What is a quota workplace? All about quotas

The state, within the framework of social policy, strives to take care of categories of the population that are less protected than others. This happens in various areas, including providing assistance in employment of all groups of the population.

Finding a job is often difficult even for people with excellent health and special education.

What if we are talking about potential employees who have not yet reached the age of majority, have disabilities, or are experiencing any problems that do not allow them to perform labor functions on an equal basis with others? Are they doomed to live in poverty due to low employment prospects?

To take care of such people and give them the opportunity to earn a decent living, the state introduces a number of social guarantees. One of their varieties is job quotas, which are obligatory on employers.

Legislative regulation of quotas

There is no single federal law specifically devoted to the issue of work quotas, but this problem is addressed in the following federal regulations:

“On employment in the Russian Federation” No. 1032-1 dated April 19, 1991 (no changes have been made since Soviet times);
“On social protection of disabled people in the Russian Federation” No. 181 November 24, 1995

Detailed legislative regulation of the provision of employment under quotas is carried out at the local level, which is why the composition of potential employees for such jobs and state benefits provided to the employer for quotas may differ significantly in different regions of the Russian Federation.

Legal norms on quotas for managers - rights and responsibilities

Firms are automatically included in the program if:

they are not a specialized institution for working with disabled people;
working conditions are not difficult or harmful;
The average number of employees exceeds 35 people. The question here is quite individual. It is the Government’s recommendation to create quota jobs for people with disabilities in companies with an average number of employees from 35 to 100 people. At the regional level they can decide how necessary this is (based on the number of able-bodied disabled people). In companies with 100 or more employees, creating workplaces for people with disabilities is the responsibility of each organization (except for exceptions).

How to calculate the average number of employees - the formula and examples of calculations are in this article.

If a manager does not know about quotas, this does not mean that he will not be fined. Basically, close cooperation with Employment Centers helps resolve this issue. People sent for employment under a quota come to a company where they are already expected.

Managers are required to:

Rely on city and regional laws on the rules for providing quota places.
Equip workplaces and working conditions according to the requirements necessary for disabled people to work.
Provide a mentor to a young employee.
Follow instructions and not create unbearable conditions under which a person will be forced to resign.
Do not artificially increase the requirements for applicants from socially disadvantaged segments of the population.
Post advertisements for vacancies.
Adhere to the Labor Code in relation to employees of any category.
Take an interest (submit inquiries, call, visit in person) in labor market offers through public employment services.
Fill all quota places for disabled people.
Develop a list of requirements and aptitude tests, taking into account a person’s disability.
Hire a disabled person for a vacant position. Therefore, quota places cannot be filled by healthy people. Issue an Order on the creation of the CRM, indicating the position and features of the workplace equipment.

Information to the employment center and issuance of orders

Employers must send information to the Employment Center within 3 days after a vacancy occurs.

What information must an employer submit to the Labor Protection Center? Photo: www.aktau-business.com

Every month following the reporting month (before the 10th), the company must send information about quota places for social media to this organization. vulnerable segments of the population. The employer can send information by fax, in person in paper format, through the MFC, by mail or other means.

The management, within the organization, issues an Order on vacancies for people with disabilities, which indicates their number and positions. An appendix to the Order is a list of job responsibilities and work schedule.

After the Employment Center refers a disabled person, the company, upon hiring, is obliged to arrange the workplace according to the needs of the disabled person, based on medical indicators.

When applying for a job under a quota, an Order is issued, which indicates the data of the quota employee, the number of the medical report, diagnosis, qualifications, tariff rate, and employment contract number.

The form must contain all the details of the organization. Disabled people of group II must have a rehabilitation program approved by the Ministry of Health and Social Development of the Russian Federation. The company enters into an employment contract with the employee. The working day of disabled people of groups I and II should be reduced.

But salary calculation is carried out according to an increased coefficient. The accounting of working hours is recorded in the timesheet according to the form of the Human League (21).

Sample order on the allocation of jobs for disabled people.

Recalculation of the salary amount is carried out in the accounting department on the basis of regional (city) legislation and the Order of the company’s management. When issuing Orders and Directives, the management staff must be based on the Instructions that are sent to the organization from the Federal Tax Service, the Pension Fund of the Russian Federation, the Social Insurance Fund, the administration, the Central Bank and other interested and regulatory bodies.

