Employment of disabled people of group 2. Working in a supermarket

Contrary to the popular opinion of some citizens, establishing a disability group does not impose a ban on employment. A disabled person, like other citizens, retains the right to work.

An employer cannot refuse to employ citizens solely because they have a disability. According to the law, a disabled person must be provided with a job taking into account existing health problems and limitations in life activity.

Federal Law of the Russian Federation No. 181 of November 24, 1995 (as amended on July 29, 2018) guarantees feasible employment for citizens with disabilities, taking into account the recommendations of the IPRA. In order to facilitate their employment and organize accessible vocational education, a whole range of measures is provided, which includes:

• establishing a quota for hiring people with disabilities and a minimum number of places for them;
• providing opportunities for entrepreneurship;
• organization of training to master new professions;
• creating a reserve of jobs in professions suitable for people with disabilities;
• creation of necessary working conditions taking into account the recommendations of the IPRA.

This is evidenced by Art. 20 Federal Law of the Russian Federation No. 181. The implementation of the listed measures is carried out in accordance with the procedure determined by the local authorities of the constituent entities of the Russian Federation.

Working conditions that an employer is obliged to create for a disabled worker

Citizens with disabilities have the same labor rights as other employees. But the working conditions of one and the second category of workers differ.

Important! Citizens with disabilities, regardless of where or in what organization they work, are provided with working conditions in accordance with the IPRA.

This is the main legal requirement that all employers must comply with. You cannot ignore the requirements of the IPRA or change them yourself. It is also prohibited to change the working conditions of a disabled person in such a way that they worsen his position in comparison with others, and even more so to prescribe them in collective (labor) agreements.

The legislation provides for a shortened working week, extended basic leave, and additional leave for disabled people. rest and a number of other work privileges.

Reason: Art. 92 Labor Code of the Russian Federation, art. 128 of the Labor Code of the Russian Federation, as well as Art. 23 Federal Law of the Russian Federation No. 181 dated November 24, 1995.

How to fire a disabled person of groups 2 and 3

Although labor laws favor employees with disabilities, there are reasons why such employees may be fired. Dismissal of a disabled person of groups 2 and 3 at the initiative of the employer can be made in the following cases:

• refusal to transfer to a position corresponding to the IPR, or the absence of such a vacancy in the company;
• being intoxicated at work;
• absenteeism without good reason;
• systematic neglect of work responsibilities;
• liquidation of an organization, staff reduction, reorganization.

It is worth remembering what the Labor Code says: disabled people are subject to the same rules as other employees. In particular, the work of disabled people of group 2 in the Labor Code has the same value as the work of healthy employees.

Work of a disabled person at night, on holidays, weekends and overtime

Working citizens with disabilities are subject to some restrictions on their work schedule.

The law allows people with disabilities to work on holidays, weekends, nights and overtime, but only subject to certain restrictions. First of all, if such work is not contraindicated for a disabled person due to health reasons.

From the letter of the Ministry of Health of the Russian Federation No. 2510/3308-98-32 dated April 10, 1998.

This rule remains unchanged and is currently applied. So, for example, in order to provide a disabled person with work at night or on weekends, the employer must also:

1. Notify the disabled person of his right to refuse to work under the specified conditions.
2. Obtain written consent from him to work at night (or on weekends).

Important! A disabled person has the right to refuse night, “weekend” (overtime) work. At the same time, the employer does not have the right to reduce his salary for this, as well as fire him or hold him accountable.

Employment of disabled people of group 2: legislative framework

In the Russian Federation, the work of citizens with the second group is regulated at the state level, since without state support it is not easy for a disabled person to get a job.

The regulatory framework for employment of this category of citizens in 2019 is:

1. The Constitution of the Russian Federation, which states that every citizen of Russia has the right to work, regardless of his state of health and age.
2. The list of recommended working conditions for persons with disabilities, which must be observed in all enterprises of the Russian Federation, is prescribed in Federal Law No. 181-FZ.
3. The Labor Code of the Russian Federation reflects all the rights and benefits that are provided to people with disabilities when applying for a job and during labor relations.

For all Russian enterprises, the state provides mandatory quotas for the employment of people with disabilities:

• If the company has more than 100 employees, the quota ranges from 2 to 4% of the total number of employees.
• When a company has up to 35 employees, the quota for persons with disabilities does not exceed 3%.

Some Russian regions have their own laws that clarify federal standards.

When registering a disabled person for a job in accordance with the Labor Code of the Russian Federation, the usual conditions apply: the package of documents requested by the employer is similar to that required from ordinary citizens of Russia.

