To whom and how is a quota-based workplace provided?

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Published: 07/01/2016

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The main function of the state is the social protection of citizens, the implementation of which is carried out in various areas. In particular, by promoting the employment of representatives of certain categories of the population. Therefore, the state provides them with such a social guarantee as the availability of quota jobs.

Employers are required to implement this guarantee . Read more about its practical application below.

• Concept and legislative regulation
• How is the number of seats calculated?
• Realization of the rights of persons with disabilities
• Quota places for other categories of the population
• Employer's liability

Concept and legislative regulation

A quota workplace represents a certain number of vacancies that are provided specifically for the employment of special categories of workers. These categories can be determined in accordance with legislation - both local and federal.

Quotas are intended to support those categories of the population that have difficulty finding employment.

The reasons for this may be different: health status, inappropriate age,

lack of experience, etc. As a rule, the state provides certain benefits to employers who employ such workers.

At the federal level there is no single legal act that would regulate this issue. It is partially addressed in the following laws:

• “On employment in the Russian Federation”;
• “On the social protection of disabled people in the Russian Federation.”

More detailed regulation of the quotas provided is carried out by regional legislative documents. Therefore, the preferential categories of workers who are entitled to such places may vary depending on the territory.

Let's summarize

Thus, quota jobs are preferential jobs, with all the ensuing relaxing working conditions for applicants.

These include, for example, the opportunity to take a vacation at one’s own expense for up to two months at any time convenient for the disabled person. Disabled people hired under a quota cannot be forced to work on weekends, holidays, overtime, or night shifts (disabled people of groups 1-2).

In general, it would be a good idea for them to first learn their rights at work, and then rush into battle. The quota for them is a big and, one might say, the only chance to get a job and gain a foothold in the workplace. It certainly shouldn't be missed.

How is the number of seats calculated?

The legislation does not establish the exact number of quotas that should be provided for at each enterprise. The exact figure depends on the following factors:

• total number of employees;
• specific subject of the Russian Federation.

The last factor is explained by the fact that the exact establishment of quotas often occurs at the regional level, by enshrining this provision in local legislative acts. In this case, the quota is set as a percentage of the total number of employees.

As for the first factor, that is, staffing levels, the relationship is as follows:

• enterprises with fewer than 35 employees should not provide a quota at all;
• companies employing between 35 and 100 people can offer a quota of a maximum of 3% of the total number of employees (that is, from one to three people);
• for enterprises with more than 100 employees, the quota is determined by the employer, but within the range of 2-4%.

The employer has the right to hire more employees with preferential benefits than provided by law, but not less.

Local regulations may divide the quota between several categories of workers - for example, 2% for people with disabilities and 2% for minors.

What is a quota

In order for people to have equal opportunities in the labor market, the state obliged enterprises to hire representatives of certain social groups. All companies with at least 35 employees must do this. Without such support, finding work would be difficult, if not impossible, for many people.

Thus, a quota workplace is a vacancy that can only be filled by a representative of a specific category of citizens.

At the same time, the employer must not just hire a person who meets the quota requirements. It is necessary to provide an equipped workplace that meets his physical capabilities. Also, in relation to the preferential category of employees, it is necessary to comply with the benefits guaranteed by labor legislation.

Such assistance from the state makes it possible for socially vulnerable categories of citizens who have problems finding employment to earn their own living. In addition, for some people it also helps in social adaptation.

Realization of the rights of persons with disabilities

The main category of workers for whom quotas are guaranteed are people with disabilities . Moreover, this guarantee is provided to them at the federal level.

Applicants can contact the employer either independently or after receiving a referral from the employment center. In the first case, to confirm their status they must provide certain documents, namely:

• a medical and social examination certificate indicating the disability group;
• individual rehabilitation program for a disabled person.

Without these documents, it can be difficult for an employer to determine whether an applicant belongs to a preferential category, so he is not obliged to employ him in a quota position. If disability is confirmed and the disabled person is hired, the procedure for applying for a job is no different from general cases.

A referral from the employment center is also possible, since the employer is required to provide a monthly report there on the availability of available places and the fulfillment of the quota. In this case, in order to receive a referral, the disabled person must first register as unemployed.

It is worth considering that in most cases, disabled people require the organization of special working conditions that correspond to their rehabilitation programs.

The employer must also comply with other legislative guarantees provided for such employees: install special equipment, organize shorter working hours, provide additional free leave, etc.

