Professional retraining of disabled people and employment problems. Providing employment for people with disabilities. Vocational training and employment of people with disabilities Ensuring employment of people with disabilities - quotas

Vocational rehabilitation of disabled people as an independent type of social security in accordance with the Federal Law of November 24, 1995 “On social protection of disabled people in the Russian Federation” consists of vocational guidance, vocational education, vocational adaptation and employment. In accordance with this law, the state guarantees free vocational training or retraining of disabled people in educational institutions, both general and special educational institutions, and their subsequent employment.

Article 19. Education of disabled people

The state guarantees the necessary conditions for people with disabilities to receive education and professional training.

General education of disabled people is carried out with exemption from fees both in general educational institutions, equipped, if necessary, with special technical means, and in special educational institutions and is regulated by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

The state ensures that disabled people receive basic general, secondary (complete) general education, primary vocational, secondary vocational and higher vocational education in accordance with the individual rehabilitation program for the disabled person.

Vocational education of disabled people in educational institutions of various types and levels is carried out in accordance with the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

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

Vocational training and vocational education of people with disabilities in special vocational educational institutions for people with disabilities are carried out in accordance with federal state educational standards on the basis of educational programs adapted for training people with disabilities.

The organization of the educational process in special professional educational institutions for people with disabilities is regulated by regulatory legal acts, organizational and methodological materials of the relevant federal executive authorities.

Providing disabled people with exemption from payment or on preferential terms with special teaching aids and literature, as well as the opportunity to use the services of sign language interpreters, is an expenditure obligation of the constituent entity of the Russian Federation (with the exception of disabled people studying at the expense of the federal budget in educational institutions with state accreditation). For disabled people studying at the expense of the federal budget in educational institutions with state accreditation, the provision of these activities is an expenditure obligation of the Russian Federation.

Article 23. Working conditions for disabled people.

Disabled people employed in organizations, regardless of organizational and legal forms and forms of ownership, are provided with the necessary working conditions in accordance with the individual rehabilitation program for the disabled person.

It is not allowed to establish in collective or individual labor contracts working conditions for disabled people (wages, working hours and rest periods, duration of annual and additional paid leave, etc.) that worsen the situation of disabled people in comparison with other employees.

For disabled people of groups I and II, a reduced working time of no more than 35 hours per week is established while maintaining full pay.

Involvement of disabled people in overtime work, work on weekends and at night is permitted only with their consent and provided that such work is not prohibited for them due to health reasons.

Disabled persons are granted annual leave of at least 30 calendar days.

Such an obligation arises for every state that has ratified ILO Convention No. 159 “On Vocational Rehabilitation and Employment of Persons with Disabilities” (Russia ratified this Convention on July 3, 1988). Article 7 of Convention No. 159 The competent authorities shall take measures to organize and evaluate vocational guidance, vocational training, placement, employment and other related services to enable persons with disabilities to obtain, retain and advance in employment; existing services for workers are generally used where possible and appropriate, with necessary adaptations.

When receiving vocational education (secondary specialized or higher education) in general educational institutions, certain advantages are provided for disabled people: they are enrolled in these institutions based on the results of the interview, regardless of the admission plan; they can study according to an individual schedule. During the period of receiving vocational education in special educational institutions of the social protection system, disabled people, as a rule, are fully supported by the state.

The Federal Law of November 24, 1995 provides that vocational training of disabled people is carried out in those professions and specialties, the mastery of which gives disabled people the greatest opportunity to be competitive in regional labor markets. The list of such priority professions was approved by a resolution of the Ministry of Labor of the Russian Federation dated September 8, 1993. Vocational training of disabled people can be carried out directly at work. It has a number of advantages due to the presence at enterprises of a wide production base and opportunities in choosing professions, a reduction in training time, and a higher level of material support during training.