Attention! Companies that employ disabled people have tax breaks and reduced insurance premiums.

Managers have the right:

Present requirements related to the performance of work to applicants.
Do not specifically look for workers for vacancies for a quota-based workplace.
In some cities (Moscow), according to city law, managers can buy off quota jobs by paying the minimum wage monthly to the city budget.
Create equipped workplaces for disabled people with other companies.
Rent premises or offices in specialized institutions (create a small branch).
Request a medical certificate of disability every year. Here you will find out what a medical health record is and where to apply for it.
Demand that the assigned work task be completed.

All actions of employers must be based on the Federal Law “On Social Protection of Persons with Disabilities”, Federal Law “On Basic Guarantees of the Rights of the Child in the Russian Federation”, Labor Code, Administrative Code, Civil Code of the Russian Federation, Federal Law “On Employment of the Population in the Russian Federation”, the Criminal Code of the Russian Federation and city and regional laws on quotas. jobs and employment of young people from socially disadvantaged sections of the population.

Attention! Remote hiring cannot be regarded as filling a quota workplace!

Who has the right to apply for a job under a quota?

People who, for whatever reason, have problems finding a job need social protection. Regional regulations of each specific subject of the Russian Federation provide a list of categories that have the right to occupy jobs reserved for them. The list may be different, but no matter what area it belongs to, it will certainly include two categories of socially vulnerable segments of the population that must be taken care of.

Disabled people of groups 1 and 2. Such persons are employed in places specially designated for them, allocated by entrepreneurs. The employer must remember that people who are not completely healthy are entitled to a shortened working day, not the entire list of work functions is available to them, and they cannot be forced to work overtime or night shifts.

NOTE! If disabled people of groups 1 and 2 do not express a desire to take all the quota places, the law is not against the fact that disabled people of group 3 are accepted into these places.

Persons under 18 years of age. Official employment in the Russian Federation is allowed from the age of 14, and adulthood comes at 18. This period is often “dead” for teenagers who want to work, but are not accepted by employers. The state quota comes to the rescue. Employers of teenagers are required to comply with legal requirements regarding their organization of work - there are many restrictions and features for such employees.

Other possible categories for quotas

In different regions of the Russian Federation, in addition to the two mandatory social groups, quota places may be provided to representatives of the following social groups:

children raised in specialized institutions;
teenagers growing up in large and/or single-parent families;
children aged 14-18 whose parents are officially recognized as unemployed;
single parents, especially mothers;
prisoners who have served their sentence and have received employment opportunities;
serving or commissioned military personnel;
persons finding employment for the first time after graduation;
able-bodied people of pre-retirement or retirement age;
participants in the liquidation of the Chernobyl disaster, etc.

IMPORTANT! The key point of determining the category that needs quotas is the inability to compete in employment with other segments of the population.

Meanwhile, the opportunity to provide for oneself and one’s family is a basic need of any citizen, the provision of which is guaranteed by the state by the Constitution by granting the right to work.

For whom quota jobs are provided?

It is no secret that people with disabilities in our country are a low-income, low-mobility category of the population who, despite all their health problems, overcoming social exclusion, want and strive to live no worse than others. And those who have the strength and physical capabilities want to work and earn money.

Quota jobs are jobs specially allocated for a certain category of the population. At the federal level, a quota is legally established for the allocation of a clearly defined number of places, depending on the total number of employees, for people with disabilities.

Moreover, the ratio is strictly fixed: in enterprises with 35 to one hundred employees, they are allocated up to three quotas, where there are more than a hundred employees, the number of quotas is 2-4.

Accordingly, if organizations have less than 35 employees, quotas are not provided for at all. It is not provided for in hazardous industries either. For all other enterprises it is mandatory, regardless of the form of ownership.

Therefore, if some company did not know about this, or pretended that it did not know, as they say, ignorance of the law does not exempt from liability. Fines for this offense range from three to five thousand rubles and from five to ten thousand, depending on the type of offense.

What about others?

It must be said that the allocation of a certain number of jobs (probably even more than prescribed by law) is also possible for other categories of citizens, which is provided for by the regional laws of territories and regions.

