and in general, the employer looks at the IPR and follows these recommendations?

and in general the employer looks at the IPR

Employers rather look at a person and his professional abilities. Then they draw conclusions.

As for the ability to work - first, how is it? the smallest choli?

1st degree - ability to perform work activities in normal conditions labor with a decrease in qualifications, severity, intensity and (or) reduction in the volume of work, inability to continue working in the main profession while maintaining the ability to perform lower-skilled work under normal working conditions; This is from "Criteria9 More:

10. The criterion for determining the third group of disability is a violation of the health of a person with a persistent moderate disorder of body functions, caused by diseases, consequences of injuries or defects, ____ leading to a limitation of the ability to work of the first ____ degree or a limitation of the following categories of life activity in their various combinations and necessitating it social protection:

Well, it’s unlikely to work in a nutshell, but I’ll try it simpler. If your work involves physical activity, long walking, then you will be advised to limit or eliminate these loads - lifting weights of no more than 5 kg, working in an office environment or in conditions not associated with long-distance walking. If you are a person of mental work, then these will be restrictions on working time, i.e. an additional day off per week or a limitation of the working day by one hour.

I can answer in more detail in a private message.

in a nutshell, it can be simpler

I have the 3rd group, 1st degree. At first I passed the commissions every year, then they gave me an indefinite term. The HR department told me to write that I can work in the specialty that I work now (weigher). When they issued the IPR, I asked them to write to me that I can work in this specialty, they wrote so, they added more professions and also wrote that standing for long periods of time and physical activity are contraindicated. Although in winter you have to clear snow quite a lot, but this is instead of physical exercise.

Contraindications are written in clumsy handwriting, something about work related to walking.

The company plans to hire a disabled person (Sventikhovskaya O.V.)

Article posted date: December 23, 2014

As part of the quota, employers are required to hire people with disabilities. How are the disability group and the degree of limitation of ability to work interconnected? What disability documentation must an employee provide? What working conditions should he be created and what benefits should he be provided?

A quota is the minimum number of jobs for which disabled people must be accepted (Definition of the Supreme Court of the Russian Federation dated May 11, 2011 N 92-G11-1).

The quota size is established in each subject of the Russian Federation. The fact that the quota has been fulfilled confirms the existence of an employment contract, which was valid for at least 15 days in the current month. This is stated, for example, in paragraph 1 of part 3 of Art. 2 of the Law of Moscow dated December 22, 2004 N 90.

A certificate confirming the fact of disability, indicating the disability group;

Individual rehabilitation program.

This is stated in paragraph 36 of the Procedure for recognizing a person as disabled, approved by Decree of the Government of the Russian Federation of February 20, 2006 N 95.

Reference. The form of the disability certificate is approved by Order of the Ministry of Health and Social Development of Russia dated November 24, 2010 N 1031n. The certificate indicates the disability group.

Rehabilitation program. Form individual program rehabilitation (IPR) is approved in Appendix No. 1 to Order of the Ministry of Health and Social Development of Russia dated 04.08.2008 No. 379n.

The IPR, in particular, indicates the disability group and the degree of limitation of the ability to work.

Please note: the concept of “disability group” is based on a general limitation of life activity caused by a violation of human health. This is a broad concept, including, in particular, the possibility of self-care for a disabled person.

For the employer, the degree of limitation of ability to work is more important. In order to understand whether a disabled person can be hired for a job, you need to look at the IPR to see what degree of disability is assigned to the candidate.

Characteristics of work that can be performed by an employee with limited ability to work

1st (minimal impairment of body functions)

An employee can perform work under normal working conditions, but with a decrease in qualifications, severity, intensity and (or) a decrease in the volume of work.

The employee is unable to continue working in his main profession, but can perform lower-skilled work under normal working conditions

An employee can work in specially created conditions using auxiliary technical means

3rd (maximum impairment of body functions)

An employee may work with significant assistance from others.

The employee is contraindicated for any work due to existing disabilities

Which disabled people can be hired?

As for the 3rd degree, it is established for the most severely ill patients. A disabled person with a 3rd degree disability, in which he is able to perform individual species work with the help of other people and such work is available in the company, you can hire it. Employment is excluded only if the disabled person is classified as 3rd degree due to the inability to carry out work activities.

The fact of complete loss of professional ability to work must be recorded in the IPR. In paragraph 6 of the program it should be written that the employee is completely incapable of working - simply indicating the 3rd degree of limitation of ability to work in this case is not enough.

Please note: in practice, the 3rd degree of limitation of the ability to work is established only in the case of a complete ban on work. This is confirmed by the fact that vocational rehabilitation measures, which are part of the IPR, are developed only for disabled people with disabilities of the 1st and 2nd degrees.

Refusal of a disabled person from the IRP as a whole or from the implementation of its individual parts:

Releases the employer from liability for its implementation;

Does not give a disabled person the right to receive compensation in the amount of the cost of rehabilitation measures provided free of charge.

This is stated in parts 5 and 7 of Art. 11 of Law No. 181-FZ.

If the individual rehabilitation program does not contain the phrase about total disability and the employee has refused in writing part of the rehabilitation measures or the entire program as a whole, we believe that the disabled person’s work in the organization is possible, both on a part-time basis and in a regular mode.

