Disabled people are one of the unprotected categories of citizens due to limitations in life activities due to certain health disorders (mental, physical) that limit their functions. Currently, legislation regulates the implementation of the working abilities of disabled people. According to the Labor Code of the Russian Federation, employers are required to provide benefits and create special working conditions. In general, only 25% of disabled people of working age work in the country; it is planned to attract 50% of disabled people to work by 2021. Let us consider the possibility of work for disabled people of group 1, which is the most difficult.
People with disabilities are full members of society and make a significant contribution to the socio-economic life of our country.
Chairman of VOI M. Terentyev
Regulatory regulation of providing work to people with disabilities
Due to health limitations, it is difficult for disabled people to realize their ability to work, especially disabled people of group 1, but legislation provides benefits. The main acts regulating the work activities of disabled people are:
| Act | Regulation |
| "Constitution of the Russian Federation" | opportunity to realize your work |
| Labor Code of the Russian Federation | protection of disabled people as labor resources |
| Tax Code of the Russian Federation, part 2 | Art. 218 Standard Tax Deduction for Persons with Disabilities |
| Resolution dated February 20, 2006 N 95 | recognition of citizens as disabled |
| Order dated November 24, 2010 N 1031n | documents confirming disability |
| Decree of 02.10.1992 N 1157 | measures to support people with disabilities |
| By order of October 15, 2012 No. 1921-r | assistance in employment and professional education for people with disabilities |
| Law of the Russian Federation of April 19, 1991 N 1032-1 | regulates employment of the population, incl. disabled people |
| Federal Law dated November 24, 1995 N 181-FZ | requirement for employers to establish quotas for the employment of disabled people |
| Order dated November 9, 2017 N 777 | Discrimination against people with disabilities by employers |
| Local acts of organizations | setting quotas for people with disabilities |
Who determines whether a disabled person can work?
The determination of the disability group is carried out by specialists from the Bureau of Medical and Social Expertise (MSE). After a person has gone through all the doctors, his situation is examined in detail. Recognition of a specific disability group is possible if 2 of the 3 following factors are met:
- partial or complete loss of vital functions;
- complete or partial inability to care for oneself, to communicate with people (the person cannot communicate, is disoriented or cannot control himself);
- the need to receive medical care and rehabilitation measures.
Disability is not always assigned due to some kind of physical injury.
The reason for assigning one or another group can even be a mental illness that has led to a person’s inability to live independently and control himself. The decision on disability is made collectively. The result is the establishment of a specific group. An individual rehabilitation program (IRP) for a disabled person must also be drawn up. According to Art. 11 of Federal Law No. 181-FZ of November 24, 1995, it includes not only medical and rehabilitation measures, but also professional measures.
IPR is a program that is obligated not only by authorities and budgetary institutions, but also by organizations if they employ a person with a disability.
In the IPR, much attention is paid to the issue of professional support measures. So, if a person is partially able to work, then the program prescribes labor restrictions, as well as a list of professions for which the person is not eligible. Moreover, here they proceed more from the fact that a person does not harm his health or worsen his well-being.
Link to document: “On social protection of disabled people in the Russian Federation”
Grounds for providing a workplace as a disabled person
For the purpose of employment or continued work of citizens as disabled people, it is necessary to confirm the fact of disability with a certificate from the ITU bureau, which has the right to establish disability. The operating procedure of the ITU Bureau is regulated by Order No. 310n dated October 11, 2012. Individuals who have disabilities, health problems and need certain protection and rehabilitation can be referred to MSA. A referral to MSE is issued using a unified form N 088/u-06 in accordance with Order No. 77 dated January 31, 2007. The fact of disability is confirmed by a certificate, the form of which is approved by Order No. 1031n dated November 24, 2010. Depending on the restrictions, the bureau assigns one of 3 disability groups and the “disabled child” category for a specific period: 1, 2 years or indefinitely. For group 1, disability is established for 2 years; after this period, you need to undergo re-examination at the ITU bureau. Bureau specialists, based on the results of the examination, are developing a second document for a disabled person - IPRA in the form approved by Order No. 486n dated June 13, 2017, which defines procedures for restoring vital functions, and also recommends working conditions that are the basis for the employer when creating working conditions for disabled people 1 groups .
