Disabled worker. Features of labor relations. Actual principles and forms of employment of persons with disabilities What problems may arise

27.08.2020 Diet

Despite the disability, every citizen has the right to carry out work.

Labor activity of persons with disabilities is provided by the state represented by authorized officers who contribute to employment.

State guarantees provide for the possibility of an opportunity in any organization or in an enterprise, regardless of the form of ownership, it is employed by disabled for earnings. This feature is manifested in establishing quotas for disabled people in any organization. At the same time, this organization should have the security of special jobs for the disabled. To be able to realize labor abilities with disabilities, special programs are being developed for obtaining new professions. In employment centers, reserve places for people with disabilities are established, allowing them to be freely employed according to the appropriate profession or specialty. The state also guarantees the employment of persons with disabilities in business.

At employers assigned to have the presence of quotas for disabled. This quota is calculated in the amount of 24 percent on the average number of people working under the employment contract. At the same time, the quota is subject to establishment if at least 100 people work in the organization. With the number of employees from 35 to 100 people, the employer is responsible for providing jobs at no more than 3 percent of people with disabilities from the number of employees in this organization. No quota accounting in organizations that are associated with dangerous or harmful working conditions are not subject to accounting.

The quotas of jobs in public organizations are not subject to the establishment of disabilities, as well as organizations that have authorized capital, consisting of the contributions of the disabled society. The remaining employers are obliged to implement the right to work with disabilities, to provide for the organization of workplaces in such a way that people with deviations can work freely.

At employers, the obligation to submit information about the availability of jobs for people with disabilities is responsible for employment centers. Equipment with special jobs Special workplace is such conditions for people with disabilities that require additional efforts to employment, adapt and rehabilitation of persons with disabilities. As a rule, the workplace should be equipped with means for the movement of persons with disabilities, additional workplace safety measures, as well as special equipment that allows people with disabilities to freely carry out the volume of work on an employment contract.

Equipment of jobs is made at the expense of employers. Control over the provision of workspaces of persons with disabilities is carried out by the executive authorities. Officials are inspected for the presence of minimum seats for disabled. In case of detection of violations, employers are attracted to the responsibility that have not provided the conditions for the work of persons with disabilities.

The work of labor activities with disabilities in organizations regardless of the forms of ownership must be accompanied by the development of individual programs for the rehabilitation of persons with disabilities. This is expressed in the fact that in the process of its work activity, persons with disabilities could carry out the necessary amount of work. Working hours should be accompanied by the establishment of a special recreation time, allowing people with disabilities to restore forces for labor activity as during the day, so during the vacation period. Thus, for example, labor legislation is installed a milder time of working time, namely no more than 35 hours a week. Staying in annual leaves provide for the duration of the main vacation in the amount of 30 days. Disabled people cannot perform overtime and attract to work at night.

Ministry of Economic Development and Trade Russian Federation (RF) Considered the State Program "Affordable Wednesday" for 2011-2015.

In accordance with the program, budget allocations were established in the amount of 46888.33 million rubles, including:

At the expense of funds federal budget - 26900 million rubles;

At the expense of the budgets of the subjects of the Russian Federation - 19718.99 million rubles;

Due to extrabudgetary sources - 269.34 million rubles.

As part of the program "Affordable Wednesday", the following activities are scheduled:

  • 1. Increase in the number of educational institutions of inclusive education.
  • 2. Increase the number of jobs for disabled people in the organization.
  • 3. An increase in the number of people with disabilities provided by the technical means of rehabilitation (services) that contribute to their economic activity.

As a result, the implementation of planned activities, the economic activity of persons with disabilities will allow you to replenish the number of labor resources, increase the employment of the population and meet the need for scarce specialists of enterprises.

Referring to the words of the director of the Department of Disabled Persons of the G. Zeys for people who have disability wishing to work, it is important to create conditions under which they can find a suitable workplace.

As part of the State Program "Available Wednesday" in 2015, the Department supports public organizations in disabled employment programs in the labor market.

As a result of competitive selection, six public organizations were chosen, programs of which include employment 559 people with disabilities, both specialized enterprises and the labor market.

Summing up the activities of public organizations, 523 people with disabilities were employed in 2014.