Thus, in the Moscow region there is a regional law that sets job quotas not only for people with disabilities, but also for young professionals, graduates of secondary specialized educational institutions no older than 20 years old, for citizens released from prison, and others.

The Krasnodar Territory also has a fairly impressive list of quota-based jobs participating in this social program.

It is clear that the regional authorities are striving to support socially vulnerable categories. It even includes people who have undergone rehabilitation for alcohol and drug addiction, large families, and single parents.

There would be more such different quotas, covering not just a few people, but hundreds and thousands, so that our people really feel their social security, as it should be in a social state.

Quota jobs may also be provided to the following categories of persons:

graduates of boarding schools;
retired military personnel;
children over 14 years old;
children from difficult families and families in difficult life situations;
single mothers;
women with young children;
citizens of retirement and pre-retirement age, and so on.

For various reasons, it is difficult for them to find a job and in general it is more difficult to work than for others, so the state tries to cover them with social protection, giving them the opportunity to find a job, work and earn a piece of bread. This is consistent with the requirements of federal laws on employment and social protection of people with disabilities.

Which enterprises are required to place quotas on jobs?

The obligation to provide social government guarantees is not imposed on every employer.

If the number of staff in an organization is no more than 35 people, quotas may well never affect this company if it does not wish to do so.
Personnel of 35 or more employees must consist of at least 3% preferential categories. That is, at least 1 employee must be hired under a quota in an organization with a staff of 35-40 people, and if there are from 70 to 100 employees, then there should already be 2 quota places.
Larger organizations that can afford to maintain a staff of more than 100 employees must allocate 4% of jobs to quotas: at least 4 employees per hundred must be from socially protected categories.
A further increase in the number of personnel does not affect the quota share - it remains 4 percent.

It is possible to employ more such employees than the law says, but a smaller number is unacceptable. It is allowed to divide the percentage of the quota between different categories: for example, take 2% of minors and 2% of disabled people.

FOR YOUR INFORMATION! The form of ownership of the organization and the peculiarities of the organization of the labor process (except for the factor of harmful labor) do not matter for establishing quotas for jobs.

How is the number of seats calculated?

The legislation does not establish the exact number of quotas that should be provided for at each enterprise. The exact figure depends on the following factors:

total number of employees;
specific subject of the Russian Federation.

The last factor is explained by the fact that the exact establishment of quotas often occurs at the regional level, by enshrining this provision in local legislative acts. In this case, the quota is set as a percentage of the total number of employees.

As for the first factor, that is, staffing levels, the relationship is as follows:

enterprises with fewer than 35 employees should not provide a quota at all;
companies employing between 35 and 100 people can offer a quota of a maximum of 3% of the total number of employees (that is, from one to three people);
for enterprises with more than 100 employees, the quota is determined by the employer, but within the range of 2-4%.

The employer has the right to hire more employees with preferential benefits than provided by law, but not less.

Local regulations may divide the quota between several categories of workers - for example, 2% for people with disabilities and 2% for minors.

Quotas for the employer

Participation in the quota program imposes a number of obligations on the entrepreneur, failure to fulfill which is fraught with serious liability.

When starting a business, the owner of the organization is required to register with the Center for Job Quotas. Joining this social program is mandatory for everyone, even small organizations - because the number of staff may grow over time.

Package of documents for registration at the Quota Center:

certificate of state registration (copy);
charter (copy);
paper on registration with the tax authority (copy);
letter from the Unified State Register;
information about the number of employees on staff.

After submitting documents, the entrepreneur is assigned a registration number, after which he must report quarterly to this Center in the same way as to the INFS. Information about the presence of quotas at the enterprise must also be submitted to the local labor exchange.

Within the enterprise, the manager must create a special normative act (regulation) regulating the quota process, issue an order and edit the staffing table.

What can an employer be punished for in connection with quotas?

Responsibility for missing deadlines or failure to register with the Quota Center may be imposed as a result of an inspection by labor inspectors and involves the imposition of fines.

Punishment is provided in the following situations:

in a company with a certain number of personnel there are no vacancies under the quota or there are fewer than the stipulated number;
People from non-preferential categories are employed in such positions;
the employer refused an employee from such categories if there were available quota places.