For disabled people of group III, reduced working hours are not provided for by law, therefore, the normal working hours apply to them - 40 hours per week (Part 2 of Article 91 of the Labor Code of the Russian Federation).

Based on a written application, the employer is obliged to provide a disabled worker with unpaid leave for up to 60 days. calendar days per year (Part 2 of Article 128 of the Labor Code of the Russian Federation).

Employees who became disabled as a result of the disaster at the Chernobyl nuclear power plant are provided with additional paid leave of 14 calendar days (clause 5 of Article 14 of the Law of the Russian Federation of May 15, 1991 N 1244-1).

And disabled Chernobyl survivors and military personnel who became disabled of groups I, II and III due to injury received while performing military service duties have the right to claim a deduction in the amount of 3,000 rubles. throughout the entire calendar year (paragraph 3 and 15 paragraphs 1 paragraph 1 of Article 218 of the Tax Code of the Russian Federation).

Please note: on the website e.zarp.ru you can get personal advice on settlements with employees.

There are no medical contraindications to performing harmful or heavy work of the 1st or 2nd class of hazard, provided that it is performed under reduced working hours;

Professionally significant functions were partially preserved;

It is possible to partially or fully compensate for lost professionally significant functions with the help of auxiliary technical means (for example, typhlotechnical, audiological), ergonomic adaptation of the workplace, adaptation technological process to the specific pathology of a disabled person, as well as with the help of other persons.

It is possible to attract disabled people of groups I and II with 2nd degree of restriction to work if the employer, if necessary, can:

Employ them in jobs with optimal and acceptable (1st and 2nd class) working conditions;

Significantly reduce their working hours;

Establish preferential production standards;

Introduce additional breaks;

Create a specially equipped workplace;

Allow work to be done partially or completely at home, etc.

When hiring a disabled person, the company is obliged to provide the working conditions specified in the section "Recommendations on contraindications and available conditions and types of labor" IPR (Article 224 of the Labor Code of the Russian Federation).

Or he can work with significant help from others;

Or any work is contraindicated for him.

It happens that work is contraindicated, but a disabled person can do something useful. If a company is interested in services within its capabilities, it has the right to enter into a civil contract with a disabled person. There is no prohibition on this in the Civil Code.

If you do not find the information you need on this page, try using the site search.