State financing is sent to the following public organizations of disabled:

  • 1. All-Russian public organization of persons with disabilities "All-Russian Order of the Labor Red Banner Society of Blind" (EB) - 78.2 million rubles;
  • 2. The Public Organization "Tatar Republican Organization of the All-Russian Society of Disabled" - "Society of Disabled Society of the Republic of Tatarstan" (TRU) - 46.7 million rubles;
  • 3. Public organization "Tyumen Regional Organization of the All-Russian Society of Disabled" - 2.5 million rubles;
  • 4. Belgorod Regional Organization of the All-Russian Public Organization "All-Russian Society of Disabled" - 10.4 million rubles;
  • 5. Regional public organization of persons with disabilities "Perspective" - \u200b\u200b8.6 million rubles;
  • 6. Regional public organization of persons with disabilities "stimulus" of the Moscow region - 13.1 million rubles.

It should be noted that the fact, employment of 559 people with disabilities across the country is a low indicator, and the financing of six organizations is talking about the support of not all organizations working with disabled. Another program of promoting the employment of disabled people, aimed at disclosing their employment, approved by the Order of the Ministry of Labor and Social Protection of the Russian Federation (Ministry of Labor of Russia) "On the monitoring of the need for unoccupied disabled people in employment, opening its own business."

According to the Ministry of Internal Affairs of Russia from the report on the progress of the State Program of the Russian Federation "Promoting the employment of the population" in 2014. »Number of adapted jobs for the employment of citizens with limited features Health increased in 2014 only 200 jobs.

Of course, the organization of the workplace for the disabled person is expensive for the owner of the business, and without subsidies from the state can not do. In addition to financial support, the fiscal policy of the state can create tax breaks for organizations hosting citizens with disabilities. But it is advisable to consider those types of economic activities that require a stationary workplace and can be available without employment barriers to disabled. According to Order No. 515 of the Ministry of Labor of Russia dated 04.08.2014 "On approval of methodological recommendations on the list of recommended types of labor and professional activities of persons with disabilities, taking into account violations of functions and restrictions of their livelihoods" ,.

The directions of employment of students with impaired musculoskeletal system can be the following types of economic activity:

  • - service sector (information consulting);
  • - Trade;
  • - financial activities;
  • - Education and science.

In modern conditions, graduates of higher educational institutions need to support their level of qualifications through continuing learning, which is possible not only due to special training in the enterprise, but also additional professional education. For people with disabilities wishing to exercise professional activities The following areas of vocational training are possible in the field of personnel management:

  • 1. Basic education in higher education institution (undergraduate).
  • 2. Master, graduate school in the framework of additional professional education programs).
  • 3. Advanced training courses in educational institutions or educational centers, business schools.
  • 4. Internships abroad.
  • 5. Programs in the "Business Administration Wizard". Summarizing the foregoing, we propose to create conditions for the disclosure of the employment potential of people with disabilities with a violation of the musculoskeletal system in the direction of intellectual work and the creative organization of the employment process, which will reduce the costs of organizing jobs for disabled wheelchairs. The question of opening its own business by citizens who have limited health opportunities remains relevant. Ministry of Foreign Affairs of Russia are designed guidelines monitoring employment services to identify the needs of persons with disabilities in the organization of entrepreneurship.

Thus, government employment facilities for disabled people will increase their employment.

Many people with disabilities wish and can work. The development of information technologies, the automation of the production process and the remaining achievements of technological progress influenced the nature of human labor, there were various professions and work, where minor physical restrictions do not interfere with labor.

This allows people with disabilities to adapt in society, feeling full-fledged personalities. At the same time, the state plays an important role in providing such employment faces.

What is stated in the legislation of the Russian Federation?

According to Art. 64 of the Labor Code of the Russian Federation, organizations cannot limit the rights, identify indirect or direct advantages when signing the employment contract based on nationality, race, shade, status, age, gender, place of residence, and other circumstances that are not related to the business characteristics of the disabled.

For employers to implement the legislative requirements regarding the ban on restricting citizens' rights, additional requirements are established. Law of the Federal Law No. 181 of 24.11.1995 "On Sociable Disabilities in the Russian Federation" is prescribed:

  • for the executive authorities of the constituent entities of the Russian Federation - to determine the smallest number of specialized places of work for the disabled device in each company within the quota;
  • for the state institutions of the Russian Federation - in legislative acts to identify organizations where the number of specialists exceeds 100 people, the quota for the adoption of persons with disabilities in% on the average number of specialists (at least 2-4%). The quota is exempt from public disabled associations and the firms formed by them, whose share capital includes the share of public association of persons with disabilities.

