Degrees of restrictions on labor activity in different disability groups. The company plans to hire a disabled person (Sventikhovskaya O.V.) What does the ability to work mean first

Each organization may face a situation where its employee becomes disabled for any reason. What should the employer do in this case? Can such an employee continue to work or is he subject to dismissal? What conditions should the employer provide to such an employee? We will try to answer all these questions in this article.

First, let us recall that a disabled person is a person who has a health disorder with a persistent disorder of body functions due to diseases, the consequences of injuries or defects, leading to a limitation of life and causing the need for social protection (Article 1 of Law N 181-FZ). The recognition of a person as a disabled person is carried out by the federal institution of medical and social expertise. The procedure and conditions for recognizing a person as a disabled person are established by the Government of the Russian Federation, currently they are approved by Resolution No. 95 of February 20, 2006 (hereinafter - Procedure No. 95). According to clause 7 of this procedure, depending on the degree of disability caused by a persistent disorder of body functions resulting from diseases, the consequences of injuries or defects, a citizen recognized as disabled is assigned I, II or III disability group. Disability is determined by a medical and social examination (hereinafter referred to as ITU), which is carried out on the basis of a comprehensive assessment of the state of the body based on an analysis of clinical, functional, social, domestic, professional and labor, psychological data of the person being examined using classifications and criteria developed and approved in the order , determined by the federal executive body authorized by the Government of the Russian Federation (Article 7 of Law N 181-FZ).

Note! The decision of the institution of medical and social expertise is binding on the relevant state authorities, local governments, as well as organizations, regardless of organizational and legal forms and forms of ownership (Article 8 of Law N 181-FZ).

In accordance with paragraph 36 of Order No. 95, a citizen recognized as disabled is issued a certificate confirming the fact of the establishment of disability, indicating the group of disability, as well as an individual rehabilitation program. The procedure for drawing up and the form of a certificate and an individual rehabilitation program (hereinafter referred to as IPR) are approved by Order of the Ministry of Health and Social Development of the Russian Federation N 1031n.

From the above legislation, it follows that in order to confirm disability, an employee must provide the following documents:

- certificate of medical and social expertise. Having received a certificate of medical and social examination from the employee, the employer must check the correctness of its execution, in particular, the availability of all the necessary data. Pay special attention to the date the disability was established, its group, the period for which the disability was established, and the date of the next examination (if the disability was not established indefinitely);

Note! According to paragraph 9 of Order N 95, disability of group I is established for two years, II and III groups - for one year. At the next examination, an employee recognized as disabled receives a new certificate. However, he may not be recognized as disabled, or his disability group may be changed.

- an individual program for the rehabilitation of a disabled person. According to Art. 11 of Law N 181-FZ IPR of a disabled person - developed on the basis of a decision of an authorized body that manages federal institutions of medical and social expertise, a set of rehabilitation measures that are optimal for a disabled person, including certain types, forms, volumes, terms and procedures for the implementation of medical, professional and other rehabilitation measures aimed at restoring, compensating for impaired or lost functions of the body, restoring, compensating the ability of a disabled person to perform certain types of activities.

It should be noted that according to the provisions of Art. 11 of Law N 181-FZ, IPR is mandatory for execution by the relevant state authorities, local governments, as well as organizations (including employers), regardless of organizational and legal forms and forms of ownership. At the same time, the disabled employee himself may refuse the IPR as a whole or the sale of its individual parts. In this case, the employer is not responsible for its implementation (paragraph 7 of article 11 of Law N 181-FZ).

These documents contain mandatory data for the employer on the restrictions on work necessary for the employee.

Next, we will consider in detail the actions of the employer, depending on the disability group assigned to the employee. According to paragraphs. "g" clause 6 of the Classifications and criteria used in the implementation of medical and social examination of citizens by federal state institutions of medical and social examination, approved by Order of the Ministry of Health and Social Development of the Russian Federation of December 23, 2009 N 1013n (hereinafter - Order N 1013n), ability to work - ability to carry out labor activity in accordance with the requirements for the content, volume, quality and conditions of work performance - depends on the establishment of the degree:

- 1st degree - the ability to perform labor activities in normal working conditions with a decrease in qualifications, severity, tension and (or) a decrease in the volume of work, the inability to continue working in the main profession while maintaining the ability to perform labor activities of a lower qualification under normal working conditions;

- 2nd - the ability to perform labor activity in specially created conditions using auxiliary technical means;

- 3rd - the ability to perform labor activity with significant assistance from other persons or the impossibility (contraindication) of its implementation due to existing limitations of life.

Note! On March 27, 2012, the changes introduced by Order No. 60n to Order No. 1013n came into effect. According to these changes, the 3rd degree of restriction may indicate both the complete impossibility (contraindication) of performing work, and the ability to perform certain types of work with the help of other people. Previously, this degree meant that the worker could not work. Thus, if the employee is assigned the 3rd degree of restriction, the further actions of the employer will depend on the information specified in the IPR.

The employee was assigned the I group of disability (with the ability to work of the 3rd degree). This means that he is no longer able to work. Then the employer can terminate the employment contract on the grounds provided for in paragraph 5 of part 1 of Art. 83 of the Labor Code of the Russian Federation, - recognition of an employee as completely incapable of working in accordance with a medical certificate issued in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation. In this case, the employee is paid a severance pay in the amount of two weeks' earnings (Article 178 of the Labor Code of the Russian Federation).