A lot is said and written about the notorious Federal Law No. 122. Basically, these are materials of extremely critical content, because the law has given so many reasons for dissatisfaction that a separate manual can be devoted to this. Therefore, we will focus only on those issues that directly relate to the employment of people with disabilities.
The first, which we will not consider in detail, is changing the provisions on the job quota system for people with disabilities. They consist of increasing the average number of employees of the organization from 30 to 100 people so that it falls under the norms of job quotas for people with disabilities, and in canceling the provision on mandatory payments by the employer to a special fund for non-compliance with these norms. This, of course, transferred the system of quotas for jobs for people with disabilities more to a declarative state than to the state of a really working system capable of solving the problems of employment of people with disabilities. But, in general, it had not worked effectively in almost any region of the Russian Federation (Moscow can be considered an exception to some extent) and did not directly affect the majority of disabled people. We can say this at least by the example of the fact that the introduction of a job quota system for people with disabilities has nowhere been able to solve the problems of employment of people with disabilities. This helped through administrative penalties from employers who do not want or do not have the ability to employ people with disabilities against a quota, support specialized enterprises, or create special jobs for people with disabilities (as in the city of Moscow). But this affected only a portion of disabled people, while the majority of people with disabilities did not notice it. But another change, namely the transfer of state social benefits depending not on the disability group, as was previously the case, but on the degree of limitation of the ability to work, became a serious blow to almost all disabled people in our state.
But here, first of all, it is necessary to maintain historical justice and destroy one of the very common myths - the degree of limitation of the ability to work, as one of the criteria for determining disability factors, was developed and approved for action long before Federal Law No. 122 came into force. Concept "the degree of limitation of the ability to work" was introduced by the Decree of the Ministry of Labor and social development Russian Federation dated January 29, 1997 No. 1 “On approval of classifications and temporary criteria used in the implementation of medical and social examination.” The ability to work is defined in it as the ability to carry out activities in accordance with the requirements for the content, volume and conditions of work. This criterion is included in a number of other limitations in the ability to live of a disabled person, along with the criteria:
self-care ability;
ability to move independently;
ability to learn;
ability to communicate;
the ability to control one's behavior.
Each limitation has a classification according to its severity, indicated by the corresponding degree. In particular, the limitation of the ability to work is classified in the Decree of the Ministry of Labor and Social Development of the Russian Federation of January 29, 1997 No. 1 “On approval of classifications and temporary criteria used in the implementation of medical and social examination”, as follows:
1st degree - the ability to perform work activities subject to a decrease in qualifications or a decrease in the volume of production activities, the impossibility of performing work in one’s profession;
2nd degree - the ability to perform labor activities in specially created conditions with the use of auxiliary equipment, and (or) a specially equipped workplace, with the help of other persons;
3rd degree - inability to work.
These classifications were considered in this Resolution only as criteria for further establishing the disability group. The criteria for determining the disability group in it are social insufficiency, requiring social protection or assistance, due to a health disorder with a persistent, significantly pronounced disorder of body functions, caused by diseases, consequences of injuries or defects, leading to a pronounced limitation of one of the categories of life activity or a combination of them.
It is interesting that in the criteria for establishing the first disability group, the degree of limitation of the ability to work, unlike the five other degrees of disability, does not appear. To establish the second disability group, the ability to work must correspond to the second or third degree, and for the third disability group - to the first degree. In accordance with the Decree of the Ministry of Labor and Social Development of the Russian Federation of January 29, 1997 No. 1 “On approval of classifications and temporary criteria used in the implementation of medical and social examination”, the degree of disability affects the assignment of a disability group, but not vice versa. But it is also necessary to take into account the psychological factors of correspondence between the degree of limitation of the ability to work and the disability group, as well as the fact that the vast majority of disabled people by the time of the next examination at the medical and social examination service already had an established disability group. And many disabled people, if they want to draw up an individual rehabilitation program for themselves, undergo an examination with a disability group established indefinitely.
That is, specialists ITU Bureau in many cases we have to deal with the reverse process - a person has a disability group, and he needs to be assigned degrees of disability. In this case, the degree of disability is established in accordance with the disability group, otherwise there will be a violation of the provisions of the Resolution we are examining. Let us recall that the degree of limitation of the ability to work is not clearly linked to the disability group (unlike other criteria for disability, where there is a clearly defined connection), and this leaves the task of assigning the degree of limitation of the ability to work depending on the opinion of medical staff. social expertise.
Now let's take a closer look at the classification according to the severity of limitations in the ability to work. First of all, we note that the formulation for defining a person with a third degree disability, “inability to work,” simply does not stand up to criticism. If you approach this criterion strictly, then not a single person will fit it. A lawyer I know from the city of Samara told a story about how in France one girl, who is completely immobilized and does not speak, successfully works as a model in art schools. And her disability, on the contrary, helps in this difficult profession, since it is easier for her than for others not to move for a long time. This example shows that, subject to certain conditions, everyone can work. And neither disabled people who move in wheelchairs (even if they have damaged cervical vertebrae and weakened hand activity), nor the completely blind, nor people with Down syndrome (this list can be continued for a long time) cannot be classified as the third degree of limitation of the ability to work. They can all definitely work. Some - when creating the necessary conditions for them in the workplace, some - only in a limited number of specialties, others - only at home, but all of them can work. And if we strictly adhere to the wording “inability to work,” then none of them should be assigned a third degree of restriction of ability to work.