Quotation of jobs does not apply to the company with the number of employees up to 35 people and firms that are associated with the public association of persons with disabilities.

That is, territorial employment centers create an information base for quoted vacancies, provide to those in need of directions to work for a job, check the implementation of quotas and payment of payments. Assistance in retraining or professional training of workers, subsidizing for standard bases is also provided.

At the state level, the following employment activities are fulfilled:

  • preferential credit and financial policy for organizations employing disabled people;
  • stimulation of the organization of special places;
  • creation for employees of optimal working conditions for IPRs;
  • organization of place of work with special equipment and fixtures.

For details on acceptance of such citizens, you can learn from the following video:

Are employers obliged them to work?

According to the prescribed quota, the employer must create and allocate places for the work of persons with disabilities, to provide employment in accordance with the rehabilitation program, provide information for employment firms with disabilities.

According to the Labor Code (Article 64), the law on socializing and other regulatory acts, even in the absence of special places the employer has no right to refuse to do (If the employment conditions, which disabled, meets the conditions for the rehabilitation program).

If the employer fails, an administrative penalty of 2-3 thousand rubles is superimposed in the adoption of a citizen in the prescribed quota.

An exception may be a certificate of ITU, where the disability of a person or contraindication on this type of activity is indicated.

Work acceptance procedure

The main documents confirming the state of the disabled person belongs help of Medical Social Examination (ITU) and Individual Rehabilitation Program. The certificate should have information about the level of disability restriction and a disability group. The rehabilitation mechanism is prescribed in the rehabilitation program.

In case of employment, the applicant may not provide this documentation, as it is not specified in the list (Art. 65 of the TC). But if the future work is provided for health requirements, then it must provide ITU and IPR certificates.

The main manager provided to the employer are:

  • passport or other identification certificate document;
  • labor book (except for the primary conclusion of an employment contract or take part-time employee);
  • military accounting documentation (for persons called for military service or military-ridden);
  • Reduss;
  • diploma on education, document on advanced training or special skills;
  • certificate about the absence or present of criminal record, criminal prosecution.

A disabled person can affect the employer or direct the employment center for the established quota. After granting the potential employee of all documents, it constitutes a statement, is issued, the employer issues an order. A specialist is also familiar with the official instructions and other regulatory acts of the company, a personal matter is also drawn up, an entry is made to the employment record.

Regardless of the group of disability, the employer must provide a workplace. Attention is drawn to the degree of limited labor indicated in IPR.

When receiving disabled persons 1 and 2 groups, a working week is set to 35 hours, for 3 groups such restrictions in the TC RF are not provided.

Payment of work is performed in full salary regardless of the abbreviated time. Attracting persons with disabilities to work on holidays and weekends is permitted in the absence of a medical ban and consent of the employee in the IPR. The contract may indicate a section on the additional insurance of a specialist. Disabled people can be taken at your expense for 2 months, and the duration of the paid vacation is 30 days.

Specialists who have 1 and 2 group of disability, disabled since childhood can receive tax deductions on personal income tax in the amount of 500 rubles, which are provided regardless of the deductions for children. NDFL is not held with the amounts that the company pays for the means of rehabilitation and prevention of persons with disabilities, the purchase and content of dogs-conductors. NDFL is not subject to material assistance in the amount of 4000 rubles for the acquisition of medical drugs and the amount of 400 rubles, provided by former specialists who retired. To get rid of the tax, the employer must provide confirmation of actual expenses for these activities.

For such employees, a trial period is not provided, they can terminate with the deterioration of health and impossible to implement labor duties.

Nuances to ensure working conditions

Special places of work require additional measures to organize labor, including: adaptation of the auxiliary and main equipment, additional, organizational and technical equipment, the provision of technical devices in accordance with the individual possibilities of persons with disabilities.

The Ministry of Health has adopted a law on raising payments to the employer's organization for the equipped place of work for the disabled in the amount of 30-50 thousand rubles. Workplace Must meet the sanitary rules, it is not on the basement or basement floor, to be spacious and have ventilation.

Benefits for the employer

Due to low demand for workers with disabilities, the state provides institutions of benefits and payments (for taxes and insurance premiums).

