaining categories are provided with assistance in ensuring normal living conditions based on the economic situation, the capabilities of the federal budget, as well as the availability of reserves at enterprises carrying out economic activities in a particular region. Regulation of quota values ​​for disabled people and other categories of citizens is carried out in accordance with statistical data that generates lists of those in need of help.

About job quotas

This Law establishes the legal, economic and organizational basis for quotas of jobs in the city of Moscow for hiring disabled people, minors aged 14 to 18 years, orphans and children without parental care under the age of 23, citizens aged 18 to 20 years from among graduates of primary and secondary vocational education institutions looking for work for the first time; creating and maintaining (modernizing) special jobs for people with disabilities, creating jobs for youth of these categories, creating educational places for disabled children studying at home, as well as ensuring unhindered access for people with disabilities to jobs and enterprise infrastructure. Article 1. Legal basis for 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, this Law and other legal acts of the city of Moscow. Article 2. Conditions for quotas of jobs 1. Quotas of jobs are carried out for disabled people recognized as such by federal institutions of medical and social expertise, in the manner and on 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 years from among graduates of primary and secondary vocational education institutions, looking for work 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 societies, the authorized (share) capital of which 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 who have 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 quotas of jobs in the city of Moscow of the compensatory cost of a quota-based workplace in the amount of the subsistence minimum for the working population, determined in the city of Moscow on the day of its payment in the manner established by 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 workers employed under the quota, their number is rounded down to the whole number. 3. At the expense of the established quota, employers can employ other categories of citizens specified in Part 1 of Article 2, but at the same time, the number of disabled people hired for 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 Part 1 of Article 2. Jobs are considered created (allocated) if citizens of the specified categories are employed in them. 3. Employment of citizens against the established quota is carried out by employers independently, taking into account proposals from 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 disabled people. 4. Employers who meet the requirements of Part 1 of Article 3 of this Law are required to submit quarterly information on the fulfillment of the quota to the executive authority of the city of Moscow coordinating the work on job quotas in the manner established by the Moscow Government. Article 5. Administrative liability for failure to comply 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; for 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 in Part 1 of this article are considered by the administrative commissions of prefectures of administrative districts of the city of Moscow on cases of administrative offenses. 4. The amount of administrative fines is subject to credit to the budget of the city of Moscow and may be a source of formation of a target budget fund for quotas of 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. Activities financed from the funds of the target budget fund for quotas of jobs in the city of Moscow The funds of the target budget fund for quotas of jobs in the city of Moscow are used for the creation and preservation (modernization) of special jobs, specialized areas, workshops and production facilities for people with disabilities, the creation jobs for minors aged 14 to 18 years, orphans and children left without parental care under the age of 23, 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, the creation of educational places for children with disabilities studying at home, as well as ensuring unhindered access for people with disabilities to workplaces and the infrastructure of enterprises.

Moscow cities

Article 7. Final provisions 1. This Law comes into force 10 days after its official publication. 2. This Law applies to legal relations that arose from January 1, 2005. 3. The Mayor of Moscow and the Moscow Government shall bring their regulatory legal acts into compliance with this Law within two months from the date of its entry into force. 4. The Moscow City Law of November 12, 1997 No. 47, the Moscow City Law of January 30, 2002 No. 5, the Moscow City Law of June 26, 2002 No. 32 shall be declared invalid. P.p. Mayor of Moscow Yu.M. Luzhkov Moscow, Moscow City Duma December 22, 2004 No. 90

Related documents (1)

Selected issues of quotas for jobs for people with disabilities in private security companies

Since security is carried out by human resources, the number of employees in private security companies is usually significant, managers are faced with the problem of job quotas. On the one hand, the specificity of the services is such that security services require certain health requirements for workers who are issued a security guard certificate. On the other hand, private security companies do not have an exemption from the mandatory quota for hiring disabled people to work for disabled people.

What is job quotas for disabled people in the Russian Federation?