The employee must be fired on the day the employer submits a certificate of disability, according to which the employee is recognized as incapable of work. The employer needs to draw up an order in the form T-8 or T-8a or arbitrary and familiarize the employee against signature. Here is a snippet of the dismissal order.

Order to terminate the employment contract

with an employee in connection with the recognition of his disability

In connection with the recognition of the employee as completely incapable of labor

Activities in accordance with a medical report (clause 5, part 1, article 83

──────────────────────────────

(grounds for termination (termination)

employment contract (dismissal))

Reason (document, number, date): certificate of disability

────────────────────────────────────

series ITU-2013 N 00133 dated 11/19/2013

────────────────────────────────────

(employee statement, memo,

medical report, etc.)

Supervisor

Organizations: Chief Physician Zaletneva E. G. Zaletneva

──────────── ──────────────── ─────────────────────

(position) (personal signature) (signature transcript)

The employee was familiarized with the order (instruction) on 11/20/2013. Zolotova

──────────────

(personal signature)

If a disabled worker can work, but only with the help of other persons, the employer should act in accordance with the recommendations in the IPR (for example, ensure the transition to home work).

The employee was assigned II or III disability group. If he does not want to work, then he must submit a letter of resignation of his own free will (Article 80 of the Labor Code of the Russian Federation), since he has a so-called working disability group. In this situation, it is possible to issue a dismissal by agreement of the parties (Article 78 of the Labor Code of the Russian Federation). There is no severance pay for such an employee.

If a disabled employee wishes to continue working, the employer should familiarize himself with the working conditions that are recommended to such an employee in an individual rehabilitation program. How the employer proceeds further depends on what exactly is indicated in the IPR. There are options here.

The conditions in which the employee worked before the onset of disability are fully consistent with the recommendations of the experts set out in the IPR. In this case, there is no need to change anything, the employee will perform the same work.

If the conditions in which the employee worked do not comply with the recommendations of the IPR, then in accordance with Art. 224 of the Labor Code of the Russian Federation, the employer is obliged to create working conditions for the disabled person in accordance with the individual rehabilitation program.

Note! According to Art. 23 of Law N 181-FZ, disabled people employed in organizations, regardless of organizational and legal forms and forms of ownership, are provided with the necessary working conditions in accordance with an individual program for the rehabilitation of a disabled person. At the same time, it is not allowed to establish in collective or individual labor contracts the working conditions of disabled people (wages, working hours and rest periods, the duration of annual and additional paid holidays, etc.), which worsen the situation of disabled people in comparison with other workers.

If, according to the recommendations of the IPR, a disabled employee is required to change working conditions without changing any terms of the employment contract, then the employer needs to reconsider the conditions in which he works, the ways of doing work, or reduce labor standards - production, service, if they are established.

Note. Currently, there are Hygienic requirements for working conditions for disabled people (Sanitary Rules SP 2.2.9.2510-09), approved by the Decree of the Chief State Sanitary Doctor of the Russian Federation dated May 18, 2009 N 30. These are mandatory requirements for working conditions, production processes, equipment, basic workplaces , working environment, raw materials, medical care and sanitary and domestic provision of working disabled people in order to protect their health.

If, according to the recommendations of the IPR, a disabled employee needs to change the terms of the employment contract (it may be necessary to transfer him to another job), then the employer must record all these changes in the employment contract.

According to Art. 73 of the Labor Code of the Russian Federation, an employee who needs to be transferred to another job in accordance with a medical report, the employer is obliged to transfer to another job he has that is not contraindicated for the employee for health reasons, but only with his written consent.

The proposal for the transfer, as well as the consent or disagreement of the employee, draw up arbitrarily. Usually, the employee fixes agreement or disagreement (refusal) on the proposal itself. Here is an example of a translation proposal.

Proposal No. 7

about transferring to another job

Dear Tatyana Nikolaevna!

In accordance with Part 1 of Art. 73 of the Labor Code of the Russian Federation, on the basis of a medical report of the ITU-2013 series N 123456 dated November 20, 2013 and the recommendations set out in the individual rehabilitation program for a disabled person dated November 20, 2013, you are subject to transfer to another job that is not contraindicated for you for health reasons. We inform you that you have the right to:

- to agree with the transfer to another job. Today there are the following vacancies: registrar - salary 4,500 rubles, laboratory assistant - salary 5,500 rubles. If you agree, you will be able to continue working in the organization on the terms determined by the agreement on changing the terms of the employment contract No. 23 / k of May 12, 2006, previously concluded with you;

- refuse to transfer to another job. In case of refusal, you are subject to dismissal in the manner provided for in paragraph 8 of part 1 of Art. 77 of the Labor Code of the Russian Federation.

Please note that when transferring an employee who, in accordance with a medical report, needs to be provided with another job, to another lower-paid job, this employer retains the average earnings from his previous job for one month from the date of transfer, and when transferring due to with a labor injury, occupational disease or other damage to health associated with work - until a permanent loss of professional ability to work is established or until the employee recovers.

If an employee who, in accordance with a medical report, needs a temporary transfer to another job for up to four months, refuses to transfer or the employer does not have a corresponding job, the employer is obliged to remove the employee from work for the entire period specified in the medical report while maintaining the place of work (position ). During the period of suspension from work, the employee’s salary is not accrued (with the exception of cases provided for by the Labor Code, other federal laws, a collective agreement, agreements, an employment contract).

