What is job quotas?
Job quotas mean the allocation of a certain number of places to work for citizens belonging to weakly protected categories. They need social protection from the state.
According to the Federal Law of November 24, 1995 No. 181-FZ On the social protection of people with disabilities in the Russian Federation, enterprises with more than 100 employees are required to provide places for work for people with disabilities. Such places can be newly created or allocated from existing places.
The quota size is set at the regional level, but the minimum and maximum values have been approved: no less than 2% and no more than 4% of the total number of employees.
If the number of employees at the enterprise is less than 100 people, but more than 35, the regional law may determine a quota of places to work for people with disabilities, but its size should not exceed 3% of the total number of employees.
When determining the size of the quota, the number of employees who perform labor functions in conditions that are harmful or hazardous to health is not taken into account. In relation to other citizens in need of social protection, quotas are also established at the level of constituent entities of the Russian Federation by relevant laws.
Watch the video. In Russia, a law on job quotas for people with disabilities came into force:
What it is
Job quotas are the allocation of a minimum number of jobs in organizations for the hiring of citizens who especially need social protection and have difficulty finding work: people with disabilities and some other categories.
Federal Law No. 181-FZ of November 24, 1995 “On the social protection of disabled people in the Russian Federation” provides for the obligation of organizations with more than 100 employees to create or allocate jobs for the employment of disabled people. The size of such a quota is determined by the legislation of the constituent entity of the Russian Federation and can be no less than 2 and no more than 4 percent of the average number of employees. For employers whose number of employees ranges from 35 to 100 people, the legislation of a constituent entity of the Russian Federation may also establish a quota for hiring disabled people in an amount not exceeding 3 percent of the average number of employees.
Currently, when calculating the size of the quota for hiring disabled people, the average number of employees is not included in the average number of employees whose working conditions are classified as harmful and dangerous.
Quotas for employment of other categories of citizens, as well as the categories of persons themselves who, in the opinion of local authorities, need special social protection, are established by regional laws.
Report submission form
Federal Law No. 1032-1 of April 19, 1991 On Employment in the Russian Federation obliges employers to provide monthly reports to the Employment Center on places to work for disabled people that have been equipped or newly created within the established quota. They are also required to report on regulations in force at the local level and confirming information about such workplaces.
At the federal level, it is not legally defined in what form the report on quotas for places to work for persons with disabilities should be submitted. At the same time, at the level of the constituent entities of the Russian Federation there are regional laws that regulate these issues in more detail.
The employer can obtain information on the CZN website on how to draw up and where to submit the report. In Moscow, for example, there is a Quota Center specially created for this purpose. It is also acceptable to submit a report in electronic format on the official website of the Employment Center.
Form and deadlines for submitting the report
In accordance with Federal Law 04/19/1991 No. 1032-1 “On Employment in the Russian Federation”, employers are required to provide monthly information to employment service authorities about jobs created or allocated for the employment of people with disabilities in accordance with the established quota, including information about local regulations , containing information about these jobs, fulfillment of the quota for hiring disabled people.
The form for providing such a report is not established by federal law.
Specific deadlines for the provision of information, as well as reporting forms, are established by the regional law on quotas or a legal act adopted on its basis by the executive body of state power of the subject of the Federation in the field of labor and employment.
Currently, laws on job quotas have been adopted in almost all constituent entities of the Russian Federation.
Therefore, you can get the quota report form, as well as a sample of how to fill it out, from the employment service at the location of your organization or download it from the official website of the regional labor authority. As a rule, the reporting form is accompanied by instructions for employers on how to fill it out. There you can also find out exactly where and in what form the report should be sent. For example, a special “Quotation Center” has been created in Moscow. Also in the capital and in some other regions, a report to the employment service can be sent online through the interactive portal of the employment service.
Quota report form
How to write a report
report on job quotas for disabled people free in word format
According to paragraph 3 of Art. 25 of Federal Law No. 1032, employers are required to send monthly or quarterly reports to the Employment Center on the fulfillment of duties regarding job quotas.
The procedure for providing information and the form of the report itself are determined by the Employment Centers of specific constituent entities of the Russian Federation.
Please note! The report must include the following information:
- The name of the organization and its address,
- Information from local regulations,
- Number of employees
- How many places have been specially created or converted for disabled workers,
- Vacancies for disabled people,
- Specialty, qualification,
- Education and work experience,
- In what mode are labor functions carried out (rotation work, free or shift schedules, standard),
- What type of work is it: seasonal work, part-time work, full-time work,
- Wage,
- How many hours is a working day?
- Social guarantees.
Subjects of the Russian Federation have the right to independently establish other obligations for the employer at the regional level. For example, in Moscow, legal entities are required to register with the Quota Center, to which the relevant reports are sent. Registration is required within a month after the state registration of the organization.
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Responsibility for failure to provide information to the central control center
According to Part 1 of Article 5.42 of the Code of Administrative Offenses of the Russian Federation, if the employer fails to fulfill the obligation to create jobs for people with disabilities in accordance with the approved quota, he is subject to an administrative fine of up to 10,000 rubles. A similar sanction applies to employers who illegally refused to hire a disabled person within the quota.
Article 5.42 of the Code of Administrative Offenses does not establish liability if the employer does not provide information about quotas to the Employment Center.
Thus, if the employer fulfilled the quota obligation, but did not submit a report, administrative liability is not allowed. This is the position of the Supreme Court of the Russian Federation.