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

The quota is established 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, the authorized (share) capital of which 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 of Disabled Persons in the Russian Federation”, hereinafter referred to as the Law on Social Protection of Disabled Persons).

The mechanism for establishing a quota is determined by government bodies 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 pay a monthly obligatory payment to the budgets of the constituent entities of the Russian Federation for each unemployed disabled person within the established quota. The amount and procedure for employers to pay the specified fee are determined by government bodies of the constituent entities of the Russian Federation.

The procedure for recognizing citizens as disabled

In order to implement the Federal Law "On Social Protection of Disabled Persons in the Russian Federation" and Decree of the President of the Russian Federation dated July 1, 1996 No. 1011 "On measures to ensure state support for disabled people," the Government of the Russian Federation approved Regulations 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 disabled, which is carried out by the institution of the state medical and social examination service (hereinafter referred to as the institution).

Depending on the degree of impairment of body functions and limitations of life activity, a person recognized as disabled is assigned disability group I, II or III. Disability of group I is established for 2 years, groups II and III - for 1 year.

A person recognized as disabled in accordance with the established procedure is issued a certificate confirming the fact 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 during the period for which the child is classified as a "disabled 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 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, Law of Moscow dated December 22, 2004 No. 90 “On quotas for jobs” (hereinafter referred to as Law No. 90) and other legal acts of Moscow. Law No. 90 came into force on January 10, 2005. (officially published in the newspaper "Tverskaya, 13" on December 30, 2004). The Law applies to legal relations arising from January 1, 2005.

In this regard, the Moscow City Law of November 12, 1997 No. 47 “On quotas for jobs in the city of Moscow” and the Moscow City Law of January 30, 2002 No. 5 “On amendments to Article 9 of the Law of the City of Moscow” were declared invalid. Moscow dated November 12, 1997 No. 47 “On quotas for jobs in the city of Moscow”, Moscow Law dated June 26, 2002 No. 32 “On amendments and additions to the Moscow City Law 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 quotas of jobs in the city of Moscow for hiring disabled people, minors aged 14 to 18 years, orphans and children without parental care under the age of 23 , citizens aged 18 to 20 years old from among graduates of primary and secondary vocational education institutions, looking for work for the first time.

Fulfillment of the quota for hiring disabled people is considered to be the employment of disabled people who have 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 payment of monthly compensation to the city budget in the amount of the subsistence minimum for the working 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 hired for quota jobs cannot be less than 2 percent of the average number of workers.

When calculating the number of workers employed under the quota, their number is rounded down to the whole number.

In case of failure to fulfill 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 minimum wages;
- for officials - in the amount of fifty times the minimum wage.

Registration and deregistration

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

Unregistered employers are not exempt from compensation payments if quotas are not met.

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

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

Employers within a month after state registration with the tax authorities, they 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 state registration certificate;
— copies of the Charter/Regulations, constituent agreement (for an association or union)/owner’s decision (for an institution);
— a copy of the certificate of registration with the tax authority;
— information letter from state statistics bodies on registration in the 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 workers”, if the employer does not submit the form to the statistical authorities, then he submits a letter signed by the manager 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 about all changes in registration data. In the event of a change in the place of registration with the tax authorities, the employer must undergo re-registration at the Quota Center, and in the event of liquidation of the organization, it must be deregistered.

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 state registration certificate;
— information letter about deregistration with the tax authorities as a taxpayer.

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

Reporting

Employers provide the Quota Center quarterly, before the 15th day of the month following the reporting quarter, with information on the fulfillment of established quotas and (or) payment of the monthly mandatory fee.

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

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

Payment for failure to comply with job quota conditions for disabled people

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

The debt of payers for settlements with the budget can be collected forcibly 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 working population, determined in Moscow on the day of its payment.

Currently, the compensation amount is 4190.13 RUR.