Tax benefits apply only to payment and. But not all companies can claim their receipt, but only public organizations of persons with disabilities (the number of persons with disabilities should not be less than 50%, and the fot workers should be from 25% of the total wage fund) or firms that have in the share of such community organizations.

In fact, the state provides not so significant benefits for enterprises in order to actively stimulate to employ people with disabilities.

Disabled people have problems not only with household living conditions, but also with employment. Unfortunately, disabled people are sometimes very difficult to get a job.

Often employers do not welcome employees in their team with physical injuries due to their low ability to work. Therefore, the state is undertaking important steps related to these issues.

Laws of the Russian Federation in 2018

Disabled people relate to the most vulnerable segments of the population who need state support. If all the rules of law are complied with the country, then this category of people will have certain benefits, privileges and various consultations on many issues.

Since Russia is considered an advanced state, then all these problems are envisaged.

The Foundation for promoting the employment of persons with disabilities every year improves its work, so at present this category of people becomes much easier to acquire profession and find their work niche.

Federal Law No. 181 announces the following benefits in vocational training and employment of persons with disabilities:

  1. Cash payments - For people with physical disabilities, the tax plan has been reduced, or it may be generally absent. Disabled people in obligatory receive a special retirement.
  2. In moral plan - All sorts of support for disabled people, they have a vacation - without a queue.
  3. Natural - Disabled people have the right to receive a free set of products necessary for living.
  4. Medical benefits - Disabled people receive the necessary medicines to maintain their normal state.

Important! Disabled people who are not able to work, have support from the state in the form of a pension. Its payout depends on the group of disability.

The Employment Act of the Russian Federation was released back in 1991 and there are sections regarding employment of persons with disabilities. Employers on it annually provide a report on the available posts on employment for people with disabilities.

This is done according to the prescribed quota. The size of the quota is installed on the basis of Art. 21. Federal Law from 11/24/1995 No. 181-FZ.

reference! According to the Law of the Russian Federation, persons with disabilities 1, 2 and 3 are arranged to work on the general basis, they do not have any restrictions on their position. This law is valid in 2019.

The peculiarities of the employment of persons with disabilities are told on the video:

What problems may arise?

In the present period, despite all efforts by the state, problems with employment of disabled people are also relevant:

  1. Many employment centers, responding to this question, are not the physical injury to the people of this category, but the lack of education. As statistics shows, in Russia only 15% of persons with disabilities have a higher education, 35% - with professional educationMost people with disabilities have only school certificates.
  2. Also among explicit problems are stereotypes. Many businesses do not seek to obtain workers with disabilities, believing that they are not adapted to full-fledged work. A huge role in this issue is given to the state and its educational work, but so far everything that the government does for people with disabilities is enforcing them the quotas, obliging employers to provide jobs in such people.

Important! The size of fines for the fact that the employer refused to host a person with physical disabilities, extremely low. The owner of the enterprise is often easier to pay off from the state, paying a certain amount (quite small), and hire, as he thinks, "worker with prospects."

It is not always the reason lies in the discrimination of this category of citizens, there are simply no relevant working conditions that the state itself should provide.

Since 2001, the law on the protection of the rights of persons with disabilities has been amended (FZ 181), where guarantees were established regarding the employment of these people. In recent years, the employment of persons with disabilities is real and, in general, not so difficult.

The steps taken by the state were directed relative to:

  1. Providing quotas for workplaces for disabled.
  2. Tax advantages.

Which in Russia there are problems related to the employment of disabled, tells on the video:

Features of the device for work

The state believes that it is necessary to provide professional rehabilitation to persons with disabilities, thereby supporting them and without that difficult life.

The rehabilitation of persons with disabilities in a professional plan is carried out in the following directions:

  1. Professional orientation.
  2. Psychological support when choosing a profession.
  3. Providing the opportunity to learn or disagree.
  4. Passage of advanced training courses.
  5. Assistance from regional bodies in employment.
  6. Organizations should create quota places for workers with limited physical abilities (quotation).
  7. Adaptation in a professional production plan.

Special jobs

For Russian legislation, people with disabilities are arranged along with the rest of the citizens, there are no certain preferences and special conditions for them.

If for a sick person the main employment process is difficult, for such a category of citizens are created special enterprises:

  • At the moment, there are approximately 1600 such organizations in Russia.
  • Such specialized institutions are focused on certain categories of citizens with physical disabilities. For example, these are disabled persons with vision, with obvious mental disabilities, with human problems with a motor apparatus, etc.

