More and more people with disabilities are seeking employment. Physically limited, but not socially: problems of employment of disabled people. Job quotas

Scientific communications

Employment of disabled people: socio-economic aspect

V.N. Kozlova

The loss or reduction of ability to work, the onset of disability radically changes a person’s social status and the attitude of others towards him, disrupts his health, worsens his well-being, and reduces self-esteem. All this affects a person’s social activity, which is closely related to a person’s attitude towards work and is manifested in his behavior and work activity.

Attitudes towards work are determined by subjective and objective factors. Objective factors include the content and nature of work, which determine the professional and sociocultural development of the employee, as well as working conditions (socio-economic, socio-hygienic, socio-psychological), which directly influence the attitude towards work1. It should be noted that it is under the influence of socio-economic working conditions (the possibility of improving skills and wages) that workers develop positive and negative value orientations towards work. By creating a sense of job prospects, socioeconomic conditions contribute to increased productivity.

Subjective factors are a system of orientations and motives for work activity. Attitude to work includes three levels: attitude to work as a value; attitude towards the profession as a certain type of work; attitude towards work as a specific type of work activity in specific conditions. The motivational sphere of a subject involved in an activity is a system of motives based on human needs2. Material (physiological, need for housing, etc.), spiritual (cognitive), social (needs for self-realization, recognition, etc.) needs are the basis of motivation for the professional activity of each person.

For today's society, the most characteristic type of motivation is instrumental, focusing on material needs3.

1 Akhmadinurov R.M., Ispulova S.N. Social and labor relations in the regional labor market // Human capital. 2008. No. 1. P.164-168.

2 Cheremoshkina L.V. Modern problems of labor motivation // Scientific notes of RGSU. 2005. No. 2. P. 14-24.

3 Akhmadinurov R.M., Ispulova S.N. Decree. op. pp. 164-168.

People with disabilities are not an exception, but rather a confirmation of this rule.

In Russia, a rather paradoxical situation is emerging when, against the backdrop of an increase in the amount of funds received by the country as a result of high energy prices, the situation of disabled people in the country is systematically worsening. Currently, this is explained primarily by state policy towards people with disabilities. It should be noted that in the 90s. In the last century, Russia tried to move from the medical model of disability to a more progressive social model. Let us recall that in the medical model, the emphasis is on the dependence of a disabled person on the people around him, all attention is concentrated on health problems, while within the framework of the social model, actions to improve the quality of life of disabled people are aimed at eliminating barriers that prevent the inclusion of disabled people in the life of society. Unfortunately, already at the beginning of the 21st century. in fact, even those minor positive changes that were achieved in the 90s were eliminated. last century.

These changes began with the adoption of the new Tax Code and the elimination of all benefits for enterprises employing disabled people, and these benefits were in fact the only real mechanism for solving the problems of employing disabled people.

The second most important factor negatively affecting the situation of people with disabilities was the adoption and practical implementation of Federal Law No. 122-FZ of August 22, 2004, which provides for a comprehensive change in the social security system for various segments of the population. So, according to the updated Art. 21 as amended by Law No. 122, quotas are established for organizations with more than 100 employees4. According to statistics, in the Altai Territory there are only 1,149 organizations with 100 or more employees.

The third factor creating obstacles for disabled people to realize their right to work on an equal basis with other people was changes in the technology for examining disabled people in the medical and sanitary examination bureau. Until the mid-1990s. in Russia there was a system of medical labor expert commissions5. In accordance with the Law “On Social Protection of Persons with Disabilities in the Russian Federation” of 1995, VTEK were reorganized into the ITU Bureau. The legislation determined a radical change in the functions of these bodies, and most importantly, established virtually equal grounds for determining the disability group for almost all types of disabilities a disabled person has. Recently, the Government and, accordingly, the Ministry of Health and Social Development have made another turn and returned to the old ways. In first place among the six types of disability established by law again

4 Federal Law of the Russian Federation dated August 22, 2004 No. 122-FZ “On amendments to the legislative acts of the Russian Federation and the recognition of some legislative acts of the Russian Federation as invalid in connection with the adoption of federal laws “On amendments and additions to the Federal Law “On general principles of organization of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation" and "On general principles of organization of local self-government in the Russian Federation."

5 http://www.index.org.ru/journal/28/html

limited ability to work emerged, and all ITU bureaus returned to the functions characteristic of the previously existing VTEC, especially since this was related to the amount of payments received by disabled people. Despite the fact that ITU bureaus using this technology determine only a hypothetical possibility of working, which is in no way related to the real possibility of employment, disabled people en masse strive to receive the 1st disability group, which allows them to receive a higher pension, but completely excludes their employment. That is, instead of stimulating disabled people to work, the opposite result was obtained.

In addition to the moral and ethical grounds for the state’s concern for the integration of people with disabilities into society, there are also compelling economic reasons for this. On the one hand, effective work activity, the need for which, according to studies conducted in Barnaul, Altai Territory, is needed by 98.5% of disabled people, allows them to significantly improve their standard of living and achieve some economic independence (42.8% of respondents) , integrate into society (27% of respondents)6. On the other hand, the employment of disabled people allows increasing tax revenues to the budget and compensating for the labor shortage in the labor market. However, all this has so far been completely ignored when forming state policy regarding people with disabilities.

Research conducted by the St. Petersburg Institute for Medical Problems and Rehabilitation of the Disabled has shown that professional rehabilitation of the disabled is in a critical state. If in the early 1990s. In the country, 86% of disabled people of the 3rd group and 25% of disabled people of the 1st and 2nd groups worked, which in general amounts to over 55% of all disabled people, but now, according to various sources, no more than 12-15% work. At the same time, 29.1% (over 4.3 million) of disabled people need career guidance, 9.6% (over 1.4 million) need training, 13.9% (over 2.0 million) need vocational training and retraining. , in labor adaptation - 25% (over 3.7 million)7. At the same time, about 80% of disabled people of working age can and, most importantly, want to work, but are not able to exercise their right to work, since the state has actually withdrawn from solving this problem. In the Altai Territory alone, 51% of unemployed respondents apply for jobs.