And you can approach the consideration of the above situations from the other side. Man walking on wheelchair, due to architectural inaccessibility, cannot leave his house, due to inability public transport It is impossible for him to get to his intended place of work, and he cannot work from home due to the lack of a telephone and cramped living conditions. That is, this disabled person is able to work due to his health, but cannot work due to social factors in his life. And this can also be recognized as “inability to work.” The same arguments can be made for people with other types of disabilities. These arguments are more than enough, but the whole question is who will evaluate them and how. Moreover, the Decree of the Ministry of Labor and Social Development of the Russian Federation dated January 29, 1997 No. 1 “On approval of classifications and temporary criteria used in the implementation of medical and social examination” states that the criteria for establishing a disability group are precisely the social problems of the individual due to his limitations in health capabilities. And the consideration of social factors is such a subjective process that it can be summed up unified classification is not possible, as clearly demonstrated by the indicated Resolution.
What is also noteworthy is how unclear the wording used in the Resolution is and allows a person with one type of disability to be assigned to different degrees depending on his profession. Let's give an example: a man worked as a miner, but as a result of an injury he lost his sight. Of course, he is supposed to be assigned a second or even third degree of restriction of his ability to work, since to work he now needs a change of profession and the creation of special working conditions in a new workplace, and if all this is not available to him, then he will be “incapable of labor activity". And if the same person worked as a massage therapist before receiving disability, and even received some of his clients at home, then to continue his professional career he only needs to reduce the amount of work he performs, or even this is not required. All this only amounts to the first degree of limitation of the ability to work, or even its absence, a kind of “zero” degree, when a disabled person does not need anything to continue working in his specialty. additional conditions or rehabilitation measures. At first glance, everything seems logical and correct, but at the same time two insoluble questions arise.
The first question is who and how will assess the level of professional suitability of a person after receiving a disability (the ITU service employs mainly specialists medical profile). When examining for disability, entries in the work book are not taken into account; accordingly, there is no way to determine whether a person will be able to continue working in his previous specialty. And even if employment history is it being considered whether it will provide much information about a person’s professional capabilities? Hardly. There are no mechanisms or procedures to obtain information about a person’s professional capabilities. Therefore, the basis for making a decision on the suitability of a disabled person for one or another degree of ability to work remains the subjective opinion of medical and social experts, which can only be based on the level of their knowledge, impressions of the capabilities of a particular person and information provided by the disabled person himself. Indeed, it would be strange to imagine how an ITU employee calls the colleagues of a person undergoing a disability examination to testify, or himself travels to the organizations where he worked. But what about a disabled person who has no work experience? Assess its level vocational education, and on its basis make a verdict on the degree of limitation of the ability to work? This will be an even more subjective opinion.
The second insoluble question is the problem of a possible change in the position of a person with a disability in the labor market. That is, let’s assume that a disabled person, who, due to his professional status, has been given a reduced degree of limitation in his ability to work, will lose his job, which is quite common in today’s socio-economic conditions. And it is likely that it will be difficult for him to get a job in new organization(if this were not so, then in our country there would not be a problem in employing people with disabilities). But will the disabled person in this case be automatically increased in the degree of limitation of their ability to work? No, this will be possible only during the next disability examination, which, in accordance with current legal regulations, is carried out no more than once a year. So a situation arises where people with the same limitations due to disability can have completely different degrees of limitation in their ability to work, and all this is very dependent on subjective factors.
On August 22, 2005, a new Resolution of the Ministry of Health and Social Development of the Russian Federation No. 535 “On approval of classifications and criteria used in the implementation of medical and social examination of citizens by federal state institutions of medical and social examination” was adopted. But it did not make noticeable changes to the existing system of classification of degrees of disability to work. The only innovation concerned the definition of the third degree of limitation of the ability to work, which, in addition to the inability to work, was now supplemented by the impossibility (contraindication) of work.
This has further increased the dependence of a person with disabilities on subjective assessment its possibilities on the part of ITU specialists, because what is “contraindicated for work activity” is not stated anywhere. And it turns out that under the plausible pretext of protecting the health of a disabled person, medical and social examination staff can literally impose a ban on his desire to work. This looks more like discrimination, when some people decide for other people (in this case, ITU specialists for people with disabilities) what they can and cannot do.
Some clarity in the process of determining each degree of limitation of the ability to work was brought by the criteria for their establishment, which we present below:
IV. Criteria for establishing the degree of limitation of ability to work
8. Ability to work includes:
human ability to reproduce special professional knowledge, skills and abilities in the form of productive and efficient work;
a person’s ability to carry out labor activities in a workplace that does not require changes in sanitary and hygienic working conditions, additional measures on the organization of work, special equipment and equipment, shifts, pace, volume and severity of work;
a person's ability to interact with other people socially labor relations;
ability to motivate work;
ability to adhere to work schedule;
ability to organize the working day (organization of the labor process in a time sequence).
9. Assessment of indicators of ability to work is carried out taking into account existing professional knowledge, skills and abilities.
10. The criterion for establishing the 1st degree of limitation of the ability to work is a health disorder with a persistent moderately severe disorder of body functions, caused by diseases, consequences of injuries or defects, leading to a decrease in qualifications, volume, severity and intensity of work performed, the inability to continue working in the main profession with the ability to perform other types of lower-skilled work under normal working conditions in following cases:
when performing work under normal working conditions in the main profession with a decrease in the volume of production activity by at least 2 times, a decrease in the severity of work by at least two classes.
when transferred to another job of lower qualifications under normal working conditions due to the inability to continue working in the main profession.
11. The criterion for establishing the 2nd degree of limitation of the ability to work is a health disorder with a persistent pronounced disorder of body functions caused by diseases, consequences of injuries or defects, in which it is possible to carry out work activities in specially created working conditions, with the use of auxiliary technical means and (or ) with the help of other persons.