The right of persons with disabilities to employment is ensured by the introduction of additional guarantees. They are enshrined in the Law of November 24, 1995 and the Law of the Russian Federation “On Employment in the Russian Federation”. Article 13. Additional employment guarantees for certain categories of the population

1. The state provides additional guarantees to citizens who have difficulty finding work by developing and implementing programs to promote employment, creating additional jobs and specialized organizations (including jobs and organizations for the work of people with disabilities), establishing a quota for hiring people with disabilities, as well as by organizing training under special programs and other measures.

2. The quota for hiring disabled people is established in accordance with the Federal Law “On Social Protection of Disabled People in the Russian Federation”.

3. Citizens dismissed from organizations, from individual entrepreneurs in connection with a reduction in the number or staff of employees of the organization, individual entrepreneur, in accordance with concluded collective bargaining agreements (agreements), are guaranteed, after dismissal, to maintain a queue for housing (improvement of housing conditions) at their previous place of work , as well as the opportunity to use medical institutions, and their children - preschool institutions on equal terms with citizens working in this organization.

4. Wives (husbands) of military personnel and citizens discharged from military service, other things being equal, have a preferential right to work at state and municipal unitary enterprises.

Employers contribute to the implementation of state employment policy based on:

compliance with the terms of contracts governing labor relations in accordance with the legislation of the Russian Federation;

implementation of measures provided for by labor legislation, collective agreements and agreements to protect workers in the event of suspension of production or dismissal of workers;

providing assistance in employment, professional training and providing additional financial assistance to dismissed employees in excess of that established by law at the expense of employers;

creating conditions for professional training, retraining and advanced training of workers, including women during the period of parental leave until the child reaches the age of three years. Amounts of funds spent by employers for these purposes are taken into account as expenses in the manner and under the conditions established by the legislation on taxes and fees;

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

Training can be organized full-time, part-time, evening and distance learning. For people with disabilities, educational institutions practice various forms of organizing the learning process: individual forms, home study, individual exam schedules, increasing the duration of training, etc.

According to Art. 71, part 5 of December 29, 2012 Federal Law No. 273-FZ “On Education in the Russian Federation” (as amended and supplemented), from September 1, 2013, children with disabilities, disabled people of groups I and II, are enrolled in a university without competition within quotas (at least 10% of budget places ), and all other categories of beneficiaries are enrolled in preparatory departments of universities. Free training at the preparatory department of a university is allowed only once.

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

• - the citizen does not have a profession (specialty);
• - it is impossible to find a suitable job due to the citizen’s lack of the necessary professional qualifications;
• - it is necessary to change the profession (specialty, occupation) due to the lack of work that meets the professional skills of the citizen;
• - the citizen has lost the ability to perform work in his previous profession (specialty).
• - Unemployed disabled people have the right to undergo vocational training, retraining and advanced training as a priority.
• - When the employment service sends unemployed disabled people to vocational training, retraining and advanced training in another area, they are provided with financial support, including:
• - payment of travel costs to the place of study and back;
• - daily expenses for the journey to the place of study and back;
• - payment for rent of living quarters during training.

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

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

Most specialized educational institutions can enroll not only disabled children, but also disabled adults. Incoming students with disabilities are provided with state support - free education, meals, dormitory accommodation, and medical care. Upon completion of training, a state diploma is issued.

Admission to educational institutions of any level, regardless of their territorial affiliation, is carried out in accordance with the recommendations for vocational training formed in the individual rehabilitation program. Anyone wishing to enroll in educational institutions in advance of submitting documents to the admissions committees should contact the Bureau of Medical and Social Expertise to develop measures for professional rehabilitation.

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

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

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

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

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

Introduction.

1. Employment of disabled people.

• 1.1. Peculiarities of employment of disabled people.
• 1.2. Quotas of jobs for people with disabilities.

2. Training for people with disabilities.

• 2.1. Vocational training for people with disabilities.
• 2.2. Problems with employment and vocational training for people with disabilities.

Conclusion.

List of used sources and literature.

Introduction

Currently, it is no secret to anyone that the number of disabled people is extremely high not only in our country, but throughout the world. According to the UN, in the early 1990s there were approximately 0.5 billion people with disabilities in the world, that is, approximately 10% of the world's population.