If, in accordance with a medical report, an employee needs a temporary transfer to another job for a period of more than four months or a permanent transfer, then if he refuses to transfer or the employer does not have a suitable job, the employment contract is terminated under paragraph 8 of part 1 of Art. 77 of the Labor Code of the Russian Federation. Upon dismissal on the specified basis, it is necessary to pay the employee a severance pay in the amount of two weeks of average earnings (Article 178 of the Labor Code of the Russian Federation).

Note that an employment contract with the heads of organizations (branches, representative offices or other separate structural divisions), their deputies and chief accountants who, in accordance with a medical report, need temporary or permanent transfer to another job, if the transfer is refused or the employer does not have the appropriate work is also terminated under paragraph 8 of part 1 of Art. 77 of the Labor Code of the Russian Federation. At the same time, the employer has the right, with the written consent of these employees, not to terminate the employment contract with them, but to suspend them from work for a period determined by agreement of the parties. During the period of suspension from work, wages are not accrued to these employees, except for cases provided for by the Labor Code, other federal laws, a collective agreement, agreements, and an employment contract.

What are the benefits for an employee who has become disabled?

Labor legislation establishes benefits and guarantees for disabled employees:

- Reduced working hours. According to Art. 94 of the Labor Code of the Russian Federation, the duration of daily work (shift) for disabled people is established in accordance with a medical certificate issued in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation. However, it should be remembered that, regardless of the medical opinion, for workers who are disabled of group I or II, a reduced working time is established - no more than 35 hours per week (Article 92 of the Labor Code of the Russian Federation). Remember that the reduced working hours established by law for disabled workers is a full standard of work for them and therefore does not entail a reduction in wages. Employees for whom the legislation establishes a reduced working time, subject to the preservation of wages in full, various bonuses of a stimulating nature must also be paid in full. Such clarifications are presented in the letters of the Federal Tax Service of the Russian Federation dated August 31, 2010 N ShS-37-3 / [email protected], Ministry of Health and Social Development of the Russian Federation of 11.05.2006 N 12918 / MZ-14;

- Restriction of work at night. According to Art. 96 of the Labor Code of the Russian Federation, disabled people can be involved in night work only with their written consent and provided that such work is not prohibited to them for health reasons in accordance with a medical report. At the same time, these employees must be informed in writing of their right to refuse to work at night;

- limitation of overtime work. By virtue of Art. 99 of the Labor Code of the Russian Federation, the involvement of disabled people in overtime work is allowed only with their written consent and provided that this is not prohibited by them for health reasons in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation. In addition, persons with disabilities must be familiarized with their right to refuse overtime work against signature;

- Restriction of work on weekends and non-working holidays. The involvement of disabled people on these days is carried out only with their written consent and provided that such work is not prohibited to them for health reasons (Article 113 of the Labor Code of the Russian Federation);

- Extended annual leave. In accordance with Art. 115 of the Labor Code of the Russian Federation, the total duration of the annual basic paid leave is 28 calendar days. This article states that the annual basic paid leave lasting more than 28 calendar days (extended main leave) is provided to employees in accordance with the Labor Code and other federal laws. According to Art. 23 of Law N 181-FZ, disabled people are granted annual leave of at least 30 calendar days;

- additional leave without pay. Article 128 of the Labor Code of the Russian Federation provides that, for family reasons and other valid reasons, an employee, upon his written application, may be granted leave without pay, the duration of which is determined by agreement between the employee and the employer. However, this article establishes that the employer is obliged to working disabled people, on the basis of their written application, to provide leave without pay for up to 60 calendar days a year.

and in general, the employer looks at the IPR and follows these recommendations?

and in general the employer looks at the IPR

Employers rather look at a person and his professional abilities. Then they draw conclusions.

as for the ability to work - the first, how is it? the smallest cheli?

1 degree - the ability to perform labor activities in normal working conditions with a decrease in qualifications, severity, tension and (or) a decrease in the volume of work, the inability to continue working in the main profession while maintaining the ability to perform labor activities of a lower qualification under normal working conditions; This is from "Criteria9" More:

10. The criterion for determining the third group of disability is a violation of human health with a persistent moderate disorder of body functions, caused by diseases, the consequences of injuries or defects, ____ leading to a limitation of the ability to work of the first _____ degree or limitation of the following categories of life activity in their various combinations and causing the need for it social protection:

Well, in a nutshell, it’s unlikely to work, but I’ll try easier. If your work involves physical exertion, long walking, then you will be advised to limit or exclude these loads - lifting weights of no more than 5 kg, working in office conditions or conditions not related to long-distance walking. If you are a person of intellectual labor, then these will be restrictions on working hours, i.e. an additional day off per week or limiting the working day by one hour.

I can answer in more detail.

in a nutshell, it's easier

I have the 3rd group, the 1st degree. At first, I passed the commission every year, then they gave me an indefinite one. The personnel department told me to write that I can work in the specialty that I work now (weigher). When I was given an IPR, I asked them to write to me that I can work in this specialty, they wrote like that, added another profession pen and also wrote that it is contraindicated to be on my feet for a long time and physical activity. Although in winter you have to clean the snow quite a lot, but this is instead of physical exercises.

contraindications written in clumsy handwriting something about the work associated with walking.

The company plans to hire a disabled person (Sventikhovskaya O.V.)

Article placement date: 12/23/2014

As part of the quota, employers are required to hire disabled people. How are the disability group and the degree of limitation of the ability to work interrelated? What disability documents must an employee submit? What working conditions should he create and what benefits should he provide?

The quota is the minimum number of jobs for which disabled people must be accepted (Determination of the Supreme Court of the Russian Federation of May 11, 2011 N 92-G11-1).