2nd group
Disabled people in this group are most often recognized as partially able to work, since their health impairments, although noticeable, are not as serious as compared to group I.
Disability group II in 2021 can be established if:
- Cardiovascular diseases;
- Central nervous system disorders;
- Deviations in the functioning of the hearing or visual apparatus, etc.
Group II can be considered labor, unless a disabled person is recognized by a medical certificate as completely incapacitated for work.
Most likely, for such an employee it will also be necessary to specially arrange the workplace depending on the recommendations of the medical institution (for example, for a disabled person of group II with cardiovascular disease, ensure that his place of work is free from direct sunlight).
This category of disabled people is also assigned a working time not exceeding 35 hours per week; they are prohibited from being sent to overtime work.
Group II disabled people are also provided with an additional two-month unpaid leave.
The wages of disabled people of group II with reduced working hours cannot be less than that of workers working 40 hours. during the week.
Group II disabled people are assigned a pension in the amount of 5,180 rubles. In addition, the unemployed are paid FSD.
Other benefits for disabled people of group II:
- Provision of medicines (or 50% discount on medicines if a group II disabled person is employed);
- Discounts on housing and communal services;
- The right to free travel in public transport;
- Payment for travel to the sanatorium/dispensary once a year;
- Exemption from the obligation to pay property tax for individuals, etc.
Basis for determining the ability to work for disabled people of group 1
Previously, groups 1 and 2 were divided into non-working and working, which was reflected in the certificate with a special mark and it was not possible for a disabled person to find a job if he had a mark on the non-working group. Now there is no such division, but the degrees of physical and psychological disorders are distinguished according to 7 main categories of capabilities and abilities:
- to work
- control your behavior
- self-service
- orientation
- to training
- communication skills
- to move independently
All these categories of a disabled person's condition are assessed by degrees. The IPRA reflects the degree of disability of a disabled person based on an assessment of deviations from the norms of a certain age of biological development. Violations depend on diseases, injuries, etc. and are determined as percentages. There are 4 degrees of violations:
| Degree | Range, % | Violations |
| I | 10-30 | minor |
| II | 40-60 | persistent moderate |
| III | 70-80 | persistent expressed |
| IV | 90-100 | persistent, significantly pronounced |
ITU determines violations in accordance with regulations. The category of life activity of a disabled person, which is important for the employer (which pays special attention to), includes the ability to work. In this category, there are 3 degrees of restrictions on the ability to work:
- under normal working conditions
- in specially created conditions
- elementary with significant help from other persons or contraindication of work
3rd working disability group
Group 3 disability will be available to persons with persistent, but not critical, health impairment. It is assigned to a person for a period of no more than 1 year with further revision. Diseases of the 3rd group include pathologies of the nervous, cardiovascular systems, and musculoskeletal system. It can be given, for example, to a person suffering from asthma, rheumatoid arthritis, hypertension and other ailments.
Disabled people perform simple household chores and take care of themselves without any problems; they have a “residual” ability to work, so this category is considered a working disability group in Russia. It is necessary to clarify that such persons are guaranteed favorable working conditions. For example, if a person previously worked on the night shift, then he can be transferred (if he wishes) to a position in which he can perform duties during the daytime.
Disabled people are entitled to financial assistance on behalf of the state; they are provided with free medicines, crutches, a wheelchair, etc. If a person is unemployed, then he can pay only half of their cost for some pharmacological drugs and medical prescription products. You are allowed to use public transport without paying for the fare.
Based on the results of the review, MSEC extends or removes disability, and if the patient’s health status changes (deterioration or improvement), it can change the group. If the patient is on an old-age pension, permanent disability of group 3 may be indicated.
Thus, to obtain a disability group there must be objective reasons. The applicant is obliged to provide the special commission with a complete package of documents (their list is provided above). The latter are official confirmation of the fact of disability, the need for financial assistance, and all possible protection from the state.
Reflection of the ability to work for disabled people of group 1 in documents
This information is indicated in the IPRA and the working conditions for a disabled person are based on it. The employee has the right not to present IPRA, because the program is advisory in nature and the disabled person is responsible for his own health, which relieves the employer of liability, which must be confirmed by a statement from the employee. A disabled person of group 1 often has limitations of degrees 3 and 2.