12. The criterion for establishing the 3rd degree of limitation of the ability to work is a health disorder with a persistent, significant disorder of body functions, caused by diseases, consequences of injuries or defects, leading to complete inability to work, including in specially created conditions, or contraindication to work .
Despite the fact that the criteria for establishing each degree of limitation of the ability to work necessarily contain the words “impaired health with a persistent significant disorder of body functions caused by diseases, consequences of injuries or defects”, they are still based on social factors. This is clearly demonstrated by all the provisions from paragraph 8 about what the concept of “ability to work” includes. How else can one evaluate, for example, a person’s ability to reproduce special professional knowledge, skills and abilities in the form of productive and effective work, a person’s ability to interact with other people in social and labor relations, or the ability to comply with a work schedule, except through the prism of his professional capabilities and the specialty in which he works/can, wants to work.
But, literally directly, the Resolution speaks about the social factors of the criteria for establishing the degrees of limitation of the ability to work in paragraph 9, which states that “the assessment of indicators of the ability to work is carried out taking into account existing professional knowledge, skills and abilities.” That is, it is officially recognized that for disabled people with the same limitations in health, but at different educational levels and/or in different professions, different degrees of limitation of ability to work can (and even should) be established.
The previously described problems remain and even become even more relevant and, in today’s situation, have no solution. It is difficult to imagine how ITU staff can assess the professional knowledge, skills and abilities of a person with a disability. It is only likely that, by analogy with medical and social examination, a professional examination will be carried out, based on the demonstration by disabled people of their skills in their specialty. For example, a shoemaker will show how quickly and skillfully he repairs shoes, and on the basis of this, ITU specialists will draw some conclusions and determine the degree of limitation of his ability to work. Agree - an absurd situation. Perhaps it is precisely for this purpose that the new Decree of the Government of the Russian Federation “On the procedure for recognizing citizens as disabled” provided for the possibility of attracting employees from other departments. In accordance with the new rules, representatives of state extra-budgetary funds, the Federal Service for Labor and Employment, as well as specialists of the relevant profile can participate in conducting a medical and social examination of a citizen at the invitation of the head of the bureau. But what comes out of this, and what will happen in practice, is a big question.
It turns out that there is a contradiction and inconsistency between the fact that the determination of the ability to work and the assessment of indicators of the ability to work are made on the basis of social factors, and the criteria for establishing the degrees of limitation of the ability to work rely more on medical components. That is, the grounds for establishing the degree of limitation of the ability to work are limitations in the capabilities of a person with a disability due to health problems, which necessarily lead to the need for his social protection.
Let us return to the already cited example of a miner who lost his sight. Do you think he will be given a third degree of disability to work, since his professional knowledge and work skills do not allow him to continue working in his previous specialty, or a second degree, since based on medical indicators he certainly cannot be recognized as “incapacitated”? The second option is more likely, because the criteria for establishing the third degree now include “impaired health... leading to complete inability to work,” but even a blind miner will no longer be able to work in the socio-economic conditions of his region. A logical question arises: why do the criteria for establishing the degree of limitation of ability to work do not take into account the possibilities of the local labor market and the conditions for employment of people with disabilities in the region? For example, in rural areas, a person with a disability has much fewer opportunities for work than city residents and, probably, the degree of limitation in the ability to work should be higher. Although, again, who will determine these “regional coefficients”?
The issues of criteria for establishing ability to work remained not entirely clear even after the publication of the new Resolution, which in the conditions of our state leaves a wide field for different interpretations and a variety of practical situations. But we will talk about this further.
All of the above would not be of fundamental importance if we were not talking about the amount of cash payments from the state. Before January 1, 2004, few disabled people knew or thought about the degree of limitation in their ability to work that the ITU bureau had established for them. In disability certificates, the degree of limitation of the ability to work was not reflected and it (the degree) did not in any way affect the future life of the disabled person. But the “time bomb” had already been laid and was waiting in the wings.
And here it is necessary to destroy another myth. Base size labor pension disability was tied to the degree of limitation of the ability to work, not in accordance with Federal Law No. 122, but thanks to the legal norms of Federal Law No. 173 “On Labor Pensions in the Russian Federation,” adopted on December 17, 2001. The entry into force of these provisions was postponed until January 1, 2004, and for disabled people who were assigned a labor disability pension before this date, well-known disability groups were used as criteria. Article 31, paragraph 4 of Federal Law No. 173 “On Labor Pensions in the Russian Federation” provided that when labor pensions are established before January 1, 2004, entitled to persons with disabilities of the 3rd, 2nd and 1st degrees, the following applies respectively: 1 , 2nd and 3rd disability groups. Now disability groups no longer have any practical significance, and the degree of limitation of the ability to work comes to the fore. Naturally, the highest amounts of basic labor pension payments are provided for the third degree of limitation of ability to work, smaller amounts for the second degree and even smaller amounts for the first.
The difference in the amount of the basic labor pension for disabled people with different degrees of limitation in the ability to receive a labor pension is quite significant. It increased even more when, on January 1, 2005, provisions came into force to replace lost benefits for people with disabilities with cash payments. It is interesting that all benefits were provided to disabled people precisely in accordance with the disability group established for them, and compensation payments are provided based on the degree of limitation of the ability to work. This is a very serious matter and may be subject to litigation. Let us remind you that at the moment the amounts compensation payments for disabled people for benefits is:
1. for III degree - 1400 rubles
2. for II degree - 1000 rubles
3. for I degree - 800 rubles
4. if the degree is not established - 500 rubles