The characteristics of a particular region leave an imprint on the social and labor rehabilitation of this category of the population. Thus, according to a SWOT analysis of the economy of the Altai Territory, Altai is a large agro-industrial region with its own construction industry base8. Therefore, when developing rehabilitation programs for able-bodied disabled people, it is necessary to take into account that in the region the main number of jobs is concentrated in the agricultural sector of production, which requires physical endurance and a certain level of theoretical training from the worker. But, unfortunately, we were unable to find information

6 Kozlova V.N. Organization of social and labor rehabilitation of disabled people at the municipal level (based on the results of a study in Barnaul). Sociology of social work: Social qualimetry. Sociology of social health. Yearbook. Vol. 3. M., 2008. pp. 192-196.

7 http://www.index.org.ru/journal/28/html

8 Strategy for the socio-economic development of the Altai Territory for the period until 2025.

information about how many people with disabilities receive higher and secondary specialized education to work in the agricultural production sector.

The weaknesses of the regional economy in the SWOT analysis include:

Technological lag of industrial enterprises of certain types of economic activity;

The crisis state of agricultural engineering enterprises;

Low level of agricultural development.

All this affects the quantity and quality of jobs for workers with varying degrees of disability.

During the second stage (2007-2008) of the empirical research we conducted in Barnaul together with the Altai regional public organization of wheelchair users “Overcoming-Altai”, it turned out that only 43.2% of working disabled people are completely satisfied with their workplace, more than half of the workplaces are to one degree or another inconvenient for respondents9. Among the parameters of dissatisfaction with their workplace by working disabled people, the following are noted: inconvenience (12.5%), heavy physical activity (8.0%), daytime mode (6.8%), lighting, unpleasant odors, inconvenient technical equipment (5.7 each). %), noise, low air temperature (4.0% each), vibration (3.2%).

Among the features of the region, one more very important characteristic should be noted: a third of the region’s population lives in rural areas, which, accordingly, affects the level of employment. The percentage of registered unemployed disabled people living in rural areas has remained consistently high over the past five years and in the Altai Territory is more than 55%10.

Another trend, characteristic not only of the Altai Territory, but also of the entire modern world, is the development of the service sector. A service-oriented society places demands not only on the qualifications and level of education of the employee, but also requires the employee to be mobile and have the opportunity to improve their skills in the process of work and obtain new qualifications. The presence of a disability in one way or another limits a person’s mobility, which affects his ability to obtain education and additional qualifications. The professions of hairdresser, cook, IT specialist, etc. do not accept restrictions when working.

Thus, growing requirements for hired personnel further reduce the chances of disabled people to get a job; they have to be content with low-skilled work, which further reduces the opportunities for economically active disabled people to realize themselves in society. The basis for resolving these contradictions can be regular research that allows us to understand the motivation for the behavior of people with disabilities and takes into account the characteristics of a particular region. Also, research can be used as one of the justifications for the strategy of adequate management of regional executive authorities and public organizations involved in promoting the employment of people with disabilities.

9 Kozlova V.N. Decree. op.

10 http://www.altairegion22.ru/territory/soc_econ/line-it/2010.php

If necessary, the medical expert labor commission may ask the question: how to fill out the production characteristics for disability? The characteristics will be taken into account when it is necessary to assign a disability group.

On a special form you will need to indicate:

employee personal data;
description of work activity (pay special attention to periods of work under increased danger or in difficult working conditions);
characteristics of working conditions (working hours, description of job responsibilities);
production standards, the need for business trips;
information about what position the employee can be transferred to if a disability group is assigned.

The document must be signed by the heads of the HR and legal departments and certified with a seal.

Employment of disabled people

In many areas of life, people with disabilities have limited opportunities, but if a person is not recognized as disabled, he has the right to get a job that corresponds to his qualifications and physical capabilities. Employment is regulated by the state and, according to the Labor Code of the Russian Federation (Article 64), employers do not have the right to refuse a person a job because of his physical condition, and dismissal due to disability is possible only under certain circumstances.

Reality makes its own adjustments and employers who want to avoid problems associated with the specific design of workplaces for disabled people simply refuse to hire disabled people, most often without explaining the reasons. People with disabilities rarely apply to the labor inspectorate, and if this happens, employers will still be able to avoid a fine - they just need to prove that the applicant lacked the knowledge and experience in some way to take the offered position.

According to statistics, 80% of disabled people are employed in China, 40% in Britain, about 30% in the USA, and only 10% in Russia. At the same time, the government of China or the United States does not consider it necessary to place quotas on jobs for people with disabilities, but invests decent funds in the adaptation and employment of people with disabilities. According to their calculations, this is cheaper than supporting disabled people using state benefits.

In Russia, entrepreneurs would rather pay a fine than spend time and money on arranging a special workplace and living rooms. In addition, the fines are not too large: officials will have to pay up to 5 thousand rubles; for individuals – from 1 to 5 thousand rubles; legal entities – from 30 to 50 thousand rubles.

The greatest difficulties most often arise precisely because of the need to create special workplaces for disabled workers. According to the Sanitary Rules approved by the state, special requirements are imposed on equipment, the main workplace, working conditions, medical care. service and sanitary provision for workers. For example, special ramps must be provided for wheelchair users, the building must have an elevator, access to the workplace must not be limited in any way, and the wheelchair must move freely around the office.

Benefits and requirements

Benefits are provided by Law No. 191-FZ and the Labor Code of the Russian Federation on the basis of a certificate of disability. Features of employment of disabled people relate to the following:

Increased paid leave: standard leave is 28 calendar days, and a disabled person must be provided with at least 30 days.
Leave without pay is mandatory: for disabled employees under Art. 128 of the Labor Code of the Russian Federation, it is necessary to allocate at least 60 days of unpaid leave annually. The organization may deny such rest to ordinary employees, but not to disabled people.
Overtime work is possible only by agreement of the disabled person; it is impossible to oblige him. This applies to working at night, on weekends and holidays. However, for this, the employee is required to provide an individual rehabilitation program.
Fewer working hours: Working hours should be no more than 35 hours per week, and wages will remain the same.
Sick leave compensation for disabled employees is provided in the usual manner, but no more than five months a year and no more than four months in a row.

If a person is unable to work due to injury or illness, sick leave benefits are paid for the entire period of incapacity (until recovery or disability is established).