At the same time, labor and employment authorities at the regional level have the right to exercise control and supervision over the provision of disabled people with jobs, so they carry out on-site inspections and issue orders to eliminate identified violations. For this reason, it is recommended to promptly send reports on the fulfillment of quota obligations to the Employment Center.
Employee rights in case of delay in payment of wages.
Quotas of jobs for employing people with disabilities
Home / For employers / Job quotas for people with disabilities
Quoting jobs for disabled people means reserving them for hiring disabled people.
The obligation to quota jobs is established by Law No. 181-FZ of November 24, 1995 “On the social protection of disabled people in the Russian Federation.”
A quota is the minimum number of jobs for which an organization must employ disabled people.
When calculating the quota for the average number of employees, employees whose working conditions are classified as harmful and (or) dangerous working conditions based on the results of certification of workplaces for working conditions or the results of a special assessment of working conditions are not included.
In the Perm Territory, the quota for the employment of disabled people for employers whose number of employees exceeds 50 people is set at 2% of the average number of employees (Law of the Perm Region dated November 5, 2004 No. 1609-344 “On quotas of jobs for citizens experiencing difficulties in finding work ").
In accordance with Article 25 of the Law of the Russian Federation of April 19, 1991 No. 1032-1 “On Employment of the Population in the Russian Federation,” employers are required to provide monthly information to the Central Employment Center on the fulfillment of the quota for the employment of disabled people, including information on local regulations containing information about created or allocated workplaces for the employment of disabled people in accordance with the established quota for hiring disabled people. In the Perm Territory, the Law of the Perm Region sets the deadline for submitting information on quotas until the 10th day of the month following the reporting month, and a form for submitting information has been approved (in the appendix).
The Employment Service proposes the following measures to fulfill the employment quota for people with disabilities:
1. Conduct an analysis of the organization’s employees for the presence of disabilities. Employees do not always provide this information to their employer for a number of personal reasons.
2. Conduct an analysis of the vacancies available in the organization with a view to setting quotas for the employment of people with disabilities.
3. In the absence of the required number of working disabled people and vacancies, make changes to the staffing table in terms of introducing additional units (employment of disabled people who have indications for work is possible: no more than 4 hours at 0.5 rate)
4. Submit to the Central Employment Center or in your personal account on the “Work in Russia” portal information about the availability of vacancies quotated for the admission of disabled people.
5. Conclude a lease agreement for workplaces for the employment of disabled people.
What is a lease agreement? Renting a workplace from another employer means the provision by an employer of workplaces for disabled people, including special ones, to another employer for temporary possession and use for a rent on the basis of a lease agreement. This method seems to be one of the most effective methods of protecting the interests of people with disabilities and respecting the economic interests of the employer. An employer can contact an organization that employs disabled people and, therefore, has specially equipped workplaces to rent them in order to fulfill the quota.
Who can I rent a workplace from? As a matter of priority, workplace lease agreements are concluded with public associations of people with disabilities or specialized enterprises, which, through such cooperation, expand the scope of their activities. In this case, people with disabilities can effectively carry out the work assigned to them in appropriately equipped workplaces and receive remuneration from the funds of the tenant organization.
What does the employer pay for? The employer reimburses the costs of paying wages to the employee in an amount not lower than the minimum wage and mandatory contributions to extra-budgetary funds.
We inform employers of the Perm Territory that from June 1, 2021, the Law of the Perm Territory dated December 7, 2020 No. 584-PK On amendments to the Law “On quotas for jobs for citizens experiencing difficulties in finding work” comes into force. According to the changes, the quota for the employment of disabled people will be considered fulfilled if all jobs created, allocated against the established quota and (or) rented from another employer under the terms of a workplace lease agreement are employed by disabled people who have formalized relations with the employer in accordance with labor legislation Russian Federation. In case of release of a workplace created and allocated against the established quota, the quota for the employment of disabled people must be fulfilled no later than 6 months from the date of release of the workplace.
Where can I find a disabled candidate for employment?
Through your personal account on the “Work in Russia” portal.
- Register on the laborvsem.ru portal as an employer.
- Search for candidates according to the filter.
- View candidates' resumes.
- Respond to the resume and invite the candidate for an interview through the means of communication specified in the resume.
Employer's responsibility:
- Failure by the employer to fulfill the obligation to create or allocate jobs for employing disabled people in accordance with the established quota for hiring disabled people, as well as the employer’s refusal to hire a disabled person within the established quota shall entail the imposition of an administrative fine on officials in the amount of 5 thousand to 10 thousand rubles (Article 5.42 of the Code of the Russian Federation on Administrative Offences).
- Failure to provide information (information) entails a warning or the imposition of an administrative fine on citizens in the amount of from 100 to 300 rubles; for officials - from 300 to 500 rubles; for legal entities - from 3 thousand to 5 thousand rubles (Article 19.7 of the Code of the Russian Federation on Administrative Offenses)
Form for submitting information about quota-based jobs for people with disabilities (doc, 35 Kb)
Should an organization fill its own quota?
The employer has the responsibility to create a quota for disabled people, but he is not obliged to fill it. The quota is considered fulfilled if the employee performed labor functions in the organization during the period determined by the law of the relevant subject of the Russian Federation.
In particular, for residents of Moscow this period is 15 days a month, and for residents of Karelia 3 months a year. If the corresponding number of places within the quota were allocated but were not occupied, the employer cannot be held administratively liable on this basis. Employment service employees search for candidates independently.
Watch the video. Checks and control of job quotas:
