Quota-based workplace - what does it mean?

What is a quota-based workplace? A limited number of people of certain social classes can get a job under a quota. The law establishes the procedure for the distribution of quotas. Leaders of organizations take part in improving the living standards of vulnerable segments of the population, and provide jobs for people through quotas or voluntarily.

How to find out if you can get a job in a quota-based workplace? Find out what employers and job seekers are entitled to when hiring under a quota in this article.

What does it mean to have a quota-based workplace?

State programs to support vulnerable segments of the population are aimed at improving the living standards of the poor, large families and people with disabilities.

In Russia, various regional programs are now being implemented everywhere to allocate quotas for places in higher educational institutions for children from large families. It is recommended to allocate quotas for jobs in companies and organizations.

A quota-based workplace (QWP) is a position in a company where the number of employees on the list is more than 35 people, intended for representatives of a certain unprotected social segment of the population.

If the organization already employs people who legally fit into the category provided for by law, then the quota is considered filled.

The rules for hiring people with disabilities are discussed in this video:

Who are the quota jobs intended for?

Quota jobs are allocated to:

disabled people, under Article 21 of the Federal Law “On social protection of disabled people in the Russian Federation”;
graduates of secondary schools, secondary specialized educational institutions, young people under 18 years of age from vulnerable segments of the population (orphans, orphanages, children from low-income families, large families, sole breadwinners, etc.). Former students in this group should be given priority for employment.

Article 21. Establishing a quota for hiring disabled people. For employers whose number of employees exceeds 100 people, the legislation of a constituent entity of the Russian Federation establishes a quota for hiring disabled people in the amount of 2 to 4 percent of the average number of employees. For employers whose number of employees is no less than 35 people and no more than 100 people, the legislation of a constituent entity of the Russian Federation may establish a quota for hiring disabled people in the amount of no more than 3 percent of the average number of employees. When calculating the quota for hiring disabled people, the average number of employees does not include workers whose working conditions are classified as harmful and (or) dangerous working conditions based on the results of certification of workplaces for working conditions or the results of a special assessment of working conditions. If the employers are public associations of disabled people and organizations formed by them, including business partnerships and societies, the authorized (share) capital of which consists of the contribution of a public association of disabled people, these employers are exempt from complying with the established quota for hiring disabled people.

Young people who were unable to find a job on their own should contact the Employment Center.

Service workers primarily send young people in this category for employment at enterprises, companies and organizations. Enterprise managers do not have the right to refuse employment under a quota.

There is a social protection program for people with disabilities. Quotas must be provided for in all organizations where, on average, there are 100 or more people on the list.

A quota job in a vacancy means that the company is looking for an employee whose disability is confirmed by medical records. institution. However, managers are not required to actively seek out such employees.

The vacancy may be advertised in the media. If the disabled person responds, passes the interview and satisfies the needs of the enterprise with his knowledge and skills, he will begin work.

The nuances of establishing quota places for certain categories of citizens

For young people who have graduated from secondary specialized and other educational institutions, employment under a quota is a priority, but the requirements for knowledge and skills are the same as for ordinary applicants.

Order on establishing quota places.

According to the law, Art. 21 Federal Law “On Social Protection of Disabled Persons of the Russian Federation” the number of quota places is calculated as a percentage of the average number of employees.

If the average number of employees on the list is from 35 to 100, then the manager can create up to 3% of the places on the list. If the company has an average of 100 employees, then the enterprise is obliged to create from 2 to 4% of the quota jobs for people with disabilities.

Managers do not have the right to use quota places in harmful and dangerous production. The workplace must be equipped for disabled people.

These provisions are regulated at the state level. But each region and city, on the basis of the Federal Law, issues its own law, which more precisely specifies the requirements for employers.

For example, in the Rostov region, managers of companies employing less than 100 people do not create CRM for people with disabilities.

And for young people from vulnerable sections of the population, there are separate conditions and requirements for employment. All state programs are interconnected. In the Rostov region, they rely on the recommendation of cooperation between the administrative apparatus and entrepreneurs, enterprises and large businessmen.

Therefore, given that children who find themselves in difficult life situations basically have no one to rely on, they are required to improve their studies, with the prospect of further employment. Usually, leaders visit educational institutions with a conversation. Purposeful children find themselves in large companies for promising positions.

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!

How effective is quotas?

Setting quotas is one of the ways to solve problems in economic, social and political life. To a large extent, their use is a compromise or an intermediate solution. However, the effectiveness of quotas depends significantly on the chosen value and nature of the restrictions.

They must be selected taking into account all the features of the situation under consideration. The results of the application should be monitored based on their usefulness in achieving the stated goals and adjusted if necessary.

Conclusion

The use of quotas is common, but in each case we are talking about specific conditions. In order to take their effect into account in your activities, you need to know about them and the features of their use.

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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.

Notice from the employment service

What does this mean - a quota-based workplace for an organization?

In addition to creating jobs, employers are obliged to additionally notify the employment service authorities that the organization has fulfilled its obligation to set quotas for vacancies. According to Article No. 25 of the Law “On Civil Employment”, employers are obliged to send to the relevant services on a monthly basis all information about created job vacancies. In addition to information about them, it is necessary to inform about local regulations that contain information about the fulfillment of the quota. All this information is provided on approved forms.