Rights of the quota employer

For fulfilling quota obligations, the employer also acquires additional rights, mainly informational:

• The Employment Center and/or Quota Center must provide employers with any necessary information regarding preferential categories;
• the requirement for compliance with the position held also applies to quota workers - an insufficiently qualified or unable to cope with the duties of a “beneficiary” may not be accepted or dismissed in the same way as a regular employee (the reasons for the refusal must be justified).

Quota places for other categories of the population

In addition to people with disabilities, regional regulations may provide the right to receive quotas for other categories of workers. In particular, they may be:

• minor children (aged 14 to 18 years);
• former children from orphanages;
• children from single-parent families;
• single mothers;
• former prisoners who cannot find employment after their release;
• young specialists (that is, graduates of educational institutions with no work experience);
• people of retirement or pre-retirement age;
• children from single-parent, large or low-income families;
• mothers with small children (up to three years old);
• liquidators of the Chernobyl accident, etc.

It is obvious that representatives of all the categories listed above are either socially unprotected or simply unattractive to employers as employees, for one reason or another. The quota is introduced precisely to help these applicants earn a living .

As for the number of places, it differs for each category and is set separately in a particular region, depending on the capabilities of local authorities. To obtain information about who exactly belongs to the beneficiaries and in what quantities quotas are provided, it is necessary to refer to the regulations adopted in individual constituent entities of the Russian Federation.

Find out how to get maternity leave if you don’t work! How to correctly calculate your sick leave? Our article contains all the information on this topic. How to resolve the issue of sick leave pay after your dismissal - read here.

Job quotas

“Personnel issue”, 2014, N 2

JOB QUOTAS

The issue of employment often turns into a serious problem even for a healthy person. What can we say about people with disabilities - disabled people. In the presented material we will talk about job quotas - an effective mechanism that provides protection from unemployment for persons with reduced competitiveness in the labor market.

So, a quota is the minimum number of jobs for citizens who are especially in need of social protection and have difficulty finding work (as a percentage of the average number of employees of an organization), whom the employer is obliged to employ in this organization. The quota also includes jobs in which citizens of the specified category are already employed.

Job quotas are the establishment of quotas in organizations, regardless of organizational and legal forms and forms of ownership, for hiring for citizens who are especially in need of social protection and have difficulty finding work.

Quotas for jobs are carried out in order to provide additional guarantees of employment for citizens.

In accordance with Art. 16 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), which defines the grounds for the emergence of labor relations, labor relations can arise as a result of the sending of workers to work by authorized bodies of law against the established quota.

The regulatory act establishing the legal, economic and organizational foundations of the state policy of promoting employment, including state guarantees for the implementation of the constitutional rights of citizens of the Russian Federation to work and social protection from unemployment, is the Law of the Russian Federation of April 19, 1991 N 1032-1 “On employment in the Russian Federation” (hereinafter referred to as RF Law N 1032-1).

Based on Art. 5 of the said Law, state policy in the field of promoting employment of the population, in particular, is aimed at implementing measures to promote employment of citizens experiencing difficulties in finding work:

— disabled people;

- persons released from institutions serving a sentence of imprisonment;

— minors aged 14 to 18 years;

— persons of pre-retirement age (two years before the age that gives the right to receive an old-age labor pension, including early retirement);

— refugees and internally displaced persons;

- citizens discharged from military service and members of their families;

- single and large parents raising minor children and disabled children;

— citizens exposed to radiation as a result of Chernobyl and other radiation accidents and disasters;

— citizens aged 18 to 20 years, with secondary vocational education and looking for work for the first time.

By virtue of Art. 13 of Law of the Russian Federation N 1032-1, the state provides additional guarantees to citizens experiencing difficulties in finding work, in particular, by establishing a quota for hiring people with disabilities.

At the same time, the quota for hiring disabled people is established in accordance with Federal Law No. 181-FZ of November 24, 1995 “On the social protection of disabled people in the Russian Federation” (hereinafter referred to as Law No. 181-FZ).

According to the said Law, namely Art. 21, for employers whose number of employees exceeds 100 people, the legislation of the constituent entity of the Russian Federation establishes a quota for hiring disabled people in the amount of 2 to 4% of the average number of employees. For employers whose number of employees is no less than 35 people and no more than 100 people, the legislation of a constituent entity of the Russian Federation may establish a quota for hiring disabled people in the amount of no more than 3% of the average number of employees.