The number of disabled people in the Russian Federation has been constantly increasing in recent years and amounted to 13.2 million people in 2015.

Of the 3.96 million disabled people who are of working age, only 816.2 thousand people are engaged in labor or other activities. The number of non-working disabled people is 3.14 million people or 79.3% of the number of disabled people of working age.

The number of disabled people registered with social protection authorities has increased almost fivefold over the past forty years, while the number of disabled people receiving a disability pension has decreased by 1.2 million people. (31%), of which 0.5 million are disabled children. Particularly alarming is the increase in the proportion of disabled people among the population: if in the 1970s–80s. There was a decrease in the disability of the population, then in the 1990s. and at the beginning of the new century there has been significant growth. Recently, there has been some stabilization of this process, but in general the number of disabled people in the country has increased 10 times, while the number of disabled children has increased five times.

This analysis shows that an increase in primary disability was observed in the early 1990s: in 1990 - less than 0.8 million people, and since 1992 - more than one million people per year. In recent years, starting from 2008, the level of primary disability has decreased slightly and amounts to 0.9 million people. in year. A record increase in the number of persons recognized as disabled for the first time was recorded in 2006 - 1.5 million people.

According to Article 20 of the Federal Law of November 24, 1995 No. 181-FZ “On the social protection of disabled people in the Russian Federation,” disabled people are provided with guarantees of employment by federal and subjective state authorities [2.FZ of November 24, 1995 No. 181-FZ ].

Also, the Federal Law of November 24, 1995 No. 181-FZ “On the social protection of disabled people in the Russian Federation” and Articles 92, 94,96, 99, 113 of the Labor Code of the Russian Federation provide the following benefits to a disabled person:

Object of work are the problems of employment and employment of the population.

Subject– problems of training, employment and employment of people with disabilities in modern society.

The purpose of this work will identify the problems of training, employment and employment of people with disabilities in modern society and ways to solve them.

To achieve it we will have to solve the following tasks:

• 1. Consider the legislation of the Russian Federation and foreign countries regulating the sphere of employment and employment of people with disabilities.
• 2. Study the specifics of the problems of people with disabilities in the field of employment and employment and ways to solve them.
• 3. Research technologies of social work with people with disabilities in the field of employment and employment.

When writing the work, methods of theoretical analysis of primary sources, systematization, analysis of regulations, survey method, statistical processing method, and observation method will be used.

Educational institutions, together with social protection authorities and health authorities, provide secondary vocational and higher vocational education in accordance with the individual rehabilitation program for a disabled person. The state guarantees the necessary conditions for people with disabilities to receive education and professional training. The state ensures that disabled people receive basic general, secondary (complete) general education, primary vocational, secondary vocational and higher vocational education in accordance with the individual rehabilitation program for the disabled person. Vocational education of disabled people is carried out in educational institutions of various types and levels.

Topic 4.1 employment and vocational training of people with disabilities

Mode of activity and rest The legislation establishes a number of requirements for managers of enterprises hiring people with disabilities:

1. The duration of the shift for citizens of groups 1 and 2 should not be more than 35 hours per week.
2. The duration of daily activities is determined in accordance with the medical report of the competent medical institution.
3. Disabled people may be involved in work on weekends, overtime or at night only with their written consent and provided that it is permitted due to their health status.
4. Citizens with disabilities working at enterprises are entitled to leave without pay. Its duration is up to 60 calendar days per year.

Course work

This Procedure establishes the rules and conditions for the organization by state government institutions of the Amur Region - employment centers (hereinafter - employment centers) of training unemployed disabled people recognized as unemployed in the prescribed manner (hereinafter - citizens) in new professions. 1.2. Training of citizens in new professions is provided by sending them to employment centers to undergo vocational training or receive additional vocational education (hereinafter referred to as training) in new professions (specialties) that are in demand in the labor market.

Vocational training can also be carried out for jobs provided by employers. 1.3.