The transfer of the amount of government cash payments depending on the degree of limitation of the ability to work has brought many social problems for people with disabilities. First of all, many disabled people are faced with the problem of choice. This choice is somewhat conditional, because it is, of course, specialists in medical and social expertise who determine what degree of limitation in the ability to work is assigned to a particular person with a disability. But, we have already considered the entire subjectivity of this process, and a lot depends on what goal the disabled person sets for himself. Of course, any person wants to receive a large state pension, but the ability to work is an important component of the economic independence of any citizen. And the following situation arises: if a disabled person is assigned a third degree of disability, then he receives the maximum amount of the basic disability pension and compensation payments for benefits, but is officially recognized as a disabled person. And if he wants to work and seeks to establish a lower degree of limitation on his ability to work, then the amount of state social payments due to him is immediately reduced. That is, disabled people in our state have been deprived of their motivation to work.
Theoretically, if a person with a disability has been assigned any but the third degree of restriction of ability to work, and he does not have a job, he can register with the state employment service as an unemployed citizen and receive unemployment benefits. But we must take into account the complexity of this procedure for people with disabilities, because there are almost no architecturally accessible local employment centers, there is no system for providing services for the blind and people with disabilities. disabilities hearing, and every time you re-register monthly you have to stand in a long line. In addition, the vast majority of disabled people do not have work experience, which means they can only count on a minimum unemployment benefit in the amount of the minimum wage (currently 720 rubles), which cannot fully compensate for the losses in the basic labor pension for disability and benefits payments.
It is also necessary to take into account the influence of relatives on the choice of a person with a disability and the fact that government employment programs are ineffective and do not guarantee a disabled person that he will be able to get a job and compensate for his financial losses in the amount of a pension. And it is not difficult to imagine that as a result, a person with a disability will prefer a reliable state pension in the maximum amount to the complex, and not guaranteeing success, process of finding a job.
Below we provide an excerpt from a description of the situation with the employment of people with disabilities in one of the regions of the Russian Federation, which is evidence of the difficult prospects for their employment, including through government agencies.
Since last year, the number of applications from people with disabilities to the employment service has increased significantly. In 2004, the number of people wishing to find a job was 40% higher than the previous year and amounted to 1 thousand 850 people - this has not happened in the entire history of the Ivanovo employment service. This year the trend continues. However, the number of jobs and potential workers applying for them are completely incomparable quantities. The Electro enterprise is also unable to improve the situation in any way. More than 70 disabled people working there have already received notice of dismissal. Mandatory quotas were considered the only solution to the problem of employment of disabled people.
In the process of finding employment for people with disabilities, we have repeatedly had to deal with situations where medical and social experts themselves sought to assign a person with a disability a third degree of limitation in their ability to work. When Svetlana S. from Moscow (at her request we do not indicate her last name), who uses a wheelchair, underwent another re-examination for disability in 2004, her “kind” employee of the ITU bureau even persuaded her to agree to the third degree. This was justified simply: Svetlana was assigned the first group of disability for an indefinite period, and if she was given a second degree of limitation in her ability to work, then her pension would immediately decrease by almost a thousand rubles and it would no longer be possible to return it back to the maximum amount. Svetlana agreed with these arguments and lost the opportunity to work in the future.
We have repeatedly heard from lawyers, representatives of the public and government agencies the opinion that the third degree of limitation of the ability to work does not at all prevent a person with a disability from working. At the interregional conference “Employment of Disabled People: An Integrated Approach,” which our organization organized and held at the Izmailovo hotel complex in November 2004, one very senior official of the Ministry of Labor and Social Development of the Russian Federation tried to convince us of the same thing. He stated that the introduction of the degree of limitation of ability to work as a new criterion for the payment of a basic disability pension will not affect the ability of disabled people to work. However, Federal Law No. 181 “On Social Protection of Disabled Persons in the Russian Federation”, Article 23 “Working Conditions of a Disabled Person”, states that disabled people employed in organizations, regardless of organizational legal forms and forms of ownership, are created the necessary conditions labor in accordance with the Individual Rehabilitation Program for a disabled person. And if the IPR, in accordance with the provisions of Article 11 of the Federal Law “On Social Protection of Disabled Persons in the Russian Federation,” is advisory in nature for the disabled person himself, then for all organizations, regardless of their organizational and legal forms and forms of ownership, the IPR of a disabled person is mandatory. Consequently, if in the Individual Rehabilitation Program a person with a disability has a third degree limitation in their ability to work, then any organization hiring him will violate current legislation. And it’s difficult to blame her for this. Would anyone really want to have problems with the labor inspectorate, especially since the legislation is clearly not on their side?
A striking example of the fact that this problem is of an objective nature and is not a consequence of the stereotypical attitude of employers towards the possibility of hiring people with disabilities can be seen in the example of the Federal State Employment Service. No disabled person can be registered as an unemployed citizen unless he has an Individual Rehabilitation Program and, accordingly, the degree of limitation in his ability to work is indicated. If a person with a disability has been assigned a third degree of limited ability to work, then he also cannot be recognized as an unemployed citizen and cannot apply for participation in government programs for the employment of people with disabilities (vocational training courses, job seekers’ clubs, temporary employment for socially vulnerable groups population, etc.) And if you make claims, including in court, then you need to start with government organizations that clearly demonstrate an example of discriminatory attitude towards the labor opportunities of people with disabilities.
It so happened that in our country the number of disabled people with disabilities has increased sharply. Indeed, starting from the adoption in 1995 of the Federal Law “On Social Protection of Disabled Persons in the Russian Federation” and until the introduction of the degree of limitation of the ability to work, all people with disabilities in our country were considered able-bodied. In accordance with Article 1 of the mentioned law, the direct connection between the concepts of “disability” and “work ability”, which existed during the Soviet Union(when group 1 disability meant a person’s inability to work, group II was divided into working and non-working, and group III gave the disabled person the opportunity to work). On the one hand, this complied with the norms Standard Rules ensuring equal opportunities for the UN, and on the other hand, was a great achievement social movement Russian disabled people. But the Government of the Russian Federation has come up with a new way to return to the classification of disabled people according to their working abilities.