The size of the quota is set in each subject of the Russian Federation. The fact of fulfillment of the quota confirms the existence of an employment contract, which was valid for at least 15 days in the current month. This is stated, for example, in paragraph 1 of part 3 of Art. 2 Law of the City of Moscow dated December 22, 2004 N 90.

A certificate confirming the fact of the establishment of disability, indicating the group of disability;

Individual rehabilitation program.

This is stated in paragraph 36 of the Procedure for recognizing a person as disabled, approved by Decree of the Government of the Russian Federation of February 20, 2006 N 95.

Reference. The form of the certificate of disability was approved by the Order of the Ministry of Health and Social Development of Russia dated November 24, 2010 N 1031n. The certificate indicates the group of disability.

rehabilitation program. The form of an individual rehabilitation program (IPR) is approved in Appendix N 1 to the Order of the Ministry of Health and Social Development of Russia dated 04.08.2008 N 379n.

The IPR, in particular, indicates the group of disability and the degree of limitation of the ability to work.

Please note: the concept of "disability group" is based on a general limitation of life activity caused by a violation of human health. This is a broad concept, including, in particular, the possibility of self-service for a disabled person.

For the employer, the degree of limitation of the ability to work is more important. In order to understand whether it is possible to hire a disabled person for work, you need to look at the IPR, what degree of restriction of the ability to work is established for the candidate.

Characteristics of the work that an employee with limited ability to work can perform

1st (minimal impairment of body functions)

An employee can perform work under normal working conditions, but with a decrease in qualifications, severity, tension and (or) a decrease in the volume of work.

The employee is unable to continue working in the main profession, but can perform lower-skilled work under normal working conditions

The employee can work in specially created conditions using auxiliary technical means

3rd (maximum violation of body functions)

An employee may work with significant assistance from others.

The employee is contraindicated in any work in connection with the existing limitations of life

Which disabled people can be hired

As for the 3rd degree, it is established by the most severe patients. A disabled person with the 3rd degree of disability, in which he is able to perform certain types of work with the help of other people, and there is such work in the company, can be hired. Employment is excluded only if the disabled person is assigned the 3rd degree due to the inability to work.

The fact of complete loss of professional ability to work must be recorded in the IPR. In paragraph 6 of the program, it should be written that the employee is completely incapable of working - just indicating the 3rd degree of limitation of the ability to work in this case is not enough.

Please note: in practice, the 3rd degree of restriction of the ability to work is established only in the event of a complete ban on work. This confirms the fact that vocational rehabilitation measures, which are part of the IRP, are developed only for people with disabilities who have 1st and 2nd degree limitations in their ability to work.

Refusal of the disabled person from the IPR as a whole or from the implementation of its individual parts:

Releases the employer from liability for its implementation;

Does not give the disabled person the right to receive compensation in the amount of the cost of rehabilitation activities provided free of charge.

This is stated in parts 5 and 7 of Art. 11 of Law N 181-FZ.

If the individual rehabilitation program does not contain a phrase about complete disability and the employee has refused in writing part of the rehabilitation measures or the entire program as a whole, we believe that the work of a disabled person in the organization is possible, both on a part-time basis and in the usual mode.

For disabled people of group III, reduced working hours are not provided for by law, therefore, the normal working hours for them are 40 hours a week (part 2 of article 91 of the Labor Code of the Russian Federation).

On the basis of a written application, the employer is obliged to provide a working disabled person with unpaid leave for up to 60 calendar days a year (part 2 of article 128 of the Labor Code of the Russian Federation).

Employees who became disabled as a result of the disaster at the Chernobyl nuclear power plant are provided with an additional paid leave of 14 calendar days (clause 5, article 14 of the Law of the Russian Federation of May 15, 1991 N 1244-1).

And disabled people from Chernobyl and military personnel who became disabled of groups I, II and III as a result of a wound received in the performance of military service duties are entitled to claim a deduction in the amount of 3,000 rubles. throughout the calendar year (paragraphs 3 and 15, paragraph 1, paragraph 1, article 218 of the Tax Code of the Russian Federation).

Please note: on the website e.zarp.ru you can get personal advice on settlements with employees.

There are no medical contraindications to the performance of harmful or heavy work of the 1st or 2nd class of hazard, provided that they are performed in a reduced working time mode;

Partially preserved professionally significant functions;

It is possible to partially or completely compensate for the lost professionally significant functions with the help of auxiliary technical means (for example, typhlotechnical, audiological), ergonomic adaptation of the workplace, adaptation of the technological process to the characteristics of the pathology of a disabled person, as well as with the help of other persons.

It is possible to involve disabled people of groups I and II with a 2nd degree of restriction to work if the employer, if necessary, can:

To take them to work with optimal and acceptable (1st and 2nd grade) working conditions;

Significantly reduce their working day;

Establish preferential production rates;

Introduce additional breaks;

Create a specially equipped workplace;

To allow partial or complete work at home, etc.

When hiring a disabled person, the company is obliged to ensure the working conditions specified in the section "Recommendations on contraindicated and available conditions and types of work" of the IPR (Article 224 of the Labor Code of the Russian Federation).

Or can work with considerable help from others;

Or any work is contraindicated for him.

It happens that work is contraindicated, but a disabled person can do something useful. If the company is interested in services that are feasible for him, it has the right to conclude a civil law contract with a disabled person. There is no prohibition on this in the Civil Code.

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An important condition for the normal life of a person in society is working capacity. This is an opportunity to perform professional duties without any restrictions. To identify deviations in the body that impede labor activity, a medical and social examination is carried out, classifying persistent violations in the body into several main categories, corresponding to the level of their severity. In this way, disability groups and the degree of restriction to labor activity are determined.

