For people with disabilities, when passing a medical and social commission, a disability group is established, and an individual rehabilitation program is prescribed, which specifies special conditions for carrying out work activities. It is based on a law that clearly describes the working hours for disabled people of groups 1 and 2 and penalties for employers who violate this regulation.
What should an employer do if an employee is diagnosed with a disability?
The employer is obliged to provide its employee with working conditions that meet the conditions of the individual rehabilitation program for a disabled person. The first thing you should pay attention to is the degree of restrictions on work. If there is a 3rd degree restriction with the impossibility of working, the employment contract with such an employee is subject to termination in accordance with the Labor Code of the Russian Federation (Article 83, Part 1, Clause 5).
If the 3rd degree is indicated, but there is a note that the person can perform basic work with the help of third parties, the employer must follow the recommendations of the rehabilitation program for the disabled person. The same applies in the case of 1st and 2nd degree restrictions.
To ensure working conditions for a disabled person that comply with IPRA recommendations, the employer must do the following:
- adapt the premises and equipment for the work of a disabled person;
- provide the employee with all the necessary information on work in a form accessible to him;
- create a work schedule that is convenient for a disabled person;
- provide a mentor for training if necessary.
For your information! The employee, at his own discretion, may or may not provide documents confirming his status as a disabled person. It's his right. The employer is advised to formally record the moment such information is provided in order to explain, if necessary, why appropriate conditions were not previously made for this employee.
An employee may refuse to fully or partially comply with the recommendations of the IPRA. It is better to do this officially, by providing the employer with a corresponding application.
Amount of benefit for disabled children
Payments to disabled people under 18 years of age:
- Social benefits – 12432.44 rubles.
- EDV – 2783 rub.
The following amounts of payments are provided for caring for a child with a disability:
- 10,000 rub. parents or persons registered as guardians;
- 1200 rub. - to other persons.
Also, disabled children have the same benefits as other disabled citizens. Additional benefits in the form of increased leave, early retirement and additional days off are available to their parents or guardians.
These benefits are assigned only to children under the age of majority. If the ability to work has not been restored after 18 years, then the person receives the status of “childhood disabled” with a certain category and is assigned social disability benefits.
Responsibilities of employers regarding quotas of jobs for people with disabilities
The state has legally obligated employers to provide jobs for people with disabilities. This is done within quotas. If the company employs more than 100 people, then 2-4 percent of the number of jobs should be allocated for people with disabilities. For small organizations with less than 100 workplaces – 3%. Regional authorities have the right to set their own quotas in the territory, but not less than those prescribed by federal legislation.
Having such a quota, the employer is obliged to create appropriate jobs, ensure working conditions and provide information about vacancies to the employment center.
We have already written about how a disabled person can register with an employment center.
The employment center is responsible for compliance with these requirements; it is obliged to control enterprises and organizations in the sponsored territory. If employers violate quota conditions, they may be fined. If jobs are not allocated, the fine for the manager is from 5 to 10 thousand rubles, if a disabled person is refused employment for such a vacant position - 5-10 thousand rubles, if information about vacancies is not provided to the Central Employment Center - 3-5 thousand rubles.
Amount of benefits for disabled people since childhood
- Social pension: 1st group – 12681.09 rubles, 2nd group – 10567.73 rubles, 3rd group – 4491.30 rubles.
- EDV: 1 group – 3897 rub., 2 – 2783 rub., 3 – 2228 rub.
There is also a disability benefit in case of loss of a breadwinner. Its size depends on the breadwinner's insurance pension.
Persons disabled since childhood have the right to the same benefits as persons who have become disabled during their lifetime.
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Working day for a disabled person and wages
According to the law, the working week of a disabled person of the first or second group should not be more than 35 hours, and wages should be full, as for other workers. Such rights of a disabled person at work are necessarily stipulated in the employment contract. If the employment agreement was concluded before receiving disability or the documents were provided by the employee later, changes are made to the existing agreement. If after the next commission the disability group is removed, the employee will again be given normal working hours.
Disability insurance payment
Paid if two conditions are met:
- There is any disability group.
- I have experience.