Job quotas

Quotas for jobs for disabled people are regulated by Art. 20 No. 181 of the Federal Law “On Social Protection of Disabled Persons in the Russian Federation”. According to the law, the employer is required to hire a certain number of people with disabilities. The larger the organization, the more jobs should be provided to people with disabilities.

So, if a company has from 35 to 100 employees, the quota is 3% of the average number. If the company employs more than 100 people, the quota is from 2 to 4%. It should be noted that until 2013, only large enterprises had to enter into employment contracts with disabled people - the government believed that quotas for medium-sized businesses would complicate the activities of organizations.

According to the law, companies must submit the following reports to the employment service every month:

whether the quota of jobs for people with disabilities has been met;
local regulations with information on whether the appropriate workplaces are equipped;
data on allocated or created jobs.

In some regions (for example, in the Tula, Belgorod, Amur regions), local authorities approach quota requirements differently. It is possible to rent special workplaces - most often contracts are concluded with specialized enterprises or with public organizations, associations of people with disabilities. It turns out that disabled people work in an organization that meets sanitary standards, and receive wages from the tenant company.

Dismissal due to disability

If a change in health status occurs during the term of the employment contract, this may be a reason for dismissal. The basis may be a certificate of disability and an individual rehabilitation program. An IPR is usually a recommendation, and a person has the right to refuse to participate in the program. For work, he can only provide a certificate of disability, which helps to obtain the benefits provided for by the code.

It is worth noting that when staffing is reduced, disabled people have preferential rights to retain their jobs if:

qualifications and labor productivity are not inferior to other employees;
the injury that caused the disability was received at this workplace;
the disabled person is a WWII veteran or a combat veteran.

An employment contract with a disabled person can be terminated if the employee is unable to work and this fact is confirmed by a medical report. So, according to clause 5, part 1, art. 83 of the Labor Code of the Russian Federation, if a person can no longer perform work according to his position, the employer has no reason to continue cooperation with him.

As a rule, restriction of work activity of the first degree allows work in the same conditions, but it is necessary to reduce the volume and severity of work. A second degree restriction allows you to perform work in specially created working conditions, and with a third degree restriction, a person is considered disabled. Dismissal of a group 3 disabled person, as a rule, is rarely permitted - restrictions on an individual rehabilitation program are usually insignificant.

If necessary, the terms of the employment contract can be changed - it is possible to transfer the employee to another position that will correspond to the individual rehabilitation program. This requires the consent of the employee and an official transfer agreement; it is impossible to simply dismiss a group 2 disabled person.

If the organization does not have suitable conditions for continuing work or the employee refuses the transfer, dismissal will be carried out in accordance with clause 8 of part 1 of art. 77 Labor Code of the Russian Federation. A person must be warned about dismissal in advance; before the expiration of the employment contract, he can be removed from work. No salary will be accrued during this time.

An order to terminate the employment contract will be issued on the basis of a medical report.

To summarize, dismissal of a disabled person is possible in the following cases:

in the absence of vacancies suitable for the disability group, vacancies with easier working conditions;
at your own request;
if your health condition does not allow you to continue to perform your job duties;
upon refusal to transfer to another position.

The most convenient cities for disabled people today are Kazan and Sochi. But in other cities, work is in full swing to create the necessary infrastructure - for example, special beaches for people with disabilities will soon appear in Crimea and Sevastopol. The Minister of Labor and Social Protection Maxim Topilin told RG about what will change in the lives of disabled people in the near future.

Maxim Anatolyevich, why did Kazan and Sochi become exemplary in terms of accessibility?

Maxim Topilin: Kazan can rightfully be proud of its metro and other transport infrastructure facilities. Of course, Sochi is a leader in the scale and quality of work performed. Everything that was built in Sochi from scratch or re-equipped on the eve of the Olympic and Paralympic Games - transport, roads, sports facilities, hotels, catering establishments and so on - was created taking into account the needs of people with disabilities.

This year, Crimea and Sevastopol joined the State Program “Accessible Environment”. By the next summer season, some recreational facilities will be equipped on the peninsula, including beaches suitable for people with disabilities with musculoskeletal disorders. And here we are talking not only about ramps, but also, for example, special wheelchairs in which disabled people can safely swim in the sea.

A huge law has just been passed that will allow us to take real steps to implement the Convention on the Rights of Persons with Disabilities. What are the most fundamental changes in legislation?

Maxim Topilin: The law contains many innovations that will help ensure the rights of people with disabilities in real life. For example, for the first time, conditions for accessibility of the environment will be determined not for people with disabilities in general, but for specific groups depending on impaired body functions. For example, for visually impaired people, text messages will be duplicated with voice messages. Where necessary, signs in Braille will be provided. Wheelchair users will be assisted by specially trained staff. This is especially true in transport.

People are complaining about the results of the medical and social examination (MSE). This is largely due to the fact that there are no specific and understandable indicators for assessing dysfunctions of the body. Therefore, the law provides for reform of this system. New ITU classifications and criteria will be introduced. They involve a quantitative assessment of the degree of dysfunction in a person. This will make it possible to eliminate the subjectivity of experts during the examination.

From a legislative point of view, have we already done everything that is necessary to implement the Convention or will documents still be developed?

Maxim Topilin: They will. Moreover, most ministries. Departments must develop and begin to implement during the transition period their own sets of measures to increase accessibility for disabled people to objects and services in the sphere of established powers, for example, the Ministry of Transport - in the field of transport, the Ministry of Culture - in the field of culture, and so on. That is, these are a kind of “road maps” for creating a barrier-free environment, as well as providing assistance to people with disabilities in the provision of services. Draft regulatory acts of departments will be agreed upon by the Ministry of Labor.

In addition, one of the key tools for implementing the Convention is the Accessible Environment program. We are now working on extending it until 2020.

It is obvious that it is impossible to create a universally accessible environment in a few years. What have you managed to accomplish under the “Accessible Environment” program to date?