Attention! A disabled citizen is not required to present a disability certificate to the employer. If the employee does not provide it during employment, then the enterprise is relieved of responsibility for violating the standards for organizing the labor process.

If the employee presents a certificate, then all benefits and working conditions for persons with disabilities are reflected in the employment agreement.

What documents are needed when employing a disabled person of group 2?

When hiring an employee for a regular or specialized enterprise with 2 gr. disability, he must present the following list of documents to the personnel service:

• Passport of a citizen of the Russian Federation or other document for personal identification;
• Compulsory medical insurance policy;
• SNILS;
• Work record book, if the employee was previously employed elsewhere;
• A certificate from the military commissariat at the place of registration, if the employee is liable for military service or is expected to be drafted into the armed forces.
• Certificate of criminal record or absence, if this is a necessary condition for the position held.
• Certificate of secondary education, diploma of completion of a vocational or higher educational institution, other documents confirming the level of education.

Sometimes, taking into account the specifics of work activity, in accordance with the Labor Code of the Russian Federation, other federal laws, decrees of the Government of the Russian Federation and decrees of the President of the Russian Federation, when hiring an employee, an enterprise may request additional documents from him.

Documents to confirm disability when applying for a job

Information about the employee’s existing second group must be documented. The enterprise can learn from the following documents that there are contraindications and recommendations for organizing an employee’s workspace:

• ITU conclusion that the citizen has been assigned group 2 and the corresponding degree of disability;
• An individual rehabilitation program containing recommendations on the working conditions necessary for a given person.

But when applying for a job, a disabled person has the right not to present these certificates to the employer, since they are not on the list of mandatory documentation for employment approved by the Labor Code of the Russian Federation. Therefore, the employee must decide personally whether to present certificates of disability or not. An exception is cases when the employer may require a health certificate from the applicant for those professions where good health is one of the mandatory points for employment.

Some types of labor and professional activities from the developed list

Specific professions and positions are recommended for each category of disabled people. As an example, we can cite the following data and characteristics of the work process for citizens with hearing impairment.

With hearing impairments, people with disabilities can engage in agriculture, scientific, creative work, work in the construction industry, etc. For information, work can be monotonous or dynamic and varied.

Among the positions of employees, the following can be mentioned as an example: lawyer, archivist, bibliographer, semi-qualified accountant, design engineer.

As a rule, all the necessary components of work for each individual citizen with a disability are prescribed in the IPRA.

How can a disabled person of the second group work?

Russian legislation does not provide for restrictive measures when employing citizens with 2 degrees. disability. But employers prefer not to hire them as employees of their companies. However, a person assigned to the 2nd group can get a job in one of the following areas.

To specialized organizations

In most regions of Russia there are structures involved in employing citizens with disabilities. But almost always this work is poorly paid, and the number of vacancies is limited. Therefore, not many disabled people have the desire to get a job in such enterprises.

To ordinary organizations

The legislation of the Russian Federation provides quotas for vacancies for people with disabilities. They can work directly in production (conveyor operators, order pickers, etc.) and as office employees. But there are unscrupulous employers who, instead of creating working conditions for these citizens, prefer to pay fines.

Remote employment

This is the most popular option for people with the second group of disabilities, because you can work without leaving your own apartment. An employee can set his or her own work schedule. This is beneficial for the employer, since there is no need to create special working conditions for disabled people.

Most often, people with disabilities work in the field of journalism, creating computer programs, writing texts to fill websites on the Internet, etc.

Attention! The only but significant drawback of such work is that there is no official employment. This means that such activities are not taken into account in the length of service.

Common mistakes when employing people with disabilities

Error 1. In fact, any citizen with a disability, even in the case of significant limitations in life, can get a feasible job.

If there is a group 3 degree of disability (when the inability to work is most pronounced), the profession is selected for the person individually. At the same time, the motivation to continue the work and its favorable outcome should be clearly expressed.

When selecting, the degree of independence of a disabled person to perform work is taken into account. That is, the need for the participation of third parties, the need for their assistance to a disabled person when performing work.

Error 2. As established, a citizen with a disability has the right to partially (or completely) refuse to comply with the IPRA. In this situation, only the patient’s written refusal is taken into account.

You should know that a refusal issued in accordance with the established procedure removes responsibility from the employer and other services involved in rehabilitation activities for compliance with the requirements of the IPRA.

Error 3. If disability occurs during the period of employment, then the employer is obliged to reconsider the employee’s working conditions. If necessary (taking into account the medical recommendations of the IPRA), he must provide easier work in another profession (position) and, accordingly, all the “labor” benefits due to a disabled person.

Can a person with group 2 disability work?