The disability insurance pension depends on several factors:
- groups;
- duration of employment;
- fees paid;
- presence in the family of persons under care;
- region of residence.
The amount of the insurance pension includes a fixed part, which is determined by the government and indexed every year. As of January 1, 2019, its value ranges from 3,467 to 24,003 rubles. The amount of disability benefits is calculated taking into account the group, family and social status, and length of service.
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Overtime for disabled people
An employee with a disability group can be engaged to work on a weekend, a holiday or in excess of the established norm only after receiving his written consent and provided that this does not harm his health. The employer is obliged to provide the employee with a document informing him of the opportunity to refuse this type of work. You need to familiarize yourself with these documents with your signature.
Important! Overtime work for a disabled person should be no more than 120 hours per year and 4 hours for two consecutive days.
Payment for overtime work is made in the usual manner in accordance with the labor code.
You can read about the employment program for people with disabilities here.
Employment and work activity
Benefits for disabled people. Answers to all questions
The article discusses the following questions: what benefits does the Labor Code guarantee to disabled people, are disabled people allowed to work at night, is it possible to attract disabled people to overtime work, in what cases is it permissible to attract disabled people to work on weekends and non-working holidays, what benefits exist in labor legislation for parents of disabled children, what benefits are provided to disabled people during employment, how the provision of employment for disabled people is organized.
Continued, see beginning.
Benefits for disabled people. Answers to all questions. Part I. Procedure for recognition as a disabled person
Benefits for disabled people. Answers to all questions. Part III. Benefits for disabled people to provide them with living quarters, pay for housing and utilities
Benefits for disabled people. Answers to all questions. Part IV. Transport benefits for people with disabilities
Benefits for disabled people. Answers to all questions. Part V. Providing disabled people with prosthetic and orthopedic products
Benefits for disabled people. Answers to all questions. Part VI. Issues of education and training for people with disabilities
Benefits for disabled people. Answers to all questions. Part VII. Sanatorium-resort treatment for disabled people
Benefits for disabled people. Answers to all questions. Part VIII. Car insurance for disabled people
Benefits for disabled people. Answers to all questions. Part IX. Free medicines
What benefits does the Labor Code guarantee for disabled people?
The Labor Code guarantees disabled people the following benefits during their working career.
- Reduced working hours. Normal working hours are reduced by 5 hours per week for workers who are disabled people of group I or II (Article 92 of the Labor Code).
- The duration of daily work (shift) for disabled people is established in accordance with a medical report (Article 94 of the Labor Code).
- Leave without pay. The employer is obliged, based on a written application from the employee, to provide unpaid leave to working disabled people - up to 60 calendar days per year.
Are disabled people allowed to work at night?
Night time is the time from 22:00 to 6:00. The duration of work (shift) at night is reduced by one hour (Article 96 of the Labor Code).
The following are not allowed to work at night:
- pregnant women;
- disabled people;
- workers under the age of 18, with the exception of persons involved in the creation and (or) performance of artistic works;
- other categories of workers in accordance with this Code (Labor Code) and other federal laws.
They may be required to work at night, but only with their written consent and provided that such work is not prohibited for health reasons in accordance with a medical certificate:
- women with children under three years of age;
- workers with disabled children;
- workers caring for sick members of their families in accordance with a medical report;
- mothers and fathers raising children under the age of five without a spouse, as well as guardians of children of this age.
In this case, these employees must be informed in writing of their right to refuse to work at night.
Is it possible to involve disabled people in overtime work?
Overtime work is work performed by an employee at the initiative of the employer outside the established working hours, daily work (shift), as well as work in excess of the normal number of working hours during the accounting period.
The following cannot be involved in overtime work:
- pregnant women;
- workers under 18 years of age;
- other categories of workers in accordance with federal law.
They may be required to work overtime with their written consent and provided that such work is not prohibited for them due to health reasons in accordance with a medical certificate:
- disabled people;
- women with children under three years of age.
At the same time, these categories of employees must be informed in writing of their right to refuse overtime work.
In what cases is it permissible to employ disabled people to work on weekends and non-working holidays?
Involvement of disabled people and women with children under three years of age to work on weekends and non-working holidays is allowed only if such work is not prohibited for them for medical reasons. At the same time, these categories of employees must be informed in writing of their right to refuse to work on a day off or a non-working holiday.
