Employment of citizens with disabilities is carried out under general conditions, but has some peculiarities. Hiring a disabled person is accompanied by the provision of an additional package of documents, the organization of preferential working conditions and additional guarantees.

A candidate for a position has the right not to notify the employer about the presence of a disability group, and the personnel officer, in turn, does not have the right to demand any documentary evidence of the presence of limitations due to health conditions. In this case, the employer is relieved of responsibility for providing any benefits to the employee until he provides the relevant documents.

An employer has the right to refuse to formalize an employment relationship for a disabled applicant only if his “business qualities” do not correspond to the open vacancy (Article 64 of the Labor Code of the Russian Federation).

Hiring a disabled person

In order to employ a disabled person, the candidate must provide a number of mandatory documents:

• ID card (passport);
• work book (if you have work experience);
• SNILS (if you have work experience);
• TIN, education documents, military ID (if available);
• driver's license (if necessary).

An employee, at his own request, can provide documents confirming his disability (upon employment or during the work process).

The MES certificate, which confirms the disability group (1, 2 or 3) and contains information about the disabled person’s limitations at work (the degree of severity of work is indicated, the provision of special working and rest conditions) is issued for a certain period or indefinitely.

IPRA certificate (individual program of rehabilitation and habilitation) - contains information about the limitations in the work of a disabled person, based on the disease identified in the employee. The document specifies the work that the employee can perform depending on the degree of disability:

• 1st degree of disability - assigned to those disabled people who can perform their work duties only with the help of third parties or to such disabled citizens who are prohibited from working;
• 2nd degree of disability - assigned to disabled people who can perform their work duties if the employer creates special working conditions for them;
• 3rd degree of disability - assigned to a disabled person who can work under easier working conditions (reducing the intensity of work, the volume of work performed or qualification requirements).

How to draw up an employment contract with a disabled person?

The main regulatory document in the Russian Federation, which prescribes the principles of employment of people with disabilities, is Federal Law No. 181. The general conditions for recruiting persons for positions are set out in the Labor Code. The legislation contains the following features of an employment contract with a disabled person:

• when the employer determines the duration of work for a disabled person, the indications set out in his medical report must be taken into account. The law does not establish guarantees for reduction of work time in relation to workers with disability group 3, but in accordance with doctors’ prescriptions it may have limitations;
• if the working hours are reduced due to medical conditions, the disabled employee is entitled to the same payment as would be paid for a fully worked week;
• The law prohibits employers from assigning disabled people to shifts at night, on weekends, holidays, as well as on additional duty without the consent of the employee. In such engagements, the employee is properly aware of his right to refrain from working beyond the norm;
• The work process for an employee with disabilities must be safe; the employer takes measures to create appropriate working conditions, determined by a medical document.

All these features should be reflected in the individual agreement drawn up with the employee, and in the collective agreements in force at the enterprise.

Documents for drawing up an employment contract with a disabled person

The main package of documents that is necessary for employment contains Art. 65 TK. It consists of the following:

• passport;
• SNILS;
• employment history;
• diploma, certificate and other evidence of a person’s special knowledge and skills;
• military ID, if available.

When hiring a person with a disability group, the personnel officer should additionally request a medical certificate of the established form, as well as an individual rehabilitation program.

Thus, when employing a person with disabilities, he is required to provide the employer with direct documents specified in the law, as well as indirect documents indicating the degree of his health.

Employment contract with a disabled person of group 3 - sample

The contract is drawn up according to general standards. Must contain the following information:

• company name, full name its representative;
• FULL NAME. employee, his passport details;
• the position for which you are applying;
• length of labor time;
• conditions and type of work;
• payment;
• vacation time;
• number and painting of sides.

The contract must specify the time for which the person is diagnosed with disability with reference to a medical document.

Is it possible to conclude a fixed-term employment contract with a disabled person?

A fixed-term contract to work with such persons can be concluded. General rules apply when registering. Often work is temporary due to changes in the worker’s health. When concluding a fixed-term agreement (especially if it is an additional agreement), the employer must justify the reason for the short duration of the work.

How to include leave for a disabled person in an employment contract?

Workers with disability group 3 are entitled to a rest period of at least 30 days a year. In addition, they can also take an additional 60 days at their own expense. The procedure for providing rest time is prescribed in a special section of the concluded contract.

Additional agreement to the employment contract for a disabled person

Sometimes it happens that a disability was established for an employee during his employment relationship with the employer. Any changes in the employee’s health entail the preparation of additional information. agreements. An additional agreement is also concluded when the conditions and type of work, as well as payment, change.

Labor relations with disabled people of groups 1, 2 and 3

By concluding an employment contract with a disabled person of group 1, 2 or 3 , the employer undertakes to arrange a workplace and provide working and rest conditions for an employee with health problems in accordance with the requirements of the IPRA.

The employment contract must indicate the duration of the disability. If a disability group is assigned to an employee not for life, but for a certain period of time, then the employer must monitor the date of re-examination. After the “recommission”, the employee’s disability group can be removed or changed. Based on this, changes must be made to the employment contract.

Preferential working and rest conditions for people with disabilities

Annual paid leave for disabled people is 30 calendar days (Article 23 of the Law “On Social Protection of Disabled Persons” No. 181-FZ of November 24, 1995). Leave without pay at the request of an employee can be up to 60 days (Article 128 of the Labor Code of the Russian Federation) and the employer does not have the right to refuse this.

When concluding labor relations with disabled people of groups 1, 2 and 3, it is worth remembering that the employer does not have the right to involve such workers in fulfilling labor obligations after hours and at night without his personal consent. Therefore, if the position held by a disabled person requires overtime hours or night shifts, this nuance must be specified in the employment contract. For example, “The employee agrees to work at night. The employee is aware of his right not to go to work at night.” Also, it is worth noting that such work may be prohibited by a medical certificate (Articles 96, 99 of the Labor Code of the Russian Federation). Then, even with the personal consent of the employee, the employer should not involve the disabled person in “overtime” and night shifts.