Maxim Topilin: Indeed, it is impossible to make the environment accessible everywhere in a short period of time, especially since before 2011, before the start of the program, practically no one dealt with this problem. But there are changes: let me remind you that at the start, in 2011, the program began with three pilot regions. This year, the geography of the program already covers 75 regions, including the Republic of Crimea and Sevastopol. Socially significant facilities are being equipped: clinics, hospitals, pharmacies, schools, theaters and so on. Let me remind you that lists of socially significant objects are determined taking into account the opinions of public organizations of people with disabilities - this is a mandatory condition. We expect that by the end of this year, more than 11 thousand priority facilities will be equipped for the needs of people with disabilities. This year, a total of 3.16 billion rubles were allocated from the federal budget to co-finance regional “Accessible Environment” programs. Plus, the regions invested about 3.6 billion of their own funds. Of course, this is just the beginning. Along with software methods, it is necessary to use other opportunities to create accessibility conditions, including those provided for by the law that I spoke about.

In addition, the issue of organizing the production of assistive and auxiliary devices that ensure accessibility - tactile tiles, lifts, handrails and others, as well as technical means for the rehabilitation of the disabled is relevant. Such projects have already been implemented in certain areas, but we have to solve this issue systematically. It can already be said that in certain areas it will be necessary to attract foreign partners, this mainly concerns technically complex products.

The state is constantly expanding employment opportunities for people with disabilities. The notice board of employment services is replete with notes: “vacancy for disabled people.” Are disabled people themselves ready to work?

Maxim Topilin: We see that more and more people with disabilities are seeking vocational training, employment, and starting their own business. This is also affected by the increase in the level of accessibility of infrastructure within the framework of the state program “Accessible Environment”, as well as the expansion of measures to promote the employment of people with disabilities. Over the past three years, the level of employment of disabled people has increased from 35 to 42 percent of the number of disabled people who applied to the employment service. In 2011–2013, over 1.7 thousand additional disabled people were employed as part of the implementation of the “Accessible Environment”. The mechanism for quotas of jobs for people with disabilities is working: about 76 percent of the quota places are now occupied - that’s 380 thousand jobs.

Since 2009, the federal budget has allocated funds to equip workplaces for people with disabilities. In 2013–2015, at least 14.2 thousand jobs should be created annually in this area. Today, on average, the standard costs from the federal budget for creating one job are 100 thousand rubles, whereas in 2009 we started with compensation in the amount of 30 thousand rubles. It is important that jobs are created mainly not at the enterprises of public organizations of disabled people, but on the open labor market.

However, the employment rate of disabled people remains low: only 28.2 percent of the total number of disabled people of working age work, which is almost 1.8 times lower than in developed countries. To solve this problem, it is necessary to understand on the part of business that an employee with a disability can work just as effectively as an employee without a disability, on the part of disabled people - that there is somewhere to turn for help in finding employment, there are real vacancies, that the employer is not willing to pay a disabled person at all minimum wage.

Of course, the issue of education for people with disabilities needs to be addressed here. The Ministry of Education and Science is implementing measures to increase the accessibility of vocational education for people with disabilities.

What is the salary of disabled people today?

Maxim Topilin: I will provide data on vacancies announced to employment services for the employment of people with disabilities. 37.2 percent are vacancies with wages ranging from 10 to 15 thousand rubles, 25.6 percent of vacancies are with wages from 15 to 20 thousand, 12.8 percent of vacancies are with wages over 20 thousand rubles. A relatively high level of average salary offered to disabled people in quota jobs, compared to the level of average salary in the region - about 80 percent - is noted in Ivanovo, Oryol, Ryazan, Tambov, Tver, Penza regions, the Republic of Adygea and a number of other regions.

The state spends a lot of money on creating jobs for people with disabilities. As a result, one workplace sometimes costs 200-300 thousand rubles. Many experts believe that these are disproportionate costs and are more like not a “fishing rod” for people with disabilities, but a “fish” for the organizers of such jobs. What do you think of it?

Maxim Topilin: We have sent a signal to employers that a disabled person can work equally with non-disabled employees. Yes, at first we involve employers financially; over time, this process will take place without government participation. There are prerequisites for this. There are often cases when an employer invests much more in creating a workplace for a disabled person than the state. For example, a Braille printer for a visually impaired person costs about 150 thousand rubles: the state provides 100 thousand, the rest is paid by the organization. This means that she understands that such an employee will still bring him profit.

The fact that employers are gradually changing their attitude towards people with disabilities is also evidenced by the numbers. According to the employment service authorities, out of 23.9 thousand disabled people employed in 2012–2013, at the beginning of 2014, 20.19 thousand of them continued to work, that is, 84.5 percent. This means that disabled people are in demand from employers.

We also conduct annual surveys among people with disabilities: do they notice a change in attitudes towards them? Our measurements show that yes, the number of citizens friendly to people with disabilities is growing from year to year. And, it seems to me, there is a contribution to this, including social advertising. We currently finance the placement of advertising materials and the production of subtitles as part of the Accessible Environment program. For subtitling, special equipment was purchased and transferred to TV channels (Channel One, Russia-1, Russia-K, NTV, Karusel, TV Center-Moscow). I believe that in the future this practice should become generally accepted - for all television channels and film distributors, up to the establishment of a special quota for the use of the image of a disabled person in television programs and films.

The Law “On Social Protection of Persons with Disabilities” pays special attention to ensuring the employment of persons with disabilities. The law provides financial and credit benefits to specialized enterprises that employ disabled people, as well as enterprises, institutions and organizations of public associations of disabled people; establishing quotas for the admission of people with disabilities, in particular for organizations, regardless of organizational and legal forms and forms of ownership, whose number of employees is more than 30 people. Public associations of disabled people and their enterprises, organizations, the authorized capital of which consists of the contribution of a public association of disabled people, are exempt from mandatory quotas of jobs for disabled people.

The law defines legal norms for resolving such significant issues of employment of disabled people as the equipment of special workplaces, working conditions of disabled people, the rights, obligations and responsibilities of employers in ensuring the employment of disabled people, the procedure and conditions for recognizing a disabled person as unemployed, state incentives for the participation of enterprises and organizations in ensuring the livelihoods of disabled people .