What benefits exist in labor legislation for parents of disabled children?
In accordance with Art. 93 of the Labor Code, parents of disabled children have guarantees for the following benefits in labor legislation.
By agreement between the employee and the employer, a part-time or part-time work week may be established both upon hiring and subsequently. The employer is obliged to establish a part-time or part-time work week at the request of a pregnant woman, one of the parents (guardian, custodian) with a child under the age of 14 (a disabled child under the age of 18), as well as a person caring for the patient family member in accordance with a medical report.
When working part-time, the employee is paid in proportion to the time he worked or depending on the amount of work he performed.
Part-time work does not entail for employees any restrictions on the duration of annual basic paid leave, calculation of length of service and other labor rights.
Sending on business trips, engaging in overtime work, night work, weekends and non-working holidays of women with children under three years of age is allowed only with their written consent and provided that this is not prohibited by medical recommendations. At the same time, women with children under three years of age must be informed in writing of their right to refuse to be sent on a business trip, to be involved in overtime work, to work at night, on weekends and non-working holidays. The guarantees provided for in part two of this article are also provided to employees who have disabled children or people with disabilities from childhood until they reach the age of 18, as well as to employees caring for sick members of their families in accordance with a medical report.
Termination of an employment contract with women who have children under three years of age, single mothers raising a child under 14 years of age (a disabled child under 18 years of age), other persons raising these children without a mother, at the initiative of the employer is not allowed (with the exception of dismissal under paragraph 1, subparagraph “a” of paragraph 3, paragraphs 5-8, 10 and 11 of Article 81 of the Labor Code).
Additional days off for persons caring for disabled children and people with disabilities since childhood: one of the parents (guardian, trustee) for caring for disabled children and people with disabilities from childhood until they reach the age of 18 years, upon his written application, is provided with four additional paid days off per month, which can be used by one of these persons or divided among themselves at their discretion. Payment for each additional day off is made in the amount and manner established by federal laws. Women working in rural areas may be granted, upon their written request, one additional day off per month without pay.
Additional leave without pay for persons caring for children: an employee with two or more children under the age of 14, an employee with a disabled child under the age of 18, a single mother raising a child under the age of fourteen, a father raising a child under 14 years of age without a mother, a collective agreement may establish annual additional leaves without pay at a time convenient for them for up to 14 calendar days. In this case, the specified leave, at the request of the relevant employee, can be added to the annual paid leave or used separately in full or in parts. Transferring this leave to the next working year is not allowed.
What benefits are provided to people with disabilities during employment?
Benefits for ensuring the employment of disabled people are guaranteed by Article 20 of the Federal Law “On Social Protection of Disabled People”. According to this article, disabled people are provided with guarantees of employment by federal government bodies and government bodies of constituent entities of the Russian Federation through the following special events that help increase their competitiveness in the labor market:
- establishing in organizations, regardless of organizational and legal forms and forms of ownership, quotas for hiring people with disabilities and a minimum number of special jobs for people with disabilities;
- reserving jobs in professions most suitable for employing people with disabilities;
- stimulating the creation by enterprises, institutions, and organizations of additional jobs (including special ones) for the employment of people with disabilities;
- creating working conditions for disabled people in accordance with individual rehabilitation programs for disabled people;
- creating conditions for entrepreneurial activity of disabled people;
- organizing training for disabled people in new professions.
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.
How is employment of people with disabilities organized?
For organizations with more than 100 employees, the legislation of a constituent entity of the Russian Federation establishes a quota for hiring disabled people as a percentage of the average number of employees (but not less than 2% and not more than 4%) (part one as amended by the Federal Law of August 22, 2004 No. 122 -FZ).
Public associations of disabled people and organizations formed by them, including business partnerships and societies, the authorized (share) capital of which consists of the contribution of a public association of disabled people, are exempt from mandatory quotas of jobs for disabled people.
Employers, in accordance with the established quota for hiring disabled people, are obliged to:
- create or allocate jobs for the employment of people with disabilities;
- create working conditions for disabled people in accordance with the individual rehabilitation program for the disabled person.