According to the explanations of the Quota Center, if quota conditions are not met at the end 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 2,629 rubles. (the living wage for the working population, established in the Russian Federation on the day the Moscow Law “On quotas for jobs in Moscow” was invalidated, as amended by the Moscow Law of June 26, 2002 No. 32).

How to take into account the fee for failure to comply with quota conditions for tax purposes?

In our opinion, such a fee is not a measure of responsibility, i.e. fine Responsibility can only be established for failure to fulfill the obligations provided for by law. The employer’s responsibilities, in accordance with subparagraph 1, paragraph 2, article 24 of the Law on Social Protection of Persons with Disabilities, include the allocation and (or) creation of jobs for people with disabilities in accordance with the quota. The employer is not obliged to independently search for unemployed disabled people. Situations often arise when an employer is ready to employ disabled people at his enterprise, but no applications for employment are received. This is not the employer’s fault, but the quota will not be met. In this case, there are grounds for introducing a mandatory fee into the budget.

If a disabled person applied to the employer with a request for employment within the quota and 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 liability for refusal 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 inapplicable at a given enterprise, and other vacancies available at the enterprise do not suit the disabled person.

Due to the specific nature of its activities, a security company 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 from a medical and social examination institution 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 to blame for refusing to conclude an employment contract with this disabled person, and the presence of guilt in committing an offense is a prerequisite for the onset of administrative liability ( 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 failure to comply with quota conditions.

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

Altai Territory

According to the position stated in this letter, the possibility of replacing quotas for jobs for disabled people by making a mandatory payment for each unemployed disabled person into the budget excludes the qualification of this payment as a tax payment or a penalty. Consequently, the organization’s expenses associated with the monthly payment to the budget of the city of Moscow of a mandatory fee for each unemployed disabled person, can be taken into account for profit tax purposes, subject to their documentary confirmation.

A similar opinion was also expressed in letters from the Department of Profit Taxation of the Ministry of Taxes of the Russian Federation dated 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 dated June 16, 2004 No. 03-02-05/1/ 55 (also replies to private inquiries).

For profit tax purposes, it has been recognized that it is possible to take into account the organization’s expenses associated with the mandatory payment for each disabled person who is unable to work, as part of the expenses associated with production and sales in accordance with Article 264 of the Tax Code of the Russian Federation.

Since all the above letters are not normative in nature and are an explanation, we recommend that organizations, in order to confirm the legality of accepting a fee for failure to comply with quota conditions for tax purposes, send their question to the Department of Taxation in Moscow in order to receive an answer to a specific request.