If a disabled person can work, this is reflected in the documents as disabled. For a disabled person of group 1, the definition of functions is based on the characteristics of the medical professional. workers with serious violations. Group 1 is assigned to persons who have serious illnesses and whose function is characterized by degree 3, which limits, but does not exclude, their ability to work. Inability to work will occur if all 7 categories are grade 3.
Who is given 1st disability group in Russia
More than 60% of the country's population has serious health problems. Disability is determined based on the results of a medical and social examination (MSE). The composition of the commission for assessing the patient’s condition depends on the diagnoses. Some diseases for which disability group 1 is established:
- serious impairment of motor function (amputation of legs, arms, 3-4 fingers on both hands);
- mental disorders (schizophrenia, mental retardation);
- hemorrhagic diathesis, chronic myeloid leukemia;
- loss of hearing, vision, touch;
- progressive cancer tumors with metastases;
- complete paralysis after a stroke.
An example of providing work to a disabled person
If a disabled person of group 1 with psychological disabilities (cannot control behavior) can navigate and move, then he can be provided with physical work by creating an appropriate workplace if such a disabled person wants to work and receive appropriate remuneration for his work.
If a group 1 disabled person does not have a leg, then he cannot work physically, but he has not lost his intellectual functions and he can be given mental work, for example, with a computer, as an operator, etc.
Documents establishing the ability to work for disabled people of group 1
A document confirming disability is an ITU certificate, which indicates: the group, term and date of re-examination. If the certificate indicates group I and the ability to work is 3rd degree, then he will not be able to work further. The contract with him is terminated on the basis of inability to work (clause 5 of Article 83 of the Labor Code of the Russian Federation). If an employer has questions, you can contact ITU for clarification, because The act contains all the information about the disabled person.
The document that determines the ability to work for a disabled person of group 1 is IPRA , which precisely defines the opportunity to work and what kind of activity, as well as: what climatic and technical conditions he needs to create, how to equip the workplace and premises.
Labor restrictions and labor benefits
For people with the first group of disabilities, there are certain standards regarding shift schedules and pay. They work a shortened work week - 35 hours instead of 40 - and receive a full salary.
Important. If individual rules specify a working minimum of less than 35 hours per week, then wages are calculated at the full rate.
Social support for physically disabled citizens in work activities consists of the following preferences:
- monthly pension;
- free medicines or reduced prices;
- free prosthetics;
- public transport without payment;
- annual free sanatorium-resort voucher;
- travel to the sanatorium at the expense of the state;
- benefits for utility bills;
- budget place at a university;
- extraordinary right to receive a land plot;
- tax benefits.
Citizens who have and have confirmed their disability have access to the listed benefits.
Providing jobs for people with disabilities
In order to protect people with disabilities, according to the federal law of November 24, 1995 N 181-FZ Art. 21 at enterprises (regardless of the form of ownership) quotas for hiring disabled people should be established in the amount of:
| Number of company employees, people. | Quota size, % |
| More than 100 | 2-4 |
| 35-100 | 3 |
The total number of employees does not include the number who work in hazardous or hazardous industries based on a special assessment.
Organizations setting quotas for disabled people record this in a local act (Regulations on quotas), where the number of places under the quota can not be reflected, but can be regulated when changes are made by orders (without taking into account the number of applications for hiring disabled people, but based on the share of the total number of employees). Compliance with the law is under the control of the employment service, where the employer submits monthly information about vacancies, local acts containing information about jobs under the quota, and the actual use of quotas. Registration of a disabled person for work under a quota is carried out in the same manner as for an employee who is not disabled. Only working conditions are stipulated in accordance with IPRA.
Also, disabled people can be given the opportunity to work remotely, i.e. outside the organization's workplace. When performing it, you do not need to be in the office if communication means are available. This type of work is more preferable, because it works in a comfortable environment and does not need to overcome the limitations of the environment. In this case, the employer does not bear the cost of equipping a special workplace. But in order to implement the law on quotas, it is necessary to create permanent places of work for people with disabilities, or the quota will not be fulfilled.