If the employers are 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, these employers are exempt from complying with the established quota for hiring disabled people.

The specific size of the quota is established by the legislation of the relevant constituent entity of the Russian Federation.

For example, in St. Petersburg, relations regarding the establishment of a quota for hiring disabled people are regulated by the Law of St. Petersburg dated May 27, 2003 N 280-25 “On quotas of jobs for the employment of disabled people in St. Petersburg.” According to this Law, for organizations with more than 100 employees, a quota for hiring disabled people is established in the amount of 2.5% of the average number of employees. And in the Leningrad region, the legal, economic and organizational basis for quotas of jobs for disabled people are determined by the Regional Law of the Leningrad Region of October 15, 2003 N 74-oz “On quotas of jobs for the employment of people with disabilities in the Leningrad region.” By virtue of this Law, organizations located on the territory of the Leningrad Region, regardless of their organizational and legal forms and forms of ownership, whose number of employees is more than 100 people, are set a quota for hiring disabled people in the amount of 3% of the average number of employees.

Note. Please note that organizations must not only provide workplaces for the employment of people with disabilities. In addition, they are obliged to submit monthly information to the employment service authorities about the availability of available jobs and vacant positions, created or allocated jobs for the employment of people with disabilities in accordance with the established quota for hiring people with disabilities, including information about local regulations containing information about this data. workplaces, fulfilling the quota for hiring disabled people. This is required by Art. 25 of the Law of the Russian Federation N 1032-1.

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. Special workplaces for the employment of disabled people are equipped (equipped) by employers, taking into account the impaired functions of disabled people and the limitations of their life activities in accordance with the basic requirements for such equipment (equipment) of these workplaces, determined by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of labor and social protection of the population.

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 (Article 22 of Law No. 181-FZ).

Note! Administrative liability has been established for the employer's failure to fulfill the obligation to create or allocate jobs for employing disabled people in accordance with the established quota for hiring disabled people.

According to Art. 5.42 of the Code of the Russian Federation on Administrative Offenses (hereinafter referred to as the Code of Administrative Offenses of the Russian Federation), the fine for this administrative violation, as well as for refusal to hire a disabled person within the established quota, for officials is from 5,000 to 10,000 rubles.

An unjustified refusal to register a disabled person as unemployed in accordance with the same article shall entail the imposition of an administrative fine on officials in the amount of 5,000 to 10,000 rubles.

A Art. 19.7 of the Code of Administrative Offenses of the Russian Federation provides for liability for failure to submit or untimely submission to a state body (official) of information (information), the submission of which is provided for by law and is necessary for this body (official) to carry out its legal activities, as well as submission to a state body (official) such information (information) in incomplete volume or in a distorted form, except for the cases provided for in Art. 6.16, part 4 art. 14.28, art. Art. 19.7.1, 19.7.2, 19.7.3, 19.7.4, 19.7.5, 19.7.5-1, 19.7.5-2, 19.7.7, 19.7.8, 19.8 Code of Administrative Offenses of the Russian Federation. This violation entails a warning or an administrative fine:

- for officials - from 300 to 500 rubles;

— for legal entities — from 3,000 to 5,000 rubles.

A similar penalty will be applied for submitting information (information) to a government body (official) incompletely or in a distorted form.

Next, we will consider the procedure for quotas for jobs based on Moscow Law No. 90 of December 22, 2004 “On Job Quotas” (hereinafter referred to as Law No. 90) and the Regulations on Job Quotas in Moscow, approved by Decree of the Moscow Government dated 4 August 2009 N 742-PP (hereinafter referred to as Regulation N 742-PP). But first, we note that the activities of Moscow employers in terms of job quotas are coordinated by the Moscow Department of Labor and Employment, as indicated by Regulation No. 742-PP.

Quotas for jobs according to Art. 2 of Law No. 90 is carried out, in particular, for disabled people recognized as such by federal institutions of medical and social examination, in the manner and under the conditions established by the Government of the Russian Federation.

Employers, regardless of the organizational and legal forms and forms of ownership of organizations, with the exception of public associations of disabled people and organizations formed by them, including business partnerships and societies, the authorized (share) capital of which consists of the contribution of a public association of disabled people, organize quota workers in Moscow places at their own expense.

The fulfillment of the quota for hiring (hereinafter referred to as the quota) for disabled people is considered to be the employment by an employer of disabled people who have recommendations for work, confirmed by the conclusion of an employment contract, the validity of which in the current month was at least 15 days.