What is disability to work

The ability to work, in accordance with the Order of the Ministry of Labor and Social Protection of the Russian Federation dated December 17, 2015 No. 1024n “On the classifications and criteria used in the implementation of the medical and social examination of citizens by the Federal State Institutions of Medical and Social Expertise”, is determined by the employee’s ability to meet the criteria in terms of volume and content of the work.

People who cannot fully fulfill their labor duties to the full, after passing the relevant studies, are entitled to create special working conditions. The degree of disability is the level of deviation of a person's physical capabilities from existing norms determined by age.

The imperfections of a citizen as a full-fledged worker include:

1. Mental. Violations of perception of the world, memory and attention, control of emotions, etc.
2. Speech. Loss of the ability to verbal and non-verbal communication, including the inability to fully use oral and written speech (dysgraphia, stuttering, etc.).
3. Physical. Imperfections in the structure of the body, including external and internal deformities (deformity of the face or limbs, disproportions of body parts, etc.).
4. Functional. Disturbed work of systems and organs of the body (circulatory, immune, etc.).
5. Touch. Deviations of the organs of vision, hearing or smell (including exacerbation and dulling of sensitivity under the influence of external factors)

Note! In the presence of a disease included in the list, each person can apply to a medical institution to obtain the status of a disabled person. However, if the medical commission has doubts about the authenticity of the diagnosis, the patient may be required to undergo additional examinations and re-examination.

The law identifies three degrees of restriction to labor activity, each involves specific deviations from the norms of a healthy person:

1. Persistent disorders of the body caused by chronic diseases, congenital or life-long defects that interfere with normal work activity. They entail the loss of the ability to work in accordance with qualifications, however, they leave the opportunity for general working conditions with a decrease in the volume of production and the severity of labor by at least 2 times. A more rational option, provided for by law, is the transfer to activities of lower qualification, which entails the primitivization of labor and the discrepancy between the level of professionalism and job duties.
2. Violations in the functioning of systems and organs caused by congenital or acquired ailments or injuries. Labor activity is possible only with the availability of specialized technical means or with the help of third parties.
3. Significant persistent disorders of various etiologies, as a result of which working capacity is completely lost, including work with the use of auxiliary means and the involvement of third parties.

The assignment of a degree of restriction of labor activity also implies the appointment of one of the three groups of disability, however, an inverse relationship is not provided - disability is not necessarily accompanied by restrictions on work.

Restrictions on work activity for the 3rd disability group

Disabled people of the third group are more adapted to normal life, including work. Despite the fact that such citizens receive a pension, this does not mean that the employer has the right to refuse employment in positions that correspond to the health status of the applicant. In this part, the state provides support to the disabled, obliging organizations with a staff of 100 or more employees to employ at least 2% of citizens with limited working capacity.

Important! By law, it is possible to refuse a citizen who has a particular disability group if the level of his professional competence does not meet the general requirements or if there is no suitable vacancy at all.

If a conclusion on the third group of disability is received, it must specify the working conditions that the employer must comply with in relation to an employee with disabilities:

• Reduction of the working week (with special recommendations).
• During the week, working time is not more than 40 hours, and overtime work - only with the written consent of the disabled person.
• The exclusion of those types of work that are contraindicated for an employee with disabilities.
• Extension of vacation by 2 days in comparison with colleagues (instead of 28 - 30 days).
• No probationary period for employment.
• Unpaid leave up to 60 days per year.
• The right to conduct rehabilitation procedures during working hours (if any are described in the conclusion).

Note! The establishment of a 3rd disability group and a 3rd degree of restriction of labor activity in most cases entails complete disability and the assignment of a non-working disability group, but this does not deprive a citizen of the right to work if his condition is stable.

Disability of group 1 is established for a period of two years, 2 and 3 - for one year. In the event that the patient has a disease included in the list of irreversible ones, the status of a disabled person is established without a re-examination period.

Restrictions on work activity for group 2 disability

The second group of disability may be accompanied by all possible degrees of limitation, depending on the severity of the disease. At the same time, citizens with a 3rd degree can be recruited depending on their own wishes and under personal responsibility, since the creation of a fully equipped workplace is almost impossible.

• Reduction of the working week to 35 hours while maintaining the full amount of wages for the position held.
• The ban on overtime, including daily labor activity, despite the consent of the disabled person.
• Extension of paid vacation from 28 to 30 days.
• Provision of 60 calendar days of vacation at the expense of the employee with the preservation of his workplace.
• Passage of procedures for strengthening and maintaining health during working hours.
• The right to transfer the workplace to the home (if possible) or its technical equipment in accordance with the needs of the disabled person.

Note! The employer has the right to refuse to accept a disabled person of the third group in the state if the organization does not have a quota for the employment of citizens of this category or the possibility of fully equipping the workplace for an employee with disabilities.

Restrictions on work activity for disability group 1

Until recently, disability group 1 was completely non-working, but in 2020, citizens of this group have the right to employment. At the same time, the scope of activity is severely limited only by mental labor.

Note! Citizens who have been assigned 1 group of disability and 3 degree of restriction to labor activity have a note in the individual rehabilitation program about their inability to work. However, if the employer is interested in such an employee, and the disabled person has a desire to work, employment is not prohibited by law.

Options for working activities for disabled people of group 1 are considered from two positions: in the first case, the employer undertakes to arrange working conditions for an employee with a disability, in the second case, an employee with disabilities fills out an application for taking responsibility for his rehabilitation.

