The Ministry of Labor and Protection of the Russian Federation has prepared a bill clarifying the procedure for bringing companies to administrative responsibility for failure to meet quotas for people with disabilities.
If the bill is approved by the Government of the Russian Federation, then the employer’s obligation to allocate jobs for people with disabilities within the established quota must be respected by the fact of his employment. Only in this case the quota can be considered fulfilled. In extreme cases, the company will be held administratively liable in the form of a fine in the amount of 5,000 - 10,000 rubles.
We remind you that the quota recognizes the minimum number of positions for employing people with disabilities from the average number of employees. Its size is:
from 2 to 4 percent (with more than 100 employees);
no more than 3 percent (with a number of employees from 35 to 100 people).
Based on the established quotas of the organization:
determines the number of jobs for people with disabilities and establishes the procedure for their allocation in a local regulatory act (for example, in the Regulations on quotas for jobs for people with disabilities). In this case, a specific number of such places can be issued by separate orders;
creates working conditions in accordance with the individual rehabilitation or habilitation program for a disabled person;
provides monthly information to the employment center about the fulfillment of the disabled person's quotas.
The mechanism for quotas for jobs, the size of the quota, the responsibilities of employers, as well as the period and form of reporting to the employment center can be fixed at the regional level. In this case, it is recommended to study in detail the legislation of the constituent entity of the Russian Federation in which the company is located.
Currently, the following regional quota sizes are established for companies:
Moscow – 2 percent;
Saint-Petersburg – 2,5 percent.
In case of violation of the rights of persons with disabilities in the field of employment and employment, the employer may be held administratively liable. The scope of liability depends on the basis for punishment.
Grounds for punishment
Responsibility
Refusal to employ a disabled person within the established quota
Administrative liability (Article 5.42 of the Code of Administrative Offenses of the Russian Federation):
- for officials - a fine in the amount of 5,000 - 10,000 rubles.
Failure to submit or untimely (incomplete, distorted) submission of necessary information to the employment service authorities
Administrative liability (Article 19.7 of the Code of Administrative Offenses of the Russian Federation):
- for legal entities - a fine in the amount of 3,000 - 5,000 rubles;
- for officials - a fine of 300 - 500 rubles.
Currently, there is no obligation to employ people with disabilities, but if the law comes into force, from September 1, 2024, this will be one of the new requirements.
If you have any questions regarding the employment of people with disabilities, contact Acsour experts.