Granting quota workplaces for disabled people

LEGAL DIGEST \ 20.11.2019

An individual who is disabled applied to a company for employment in a quota workplace. However, he was denied employment. The candidate decided to contest the decision and went to court.

The courts of the first and second instances did not see any violations on the part of the company. However, in its Ruling No. 33-KG19-6 dated 30 September 2019 the Supreme Court pointed out that it is an obligation of employers to create quota workplaces and to establish special working conditions taking into account the disability of an individual. Moreover, the court has stated that, “The unavailability of special workplaces does not constitute a ground for denying employment to a disabled individual as provided for by the quota”. Subsequently, the case was submitted for new consideration.

Please be reminded that a quota means a minimum number of workplaces of the total headcount for employing disabled people. It amounts to:

• 2 to 4%% (with a headcount of over 100 people);
• not more than 3% (with  headcount ranging from 35 to 100 people).

Based on the established quotas, companies will:

• determine the number of workplaces for disabled people and the procedure for allocating such workplaces in an internal regulation (such as a Regulation on assigning quotas of workplaces to disabled people), with it being possible to document a specific number of such workplaces by separate corporate orders;
• create working conditions in accordance with an individual programme for the rehabilitation or habilitation of a disabled person;
• submit information regarding compliance with disabled job quotas to the Employment Centre on a monthly basis.

A workplace quota mechanism, the quota size, employers’ obligations, and the deadline for and form of reporting to an employment centre can be set at the regional level. In such a case, we recommend examining in detail the legislation of the Russian constituent entity where the company is located. At present, the following regional quotas have been established for companies:

– 2% in Moscow; and

– 2.5% in St Petersburg.

Please be reminded that if employment rights of disabled people are violated, an employer can be held liable under administrative legislation. The liability will depend on the grounds for sanctions.

Please contact Acsour’s experts on issues concerning the employment of disabled people.