Working conditions for disabled people of the 1st group:

• Reduction of the working week to 35 hours with full payment of wages, the ability to work and less time with the calculation of remuneration based on hours worked.
• The right to refuse business trips, extra shifts and overtime work.
• Three calendar months of vacation, one of which is fully paid.
• Organization of the workplace in accordance with the restrictions imposed by the disease (voice control of devices, the presence of a ramp for a wheelchair user, the provision of an assistant, etc.)
• A strict ban on working with chemicals, biologically hazardous substances, with an increased level of vibration and noise or mental stress.

Summing up

If, during the passage of a medical examination, a patient is assigned one or another disability group with or without a degree of disability, this does not mean a complete loss of working capacity. At the same time, the individual rehabilitation plan (IPR) clearly defines the requirements for the workplace and the position held, which the employer must comply with.

The company plans to hire a disabled person (Sventikhovskaya O.V.)

Article placement date: 12/23/2014

As part of the quota, employers are required to hire disabled people. How are the disability group and the degree of limitation of the ability to work interrelated? What disability documents must an employee submit? What working conditions should he create and what benefits should he provide?

A disabled person is a person who has a health disorder with a persistent disorder of body functions. This leads to a limitation of life and causes the need for its social protection (Article 1 of the Federal Law of November 24, 1995 N 181-FZ "On the Social Protection of Disabled Persons in the Russian Federation", hereinafter - Law N 181-FZ).

What is the quota for hiring people with disabilities

Employers are obliged to create or allocate jobs for the employment of persons with disabilities and create favorable conditions for them to work. The number of jobs for which it is necessary to employ disabled people is determined in accordance with the quota (part 2 of article 24 of Law N 181-FZ).
The quota is the minimum number of jobs for which disabled people must be accepted (Determination of the Supreme Court of the Russian Federation of May 11, 2011 N 92-G11-1).
The size of the quota is set in each subject of the Russian Federation. The fact of fulfillment of the quota confirms the existence of an employment contract, which was valid for at least 15 days in the current month. This is stated, for example, in paragraph 1 of part 3 of Art. 2 Law of the City of Moscow dated December 22, 2004 N 90.

Documents confirming disability

A citizen recognized as disabled is issued:
- a certificate confirming the fact of the establishment of disability, indicating the group of disability;
- individual rehabilitation program.
This is stated in paragraph 36 of the Procedure for recognizing a person as disabled, approved by Decree of the Government of the Russian Federation of February 20, 2006 N 95.
Reference. The form of the certificate of disability was approved by the Order of the Ministry of Health and Social Development of Russia dated November 24, 2010 N 1031n. The certificate indicates the group of disability.
rehabilitation program. The form of an individual rehabilitation program (IPR) is approved in Appendix N 1 to the Order of the Ministry of Health and Social Development of Russia dated 04.08.2008 N 379n.
The IPR, in particular, indicates the group of disability and the degree of limitation of the ability to work.

Group of disability and degree of limitation of ability to work

Depending on the health disorder, disability group I, II or III is established (clause 8 of the Procedure approved by Order of the Ministry of Health and Social Development of Russia of November 24, 2010 N 1031n).
Please note: the concept of "disability group" is based on a general limitation of life activity caused by a violation of human health. This is a broad concept, including, in particular, the possibility of self-service for a disabled person.
For the employer, the degree of limitation of the ability to work is more important. In order to understand whether it is possible to hire a disabled person for work, you need to look at the IPR, what degree of restriction of the ability to work is established for the candidate.

Three degrees of limitation of the ability to work

Three degrees of limitation of the ability to work have been established. They are listed in the table.

Table

Degrees of limitation of the ability to work

Which disabled people can be hired

From the table, we can conclude that it is unambiguously possible to hire disabled people of groups I, II or III with 1st and 2nd degrees of ability to work.
As for the 3rd degree, it is established by the most severe patients. A disabled person with the 3rd degree of disability, in which he is able to perform certain types of work with the help of other people, and there is such work in the company, can be hired. Employment is excluded only if the disabled person is assigned the 3rd degree due to the inability to work.
The fact of complete loss of professional ability to work must be recorded in the IPR. In paragraph 6 of the program, it should be written that the employee is completely incapable of working - just indicating the 3rd degree of limitation of the ability to work in this case is not enough.
Please note: in practice, the 3rd degree of restriction of the ability to work is established only in the event of a complete ban on work. This confirms the fact that vocational rehabilitation measures, which are part of the IRP, are developed only for people with disabilities who have 1st and 2nd degree limitations in their ability to work.

The disabled person does not want to disclose the degree of his restriction to work

The IPR is advisory in nature for a disabled person. He has the right to refuse one or another type, form and volume of rehabilitation measures, as well as from the implementation of the program as a whole.
Refusal of the disabled person from the IPR as a whole or from the implementation of its individual parts:
- releases the employer from liability for its implementation;
- does not give the disabled person the right to receive compensation in the amount of the cost of rehabilitation measures provided free of charge.
This is stated in parts 5 and 7 of Art. 11 of Law N 181-FZ.
If the individual rehabilitation program does not contain a phrase about complete disability and the employee has refused in writing part of the rehabilitation measures or the entire program as a whole, we believe that the work of a disabled person in the organization is possible, both on a part-time basis and in the usual mode.

Labor benefits for disabled workers

Labor legislation provides disabled people with a number of benefits.