But going to work in specialized enterprises is not an exceptional opportunity to work and receive benefits from it. With other disability forms, a person can fully work on a par with other employees in any organization.

But at the same time, the employer itself is also not entitled to limit the rights of such people and put on the first place of workers without physical problems.

In addition, there is legislation on special quotas allocated for the disabled device to work, these include:

  1. Installation of a certain number of labor places for disabled. For each region or company, they are determined by the local administration.
  2. The ratio of disabled personnel as a percentage regarding the list of the number of employees of the enterprise is established. According to the rules, this ratio should be 2-4%.

reference! In addition, the employer is obliged to employ disabled employees, it should also provide them with a convenient employment space and compliance with all working conditions. The number of such equipped places should coincide with the number of workers with disabilities.

Professional education

Professional training of citizens with disabilities acts in accordance with special programs at the state level.

If there is no overall and general secondary education, which refers to the category of persons with limited mental abilities, the state at the level of the regions makes it possible to receive vocational education them.

Important! Citizens with disabilities in the health plan living in our state have the right to receive education both in common plan and professional, in accordance with adapted education programs and individually developed programs for the rehabilitation of persons with disabilities.

At the same time, all necessary conditions are created for a comfortable preparation of education such a category of persons.

For applicants, special preferential places are created in the highest educational institutions.

They are free of charge receive training supplies, books, survival services, etc.

When you enter the work of a disabled person, if it is not familiar with the working conditions, the employer must provide him with a certain period and the opportunity to learn a new specialty.

Quotas

Quitting means that the company is obliged to employ a certain number of employees with physical restrictions on an ongoing basis and on general reasons.

The number of such places will depend on the magnitude of the company and from the staff of the staff:

  • The greater the organization, the greater the quotas.
  • For example, if it has about 100 employees in it, the corresponding percentage of disabled involved should be equal to 2-4%.
  • But the exact indicators will depend on the region in which the company is located.

reference! If the number of employees in the organization ranges from 35 to 100 employees, the average quota will be equal to 3%.

The video provides a legal justification for the quotation of disabled people:

How to find work through the employment center?

The disabled may apply for help in special employment centers, while pre- We need to prepare such documents:

  1. Passport.
  2. A document indicating a person's education is a certificate, a diploma of the end of the secondary special or higher establishment, certificates of courses passing, etc.
  3. Labor book or work on labor experience.
  4. Tax certificates and insurance.
  5. Certificate of confirmation of disability.

After submitting the documents, the employment center will consider the issue of a man's labor exchange with the second and third group of disabilities. At the same time, after the employment, the disabled with the third group will work on the general reasons.

Undoubtedly, human labor is considered the main in his life. Unlike healthy peopleDisabled people often need certain conditions for work activities.

The task of the state apparatus and society as a whole be interested in the adaptation of this category of people to the working conditions so that they can freely navigate in the profession chosen by them.

It is not necessary to turn away from the disabled, in organizations it is necessary to install equipment that is suitable for such employees so that they do not feel flawed and worked on a par with the rest of the staff.

Employment of disabled - A complex and multi-faceted process of their return or compliance with socially useful work in accordance with the state of health, complications and personal inconsistencies, which is carried out with the help of a system of state and public events held on a current organizational basis. The organizational basis of employment of persons with disabilities is its stratitude and complexity.

First stage In the process of employment, persons with disabilities is the examination of their working capacity and professional orientation when examined in medical social expert commission. At this stage there is a clinical and functional and professional diagnosis of patients of workers, the definition of clinical and labor forecast. Development of an individual disabled rehabilitation program. The next stage in the process of employment of persons with disabilities under certain conditions and availability are measures to prepare them to demonstrate labor. Vocational training is of particular importance for the further successful and stable labor device of the disabled since childhood.

Basic principles of disabled rehabilitation - early start of events and their

continuity, individual approach and implementation of rehabilitation measures in the team

Fully belong to the labor device.

Preparation of persons with disabilities to professional work is carried out in the form vocational training in educational institutions of different types, including specialized, or directly in production.

Fourth stage The labor device of persons with disabilities includes the corporate enterprise issues of promoting the employment of persons with disabilities, as well as the subsequent control of their rational employment.

The organization of labor of persons with disabilities in production largely depends on the nature of disability. Special measures are needed to adapt to the work of persons with disabilities due to mental diseases, diseases of the central and nervous peripheral system. The organization of labor of disabled depends not only on the nature of pathologies, but also from

the degree of violation of the functions of affected systems.

The organization of the labor of the disabled people living in the city and in the countryside, They also have their own specific features. Labor device citizens on industrial

enterprises different areas Provided special complex Organizational events. It includes the creation of large enterprises of the employment commissions of disabled in the trade union committees.

To ensure the relationship of enterprises and officials, various enterprise services related to the employment of the contingent of working disabled, is allocated a responsible official. At the enterprise with a small number of employees and, accordingly, persons with disabilities in their composition, all of these measures are carried out by an authorized representative of the administration



or directly by the owner of the enterprise.

The most important direction in the organization of the employment device of persons with disabilities in enterprises is adaptation of production to the labor opportunities of persons with disabilities With specific forms of pathology, the creation of special jobs for employment of persons with disabilities. This area of \u200b\u200bwork includes the adaptation of industrial equipment to a defect or disease available in a disabled person. A number of organizational and organizational and technical measures carried out at enterprises provide preparations for labor and the disabled themselves. These include, for example, the supply of disabilities with working adapts to working prosthesis and their training.

An important direction in the organization of production for the rational use of disabilities is the use of special labor modes, Including the provision of disabled opportunities to work a reduced working day, with additional breaks during the working day. In some cases, the improvement of the technology and modernization of production, excluding severe physical work, is expanding the possibilities of rational employment of persons with disabilities.

Organizational measures in the employment of some categories of persons with disabilities include the introduction to the staff of special personnel and management in the process of industrial activities.

Some categories of persons with disabilities, from among highly skilled workers, do not need to manage the personnel, and in the submissible unqualified workforce to perform more severe physical work, which has become inaccessible for them. They can work as instructors, brigadiers, test craftsmen.

All listed organizational events can provide rational employment of persons with disabilities, both in conventional and specially created conditions and are implemented as necessary at appropriate enterprises.

Organization of an employment device of persons with disabilities in special workshops Enterprises are governed by the relevant provisions, taking into account the characteristics of the working contingent of persons with disabilities. In a special workshop for disabled people with neuropsychiatric diseases, small plumbing, assembly works and so on are practiced. In special workshops for people with disabilities due to cardiovascular diseases, people with disabilities are sent 2 groups. Sanitary and hygienic conditions in such workshops should provide for the optimal temperature and humidity of the room, the absence of dusting, gas supply, noise and vibration.

Special workshops for patients with tuberculosis are designed for the employment of persons with disabilities 3 of the investigation of this disease. They cannot work with common forms of pulmonary tuberculosis in the decay phase and the seamation and with phenomena of significant disorders of blood circulation and respiration functions. Work in such special workshops should not be associated with significant physical and nervous stresses, unfavorable microclimate. Products must be subjected to appropriate disinfection. It is not allowed to issue children's products, for the food industry and catering.

The provisions on special workshops are drawn up on the basis of a typical project and are approved by the local administration, taking into account local conditions.

Along with special workshops, employment of persons with disabilities in specially created conditions is carried out on specialized enterprises, including training and industrial enterprises Of the All-Russian Society of the Blind, All-Russian Society of Deaf, Enterprises of the All-Russian Society of Disabled, as well as enterprises previously owned by the system of liquidated ministries of local, light industry and domestic services, and now representing various organizational and legal forms and forms of ownership, but providing specialized working conditions for disabilities .

Specialized enterprises in their composition of at least 30% of persons with disabilities are tax and other benefits.

All the above foundations of the organization of disabilities in specially created conditions can be implemented in modern production and in enterprises with various forms Property. The organization of labor at such enterprises, depending on the nature of pathology, working contingents is based on the same principles as in special workshops of ordinary enterprises.

Specific organizational events are held at enterprises providing work disabled under normal conditions. When organizing a hand-made production, the enterprise administration provides homomides with everything necessary for their work, including materials and semi-finished products, as well as equipment.

For those who have a serious disability form, individual labor activity at home or self-employment is organized. These are mainly handicrafts that do not require expensive equipment or raw materials: needlework, sewing, weaving from the vine, the manufacture of souvenirs and so on.

The level of labor organization of persons with disabilities in the industrial production of unequal production in enterprises total type, specialized enterprises and special workshops intended for employment of disabled people with severe pathology.