We have heard different versions of why such a reform began to be implemented in our state. Let's look at two of them. The first is the progressive spirit of the Ministry of Labor and Social Development of that time, and the desire, in accordance with global trends, to transfer the definition of disability from medical components to social factors. Here we can quote one of the former Chairmen of our Government: “We wanted the best, but it turned out as always.”
Priority will be given to program activities aimed at creating real conditions for disabled people for rehabilitation and restoration of full-fledged social, professional, labor and family and household relations. The priority of these activities is ensured by the allocation for their implementation of the main volume of financial resources planned for the implementation of the Federal Target Program from the federal budget. It is predicted that the implementation of the program will create conditions for reducing the number of disabled people and will ensure an annual return to independent professional, social and everyday activities of up to 150-160 thousand disabled people, which over five years will amount to about 800 thousand disabled people (of which about 30 thousand are disabled due to combat operations and war trauma ). The economic effect that the state will receive as a result of the implementation of the proposed program amounts to, on average, 2.6-3.5 billion rubles annually. At the same time, savings from the federal budget, as well as state extra-budgetary funds, are taken into account due to the cessation of payments to rehabilitated citizens from whom disability and restrictions on the ability to work have been removed (disability pensions, monthly cash payments, compensation, purchase of technical rehabilitation equipment and other expenses).
(July 27, 2005 Moscow N1306.
The second looks much less optimistic and is based on the fact that everything that is happening is simply part of a plan to reduce our state’s spending on social needs, and, in particular, on payments to people with disabilities.
Disabled people must return to work after rehabilitation. This was stated at the last government meeting by the Minister of Health and Social Development Mikhail Zurabov.
In his opinion, the number of disabled people should be reduced by about three times.
According to Rosstat, total There are about 12 million people with disabilities in the country. This, the authorities believe, is too much. Mr. Zurabov is convinced that “if we exclude social disabilities, then in Russia there would now be 3.5-4 million disabled people.” Therefore, the minister believes, it is necessary to refuse assistance to them through social protection authorities, and in return introduce various benefits for employers and thereby encourage them to hire disabled people.
The meaning of the official’s reasoning is that the government is preparing to reduce social guarantees to those who need them first. There is an attempt to shift the costs of the state, which has crippled millions of its citizens in ongoing wars and conflicts, onto some abstract employers...
(Valery Virkunen.
We have an unjustifiably large number of disabled people,” this was the conclusion reached by the ministers who discussed the program of social support for disabled people for 2006-2010. Today their number has exceeded 12 million, and in 2005, 700 thousand people had already become disabled. Head of the Ministry of Health and Social Development Mikhail Zurabov said : people seek disability for the sake of money.The amount of additional compensation varies from 500 to 2000 rubles.
(Newspaper Moskovsky Komsomolets dated July 29, 2005).
This is confirmed by the further steps of the Government of the Russian Federation, which reorganized the medical and social examination service and, from January 1, 2005, transferred it from regional subordination to a single federal structure. From this moment on, new trends began to clearly emerge, when people with disabilities began to underestimate the degree of limitation of their ability to work everywhere. This was largely due to the Government’s dissatisfaction with the policy of regional social protection services (whose jurisdiction then included medical and social examination) in determining the degree of limitation of the ability to work. Until January 1, 2005, payments to people with disabilities were provided by the federal center, and institutions subordinate to regional authorities determined how much to pay them (that is, they established the degree of limitation in their ability to work). But this did not last long.
President of the All-Russian Society of the Blind A.Ya. Neumyvakin in an interview with the newspaper "Russian Invalid", December 2005:
"Negative consequence The introduction of Federal Law No. 122 has become a widespread practice of underestimating the degree of limitation of the ability to work during the initial or routine examination of disabled people and a corresponding reduction in their pension amount. Moreover, in a number of regions, pensions were removed from working disabled people altogether, assigning them a so-called “zero” degree of limitation in their ability to work. If these disabled people lose their jobs, the degree will not be automatically increased, and they will practically be left without a livelihood. Hundreds of aggrieved visually impaired people contact us about this issue."
Alexander Lomakin-Rumyantsev, Chairman of the All-Russian Society of Disabled People:
“In 2004, instead of 3 disability groups, 4 degrees of limited ability to work appeared. They began to determine the size of the pension, benefits, and the amount of compensation in return for benefits. Why this was done, I can only guess. Officials are trying to assign minimum degrees , allowing you not to pay a pension at all and save as much as possible on compensation. For example, here is the conclusion given to a visually impaired, completely blind person: “Unable to work in normal production conditions, needs constant help.” That is, it seems like specially created conditions, he can work, so he was assigned a second degree of disability (and not a third). Thus, the person was deprived of 1,300 rubles a month. Or here is the conclusion for a disabled person of group III: “Heavy physical labor and hypothermia are contraindicated.” But at the same time time “can do the work of a mechanic or a security guard.” Accordingly, the degree of restriction is assigned to zero: this means that the person is deprived of his pension, and instead of benefits he is paid a minimum compensation - this year 50 rubles per month.”
If we count how many disabled people of group 1 previously received the maximum amount of the basic labor disability pension, and now they are given a second degree of limitation in their ability to work (or even lower) with a corresponding decrease in the amount of the state pension. social benefits, then on a state scale the economic effect will be great. To this it is necessary to add the benefit from savings on group II disabled people, who are given 1 or “zero” degree of limitation in their ability to work, and it seems that the Government’s goal has been achieved.
But they did not take into account one factor, namely the transfer of “in-kind” benefits into cash payments, which immediately intensified and increased the flow of citizens’ requests for disability certification.
Federal Law No. 122 on the replacement of benefits with monetary compensation guaranteed social support to disabled people, therefore, with its introduction in 2005, the number of people wishing to register for disability increased sharply. According to the deputy head of the Main Bureau of the State Service for Medical and Social Expertise in the Novosibirsk Region, Alexander Zakharyan, if earlier 18-19 thousand people were diagnosed with disabilities per year, then last year more than 31 thousand people were diagnosed with disabilities for the first time. The queue at the ITU bureau has increased, which has caused dissatisfaction among the townspeople.