In accordance with the federal laws “On social protection of disabled people in the Russian Federation” and “On employment in the Russian Federation”, the state provides disabled people with vocational education and training in accordance with an individual rehabilitation program and additional guarantees of employment through the development and implementation of targeted employment promotion programs , creating additional jobs and specialized organizations, conducting training under special programs, establishing quotas for hiring disabled people (at least 3% of the average payroll in organizations with more than 30 employees). Disabled people are provided with job guarantees. Perhaps the most important condition for ensuring the employment of disabled people is the presence in the organization of a quota for hiring disabled people and the creation of a minimum number of special jobs for them.

The responsibility of employers for failure to comply with the established quota for hiring disabled people is determined by the Regulations “On the procedure for making mandatory payments in the event of failure or impossibility to fulfill the established quota for hiring disabled people.”

These Regulations have been developed in accordance with the Laws “On Social Protection of Persons with Disabilities in the Russian Federation” and “On Employment in the Russian Federation”. At the same time, there are doubts about the very idea of quoting jobs for people with disabilities. Of course, there is scope for a serious conflict of interests between disabled people seeking employment, on the one hand, and the employer, whose main goal is the competitiveness of production on the open market. It is no coincidence that the current law on quotas has given rise to a widespread “workaround technology”, when the employer only formally hires disabled workers in order to avoid sanctions, but in reality they are unemployed. The quota system enshrined in law only seems to be a simple solution to the problem of employing people with disabilities. In reality, it is not very successful, unproductive and does not fit with the concept of vocational rehabilitation of people with disabilities. The quota system rarely aims to support people with disabilities in their career advancement, focusing mainly on low-paying, low-value jobs. Enforcing the law on quotas for the employment of persons with disabilities is quite difficult and undermines its legitimacy. It is still unlikely that strict compulsory procedures can have a big impact on changing the situation with the employment of people with disabilities and increasing the share of disabled workers in the total number of employees of organizations. Currently, the public employment service bodies that monitor the implementation of the legislation on quotas, due to a lack of funds and personnel, are not able to effectively monitor the implementation of the quota. In addition, employers can fulfill the quota provided that the work activity of the disabled themselves is sufficiently high. At the same time, there are a wide variety of assessments and opinions regarding the desire for employment of disabled people themselves. Majority

sociological surveys show that this desire exists and that the majority of disabled people want to work, but cannot find a job in modern conditions, although these estimates should be treated with a certain degree of caution. The Federal Law “On Social Protection of Disabled Persons in the Russian Federation” of November 24, 1995 established the provision that the state guarantees disabled people the necessary conditions for obtaining education and professional training. According to the Federal Scientific and Practical Center for Medical and Social Expertise and Rehabilitation, more than 60% of disabled people are of working age. The results of an analysis carried out, in particular, in the Tver region, showed that 20% of those newly recognized as disabled need vocational training. The need for professional rehabilitation is experienced by 63% of all citizens with disabilities, the vast majority of whom are disabled people of the second and third groups.

The need to obtain vocational education is established by medical and social examination institutions, which, on the basis of a comprehensive examination of a person, establishes the nature and degree of the disease that led to disability, the disability group, determines the work schedule of working disabled people, develops individual and comprehensive rehabilitation programs for disabled people, gives medical and social conclusions, makes decisions that are binding on government bodies, enterprises and organizations, regardless of their form of ownership. As of January 1, 2001, there were over 1,900 bureaus of medical and social examination and more than 300 Main Bureaus of medical and social examination operating in the country. However, practice shows that this number of these institutions is not enough. One of the main areas of support for people with disabilities is vocational rehabilitation, which is an important component of state policy in the field of social protection of people with disabilities. Higher education is becoming more accessible for this category of citizens; in institutions of secondary vocational education, the list of specialties offered to them for mastery is expanding, primarily due to modern professions that are competitive in the labor market. However, in the country as a whole, the needs of people with disabilities in vocational education are far from being fully satisfied. In some regions, vocational training for people with disabilities is carried out only in professions that do not require high qualifications, only in production conditions or at specialized enterprises of public organizations of people with disabilities. The needs of people with disabilities for vocational education are most fully met in large cities located in industrialized regions, while in small towns and rural areas the problems of vocational training for this category of the population are very acute.

The employment of disabled people is a complex and multifaceted process of their return or involvement in socially useful work in accordance with their state of health, abilities and personal inclinations, which is carried out through a system of state and public events carried out on an established organizational basis. The organizational basis for the employment of disabled people is its stages and complexity.

The first stage in the process of employment of disabled people is the examination of their ability to work and professional guidance during examination by a medical and social expert commission. At this stage, clinical, functional and professional diagnostics of sick workers takes place, and the clinical and labor prognosis is determined. Development of an individual rehabilitation program for a disabled person.

The next stage in the process of employment of disabled people, under certain conditions and the presence of need, is measures to prepare them for demonstration types of work. Vocational training is of particular importance for the further successful and stable employment of disabled people from childhood. The basic principles of rehabilitation of disabled people - the early start of activities and their continuity, an individual approach and the implementation of rehabilitation measures in a team - fully apply to employment. Preparation of disabled people for professional work is carried out in the form of vocational training in educational institutions of various types, including specialized ones, or directly in production. The fourth stage of employment of disabled people includes organizational issues of promoting the employment of disabled people, as well as subsequent monitoring of their rational employment.

The organization of work of disabled people at work largely depends on the nature of the disability. Special measures are necessary to adapt disabled people to work due to mental illness, diseases of the central and peripheral nervous systems. The organization of work for disabled people depends not only on the nature of the pathologies, but also on the degree of dysfunction of the affected systems. The organization of work of disabled people living in the city and in rural areas also has its own specific characteristics. The employment of citizens at industrial enterprises in various regions is ensured by a special set of organizational measures. It includes the creation of commissions for the employment of people with disabilities under trade union committees of large enterprises.

To ensure the relationship between departments of enterprises and officials, various services of the enterprise related to the employment of the contingent of working disabled people, a responsible official is allocated. In an enterprise with a small number of employees and, accordingly, disabled people among them, all of the above measures are carried out by an authorized representative of the administration or directly by the owner of the enterprise.