Working hours of a disabled person

The reduced working time for disabled people of groups I and II is no more than 35 hours per week (part 1 of article 92 of the Labor Code of the Russian Federation). With such a work schedule, they are entitled to full wages (part 3 of article 23 of Law N 181-FZ and Letter of the Ministry of Health and Social Development of Russia dated May 11, 2006 N 12918 / MZ-14).
For disabled people of group III, reduced working hours are not provided for by law, therefore, the normal working hours for them are 40 hours a week (part 2 of article 91 of the Labor Code of the Russian Federation).

Working nights, holidays or overtime

Disabled persons of any group may be involved in night work, overtime work, as well as on weekends and holidays only with their written consent and provided that such work is not prohibited to them for health reasons in accordance with a medical report. At the same time, disabled workers must be familiarized in writing with the right to refuse such work (part 5 of article 96, part 5 of article 99 and part 7 of article 113 of the Labor Code of the Russian Federation).

Disabled leave

Working disabled persons of any group are granted annual paid leave of at least 30 calendar days (part 5 of article 23 of Law N 181-FZ).
On the basis of a written application, the employer is obliged to provide a working disabled person with unpaid leave for up to 60 calendar days a year (part 2 of article 128 of the Labor Code of the Russian Federation).
Employees who became disabled as a result of the disaster at the Chernobyl nuclear power plant are provided with an additional paid leave of 14 calendar days (clause 5, article 14 of the Law of the Russian Federation of May 15, 1991 N 1244-1).

Disability Benefits

Temporary disability benefits for disabled Chernobyl victims are paid in the amount of 100% of the average earnings, regardless of the length of service (clause 6, article 14 of the Law of the Russian Federation of May 15, 1991 N 1244-1).

tax incentives

Disabled people of groups I and II are provided with a monthly standard tax deduction in the amount of 500 rubles. regardless of the amount of the employee's annual income (paragraph 7, paragraph 2, paragraph 1, article 218 of the Tax Code of the Russian Federation).
And disabled people from Chernobyl and military personnel who became disabled of groups I, II and III as a result of a wound received in the performance of military service duties are entitled to claim a deduction in the amount of 3,000 rubles. throughout the calendar year (paragraphs 3 and 15, paragraph 1, paragraph 1, article 218 of the Tax Code of the Russian Federation).
Please note: on the website e.zarp.ru you can get personal advice on settlements with employees.

Conditions for the disabled

Depending on the degree of limitation of the ability to work, disabled people can work either in normal or in specially created production conditions.

In case of limitation of labor ability of the 1st degree - work in normal production conditions

The employer must keep in mind that in the presence of a disability of the 1st degree, a disabled person can work under normal working conditions, that is, perform their work at ordinary workplaces together and on an equal basis with healthy workers.

In case of limitation of labor ability of the 2nd degree - work in specially created conditions

An employer can hire a disabled person with a 2nd degree of restriction to work, provided that the candidate:
- there are no medical contraindications to the performance of harmful or heavy work of the 1st or 2nd class of hazard, provided that they are performed in the mode of reduced working hours;
- professionally significant functions are partially preserved;
- it is possible to partially or completely compensate for the lost professionally significant functions with the help of auxiliary technical means (for example, typhlotechnical, audiological), ergonomic adaptation of the workplace, adaptation of the technological process to the features of the pathology of a disabled person, as well as with the help of other persons.
It is possible to involve disabled people of groups I and II with a 2nd degree of restriction to work if the employer, if necessary, can:
- to take them to work with optimal and acceptable (1st and 2nd grade) working conditions;
- significantly reduce their working day;
- establish preferential production rates;
- introduce additional breaks;
- create a specially equipped workplace;
- allow partial or complete work at home, etc.

Not all disabled people with the 2nd degree of restriction to work need all of the listed activities - it all depends on the disease and the degree of severity of impaired body functions. Recommendations regarding permissible working conditions are in the section "Professional Rehabilitation Measures" of the IPR.
When hiring a disabled person, the company is obliged to ensure the working conditions specified in the section "Recommendations on contraindicated and available conditions and types of work" of the IPR (Article 224 of the Labor Code of the Russian Federation).

Is it permissible to work at the 3rd degree

With the 3rd degree of restriction to work, a disabled person:
- or can work with significant assistance from others;
- or any work is contraindicated for him.
It happens that work is contraindicated, but a disabled person can do something useful. If the company is interested in services that are feasible for him, it has the right to conclude a civil law contract with a disabled person. There is no prohibition on this in the Civil Code.

A disabled person is a person who has persistent functional disorders of the body. Health disorders in one way or another limit the life of their owner, so that he is recognized as in need of social protection from the state.

As one of the manifestations of protection, experts allocate quotas for the employer, which means that the employer is obliged to create or allocate an existing workplace for a person with a 3rd disability group.

Legislative basis of the issue

Job quotas are regulated by Federal Law No. 181, and their minimum number for persons with disabilities is fixed by the Supreme Court in Determination No. 92-G11-1. At the same time, in order to confirm the category of disability, according to the Order of the Ministry of Health, a disabled person must provide a certificate of the approved form.

You should also focus on the IPR (), the development of which is based on Order No. 379n of the Ministry of Social Development of the Russian Federation. This standard contains information on the criteria for restricting work in group 3.

Since the very concept of disability, as well as the division into groups (in this case, we are talking about the third one) does not give a specific idea of ​​​​the capabilities of a disabled person, it is the degrees of limitations that will play a key role, that is, their severity and impact on performance, performance of functional duties.

