How to get a job for a person with a disability
Work And Study / / January 07, 2021
How can you work
Under an employment contract
There are no specific restrictions in the legislation for hiring people with disabilities. Moreover, there are quotasFederal Law of 24.11.1995 No. 181-FZ: organizations with more than 100 people should have from 2 to 4% of such employees, and with a staff of 35 to 100 people, the quota should not exceed 3%.
There is also no list of prohibited jobs. An individual approach is practiced here.
Restrictions on working conditions and recommendations as to which work is contraindicated are contained in the applicant's medical documents. It can be a certificate of disability, an individual rehabilitation program. The employer independently determines on the basis of medical documents what an employee can do.
Olga Shirokova, Leading Lawyer, European Legal Service
Accordingly, the employer needs to exclude work duties that are contraindicated for a particular person. Also, the head has the rightResolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2
refuse a job seeker with a disability to a position that is generally unsuitable for him because of his health condition.At work, these team members have additional rights:
- The maximum duration of the working week for disabled people of I and II groups - 35Labor Code of the Russian Federation, article 92 hours. In this case, the salary is retained in full, without deducting the missing 5 hours. For group III, the working week, as usual, does not exceed 40 hours.
- People with disabilities can be involvedFederal Law of 24.11.1995 No. 181-FZ to overtime tasks, activities at night and on weekends in the absence of contraindications and only with the written consent of the employee himself.
- The annual paid leave for a person with a disability is 30 days. Additionally, you can takeLabor Code of the Russian Federation, article 128 up to 60 days at your own expense.
In addition, the company must equipResolution of the Chief State Sanitary Doctor of the Russian Federation of May 18, 2009 No. No. 30 "On approval of the joint venture 2.2.9.2510-09" workplace in accordance with the requirements for working conditions for people with disabilities.
Olga ShirokovaFor example, for a hearing-impaired person, it is necessary to equip the workplace with visual indicators that convert sound signals into light signals, and speech signals into text scrolling lines.
Under a civil law contract (GPC)
GPC agreement Is an agreement under which one-time services are provided or one-time work is performed. Within its framework, not work is paid, but a specific result. Such agreements are regulated by the Civil Code, so it does not provide for any rights guaranteed by an employment contract (including additional ones). And therefore, when concluding a GPC, only the readiness of the contractor to do the job on time, specified by the document, matters. A person with a disability himself assesses whether he is capable of specific work, and no additional obligations are imposed on the one who is the employer.
As self-employed
In 2018 in Russia appeared tax on professional income (NDP). One can register as self-employed and officially perform services and work. In cooperation with individuals, the amount of deductions will be 4%, with companies - 6%. Compared to the standard tax on personal income of 13%, the NPA looks quite profitable.
Since July 1, 2020, the tax on professional income has been in effect almost throughout the country, but the final decision to join this experiment is made by each region independently. There are no restrictions for people with disabilities, so this is one of the ways to legally work and make a profit.
As an individual entrepreneur
There are also no restrictions for people with disabilities. If you feel strong enough, register as an individual entrepreneur and work.
find out📃
- How to register an individual entrepreneur on your own
Where to look for work
In employment centers
Often not the most attractive vacancies are presented there, but these institutions should not be discounted. In addition, they can send for retraining. This is relevant if the health condition no longer allows the person to do what they used to do and he needs new profession.
On special sites
There are a lot of resources with vacancies: websites, Telegram channels, groups on social networks, freelance exchanges. The life hacker has compiled a large list of sites for finding remote work, but there you can find other options for cooperation.
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- Where to look for remote work
Through friends
Recommendations are of great importance in employment, so it is worth using social resources. The easiest way to use social networks for this is to write a post and ask your friends to share. Chances are that the job itself will find a job seeker.
Will payments and benefits continue if a person with a disability has income
The worker will not be deprived of payments and benefits. But there is a nuance.
Olga ShirokovaIf a citizen received a social supplement to his pension up to the subsistence level, then when he goes to work, he must notify the Pension Fund about it. Accordingly, he will temporarily lose the right to receive these funds.
According to the state, a working person is able to provide himself with an income not lower than the subsistence level. In addition, the indexation of the insurance pension is suspended for the period of employment. on disability. Before dismissal, a citizen will receive as much as he received during employment. But if you lose your job, your pension will be recalculated taking into account all indexations.
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- What rights do people with disabilities have in Russia and how to defend them