Deputy General Director - Elizaveta Nikolaevna Ivleva

Legal acts (Regulatory framework) of Moscow

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

Moscow City Law No. 90 of December 22, 2004

About job quotas

This Law establishes the legal, economic and organizational basis for quotas of jobs in the city of Moscow for hiring disabled people, minors aged 14 to 18 years, orphans and children without parental care under the age of 23, citizens aged 18 to 20 years from among graduates of primary and secondary vocational education institutions looking for work for the first time; creating and maintaining (modernizing) special jobs for people with disabilities, creating jobs for youth of these categories, creating educational places for disabled children studying at home, as well as ensuring unhindered access for people with disabilities to jobs and enterprise infrastructure. Article 1. Legal basis for 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, this Law and other legal acts of the city of Moscow. Article 2. Conditions for quotas of jobs 1. Quotas of jobs are carried out for disabled people recognized as such by federal institutions of medical and social expertise, in the manner and on 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 years from among graduates of primary and secondary vocational education institutions, looking for work 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 societies, the authorized (share) capital of which 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 who have 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 quotas of jobs in the city of Moscow of the compensatory cost of a quota-based workplace in the amount of the subsistence minimum for the working population, determined in the city of Moscow on the day of its payment in the manner established by 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 workers employed under the quota, their number is rounded down to the whole number. 3. At the expense of the established quota, employers can employ other categories of citizens specified in Part 1 of Article 2, but at the same time, the number of disabled people hired for 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 Part 1 of Article 2. Jobs are considered created (allocated) if citizens of the specified categories are employed in them. 3. Employment of citizens against the established quota is carried out by employers independently, taking into account proposals from 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 disabled people. 4. Employers who meet the requirements of Part 1 of Article 3 of this Law are required to submit quarterly information on the fulfillment of the quota to the executive authority of the city of Moscow coordinating the work on job quotas in the manner established by the Moscow Government. Article 5. Administrative liability for failure to comply 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; for 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 in Part 1 of this article are considered by the administrative commissions of prefectures of administrative districts of the city of Moscow on cases of administrative offenses. 4. The amount of administrative fines is subject to credit to the budget of the city of Moscow and may be a source of formation of a target budget fund for quotas of 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. Activities financed from the funds of the target budget fund for quotas of jobs in the city of Moscow The funds of the target budget fund for quotas of jobs in the city of Moscow are used for the creation and preservation (modernization) of special jobs, specialized areas, workshops and production facilities for people with disabilities, the creation jobs for minors aged 14 to 18 years, orphans and children left without parental care under the age of 23, 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, the creation of educational places for children with disabilities studying at home, as well as ensuring unhindered access for people with disabilities to workplaces and the infrastructure of enterprises. Article 7. Final provisions 1. This Law comes into force 10 days after its official publication. 2. This Law applies to legal relations that arose from January 1, 2005. 3. The Mayor of Moscow and the Moscow Government shall bring their regulatory legal acts into compliance with this Law within two months from the date of its entry into force. 4.

Job quotas for disabled people

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

Related documents (1)

See alsoAdvanced document searchLegal acts (Regulatory framework) of Moscow

Attention

Thus, a quota for disabled people at an enterprise is provided if there are more than one hundred employees on staff.

They adopt their own regulations.

Quota-based workplace - what is it?

Thus, the first part of Article 21 states: “For employers whose number of employees exceeds 100 people, the legislation of the constituent entity 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 no less than 35 people and no more than 100 people, the legislation of a constituent entity of the Russian Federation may establish a quota for hiring disabled people in the amount of no more than 3 percent of the average number of employees.”

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

Jobs for disabled people: quotas

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

The quota size for the Moscow region is set at the same percentage of the average number of employees.

The quota size in the Voronezh region is slightly higher - 3%. And, for example, in the Rostov region it reaches the maximum permissible value of 4% of the average number of employees.

What is a quota-based workplace?

Thus, in some regions there may be quotas for jobs for minors, but in others there may be no quotas.

• The employer checks 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 applied, you should take care of creating a special workplace to fulfill 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 of registration with employment authorities.
• Assigning responsibilities 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 people with disabilities

  Study of legislative norms Each enterprise creates 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 necessary to display the final indicators. They make up the staffing level that the legislation is aimed at.

Moscow on job quotas, information on the fulfillment of the established quota is sent by the employer not monthly, but quarterly in the established 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 by month, the number of employees in quota places, including those not employed under the established quota.

Job quotas for people with disabilities in 2018

According to Decree of the President of the Russian Federation dated May 7, 2012 No. 597 “On measures for the implementation of state social policy,” the Government of the Russian Federation must ensure the creation annually from 2013 to 2015.

up to 14,200 special jobs for people with disabilities. INTERACTION WITH EMPLOYMENT SERVICE BODIES Please note! The size of the established quota for hiring disabled people includes the number of jobs in which previously hired disabled people work. As stated in Art.

25 of the Employment Law, employers contribute to the implementation of the state employment policy based on compliance with the quota established for disabled people, 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.

Quota jobs. law on providing jobs to people with disabilities

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

However, it must be taken into account 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 regarding the hiring of disabled people within the established quota.

What will be checked first? What information should I request? Such checks are carried out in accordance with the Administrative Regulations for the execution of the state function of monitoring the hiring of disabled people 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 job quotas for people with disabilities (quotas) in 2018

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

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

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