Should an employee with a disability tell their employer about it?
If the disabled person does not inform
In this case, the employer will not have to respond. He answers within the framework of the documents provided by the employee. If, upon hiring, an employee informed the human resources department that he has a disability, then the employer must ensure compliance with all guarantees provided for a disabled employee (shortened working hours, additional vacation days, etc.).
The list of documents that must be presented when applying for a job does not include a certificate of disability or IPR (the list is established by Part 1 of Article 65 of the Labor Code of the Russian Federation). Therefore, the decision as to whether or not to provide information about a disability rests with the employee. If the employee does not provide a certificate, then he works on a general basis under his own responsibility. The employee himself will not be persecuted. But when the employer begins to pay contributions to the Pension Fund for him and they find out about his employment, the size of his pension will decrease, he will no longer receive an allowance as a disabled person, however, if the pension is higher than the subsistence level, then such an allowance is not paid and the disabled person does nothing won't lose.
The pension fund, when identifying that an employee with group 1 is working, does not have the right to report this fact anywhere, including to the ITU bureau in order to lower the disability group, since they do not have the right to distribute the employee’s personal data. Otherwise, liability arises for the disclosure of personal data.
- Code of the Russian Federation on Administrative Offenses
- Article 13.14. Disclosure of Restricted Information
Disclosure of information to which access is limited by federal law (except for cases where disclosure of such information entails criminal liability) by a person who has gained access to such information in connection with the performance of official or professional duties, except for the cases provided for in Part 1 of Article 14.33 of this Code shall entail the imposition of an administrative fine on citizens in the amount of five hundred to one thousand rubles; for officials - from four thousand to five thousand rubles.
Also, the Pension Fund will not reduce the disability pension itself and the daily allowance, if we are talking about a social pension, but if it is an insurance pension, then they will immediately stop indexing it until the disabled person resigns.
You can also lose a social supplement to your pension (which is established if the pension is below the subsistence level), if one was assigned, but given the 1st group, it is unlikely that a disabled person will receive it.
If a disabled person reports
Report disability and submit the relevant documents, but refuse to implement your IPR and create special working conditions on the basis of paragraph. 7 tbsp. 11 of Law No. 181-FZ.
An individual rehabilitation program is of a recommendatory nature for a disabled person; he has the right to refuse one or another type, form and volume of rehabilitation measures, as well as the implementation of the program as a whole...
Refusal of a disabled person (or a person representing his interests) from an individual rehabilitation program as a whole or from the implementation of its individual parts releases the relevant state authorities, local governments, as well as organizations, regardless of organizational, legal forms and forms of ownership, from responsibility for its implementation.
That is, when applying for employment, write a statement addressed to the employer that the disabled person refuses to carry out IPR measures from the section of professional rehabilitation and refuses to create individual or special working conditions for him in the workplace. Thus, it relieves the employer from liability.
So, two options are to hide the fact of disability, which is quite legal, since when applying for a job this information is not required to be submitted, or, when submitting documents about disability, write a statement addressed to the employer that the disabled person refuses to create special working conditions for workplace and agrees to work as usual and under existing working conditions.
Therefore, there is no need to contact the ITU Bureau with a request to change the entry in the IPR.
Peculiarities of work activity of disabled workers
One of the important points of the Convention on the Rights of Persons with Disabilities is the observance of their labor rights. The employer must be based on IPRA , which is a guide for the employer in organizing workplaces, as well as the Labor Code of the Russian Federation:
| Article of the Labor Code of the Russian Federation | Benefits for disabled people of group 1 |
| 94 | Shift duration based on IPRA, within 35 hours with pay as for 40 |
| 96 | At night, with the permission of honey. conclusions with the consent of the disabled person in writing |
| 99 | For overtime work with medical permission. conclusion and with the consent of the disabled person in writing |
| 113 | On weekends and holidays, with medical permission. conclusion and with the consent of the disabled person in writing |
| 128 | Administrative leave for disabled people – up to 60 days a year |
| 124 | The employer is obliged (in relation to disabled people): – limit work in harmful and dangerous conditions – transfer disabled people according to IPRA to easier work – allocate time for breaks during working hours – create working conditions according to IPRA |
In addition to the benefits of the Labor Code of the Russian Federation, disabled people are provided with:
- vacation under Federal Law No. 181-FZ dated November 24, 1995 – 30 days.