The most important direction in organizing the employment of disabled people at enterprises is the adaptation of production to the labor capabilities of disabled people with specific forms of pathology, the creation of special jobs for the employment of disabled people. This area of work includes adapting production equipment to a disabled person’s defect or disease. A number of organizational and organizational-technical measures carried out at enterprises ensure that disabled people themselves are prepared for work. These include, for example, providing disabled people with working devices for working prostheses and training in their use. An important direction in the organization of production for the rational use of the labor of disabled people is the use of special labor regimes, including providing disabled people with the opportunity to work a shortened working day, with additional breaks during the working day. In some cases, improving technology and modernizing production, eliminating heavy physical labor, expands the opportunities for rational employment of people with disabilities.

Organizational measures for the employment of certain categories of disabled people include the introduction of special personnel and management into the staff of the enterprise in the process of production activities. Some categories of disabled people, from among highly skilled workers, do not need management personnel, but auxiliary low-skilled labor to perform more difficult physical work, which has become inaccessible to them. They can also work as instructors, foremen, and supervisors.

All of the listed organizational measures can ensure the rational employment of people with disabilities, both in regular and specially created conditions, and are implemented as necessary at the relevant enterprises.

The organization of employment of disabled people in special workshops of enterprises is regulated by relevant provisions, taking into account the characteristics of the working contingent of disabled people. In a special workshop for disabled people with neuropsychiatric diseases, minor plumbing, assembly work, and so on are practiced. Group 2 disabled people are sent to special workshops for disabled people due to cardiovascular diseases. Sanitary and hygienic conditions in such workshops should provide for optimal temperature and humidity of the room, absence of dust, gas contamination, noise and vibration.

Special workshops for tuberculosis patients are intended for employment of group 3 disabled people as a result of this disease. Patients with common forms of pulmonary tuberculosis in the phase of disintegration and contamination and with symptoms of significant disorders of circulatory and respiratory functions cannot work in them. Work in such special workshops should not be associated with significant physical and nervous stress or an unfavorable microclimate. Products must be subject to appropriate disinfection. The production of children's products, for the food industry and public catering is not allowed.

Regulations on special workshops are drawn up on the basis of a standard design and approved by the local administration, taking into account local conditions. Along with special workshops, the employment of disabled people in specially created conditions is carried out at specialized enterprises, including educational and production enterprises of the All-Russian Society of the Blind, the All-Russian Society of the Deaf, enterprises of the All-Russian Society of Disabled People, as well as enterprises that previously belonged to the system of liquidated ministries of local, light industry and consumer services, and now representing

different organizational and legal forms and forms of ownership, but providing specially created working conditions for disabled people.

Specialized enterprises, if they include at least 30% of disabled people, enjoy tax and other benefits. All of the above principles of organizing the work of disabled people in specially created conditions can be implemented in modern production and in enterprises with various forms of ownership. The organization of labor at such enterprises, depending on the nature of the pathology of the working contingents, is based on the same principles as in special workshops of ordinary enterprises. Specific organizational measures are carried out at enterprises that provide work for disabled people in home-based conditions. When organizing home-based production, the enterprise administration provides homeworkers with everything necessary for their work, including materials and semi-finished products, as well as equipment. For those who have severe disabilities, individual work activities at home or self-employment are organized. These are mainly craft types of labor that do not require expensive equipment or raw materials: needlework, sewing, wicker weaving, making souvenirs, and so on. The level of organization of work for disabled people in industrial production is not the same in general enterprises, in specialized enterprises and in special workshops intended for the employment of disabled people with severe forms of pathology. The work of disabled people living in rural areas is still carried out mainly on collective and state farms, including those transformed into joint-stock companies and partnerships of various types. At the same time, various forms of organizing their work are used. Disabled people with limited ability to work are employed in various positions and workplaces in accordance with the labor recommendations of the medical and social expert commission. If there are a sufficient number of disabled people on the farm, special teams and units are formed from them, often with the participation of old-age pensioners and healthy people. Home-based work of disabled people in the production of industrial and agricultural products, as well as employment in subsidiary workshops and farms, is widely practiced. Until recently, social protection authorities played an important role in organizing the employment of people with disabilities, both in cities and in rural areas. In the district departments of social protection, the work of organizing the employment of disabled people was assigned to one of the inspectors in the city and regional departments - to workers in the sector for the employment and welfare of disabled people. This work included:-

registration of disabled people in need of employment;

Identification, with the participation of MSEC doctors at enterprises and institutions from the relevant territories and settlements, of jobs, professions and positions, types of work available to people with disabilities, assistance to enterprises in compiling a spectrum of professions and positions for preferential replacement by people with disabilities;

Checking the state of employment of people with disabilities at enterprises and the implementation of decisions of administrations and local councils on this issue;

Submitting proposals for improvement and improvement of the organization of work of disabled people for consideration by the local administration and preparing appropriate decisions. Work on organizing the employment of disabled people was included in the general work plan of social protection departments, which formed public councils of disabled people and age pensioners under the leadership of the employment sector.

Currently, in connection with the implementation of fundamental economic reforms, the organization of employment of disabled people is undergoing significant changes. In accordance with the Law “On Employment of the Population of the Russian Federation”, “On Social Protection of Disabled Persons in the Russian Federation” and the Decree of the President of the Russian Federation “On Measures for Professional Rehabilitation and Employment of Disabled Persons”, there was a significant redistribution of responsibilities in the field of social and labor rehabilitation of disabled people between social protection bodies and labor and employment authorities. The latter is responsible for professional counseling, career guidance, training and retraining of unemployed disabled people, maintaining and creating jobs for them, and their employment. In this regard, local labor and employment authorities must implement a comprehensive program to promote the employment of people with disabilities, which includes a number of diverse activities.

This is, first of all, the calculation of a differentiated quota for the employment of people with disabilities in enterprises of various profiles, benefits and penalties depending on its implementation, and the preparation of a draft of the corresponding regulatory document for the regional or municipal administration. This is the development of joint-stock enterprises, cooperatives and partnerships for the preferential placement of disabled people with the share participation of the employment fund. The program to promote the employment of disabled people also includes the creation of a specialized labor exchange for disabled people with a computer data bank on the labor market, including the labor force. Of course, it is necessary to have structural units in employment services for working with people with disabilities, staffed by trained specialists. Close interaction between such units and medical and social commissions is also necessary; the latter must provide employment authorities with information about the nature of the disease that caused the disability, the requirements for work accessible to a disabled person, the need for rehabilitation measures and the formulation of a labor recommendation. The experience of the Federal State Social Protection Service Department in the Tomsk region in solving the problem of employment of people with disabilities is interesting. In his work with disabled people, he is guided by the Laws of the Russian Federation “On Employment in the Russian Federation” and “On Social Protection of Disabled People in the Russian Federation”.