Only after getting acquainted with the IPR of the applicant, the employer will be able to make a decision regarding cooperation with a disabled person.

Indicators of functional limitations of a disabled person

Limitations on the ability of a disabled person with group 3 to work can be divided into types. The reason for this is the different input characteristics. Depending on the assigned category, the level of complexity of the activities performed by a disabled employee will differ.

Existing regulation within a given topic is classified as follows:

1 degree. A disabled person of the 3rd group is able to carry out the assigned tasks with normal indicators against the background of reduced tension, severity and qualification requirements, or a reduction in the volume of tasks. Also included here is the urate of the opportunity to work in the main professional area, while retaining the usual employment and skills to perform a lower qualification process.

2 degree. In this case, it means activities in specially created conditions, where a person with disabilities is able to perform tasks, etc. Assistance from third parties or the use of technical means is not excluded.

3 degree. Here we are talking about the inability of a disabled person to work, or about the contraindication of carrying out activities in any direction. In other cases, with the specified degree, it is possible to perform certain types of work with the help of other people.

Which of the disabled people of group 3 can be hired?

The description of the degrees presented above makes it clear that this or that activity is within the power of disabled people with group 3 of 1 or 2 degrees. Again, the employer needs to take into account the IPR, where measures for the vocational rehabilitation of a disabled person are prescribed. The production site must comply with the specified recommendations.

As for the restrictions of the most difficult 3rd degree, despite the fact that the applicant has a serious condition, the employer has the right to take him to a suitable position. Employment for such persons with disabilities is excluded only in case of total impossibility to work.

This fact must be indicated in paragraph 6 of the IPR, that is, complete disability is reflected in words, since simply indicating the degree is not enough. If such a phrase is absent, plus, the disabled person has written a partial or full refusal of the rehabilitation program and activities, the 3rd degree is not an obstacle to getting a job.

Is not responsible for the implementation of individual recommendations of an employee with disabilities;

Deprives a disabled person of the right to receive compensation in the amount of the cost of rehabilitation measures provided free of charge.

But in the case of a high risk of complications in a person with group 3, despite the refusal of IPR, special conditions can be created for him and measures to limit labor can be taken.

Labor benefits for disabled workers of the 3rd group

The medical report received upon the appointment of a group to the ITU indicates data regarding individual functionality. This information must be taken into account in the organization where the disabled person works.

More specifically, experts identified the following benefits:

Maintaining the same payment as with full production, although in fact its period is less;

Reducing the working day or week, if indicated in the medical report;

The ability not to work overtime or on weekends, if a disabled person of group 3 has not given written consent and there is no clear prohibition in this regard in the conclusion;

Employment without a probationary period;

The presence of types of work that are prohibited under group 3 (that is, the employer cannot involve a person with disabilities in activities not specified in the list developed by the Labor Code);

30-day vacation (compared to ordinary people, this is a couple of days more) and the opportunity to take 60-day vacation at their own expense during the year, and disabled liquidators of the Chernobyl nuclear power plant have the right to rest another 14 additional days annually with vacation pay;

If necessary, you can engage in the restoration of health within the production shift, if this is prescribed in the IPR.

Working conditions of disabled people of the 3rd group

Quotas and conditions in which a person with disabilities will work directly depend on the degree of restrictions.

1 degree means that the employment of a disabled person is feasible in standard production indicators. That is, the employer allows a subordinate to ordinary production and a place where healthy employees work. But the level of qualification may decrease, or the requested volumes of productivity may decrease (for example, a disabled person performs the same task a little more slowly than an ordinary worker). In other words, activities are often facilitated.

2 degree implies the implementation of the work process in specially created conditions, when hiring a disabled person is possible with some reservations:

Hard or hazardous types of work (hazard class 1 or 2) in the mode of reduced working hours are not contraindicated for a candidate with disabilities;

Partially preserved professionally significant functions, or there is a chance to compensate for them through the involvement of assistants, adaptation of the technological process, the use of technical equipment and ergonomic mechanisms.

If necessary, the employer in this case:

Reduces the number of working hours;

Fixes preferential norms of production;

Specially equips the production site;

Allows you to take more breaks in the process of work;

Approves the full or partial performance of duties at home;

Creates acceptable and optimal production criteria for a disabled person.

Of course, it is not always necessary to implement the listed measures at the 2nd degree. The employer must take into account individual characteristics, violations and the severity of the problem.

Be that as it may, recommendations on the admissibility of working conditions are indicated in the section “Professional rehabilitation measures”. The information from the section “Recommendations on contraindicated and available conditions and types of labor” in Article 224 of the Labor Code of the Russian Federation will be useful.

3 degree talks about the work of a disabled person with the prevailing help of other people, especially if limited opportunities do not prevent him from doing something useful and employment is not contraindicated. The employer can cooperate with such a person, based on the conditions prescribed in the contract concluded between them.

Note that in the case of assigning a disability status to a disabled person with the localization of feasible opportunities of a certain category, the documents indicate the root cause of the loss of health, for example:

work injury;

Disability since childhood;

General or occupational disease;

Illness that developed during military service;

Illness, which is a consequence of the disaster at the Chernobyl nuclear power plant;

Influence of other reasons provided by law.

One more thing should be taken into account: group 3 can be given without specifying the indicators of the regulations in the labor characteristics. Subsequently, within the framework of the ITU, activity levels are assigned - 0 or I.

Many experts see the perspective of the labor market in people with disabilities, especially since their number is growing every year. And this indicates the need to create and maintain standards designed to attract citizens with disabilities to work.