- tax deduction under the Tax Code of the Russian Federation for oneself:
- 500 rubles – disabled people of groups 1 and 2 and disabled children
- 3000 rubles - disabled military veterans who became disabled of any group due to the performance of duties: from military personnel, in the event of an accident at the Mayak Production Association, the Chernobyl Nuclear Power Plant, at the Shelter facility
Ability to work with the described disability
A disabled person who has received the second group, in accordance with the laws of the Russian Federation, can find employment and work for an enterprise. A person with disabilities can work in an institution, but only under certain conditions. A disabled person can register at an enterprise only if this process does not harm his health. At the same time, when employed, a person with the second group has certain benefits, and the employer must pay the disabled person equally with other employees.
Registration of a disabled person for work
Refusal to hire based on disability is discrimination. The legislation provides quotas and standards for labor protection.
When applying for a job under a quota, a group 1 disabled person must provide an IPRA along with the main documents. If it does not indicate that he is not able to work, the employer must act in accordance with the program. If the wording of the requirements is in doubt, the employer can make a request to ITU for clarification.
If a disabled person is not registered under a quota, then he has the right to refuse to fulfill the IPRA by means of a written refusal of the program requirements, but he does not lose the right to benefits under the Labor Code of the Russian Federation in accordance with the provided certificate.
Important! An employee is obliged to inform the employer about a disability in the event that this may pose a threat to the life and health of both the disabled person and colleagues, as well as the safety of property.
Types of work accessible to disabled people
Despite the presence of physical limitations and the need for assistance with social adaptation, citizens with disabilities can work successfully and even be competitive. Let us recall that the state, based on the Constitution, which guarantees everyone the right to work, has developed a program. It allows a person with disabilities to choose a suitable field of activity and at the same time follow a rehabilitation plan. Plus, there are rules that allow disabled people to retrain if their physical capabilities do not allow them to do their previous job.
List of prof. areas that holders of disability groups can consider are presented in accordance with Resolution of the Ministry of Labor No. 150. These positions are designed to help disabled workers not only adapt to society, but also realize themselves professionally. Of course, the list provides for the availability of appropriate working conditions (ramp, handrails, etc.), the creation of which is the responsibility of employers.
Simply put, the program allows a disabled person to become:
- an archivist, librarian, clerk, master computer technology and other fields where mental abilities and organization are a priority, but not physical strength;
- a knitter, embroiderer, engraver, etc., where perseverance and creativity are assumed;
- auditor, watchman, dispatcher, inspector, controller, etc., that is, to be employed where attentiveness and scrupulousness are required;
- packer, packer, draftsman, stamper and more.
Answers to common questions
Question No. 1 : On what date should the dismissal of an employee recognized by the ITU as incapable of work be formalized, but he brought a certificate 10 days after the determination?
Answer : In this case, the dismissal order is issued on the day of presentation of the certificate of disability and recognition of complete inability to work. The employer's receipt of the documents should be recorded in the act with the actual date of receipt of the certificate. For the days worked, he must receive payment, compensation for vacation not taken, and severance pay in the amount of the average salary for 2 weeks.
Question No. 2 : What entry is made in the work book when dismissing a disabled person who is unable to work?
Answer : An entry must be made in the labor report that the contract was terminated due to the recognition of the employee as completely incapacitated in accordance with a medical report on the grounds of clause 5 of Part 1 of Art. 83 Labor Code of the Russian Federation. It is handed out on the day of expiration of the employment contract against signature; he also signs for familiarization with the order, in the personal card and in the book of accounting for the movement of labor books.
What documents are needed when employing a disabled person of the second group?
If a patient is hired with a disability group of 2, the following documents are required to be brought to the HR department:
- passport or other documents that confirm identity;
- medical insurance;
- SNILS;
- work book, if the person previously had one and worked at other enterprises;
- a certificate from the military committee, if the person is a person liable for military service;
- certificate of no criminal record;
- certificate of school, secondary or special education, other documents indicating completion of training in the specialty.