So, according to clause 2.1 of Regulation N 742-PP, employers must, within one month after state registration with the tax authorities, register with the Moscow State Treasury Institution “Job Quota Center” (hereinafter referred to as the Quota Center).

The absence of registration with the Quota Center does not relieve employers from fulfilling the obligations assigned to them by Law No. 90.

When registering with the Quota Center, employers must present the information and notarized documents specified in clause 2.2 of Regulation No. 742-PP.

When registering, the employer is assigned a registration number, which is indicated when submitting statistical reports.

Employers have the right to submit these documents on their own initiative.

Please note that the employer must notify the Quota Center about all changes in registration data; in the event of a change in the place of registration of the employer with the tax authorities, the employer must undergo re-registration at the Quota Center, and in the event of liquidation of the organization, deregistration, which is established by clause 2.3 of the Regulations N 742-PP.

Registration, re-registration and de-registration are carried out free of charge (clause 2.3 of Regulations N 742-PP).

Based on Part 2 of Art. 4 of Law No. 90, clause 2.6 of Regulation No. 742-PP, employers must create or allocate jobs, in particular, for the employment of people with disabilities. Moreover, employers must create or allocate jobs in accordance with the established quota.

Note! By virtue of Art. 3 of Law No. 90, employers operating in the territory of Moscow, whose average number of employees is more than 100 people, are set a quota of 4% of the average number of employees: 2% - for the employment of people with disabilities and 2% - for the employment of categories of youth, specified in Part 1 of Art. 2 of Law No. 90.

In this case, the employer independently calculates the size of the quota based on the average number of employees employed in Moscow. The average number of employees in the current month is calculated in the manner determined by the federal executive body authorized in the field of statistics. When calculating the number of workers employed under the quota, their number is rounded down to the whole value.

If the number of disabled people hired for quota jobs is more than 2% of the average number of workers, the number of quota jobs in relation to the categories of youth specified in Part 1 of Art. 2 of Law No. 90, is reduced by the corresponding amount.

Jobs are considered created (allocated) if disabled citizens are employed in them.

According to Part 3 of Art. 4 of Law No. 90, clause 2.7 of Regulation No. 742-PP, the employment of citizens against the established quota is carried out by employers independently, taking into account proposals from the authorized executive authorities of Moscow in the field of employment and social protection of the population, as well as public organizations of disabled people and youth.

By virtue of Part 4 of Art. 4 of Law No. 90, clause 2.9 of Regulation No. 742-PP, employers subject to quota conditions are required to submit quarterly information on the fulfillment of the established quota to the Quota Center by the 30th day of the month following the reporting quarter. Employers must submit this information in form N 1-quota, approved by Order of the Moscow Department of Labor and Labor No. 119 dated March 1, 2012 “On the organization of regional statistical reporting in the field of quotas for jobs for people with disabilities and youth.”

Note. Please note that the Quota Center prepares summary statistical and other reports on the implementation of established quotas by employers, as well as proposals on issues of job quotas for the Moscow Department of Labor and Employment, which coordinates work on job quotas in Moscow (clause 2.10 Regulations N 742-PP).

Statistical reports prepared by the Quota Center, proposals from interested executive authorities of Moscow, public and other associations are submitted to the Moscow Department of Labor and Employment, which coordinates the work on quotas for jobs in Moscow (clause 2.11 of Regulation No. 742-PP ).

The Quota Center, on behalf of the Department of Labor and Employment of the City of Moscow, which coordinates the work on quotas for jobs in Moscow, exercises control, in particular, over the employment of disabled people in quota-based jobs (clause 2.12 of Regulation No. 742-PP).

In case of failure to fulfill the obligation to create or allocate quota jobs, an administrative penalty may be imposed on the employer in accordance with the Moscow Code of Administrative Offenses.

So, on the basis of Art. 2.2 of Moscow Law No. 45 of November 21, 2007 “Moscow City Code on Administrative Offences”, failure by an employer to fulfill the obligation established by the legislation of the city of Moscow to create or allocate quota jobs entails the imposition of an administrative fine:

- for officials in the amount of 3,000 to 5,000 rubles;

— for legal entities — from 30,000 to 50,000 rubles.

The amount of administrative fines is subject to credit to the budget of the city of Moscow or to the budgets of intra-city municipalities in the city of Moscow in the manner established by the law of the city of Moscow on the budget of the city of Moscow for the corresponding financial year.