Labor disabled people living in rural areas So far, it is implemented mainly in collective farms and state farms, including those transformed into joint-stock companies and partnerships of different types. This uses a variety of forms of their labor organization. Restantly able-bodied disabled people are employed in various positions and workplaces in accordance with the Labor Recommendation of the Medical and Social Expert Commission. If there is a sufficient number of people with disabilities from them formed special brigades and links, often with the participation of pensioners by age and healthy persons. The disabilities for the production of industrial and agricultural products are widely practiced, as well as employment in utility workshops and farms.

Implementation of the right to work in the Russian Federation

Providing disabled opportunities to work and implement their professional interests enshrined a separate article in the Convention on the Rights of Persons with Disabilities.

Enchanted the right to work on a par with others and includes the following:

The right to get the opportunity to independently earn a living by difficulty.

The right to labor freedom (freedom of choice) in the availability of the labor market for disabled people.

The States Parties to the Convention on the Rights of Persons with Disabilities undertake obligations to implement guarantees of the right to disappear into labor, including the following:

The prohibition of discrimination on the basis of disability in all forms of employment (including the conditions of admission to work, hiring and employment, preservation of work, promotion, safe and healthy working conditions).

Protection of the rights of persons with disabilities is on par with others for fair and favorable working conditions, including equal opportunities and equal remuneration for the work of equal value, safe and healthy working conditions, including protection against harassment and complaints.

Providing opportunities for people with disabilities to exercise their labor and professional law on a par with others.

Providing disabilities to effective access to general technical and professional orientation programs, employment services for people with disabilities and professional continuing learning.

Expanding opportunities for employment of persons with disabilities in the labor market, their promotion, as well as the provision of assistance in finding, receiving, preserving and referenceing work.

Expanding the possibility for people with disabilities to engage in individual labor, entrepreneurship, develop cooperatives and organize their own business.

Ensuring hiring disabled in the public sector.

Stimulating the employment of persons with disabilities in the private sector through appropriate strategies and measures, including positive action programs, incentives and other measures.

Encourage the acquisition of disabled experience in the open-ended labor market.

Providing disabled of rational device tool.

Promotion of professional and qualifying rehabilitation programs, storing jobs and return to work with disabilities.

Prohibition of forced or mandatory labor of disabled.

The legislation of the Russian Federation recognizes the right of persons with disabilities to work, for the implementation of which a number of guarantees of ensuring their employment are on par with others with the following measures:

Installations in organizations Regardless of organizational and legal forms and forms of ownership of quotas for receiving disabled work and the minimum number of special jobs for disabled.

Reservation of jobs by professions most suitable for employment of disabled.

Stimulating the creation by enterprises, institutions, organizations of additional jobs (including special) for employment of persons with disabilities.

Creating disabled working conditions A compliance with individual programs Rehabilitation, happiness of persons with disabilities.

Creating conditions for the entrepreneurial activities of persons with disabilities.

Organization of training for disabled new professions.

Employment Assistance Employment Unoccupied Disabled

FZ of the Russian Federation "On the social protection of persons with disabilities in the Russian Federation" provides for the establishment of quotas for receiving work.

The law of the subject of the Russian Federation should introduce a quota for employers for receiving the work of persons with disabilities ranging from 2 to 4% of the average number of employees - if the total number is more than 100 people. At the discretion of the subject of the Russian Federation, a quota in the amount of up to 3% can be established - if the number of employees is more than 35 people and no more than 100 people.

They are exempt from the obligation to abide by the quotation of jobs for employment of persons with disabilities and the organization formed by them, including economic partnerships and society, whose share capital consists of the contribution of the public association of persons with disabilities.

Employers who do not comply with the requirements of the law on job quotation are subject to

administrative responsibility. According to Art. 5.42 Codex on administrative violations of the Russian Federation, non-fulfillment by the employer of the obligation to create or allocate jobs for the employment of persons with disabilities, as well as the employer's refusal to work for the work of a disabled within the established quota, the imposition of an administrative fine on officials in the amount provided for by law is involved.

Requirements for workplaces

For each enterprise, institutions and organizations within the regional quota for receiving disabled people should be set by the minimum number of special jobs. The allocation of a special workplace involves additional measures to organize labor, including the adaptation of the main and auxiliary equipment, technical and organizational equipment, additional equipment and providing technical devices, taking into account the individual opportunities of the disabled person.