In 2002, 203.9 thousand people turned to the services of the regional employment service, which is every 3 citizens of working age. 52.7 thousand people were registered as job seekers, of which 34.7 thousand people (65.8%) received unemployed status. In the past year, compared to 2001, the number of disabled people using the services of the employment service increased 1.5 times and amounted to 1,373 people (552 disabled people in Tomsk). 1,226 disabled people, or 89.3% of the total number of disabled people who applied as job seekers, received unemployed status. At the beginning of 2003, 688 unemployed disabled people were registered with the employment service (68.6% more than at the beginning of 2002).

As of January 1, 2003, of the total number of officially registered unemployed disabled people, 50.3% lived in rural areas, while as of January 1, 2002 - 41.7%. The share of women in the total structure of unemployed disabled people has not changed over the last 2 years and amounted to 46.9%. With the assistance of the employment service, 510 disabled people were employed in 2002, including persons who applied for employment after completing their studies, which is 17.8% more than in 2001. Jobs for citizens with disabilities were selected in accordance with the individual rehabilitation program (IRP). In 2002, the Department of Social Protection developed the Regulations on the Individual Rehabilitation Program for Disabled Persons (IRP). Specialists from the employment service made their proposals for the medical and social examination bodies to fill out the IPR in terms of vocational rehabilitation. However, in practice, the problem remains of the vague formulation of recommended types of work in the IPR, which makes it difficult for our specialists to avoid setting initially unpromising targets for the employment of people with disabilities. Disabled people are selected from a general bank of vacancies that correspond to their work recommendations and professional skills. However, there are not many vacancies that can be filled by disabled people (about 250 vacancies during the year - 0.5% of the total number reported to the employment service). In order to expand employment opportunities for people with disabilities, the employment service continued to work on the implementation of the program "Organization of temporary employment

citizens in particular need of social protection" at the expense of budgetary funds. In 2002, under the conditions of supporting the income of unemployed citizens, 248 disabled people were employed in temporary jobs, which amounted to 48.6% of the total number of employed people in this category (in 2001 - 72 people .). Of these, 162 people were employed at the expense of the regional budget. The largest number of disabled people were employed in Tomsk - 106 people, in the Kolpashevo district - 35 people. In Tomsk, under contracts with employers, disabled people worked as accountants, administrators, social workers in the Tomsk regional branch of the all-Russian organization "Association of Young Disabled People of Russia" "Ramp", lawyer, forwarder in the Tomsk city public organization of disabled people "Invet"; historian in the Tomsk regional public institution "Human Rights Commission"; electrician, janitor, watchman, dispatchers, nurse, accountants, head of the sales department at city enterprises. After the expiration of the fixed-term contract, 9 people were employed on a permanent basis in Tomsk.

The Tomsk City Employment Center concluded an agreement with the Tomsk regional public organization of parents and guardians of disabled children "Forget-Me-Not", according to which jobs were created for 14 disabled children of groups I and II with mental and physical disabilities. Disabled people, under the supervision of educators and rehabilitation specialists, performed work such as washing and ironing clothes, cleaning areas, and planting flower seedlings and seedlings on lawns. The duration of work of each disabled person ranged from 3 to 5 hours a day (according to the labor recommendations of the IPR).

In 2002, with the assistance of the Kolpashevo city employment center, 30 disabled people of group III were employed under the program “Employment of persons in particular need of social protection.” Agreements were concluded with the following enterprises: Kolpashevo District Society of Disabled People, Shipyard, municipal training center "School of Arts", Administration of Kolpashevo District, kindergarten No. 20, kindergarten "Golden Key", Committee for Culture, Youth Policy and Sports, Electronic Warfare of the Fleet PGO , JSC "Metallist", Center for Social Services to the Population, JSC Avtotransportnik, branch of the pedagogical college, LLC Kolpashevo city road networks, Kolpashevo central hospital, recreation center "Lesawpilshchik", Togur kindergarten "Ivushka", Togur school, Togur Resurrection Church, etc.

Disabled people worked in such specialties and professions as: accountant, graphic designer, steering mechanic, salesman, turner, forwarder, industrial cleaner, watchman, janitor, sister-hostess. fireman, nurse, worker. Of the 30 people who participated in the program, 10 people were employed permanently after the expiration of the contract. In the city of Seversk, as part of the implementation of this program and in accordance with the concluded agreements, 6 people with disabilities were employed. Of these: 4 people are employed as watchmen, 1 person as a cleaner of office premises and 1 person as a paramedic. Financial costs for the implementation of this event in the region as a whole amounted to 3098.3 thousand rubles, of which federal budget funds amounted to 1750.2 thousand rubles. (56.5%), regional and local budgets - 1020.1 thousand rubles. (32.9%), employer funds - 328.0 thousand rubles. (10.6%). Unemployed disabled people were given the opportunity to participate in public works. 39 people took advantage of this opportunity. For example, the Tomsk City Employment Center, together with the Tomsk Clinical Psychiatric Hospital, organized paid public works for the labor rehabilitation of disabled people of groups II and III. As part of the agreement, 21 disabled people were employed under the terms of income support for unemployed citizens. Disabled people performed auxiliary work in the bakery, cardboard and sewing shops. To better inform people with disabilities on issues of labor and employment legislation, specialists from the employment service have set up a stand in the building of the state medical and social examination service. In city and regional employment centers, every disabled person who applies for assistance in finding employment receives instructions and recommendations for actively searching for work, compiled by employment service specialists. Specialists of the Tomsk City Employment Center have established relationships with specialized boarding schools in Tomsk in order to provide more complete information on employment issues for disabled people and orphans. For example, a meeting was organized with graduates of specialized boarding school No. 15 for deaf and hard of hearing children and their parents. Graduates received information about

possible employment options, the procedure and conditions for registering with the employment service, consultations on labor and employment legislation.