To determine whether a person with the second disability group is a worker or a non-worker, the employer may request other documents confirming his illness. This is necessary to provide working conditions.
The patient can submit the following documents:
- conclusion of a medical examination commission on granting a citizen a second degree disability;
- a rehabilitation program that explains what working conditions should be provided to the patient so as not to harm his health.
If a person does not want to show documents, he has the right to refuse the employer, since this is not provided for by the Labor Code. He can transfer them at will if he wants the working conditions to change in his favor.
Is it possible to change the degree of disability?
Many have encountered the fact that having a third degree disability does not allow a disabled person to get a job. In order to get a job, you need to change the restrictions to the second or third.
You can change from a non-working third group to a working second group at the ITU office based on a submitted application. If health conditions allow, the degree will be changed. But, do not forget that when withdrawing a degree, a citizen with disabilities will lose part of the payments due to him when he is not working.
In addition, in order to get a job, a disabled person of the 2nd group with a 3rd degree of limitation can contact the office with the ITU to draw up an IPR, where in the column defining the rehabilitation program the commission will indicate a recommendation for work in special conditions or Houses. This record will not be an obstacle to employment at the enterprise. However, not all ITU bureaus agree to change this entry in the IPR.
Please note: for employment, you can enter into a civil contract with the employer. This becomes possible, since legal relations in this case are not labor relations and are regulated by the Civil Code of the Russian Federation, which does not indicate restrictive measures.
How can formal employment affect your disability pension?
The legislation of the Russian Federation gives the right to employed citizens with disabilities to receive a disability pension.
A labor pension is assigned to citizens with the second group of disability, regardless of the moment when it occurred (at work, after termination of work, or before its onset). The required insurance period for granting a disability pension is minimal and its duration depends on the assigned group. If a disabled citizen continues to work, then every year, starting from August 1, the amount of the pension is automatically adjusted based on insurance contributions that are in an individual account with the Pension Fund. The amount for adjustment is calculated in an amount not exceeding 3 minimum wages (until 2021, the calculation was made from the total amount of contributions made).
A working citizen with a second group disability has the right to receive a social pension. Changes in employment may only affect the cancellation of part of the payments of regional subsidies and payments for housing and communal services.
Thus, it is possible for a disabled person with the second group to get a job; everything will depend on the degree of limitation. And if you can work with the 1st and 2nd degrees, then the 3rd degree is already recognized as non-working and you cannot officially work with it. When hired, a citizen with disabilities, upon presentation of the relevant documents (ITU certificate, IPR), receives benefits and special working conditions, which will depend on the recommendations specified in the rehabilitation program. In addition, a disabled worker has the right to receive a social pension, the amount of which is indexed annually.
* Payment amounts are current as of April 2021.
Degrees of disability
To more clearly differentiate the physical capabilities of a disabled person, the degrees of limitation are determined. These degrees are reflected both in the ITU certificate and in the IPR. Before determining the type of work activity, it is necessary to find out what degree the disabled person has and what restrictions it may have during work.
- The first degree is established for people with disabilities, for whom special conditions may not be provided. Contraindications may relate to work in a certain profession, lower qualifications or a decrease in the volume of work performed.
- In the second degree, special working conditions are created for employees, in accordance with the recommendations of the ITU certificate and the rehabilitation program for the disabled. It also indicates a list of prohibited professions for the work of a disabled person of the 2nd group. To organize an employee's workplace, special devices and equipment may be additionally required. When hiring such a disabled person, the employer is obliged to provide his workplace with the necessary equipment and create the required working conditions. A citizen has the right to voluntarily waive the conditions of the rehabilitation program in full or in part. The refusal of a disabled person leads to the fact that the employer loses further responsibility for observing the required working conditions for this citizen.
- The assignment of a third degree of restriction, according to the conclusion of the ITU commission, leads to a ban on the employment of a disabled person. An employer does not have the right to hire a citizen who has a document with this degree, since it is non-working. This goes against the Constitution of the Russian Federation, as it limits the rights of a citizen. On the other hand, the presence of deviations confirmed by the ITU commission during work can pose a potential threat not only to the work process, but also a danger to the health and life of a citizen with third degree restrictions, as well as to other employees of the enterprise.