By the decision of the Chief Sanitary Doctor of the Russian Federation of May 18, 2009 No. 30 approved the sanitary rules of the joint venture 2.2.9.2510-09 "Hygienic requirements for the working conditions of disabled". They include basic requirements for the working conditions of persons with disabilities, medical care, working disabled, which are obliged to comply with all enterprises using disabled labor.

Among these requirements, you can allocate the following:

Workplaces for disabled should be equipped with the profession, the nature of the work performed, the degree of disability, the level of specialization of the workplace, mechanization and automation of the production process.

It is necessary to minimize harmful production factors Labor conditions of disabled (noise, vibration, air temperature, humidity and air mobility, electromagnetic radiation, statistical electricity, illumination, dustiness, airborne airborne area; pathogenic microorganisms and products of their livelihoods; physical, dynamic and static loads during lifting and movement, deduction Weight, work in uncomfortable forced poses, long walking; sensory, emotional, intellectual loads, monotony, work in the night shift, with an elongated working day).

Working conditions in the workplace of persons with disabilities should correspond to the disabled YPR.

When organizing special jobs for disabled, the use of special devices compensating for disabled restrictions should be provided; Application of a specially designed manual tool; adjustment of the height of the working surface of the table and the chair, easily reach and controlled mechanisms that have reliable fixation; the allocation of additional areas, providing the possibility of an entrance, reversal in the workplace and performing work in a wheelchair; Equipment of the workplace indicators that take into account the features of individual groups of disabled (blind, visually impaired, deaf), etc.

It is not allowed to place permanent jobs for people with disabilities in the basements, basement floors, in buildings without natural lighting and air exchange.

The volume of industrial premises per working disabled person is accepted at least 15 cubic meters; Area - at least 4, 5 square meters. m; Height - at least 3, 2 m.

In enterprises intended for employment of persons with disabilities, facilities for recreation area at the rate of 0.3 kV. m. per employee, but not less than 12 square meters. m. The distance from the industrial premises to the rest of the rest is no more than 75 m. Healthy healthcare with a doctor's office, procedural office and a room where people with disabilities may be in case of deterioration.

To assist persons with disabilities in professional orientation, the Ministry of Labor of the Russian Federation developed and approved the list of priority professions of workers and employees, mastering which gives people with disabilities the greatest opportunity be competitive in regional labor markets.

Creating special working conditions for disabled

Organizations where people with disabilities work are obliged to create all the conditions for their work in accordance with IPR.

It is forbidden to include in employment contracts, both collective and individual, such working conditions of persons with disabilities, which worsen their position compared to other employees of the organization (labor payment, working time and rest time, the duration of vacations, etc.).

The terms of employment of disabled I and II groups provide for the abbreviated duration of working time (no more than 35 hours per week) with the preservation of full wage.

A set of measures aimed at facilitating and increasing employment of persons with disabilities

Order of the Ministry of Labor and Social Protection of the Russian Federation of March 11, 2013 No. 94 regions given methodical recommendations for the development of measures aimed at the employment of persons with disabilities and increase their employment. The executive authorities of the Russian Federation are obliged to develop regional programs to create conditions for increasing the level of employment of disabled.

Regional programs should include the following areas:

Quitting jobs for receiving disabled people.

Creating conditions on the inclusive labor market.

Development of centers for assistance and employment of students and graduates, including persons with disabilities, under state or municipal organizations of vocational education.

Interaction with socially oriented non-commercial organizations carrying out activities on the accompanies of persons with disabilities in employment, including, including graduates of educational institutions, for the purpose of employment, adaptation and consolidation at workplaces.

Events to ensure employment of persons with disabilities include the organization of interaction with private employment agencies on employment of disabled.

Development of private-public partnerships for employment of persons with disabilities.

Organization of interaction with the public chamber of the subject of the Russian Federation on the employment of persons with disabilities.

Promoting self-employment and entrepreneurship of persons with disabilities.

Providing disabled public services in the field of employment promotion.

Promoting the employment of unoccupied persons with disabilities to the workplaces equipped for them at the expense of subsidies from the federal budget budgets to the subjects of the Russian Federation.

Organization of the interaction of education bodies and employment bodies with social protection authorities in order to implement the IPR with disabilities in terms of professional rehabilitation.

Informing the public about implemented facilities to promote employment of persons with disabilities.