Special workplaces for employing disabled people are workplaces that require additional measures to organize work, including adaptation of main and auxiliary equipment, technical and organizational equipment, additional equipment and provision of technical devices, taking into account the individual capabilities of disabled people.
The minimum number of special jobs for employing disabled people is established by the executive authorities of the constituent entities of the Russian Federation for each enterprise, institution, organization within the established quota for hiring disabled people.
Employers have the right to request and receive information necessary when creating special jobs for employing people with disabilities.
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.
Source: Roshchupkina L.A. “Benefits for disabled people. Answers to all questions" - 2nd ed., revised. and additional - St. Petersburg. : BHV-Petersburg; M.: Eksmo, 2008.
Leave for disabled people
The minimum leave for an employee with a disability group is 30 calendar days. This circumstance is separately discussed in the employment contract with the employee. If the group is withdrawn after re-examination, the leave may be reduced to a minimum of 28 days.
If necessary, a disabled person has the right to receive leave without pay for 60 days. To do this, you need to submit a written application to the human resources department of the organization. Disabled Chernobyl victims can count on payment for an additional 14 days of vacation at the expense of social protection authorities. To get this money. You need to provide social security with a certificate from your place of work about your average earnings and an estimate of the amount due for 14 days.
Types of disability benefits
People who are unable to work due to disability are provided with the following types of financial support:
- The social pension is intended for those who have not accumulated insurance coverage. Can be received by minors, pensioners, citizens who have lost their breadwinner.
- A labor pension is assigned as compensation for the lost opportunity to receive income. To receive this type of payment, you must have a minimum length of service – at least 1 day.
- The state pension is accrued depending on the length of service to cosmonauts, military personnel, victims of man-made accidents, participants of the Second World War, as well as survivors of the blockade.
Holiday benefits
Benefits for working disabled people are also provided when taking leave.
According to the Labor Code, a citizen with a disability has the right to extended paid annual leave.
If all citizens receive, as a rule, 28 calendar days, then disabled people receive 30 calendar days (Article 23 of the Federal Law of November 24, 1995 No. 181-FZ). A separate norm has also been established for sick leave - no more than 4 months in a row or 5 months in a calendar year (according to paragraph 3 of Article 6 of Federal Law 255-FZ of December 29, 2006). If a disabled employee falls ill with tuberculosis, temporary disability benefits are paid until the day of restoration of working capacity.
Vacation at your own expense without pay can reach 60 calendar days (Article 128 of the Labor Code of the Russian Federation).
If an employee has become disabled while already working in an organization, then in order to receive the benefits and privileges due, he must provide the employer with documents confirming his disabled status. After this, the terms of cooperation will be reviewed and reissued.
In addition, employees who have become disabled due to the Chernobyl disaster have the right to go on vacation at any time convenient for them and can additionally take 14 days of vacation paid by the Social Insurance Fund (Clause 5 of Article 14 of the Law of the Russian Federation of May 15, 1991 No. 1244- 1 “On the social protection of citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant”).
How to apply for benefits at your place of work
To obtain labor benefits, a disabled worker must provide the employer with documents confirming his status. This is usually an individual rehabilitation plan and an ITU certificate. A person with disabilities receives these documents from a medical commission that assigns a group to him.
It is noteworthy that a disabled person is not required to disclose information about his or her health status when applying for employment. It's his right. But there is no point in hiding the truth from employers, because the status of a disabled person makes it possible to receive a number of labor benefits.
Moreover, they are provided to people with disabilities for a reason – their health requires it.
Based on the documents provided, the employer draws up a correct employment contract, taking into account the specific conditions required by the hired employee. Or makes adjustments to the current act (if the disability was acquired after employment).
From this moment on, the employer undertakes to provide the disabled worker with the conditions provided for this category of citizens by federal and regional legislation. Also, an employee with a disability must create a working environment that complies with the requirements of his IPR.
Coronavirus benefit for disabled people
Disabled people who were previously assigned a disability group will have their group automatically extended for 6 months if the deadline for its re-certification falls on a date before March 1, 2021. The same applies to disabled children.