Let us note that Moscow Law No. 45 (as follows from the preamble to this Law) establishes administrative liability for issues not included in the jurisdiction of the Russian Federation by the Code of Administrative Offenses of the Russian Federation, including for violation of the norms and rules provided for by laws and other regulatory legal acts of the city Moscow, regulatory legal acts of local governments in Moscow.

O. Berg

Journal expert

Signed for publication on February 10, 2014

Responsibility for failure to comply with legal requirements

The employer's activities in providing jobs to persons belonging to preferential categories are controlled by the Rostrudinspektsiya. Moreover, at the local level, the implementation of both all-Russian and regional standards and compliance with the rules of the corresponding level are checked. The government agency carries out planned and unscheduled activities.
In addition, he is obliged to respond to citizens’ requests related to violations of labor guarantees. Responsibility for violation of federal acts is provided for in the articles of the Code of Administrative Offenses (CAO). So. Violation of the deadlines for the provision of primary statistical reporting is punishable under Article 13.19. Its text contains information about penalties imposed on:

• officials in the amount of 10 to 20 thousand rubles;
• for organizations - from 20 to 70 thousand rubles.

Identification of a repeated violation will lead to an increase in punishment:

• officials are subject to a fine of 30 to 50 thousand rubles;
• legal entity - from 100 to 150 thousand rubles.

And Article 5.42 of the Code of Administrative Offenses regulates the punishment for refusal to employ a person with a disability in the amount of 5 to 10 thousand rubles. A sanction is imposed on the guilty official.

Download for viewing and printing:

Article 13.19. Failure to provide primary statistical data Code of the Russian Federation on Administrative Offenses

Article 5.42. Violation of the rights of persons with disabilities in the field of employment and employment Code of the Russian Federation on Administrative Offenses

Hint: the regional regulatory framework may contain other measures of influence on violators.

Responsibilities of the employer when hiring disabled people

The presence of a position on the staff list does not mean that the administration’s obligations end there. The fact is that the working conditions of a disabled person must clearly correspond to his rehabilitation card and the ITU findings. Must be taken into account:

• contraindications established by a medical report;
• actual loads during labor functions;
• living and working conditions (special stairs, platforms, lifts, tools and equipment adapted for the work of a disabled person);
• absence of harmful or dangerous production factors;
• the possibility of shortened working hours, additional rest without reducing the level of wages;
• the possibility of retraining disabled people in specialties where they can realize their labor potential;
• other social benefits determined by local documents and collective agreement.

It should be noted that the activities specified in the rehabilitation card must be carried out by the employer, even if another agreement is reached between him and the employee, supported by a personal statement from the worker.

Remember, the work functions of a disabled person must be planned in such a way as to restore (strengthen) his body after the end of the illness.

Who can count on employment quota?

Quotas are an opportunity for employment by people who, for one reason or another, find it difficult to do so. This helps to implement state support for socially vulnerable segments of the population - providing them with a normal life.

A striking example of the difficulty of employing a disabled person of group 2, in this case the employer will have to: at his own expense:

1. Provide special, often easier working conditions.
2. Create social guarantees.
3. Make a shorter work day and/or week.
4. Provide additional rest and opportunities for recovery.

Other categories that find it difficult to get a job include:

• Orphans.
• Graduates of closed special schools.
• Graduates of universities and colleges with no experience.

Important! In order for these categories to start working at the proper level, the companies that hire them need to provide certain conditions or training; naturally, with an experienced employee who does not have a disability group, they do not experience such difficulties.

It is precisely these categories that are subject to quotas, which helps them start or continue their career path.

How can a company officially join the program?

During the month that has passed since the registration of the enterprise (or individual entrepreneur) with the tax office, you need to register with the Job Quota Center. It is he who regulates the extent to which the employer complies with the law. Failure to register in a timely manner will result in fines, and its absence does not exempt you from complying with the law.

To register, you need the following documents:

• A copy of the state registration certificate.
• A copy of the charter.
• A copy of the tax registration certificate.
• Information letter about registration in the Unified State Register.
• Data on the number of employees on staff.

Registration is necessary even if there are fewer than 35 employees on staff: over time, the enterprise may grow.

After all the necessary documents have been provided, you need to obtain a registration number and, when preparing quarterly reports, take into account that you will have to report to the Center as regularly as to the tax office.