IMPORTANT INFORMATION! The employer does not have to look for employees for quota places. Therefore, if such persons did not apply to him for employment, there is nothing to punish him for.

Employment of disabled people

The difficulty of creating comfortable working conditions for people with disabilities is the main problem for company managers. To solve it, they invest money and, together with other companies, create specialized premises with convenient conditions, if this is difficult to do in their office.

If this problem can be resolved, then the ability to get to work for many people with limited mobility during rush hour or on public transport, in the subway, is quite difficult. Therefore, many disabled people do not take advantage of the opportunity to work provided by the state.

Important! If you are disabled and want to work, contact the Employment Center. It is there that they will help you find a suitable organization where there are quota jobs.

How to register with the employment center - read the article at the link.

Hiring is carried out through an interview and testing. Despite the fact that a person is disabled, he is obliged to comply with the position. During the interview, you must present a medical report and a disability book.

During the conversation, the company representative clarifies what difficulties the person is experiencing due to limited ability to work. How physically easy it will be for him to cope with the assigned tasks.

If the terms and conditions are suitable for both parties in terms of work and other individual parameters, an employment contract is concluded in accordance with all the rules for drawing up the document. Next, the management issues an Order on the appointment of a CRM to the vacancy and the person is included in the staff.

Rights of the quota employer

For fulfilling quota obligations, the employer also acquires additional rights, mainly informational:

The Employment Center and/or Quota Center must provide employers with any necessary information regarding preferential categories;
the requirement for compliance with the position held also applies to quota workers - an insufficiently qualified or unable to cope with the duties of a “beneficiary” may not be accepted or dismissed in the same way as a regular employee (the reasons for the refusal must be justified).

Regional quotas

The authorities of the constituent entities of the federation can revise the list of categories of citizens entitled to work under a quota, as well as establish the exact values of quotas in the region (in accordance with the boundaries provided by the federal authorities). Such powers should help regulate and improve the labor market in a particular region , making work available to more vulnerable people.

Quota employment standards are fixed by a special legislative act developed and in force at the level of the entire region. Enterprises with 35 or more employees should be familiar with it: they will have to comply not only with the requirements of the federal law, but also with this document. You will have to bear responsibility for violation of quotas (more details in the corresponding section).

Calculation of quota places

The number of quota places is calculated based on local, not federal laws. Local ones must already fully comply with the general standards of the country. You need to find the relevant legislation: search on the Internet or directly contact the department/ministry of labor.

We looked at the first example of calculation in the section “Quotas for people with disabilities.” Let's look at another one. The plant employs 115 people; the region has a maximum quota of 4%. How many special jobs should such an enterprise provide:

115 x 4% = 4.6 = 5.

It is noteworthy that the result of the calculation in most cases is a fractional number. The laws do not provide specific instructions on how to round it, so the result is rounded according to general rules: up to 0.5 down, above 0.5 up.

Quotas should be provided for all enterprises with more than 35 employees

Specifics of hiring people with disabilities

In order to create decent working conditions for people with disabilities, the employer should carefully study their needs, as well as all the nuances regarding what a quota-based workplace means. The organization can employ people in wheelchairs, blind or deaf people, as well as people with intellectual disabilities.

All these people must be able to fully perform their job responsibilities. The employer bears the responsibility for constructing ramps and handrails on the territory of the enterprise, taking care of ways of alternative communication for the mute, as well as duplicating all necessary information with inscriptions (so that deaf workers can read them).

If necessary, an assistant should be assigned to employees with intellectual disabilities.

What the employer must do

There are actions related to quota jobs that are mandatory for all enterprises:

The entrepreneur has three months after the creation of the organization to create suitable workplaces for beneficiaries.
Regular reporting includes information on the extent to which the quota has been fulfilled (hiring, dismissal of employees), as well as changes in the number of quota places.
When considering the question of what a quota workplace for disabled people means, the employer must pay attention to what equipment will be required for such workplaces. The requirements dictate technical and sanitary standards and the employee’s rehabilitation program.

For non-compliance with legislation in the field of quotas, the enterprise is subject to fines. Their amount directly depends on the severity of the offense and the type of ownership of the organization (for individuals the amount is significantly less than for legal entities).