For persons establishing disability for the first time before March 1, 2021, a medical and social examination will be carried out without the personal presence of the applicant. This proposal was made by the Russian Ministry of Labor.
All changes will be automatically entered into the Federal Register of Disabled Persons. The Pension Fund will automatically assign or extend disability pensions.
How to apply for benefits - required documents
You can find the procedure for applying for benefits at the medical institution where the disability group is assigned. As soon as you have received the appropriate conclusion, you should contact the Pension Fund of your region. Here you need to provide:
- Identification;
- Conclusion of the commission;
- Work book.
When applying for other benefits, for example, a subsidy for utilities, an additional set of papers may be required, for example, a certificate of family composition.
Disability benefits are usually assigned together with a pension; just contact the Pension Fund, where they will calculate the specific amount of the benefit, tell you what papers you need to provide, and how payments are received. You will also need to open a bank account or take your card details where the money will be transferred. In addition to payments, there are also additional benefits and various services for the disabled - you shouldn’t refuse a little help.
List of benefits for disability group 3 in 2021
Discounts on housing and communal services
Disabled people living in public, municipal, state housing stock can count on a several-fold reduction (by 50%) in utility costs for:
— electricity;
— heating;
- water supply and sanitation;
— purchase of solid fuel in the absence of central heating in the house.
Important
: Social norms are also taken into account, but they only reduce the cost of utilities, and everything beyond this must be paid in full.
Providing housing and land
An apartment is given to a person with group 3 when:
- he does not have his own home;
- you have to rent a room;
— registration in a hostel (not counting those who work seasonally or study);
- the living space is shared with strangers, that is, there are no family ties with them;
- the space is recognized as not complying with technical, sanitary and area standards.
Plus, group 3 gives a disabled person the right to receive a plot of land on preferential terms for:
- building a house;
- running a personal household;
— development of gardening.
In addition to the listed opportunities, when staying in a hospital, a disabled person is assigned housing for 6 months (applies to cases with social rent, if the house is municipal, public or state property).
How can a disabled person get an apartment?
Housing on social rent
Preferential taxes
Taxes for the category of citizens in question may be reduced. In particular, we are talking about:
— tax deduction in the amount of 500 rubles (the salary amount becomes less when taxes are calculated);
— the opportunity not to pay insurance premiums (from salary);
— removal of tax liability if a disabled person of group 3 owns a specialized car (up to 100 hp).
Benefits for medicine
As part of providing people with group 3 conditions for rehabilitation, the state provides:
— unemployed disabled people 50% discount on medicines;
— preferential or free treatment;
- free prosthetics and other technical equipment. means necessary for life;
— wellness course in a sanatorium according to an individual program;
— annual travel to a sanatorium or dispensary.
Please contact your physician for a referral or prescription for these options. The specialist will issue the appropriate paper and indicate whether to contact the Social Insurance Fund (if you need a voucher), a pharmacy or another institution.
It is worth knowing that in case of disability due to post-vaccination complications, an additional 1000 rubles are paid as monthly compensation.
Benefits in the educational sphere
If a disabled person of group 3 passes the entrance exams successfully, he will be admitted on preferential terms to universities and secondary specialized educational institutions. In the application for the commission, you should indicate the number of the preferential certificate. Also, during training, a person with disabilities receives a scholarship, regardless of the results achieved at the examination sessions.
EDV and NSU for group 3 - what is included, amount of payments
In addition to physical benefits, social benefits have a monetary equivalent, that is, a monthly allowance or a supplement to the pension. In general, the set of social services includes the following free of charge:
— prescription medications (or a 50% discount is possible);
- travel by suburban and railway transport to the place of treatment and back (this also applies to the person accompanying the disabled person);
- Spa treatment.
To use the listed preferences or replace them with a fixed cash increase to your pension, it is enough to submit a corresponding application to the Pension Fund.
Until February 1, 2021, the amount of EDV reached
2336.70 rubles
. The social package in the EDV accounts for 1211.66 rubles, including:
— 933.25 rubles
for medications;
— 144.37 rubles
for a trip;
— 134.03 rubles
for travel.
Important
: When choosing a natural form of benefits, the payment of EDV will decrease by 1000 rubles, since the social package is part of the EDV.