Work of disabled people on weekends and holidays is also regulated by law and is provided only with the written consent of the employee and in the absence of a prohibition due to health reasons.

Reducing working hours for disabled people:

• for disabled people of group 3, there is no reduction in working hours unless this benefit is specified in the IPRA certificate;
• for disabled people of groups 1 and 2, the maximum working time is no more than 35 hours per week (7 hours per shift) with days off on Saturday and Sunday (Article 92 of the Labor Code of the Russian Federation). But in an individual rehabilitation and habilitation program, the norm may be limited to 6 hours per shift. This information must be specified in the employment contract.

It is worth noting that the employer does not have the right to change the salary or tariff rate of a disabled person due to a reduction in working hours.

How to correctly draw up an employment contract with a disabled person

The employment contract is the basis in the relationship between employer and employee.

A correctly drawn up contract should contain information about:

1. Subject of the agreement. It is necessary to indicate the position for which a disabled person is being hired.
2. Labor criteria and responsibilities within this position (in accordance with the IPR).
3. Employee rights.
4. Rights and responsibilities of management.
5. An exact vacation schedule (rest), as well as a probationary period, if any.
6. Peculiarities of termination of this agreement.
7. Organizational issues, conflicts and disputes between the parties, how they should be resolved.

You can find a sample employment contract with a disabled person in the public domain on the Internet.

you can follow the link.

An employer should review and consider the following aspects of hiring a person with a disability:

1. The period of assignment of disability (it can be lifelong or temporary).
2. Correspondence of workplace and time (hours per day/week) according to the IPR.
3. Special working conditions, which are indicated in the MSEC certificate.
4. Maintaining full earnings during a shortened working day (shift).
5. There is a ban on business trips and overtime.

The document must indicate the guarantees and compensation provided by the employer.

Quotas for hiring disabled people

The quota for hiring disabled people obliges employers to employ people with disabilities (Article 21 of the Federal Law of November 24, 1995 N 181-FZ). For large enterprises with a staff of 100 or more people, the rate of disabled employees should be 2–4%. (depends on the subject of the Russian Federation and the average number of enterprises). At the same time, quota vacancies should not provide for harmful and dangerous working conditions .

The employer is obliged to provide data on employed disabled people to the territorial body of the employment service, that is, to record the fact that the quota has been fulfilled.

If the employer is unable to independently organize the hiring of a disabled person, then he can submit a request to a non-profit association of disabled people. He will be offered candidates who meet the requirements of the open positions.

Features of an employment contract with a disabled person

Concluding a work contract with disabled people requires legalized nuances and the provision of a number of documents proving the employee’s disability. The following documents are required for employment:

• Passport;
• Pensioner's ID;
• Employment history;
• Diploma of education;
• Document on disability;
• Medical report;
• Personal rehabilitation program.

State bodies have the obligation to ensure employment of employees. In other words, social services must observe and intervene when a person wants to get a job. Before concluding a contract, the employer can also make a request according to which the need to make social payments is determined. The incapacitated employee enters into a standard work agreement, but an addendum is attached to it.

The annex additionally specifies certain binding conditions:

• Employee's workplace;
• Responsibilities of the employee in accordance with the standard schedule;
• Conditions for remuneration and payment terms;
• Regulation of work and rest schedules;
• The exact position of the citizen;
• Validity period of the document;
• Mandatory social insurance number.

It is important to note that the characteristics of the job must be noted - full-time or part-time.

Employment contract with a disabled person of group 3 - sample

An incapacitated employee of group 3 can begin work only after the creation of specialized conditions specified in the individual recovery program. The employment agreement specifies the following points:

• Citizen capabilities;
• Conditions for carrying out professional activities, specified to the best of the citizen’s capabilities;
• Recommendations for social benefits;
• Duration of labor.

People of group 3 have the right to count on a reduction in the length of the working day. Additionally, all conditions are indicated according to the individual rehabilitation program.

Employment contract with a disabled person of group 2 - sample

A person with a second degree of disability has the opportunity to begin work only after the creation of specialized conditions specified in the individual recovery program.

The content of the relevant agreement must be drawn up in a similar manner to a standard employment agreement. In this case, it will be important to specify in the text of the document the main nuances of cooperation between the parties. It should also be borne in mind that the employer does not have the right to limit the rights of such an employee.

Employment contract with a disabled person of group 1 - sample

A person with a Group 1 disability is deprived of the opportunity to carry out any labor activity. The citizen is declared incompetent. In some situations, an employee of group 1 may be recognized as partially capable and apply for a job. Hiring such a citizen obliges the employer to approach the conclusion of a work agreement with full responsibility.

The content of the contract should not infringe on the interests and rights of an employee with a degree of disability. The form of the agreement will not have significant differences in comparison with the standard agreement.

Employment contract with a disabled homeworker

An employee with disabilities can be employed and perform his duties from home. In this case, the document will have to contain additional paragraphs detailing the place of work, the materials provided, the procedure for reporting on activities and the amount of compensation.

The presented sample complies with all the rules for drawing up a standard agreement. To correctly enter the indicated item, you can use the example and enter the necessary data.

Employment contract with a disabled person of group 3, sample and details of registration

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It is not allowed to establish in collective or individual labor contracts working conditions for disabled people (wages, working hours and rest periods, duration of annual and additional paid leave, etc.) that worsen the situation of disabled people in comparison with other employees. When establishing 3rd degree for disability of 1st group, it means the impossibility of performing official functions due to complete loss of ability to work on the basis of ITU instructions.

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