New forms of interaction have emerged between the Seversk employment center and the city public organization of the All-Russian Society of Disabled People. Within the framework of the “Agreement on Joint Activities”, in order to exchange experience in promoting adaptation to the labor market of this category of citizens, specialists from the employment center held a seminar on the topic “Ensuring employment and employment of people with disabilities.” The seminar covered issues of professional rehabilitation of disabled people, the procedure and conditions for recognizing disabled people as unemployed, opportunities for organizing entrepreneurial activities and vocational training for disabled people. Employment center specialists assisted the NGO All-Russian Society of Disabled People in conducting a sociological survey “Level of legal literacy of members of the city branch of the All-Russian Society of Disabled People.” In addition to identifying the level of legal literacy of people with disabilities, the purpose of the survey was to find out the motivation to work among members of the Society of People with Disabilities. In general, it is not high: about 12% of respondents have a job, more than half (58.1%) of the surveyed non-working disabled people do not want to work. An increased desire to find work was shown by group III disabled people with general secondary education, as well as young people under the age of 29 (23%).

The Law of the Russian Federation “On Social Protection of Disabled Persons” is intended to provide additional guarantees in the implementation of the right to work of disabled people. As part of the implementation of this Law, in 2002 local governments established a quota of 1091 jobs for the employment of people with disabilities. 95 jobs were reported to the employment service against quotas. All of them employ disabled people. The Law of the Tomsk Region “On quotas for jobs for persons in particular need of social protection and experiencing difficulties in finding work” is in force in the region. However, the implementation of this law is difficult and not fully implemented. Problems arising in the implementation of the law were considered twice at a meeting of the Coordinating Committee for the Promotion of Employment (09.21.2001 and 10.10.2002), and were discussed in the Committee on Labor and Social Policy of the State Duma of the Tomsk Region. The implementation of this law was checked by the regional prosecutor's office. Most enterprises and organizations do not inform local governments, city and district employment centers about the creation and preservation of quota jobs. This does not allow us to quickly solve the problem of employment of unemployed citizens belonging to a socially weakly protected category of the population.

In 2002, resolutions of the heads of municipal administrations provided for the creation and preservation of more than 3.5 thousand jobs at 422 enterprises for people in particular need of social protection. The resolutions were not adopted in the city of Tomsk, Seversk, Kargasoksky and Tegulsky districts; in the Parabelsky district the resolution was adopted only at the end of 2002. In accordance with the decision of the Coordination Committee, held in October 2002, the heads of city (district) administrations were recommended, together with the directors of employment centers, to adopt a resolution and the necessary regulatory documents on job quotas for 2003 by January 1, 2003. Currently, relevant resolutions have been adopted in 16 municipalities. In Tomsk, Seversk, Kolpashevo and Chainsky districts, draft resolutions are being approved by local governments. In order to implement in full the Law of the Tomsk Region “On quotas for jobs for persons in particular need of social protection and experiencing difficulties in finding work,” the participants of the Coordination Committee invited local governments to use funds from local budgets allocated for the implementation of the district (city) assistance program employment. On the basis of contracts concluded in the prescribed manner, reimburse the costs of employers for remuneration of unemployed citizens employed in the direction of employment centers against the established quota. When solving the problems of social and labor rehabilitation of disabled people and their rational employment, the efforts of all levels involved in this matter will be useless, and the effectiveness of work will be low if the disabled person himself does not actively contribute to this.

In order to acquire the skills to independently search for work and restore the motivation for work of unemployed disabled people, the employment service carries out work on the social adaptation of citizens in the labor market through the implementation of the “Job Seekers Club” and “New Start” programs. 68 unemployed disabled people participated in these programs. After undergoing social adaptation in the clubs, 18 people were employed. This work is most actively carried out by the Tomsk City Employment Center. Here in 2002, a specialized club “Perspective” began operating for the disabled and people with limited ability to work. The purpose of the club’s activities is psychological support for people with disabilities, assistance in self-realization, and adaptation to work in market conditions. TGCZN specialists developed a curriculum and prepared methodological materials. A block of classes “Building Confident Behavior” has been developed specifically for this club, the purpose of which is to teach skills

self-regulation, activation of internal resources and correction of unfavorable conditions. 20 people became members of the club. After completing classes at the club, 30% of students decided to acquire a new specialty and were sent to vocational training.

In the Kolpashevo district, disabled people take part in the work of the club for the unemployed “Active Job Search”. In addition to group classes, individual work is carried out with them. Of the 13 disabled people participating in the club, 9 people found work. In the city of Seversk, for the first time, within the framework of the Job Search Club, group classes were held for unemployed disabled people who had been registered with the employment center for a long time. The classes discussed issues of psychological support and legal protection of the rights of unemployed citizens. A group of club program participants was informed about the conditions for participation in the active employment policy program "Organization of temporary employment of citizens in particular need of social protection." 9 disabled people took part in the work of the club. In other districts and cities of the region, work on the social adaptation of disabled people is carried out through the work of the “Job Seekers Club”, the “Choice”, “Business Start” clubs, whose listeners in 2002 were 26 disabled people.

The system of vocational guidance and psychological support for citizens is one of the effective and low-cost areas of active employment policy for people with disabilities. During 2002, 51.9 thousand people received vocational guidance services, of which 623 were disabled (1.4 times more than in 2001). The qualification level of disabled people who applied to the employment service remains low, covering a narrow list of professions and specialties. At the same time, disabled people who have undergone vocational training, retraining or advanced training have a better chance of finding employment. Thus, out of 34 disabled people who completed training in the direction of the employment service in 2002, 33 people found work.

In 2003, an application PU-12 was submitted for a competition to place orders for vocational training for unemployed citizens to train disabled people to be a tailor, but this is clearly not enough. In order to expand employment opportunities, specialized job fairs for people with disabilities were held in 2002. In total, 252 disabled people took part in job fairs, including specialized ones, 67 of whom were employed. The most active work in this direction was carried out in Tomsk. 130 disabled people took part in the fairs. 39 applications were submitted from industrial enterprises, housing and communal services, healthcare, construction, and transport institutions.

vacancies for employment of disabled people. All vacancies were in demand for people with disabilities.