The second group is assigned to a citizen if he has a serious congenital or acquired disease, existing congenital pathologies or injuries. They cause disruption of one or more body functions.

People with the second group of disabilities, according to the Labor Code of the Russian Federation, can carry out labor activities. Only the first group is non-working, since the persons to whom it is assigned completely lose their ability to work. Today, the state has formed a list of special provisions designed to assist persons with disabilities in adapting to society, as well as giving them opportunities to assert their own rights. The most important part of this set of measures is the presence in its composition of a job search program suitable for people with 2 gr. disability.

Can a person with a disability work?

The labor activity of disabled people and its nuances are regulated by the Labor Code of the Russian Federation, which reflects all the conditions recommended for the work of persons of this category.

Answers to frequently asked questions

Question No. 1: How is a disabled person paid for working on holidays and at night?

The payment procedure (its amount) is determined by Art. 154 of the Labor Code of the Russian Federation and government Decree No. 554 of July 22, 2008. For example, for night work (from 10 p.m. to 6 a.m.), an additional payment is required (20% of the tariff rate), which is calculated for each night hour worked.

Question No. 2: What kind of work is allowed for a wheelchair user?

For this category of workers, mental or simple, uncomplicated physical training is recommended. work according to an unregulated schedule. The field of activity can be different: arts and crafts, industry, services, communications.

Recommended types of work include, for example, writing a scientific paper, preparing information and documentation, etc.

What does disability group 2 give to a working person?

For working citizens with the second group of disabilities in 2019, funds are allocated from the budget to implement the benefits they are entitled to. These include:

• Possibility of free travel on all types of public transport (if necessary, a disabled person can get to a medical facility and back to undergo treatment). A disabled person is provided with 30 free trips per month, and if he did not manage to use them during the specified period, they are transferred to the next month;
• Free receipt of necessary medications;
• Providing vouchers for treatment in sanatoriums.

Disabled people of group 2 are given a discount on payment for housing and communal services in the form of either a certain amount or a percentage of the established tariff.

Employment quota

Those employers with more than 100 employees are required to comply with the quota for hiring disabled people. The quota must be observed as follows: employers are required to hire 2-4% of disabled people and citizens with disabilities from the average number of employees.

At the same time, the employer does not have the right to provide such employees with places that suggest that work activity is associated with harmful and dangerous conditions.

Important! Each subject of the Russian Federation sets its own quota for employees depending on the total number of employees of the company.

In addition, any employer has the right to adopt its own act on quotas for disabled employees.

For each employment of a disabled person, the employer is obliged to provide information to the territorial body of the employment service. This body records the fact that employers fulfill the quota. If the employer does not find such workers on his own, he must contact the non-profit association of disabled people with a request, in response to which he will be offered candidates who meet the requirements of the vacancies.

Important! The employer is obliged to comply with legal requirements for hiring disabled employees. Otherwise, the employer may be subject to administrative liability.

Hiring a disabled person

When hired, a new disabled employee presents the employer with documents confirming his status. One of such documents is a certificate from the MES confirming the disability group. Such a certificate is issued by medical and social examination bodies and, in addition to the disability group, it contains information about the limitations of the disabled person at work. Depending on the disability (groups 1, 2 and 3), there are restrictions on the severity of work, as well as requirements for the provision of rest and working conditions. The MES certificate is issued for a certain period or indefinitely. If the period for which the disability is established is limited, then the employee will need to undergo the MES again in order to confirm the disability group. The date for re-examination is indicated in the certificate (

Privileges

The second disability group offers benefits. They consist of a trip for a free vacation to a sanatorium, where a person with disabilities is required to provide a set of necessary medications. The social package provided for disabled people also includes free movement on intercity and public transport. Some of these benefits can be replaced by financial assistance at the request of the citizen.

People who have the second group of disabilities often require equipment that will help them undergo socialization in society and rehabilitation. First of all, we are talking about wheelchairs for independent movement, hearing aids, special clothing and shoes, and vision-correcting products. Naturally, the state is obliged to provide all this to a person in need free of charge.

Among other things, disabled people of group 2 can count on physical and moral assistance from social workers. For example, such people may request that the state appoint a cleaner to take care of their home. Such services are sometimes paid for independently by a person with disabilities if his official income exceeds the average subsistence level in all regions of the country.

As for free education, disabled people of the second group have the opportunity to enter secondary specialized and higher educational institutions without competition. The citizen is not charged any fee. At the same time, he retains the right to receive a scholarship.

Finally, it is worth noting that a disabled person can take advantage of the above benefits only if the generally accepted taxes are properly paid. In certain situations, people with disabilities are exempt from collecting state fees from them.