Order of the Ministry of Labor of Russia dated November 2, 2015 N 831 approved a list of the 50 most in demand in the labor market, new and promising professions that require secondary vocational education. Vocational training and additional vocational education of unemployed citizens who, in accordance with the legislation of the Russian Federation, have been assigned an old-age insurance pension and who seek to resume working activities, are carried out in the direction of the employment service authorities for professions (specialties) in demand on the labor market, subject to the application of citizens of this category to employment service authorities at the place of residence and their presentation of a passport, work book or documents replacing them, and a document confirming the appointment of an old-age insurance pension.

Employment of disabled people and their vocational training

Education of citizens can be group or individual, according to the form of organization - integrated, distance, in the form of specialized groups. 1.8. Education of citizens is provided free of charge. 1.9. Training of citizens in cases where it is impossible to organize training at their place of residence is organized in another area, including outside the Amur region.
Sending citizens to undergo training in another area is carried out only with their consent. 1.10. When citizens are sent to study in another area, they are provided with financial support, including: 1) payment of the cost of travel to the place of study and back; 2) daily expenses for the journey to the place of study and back; 3) payment for rent of living quarters during training.

Employment of people with disabilities - general provisions Meanwhile, the employment of people with disabilities according to the legislation of the Russian Federation in 2018 is not a right, but an obligation of employers. According to labor legislation, it is impossible to refuse an employee this due to his disability.

Attention

The only possible reason for refusal may be an insufficient level of professional knowledge or lack thereof. Thus, if a disabled applicant has the necessary education and professional competencies that meet the requirements of a manager for a vacant position, then the enterprise is obliged to hire a disabled citizen.

The procedure for employing or undergoing vocational training for disabled people

To implement this, the production manager needs to create and equip appropriate locations. Peculiarities of the process Employment of a disabled person is carried out after he submits an appropriate application to the employment center at his place of residence.
For each region or district, regulations are adopted that set target figures. Employment of a disabled person is carried out with the direct participation of a representative of the company’s personnel department. He and the applicant himself are invited to the Central Hall. A conversation is held in the presence of a service employee. During this process, a representative of the employer presents a contract to the candidate for the position.

It specifies the conditions under which the employment of a disabled person will be carried out. The provisions of the contract determine the schedule, salary, and the period for which the citizen is enrolled in the staff.

The document is signed in the presence of a representative of the Central Bank.
A citizen is sent to learn a new profession if: 1) he does not have qualifications; 2) it is impossible to find a suitable job due to the lack of necessary qualifications; 3) the ability to perform work according to existing qualifications has been lost. 2.2. To be referred for training, a citizen submits to the employment center: 1) an application for referral to training in the form in accordance with Appendix No. 1 to this Procedure; 2) identity document; 3) an individual program for rehabilitation and habilitation of a disabled person. A specialist from the employment center, whose job responsibilities include receiving applications, takes copies of the documents submitted by the citizen, certifies the authenticity of these copies, attaches them to the application and returns the originals of these documents to the applicant.

Info

24-hour legal advice by phone GET FREE LEGAL CONSULTATION BY PHONE: MOSCOW AND MOSCOW REGION: ST. PETERSBURG AND LENIGRAD REGION: REGIONS, FEDERAL NUMBER: Employment of disabled people in the Russian Federation in 2018 - benefits when hiring a disabled person Issues of providing work for people with disabilities remain relevant today. Despite the automation of labor and the existence of numerous professions and jobs in which people with disabilities could work, enterprises and companies are reluctant to accept people with disabilities.

In the case of a referral to training for a workplace provided by an employer, a tripartite agreement is concluded between the employment center, the citizen and the employer providing the workplace, the form of which is approved by order of the regional employment department. 2.7. Based on the concluded agreement, the citizen is issued a referral for training in the form in accordance with Appendix No. 5 to this Procedure.

2.8. If a citizen does not conclude a training agreement before the start of training, he has the right to re-apply to the employment center with the application and documents specified in paragraph 2.2 of this Procedure. Appendix No. 1.

Current legislation ensures that disabled people receive basic general (9 classes), secondary (complete) general (11 classes) education, primary vocational, secondary vocational and higher vocational education in accordance with the individual rehabilitation program for a disabled person.

General education of disabled people is provided free of charge both in general educational institutions, equipped, if necessary, with special technical means, and in special educational institutions and is regulated by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation;

vocational education of disabled people in educational institutions of various types and levels is carried out in accordance with the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation;

for disabled people who need special conditions for receiving vocational education, special vocational educational institutions of various types and types or corresponding conditions in general vocational educational institutions are created;

vocational training and vocational education of people with disabilities in special vocational educational institutions for people with disabilities is carried out in accordance with state educational standards on the basis of educational programs adapted for training people with disabilities;

when submitting an application for admission to a university, the applicant submits documents proving his identity, citizenship and, at his discretion, submits the original state document on education or its certified photocopy and the required number of photographs;

other documents may be submitted by the applicant if he is applying for benefits established by the legislation of the Russian Federation, or requested from the applicant if there are restrictions on training in the relevant areas of training or specialties of higher professional education established by the legislation of the Russian Federation;

at entrance exams for people with disabilities, additional time should be provided for preparing an oral answer and completing written work, but not more than one and a half hours;

Education of disabled people is carried out in the forms provided for by the Charter of the educational institution. At the same time, the most optimal form for disabled people is part-time. It is also important to take into account that in accordance with the Law of the Russian Federation “On Education”, the terms of education for people with disabilities can be increased taking into account their individual characteristics;

vocational education of people with disabilities should be carried out in accordance with state educational standards on the basis of educational programs adapted for training people with disabilities. Unacceptable for disabled people of special standards. Only with this approach to training people with disabilities will they be competitive in the labor market as professionals;

out of competition, subject to successful passing of entrance exams to state and municipal educational institutions of secondary vocational and higher vocational education, the following are accepted:

disabled children, disabled people of groups 1 and 2, who, according to the conclusion of the State Service for Medical and Social Expertise, are not contraindicated for studying in relevant educational institutions;

citizens under the age of 20 who have only one parent - a disabled person of group 1, if the average per capita family income is below the subsistence level established in the relevant constituent entity of the Russian Federation.

Rights, guarantees, benefits in the field of employment of disabled people

The current economic situation in the labor market has made it even more difficult for people with disabilities to find work. For people with disabilities, the opportunity to find a job serves not only as a means of self-sufficiency, but as a means of personal affirmation, social adaptation and integration into society. This cannot be achieved through social payments alone.

Disabled people dismissed from organizations for any reason, who have a work recommendation, a conclusion on the recommended nature and conditions of work, can register as unemployed with the employment service, for which they are required to submit documents: passport, work book, education document, certificate of secondary education earnings, individual rehabilitation program. If it is impossible to find a suitable job, unemployed disabled people are given the right, as a matter of priority, to undergo vocational training, advanced training, and retraining at the direction of the employment service with the payment of a stipend during the training period.

Career counseling and career guidance taking into account the business qualities of the unemployed.

The most important thing is to choose “your” profession in your youth, by identifying whether a young person has developed knowledge, skills, and psychological readiness for a particular activity. Because this will help him find his path in life, achieve high results in his work life and the possibility of promotion up the professional ladder in the future. If a disabled person agrees with this, but has difficulty choosing a profession, then professional consultations are carried out. Vocational guidance is one of the means of increasing the adaptation and competitiveness of the unemployed.

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Vocational training and retraining of unemployed citizens.

When organizing vocational training by the employment service, disabled people can be offered, taking into account the education, professional experience and health status of the disabled person, options for choosing a profession, specialties that are in demand in the labor market. When sent to vocational training, the cost of study will be paid. A stipend is paid throughout the entire period of study.

New social and economic conditions, a revision of the rehabilitation model, which provides for the importance of the activity of the disabled person himself, should change the position of a person with disabilities in the labor market. A disabled person must cease to be a passive object, and become an independent, socially competent person. This task is the main goal of the entire process of comprehensive rehabilitation in general, and professional rehabilitation as its final stage, in particular.