Provided benefits

For working disabled people of the second group, government bodies establish certain benefits:

• hiring without a probationary period;
• the right to set a part-time working day or week with mandatory working of the established time;
• inability to overwork and go to work at night;
• preferential employment opportunity in case of staff reduction;
• termination of employment relations with an employee due to health conditions.

In addition, there are financial transfers that are sent to the organization’s account from the social protection fund for disabled people. However, it should be taken into account that this only happens if people apply for work through the employment service.

Organizations that employ people with disabilities regularly conduct inspections of:

• legal plan;
• social plan;
• qualifying;
• medical nature.

The employee became disabled. Legal dismissal or transfer to another position?

An employee working in an organization becomes disabled . First of all, the employer must find out the employee’s intentions to continue working and study the documents provided. Based on the data obtained, choose one of three paths:

1. The first disability group is equivalent to complete loss of ability to work . If the IPR contains a note that the disabled person is completely disabled, he will have to be fired with payment of the compensation intended for him. Example Ivanov received a Group I, III degree . He provided all the documents to the HR department and expressed a desire to continue working . The employer doesn't mind. The organization will not be held administratively liable for failure to comply with the IPR due to the fact that the document does not contain the phrase about total disability . This means that a disabled person has the right to continue working.

1. Disability groups II and III allow an employee to continue working if he has a desire to work. The organization must bring working conditions in accordance with the IPR or transfer the specialist to another position.

1. If an employee refuses to continue working, he is dismissed by agreement of the parties, or the disabled person writes a statement on his own.

Who is eligible for disability benefits?

According to the law of the Russian Federation, disabled people are entitled to full pensions, and there are no restrictions on this matter.

A disability pension is a benefit that a citizen can count on due to temporary or permanent loss of ability to work. The specific conditions of pension payments will depend on certain circumstances and details of the employment relationship, the reasons for loss of legal capacity.

• Workers and employees have the right to receive a pension if they have a disability of the first, second or third group (as assigned for group 3?). Payments may be calculated differently, depending on the factors that caused the loss of legal capacity.
• If we are talking about an injury in connection with work, an occupational disease , then accruals are made without taking into account the length of service. If the loss of ability to work occurred as a result of a general illness, then the length of service is taken into account when calculating the pension. The younger a citizen is, the less experience is required.
• Taking into account the legislation, a disability pension is awarded to persons who are recognized as disabled people of the first, second or third group . A citizen can be recognized as disabled if a medical examination has been carried out, in accordance with Federal Law No. 181.
• Payments for loss of ability to work are made regardless of when it occurred . And this could happen during the working day, before getting a job, as well as after dismissal.
• In order for a disability pension to be awarded, you need an insurance period of any duration . The duration of this experience depends on the category of disability.

Registration procedure

An applicant with a disability can apply for an existing vacancy himself or be referred to an organization by an employment center according to an established quota .

The first thing a human resources specialist must do is to check whether the job for which a disabled person is applying is not contraindicated due to his health condition. In the event of an unlawful refusal of a disabled person to get a job, a fine (reprimand) is imposed on the head of the organization.

At the same time, candidates sent from the employment center, within the framework of a previously determined quota, are required to employ them , regardless of the employer’s wishes. Quotas are given only to those organizations with more than 100 people.

After the potential employee brings all the necessary documents, the actual process of applying for a job :

• the employee writes a statement;

• an employment contract is drawn up;

• an order is issued;

• The employee is familiarized with local regulations (job description, collective agreement, all kinds of provisions) against his signature;

• a T2 card is issued and a personal file is opened;

• A corresponding entry is made in the disabled person’s work book.

Employment order form.

What should you do if you receive a refusal to grant a disability?

An applicant who has passed a special commission and submitted the required package of documents, but was not recognized as a disabled person of the second group, can appeal the experts’ decision. The citizen is given 1 month to complete the relevant procedures. In this case, a person with disabilities will have to draw up an application and send it to the organization that conducted the examination procedure.

Based on the above actions, a re-examination is scheduled. Based on the results of the event, a final conclusion is made on the advisability of assigning a special social status. If a re-examination is refused, a citizen has the right to file a complaint with the Federal Bureau. Ultimately, any decisions can be appealed by a person who claims to be disabled in court.

Employer's liability

Some employers are reluctant to hire people with disabilities. In this case, they are brought to administrative responsibility. Thus, for an organization that does not create jobs for people with disabilities, the fine is 5–10 thousand rubles. In addition, fines are also provided for the fact that employers do not provide information to the employment service about hiring disabled people. In this case, the fine for an organization will be 3–5 thousand rubles, and for an official – 300–500 rubles.