The number of people “wanting to become disabled has increased sharply,” says a senior government official. Everyone likes to get cheap transport tickets and social benefits. Medical and social examination bodies do not have time to examine everyone who would like to receive a disability. The queue for examination in the country is more than 300 thousand people, and in some regions they have to wait for 4 months. This year, the federal register of beneficiaries has grown by 11%, exceeding 16 million people.
Konstantin Frumkin.
At a meeting of the Public Reception of the Baltic Media Group (BMG), the chief expert on medical and social examination of St. Petersburg, Alexander Abrosimov, said:
“Often, doctors at medical institutions, without hesitation, refer their patients for examination. As long as a person has at least a small hope of increasing his pension, he will come to us,” says A. Abrosimov.
As a result, having wasted time in endless queues, the disabled person never receives the desired third degree of disability, which exempts him from work and guarantees an increase in pension.
“It is unrealistic to increase the staffing of medical and social examination workers fourfold in order to eliminate queues. The only way out in this situation is to conduct a more careful selection of patients in clinics and hospitals at the place of residence. Often it is easier for a doctor to prescribe a person to contact us than to explain it himself the patient’s situation,” says the chief expert.
Zurabov said that the number of federal beneficiaries this year increased from 14.5 million people to more than 16 million, and therefore it was necessary to allocate an additional 17.7 billion rubles from the budget for them. What's happened?
Firstly, as the minister admitted, the authorities, when starting monetization, did not have accurate data on how many people they actually wanted to make happy. And secondly, pensioners - labor veterans - also began to register as disabled. They can be understood: they, regional beneficiaries, received less payments than federal ones...
(Marina Ozerova newspaper Moskovsky Komsomolets dated November 10, 2005).
The social “price” of disability, given since the new year by the state under the law on the monetization of benefits, forced ordinary pensioners, who sometimes had no privileges other than free travel, to rush en masse to obtain this very disability. Unlike others preferential categories At the federal level (war veteran, blockade survivor, etc.), disability can still be obtained. However, too many people wanted to “outsmart” the state. Now registration for the commission of medical and social examination (MSE) of the Vologda region in one of its branches is already underway for 2007. The option is that you will officially become disabled in a year or two (which means that’s when you’ll start receiving a relatively decent pension, monetary compensation, social package), does not suit anyone; and people make trouble, not understanding why they have to wait so long...
(Olga Zakharova.
Are there any violations in all the presented situations with the establishment of degrees of limitation of the ability to work? The infringement of the rights of people with disabilities to social protection by the state is obvious, but is there a violation of the current legislation of the Russian Federation? These are very complex issues and they require detailed serious consideration, which we cannot provide within the framework of this manual, so we will focus only on two main points.
The first is how fair it is to establish the amount of state social payments to people with disabilities depending on only one of the criteria for their life activity? After all, people with disabilities need social protection measures not only because their labor opportunities are limited, but also for many other reasons. Disabled people may have various problems: with movement, in self-care, when communicating with others, etc. And the reasons for their occurrence are both medical limitations due to health conditions and social factors, which in practice are interconnected.
For example, a person in a wheelchair cannot move freely around the city due to the fact that he does not walk on his feet like others, but at the same time, if the conditions for creating accessible architecture for the disabled were met, this would level out his physical limitations and allowed to solve problems with movement. Another example is that due to objective health problems, a person with limited hearing cannot fully communicate with others. But the reasons for this are that the sign language of the hearing impaired is not recognized as a means of interpersonal communication for all citizens. Solving the issues of employment of disabled people is impossible without solving all these accompanying social problems of disability. And until the state creates conditions to ensure equal access for people with disabilities to all aspects of public life, the opportunity to work cannot be snatched away from the entire spectrum of the socio-economic status of people with disabilities.
Such a general indicator of the need of a person with a disability for social protection measures was the disability group, which is determined on the basis of all criteria for disability. But now its practical significance has been reduced to zero, and everywhere the fundamental factor for the amount of state support for a disabled person is only the degree of limitation of the ability to work. Even the opportunity to obtain a second voucher for an accompanying person for sanatorium-resort treatment depends on the degree of limitation of the ability to work (the second voucher is given only to disabled people with a third degree), and not on the degree of limitation of the ability to self-care or the degree of limitation of the ability to move freely, which would be much more logical. It is probably much easier for social insurance authorities to work and determine all benefits and services for people with disabilities based on only one criterion. But how much this reflects the real picture of the needs of people with disabilities in social protection measures is a big question.
It also raises doubts about fairness when government payments are assigned in accordance with recommendations for work, and not in accordance with the actual socio-economic status of the disabled person. That is, few would be indignant if the revision of the pension amount took place after a person with a disability gets a job, but doing this before his actual employment is simply strange. Moreover, government agencies and the programs they implement do not allow a disabled person to be guaranteed to find a job and make up for losses from reductions in pensions and compensation payments for benefits.
All of the above is a consequence of state policy towards people with disabilities, and in the created system of social support for people with disabilities it is difficult to find a violation of the current legislation of the Russian Federation. Perhaps the only thing that can be claimed against the Government is the deterioration of the socio-economic situation of people with disabilities in our country, for which there is numerous evidence.
The second point is: do they have the right state organizations in the person of individual employees of the Federal Service for Medical and Social Expertise, impose restrictions on the possibility of working for citizens with disabilities. Perhaps their conclusions are important for the health of a disabled person, help representatives of the employment service determine what conditions need to be created for his successful professional activity, impose certain obligations on employers, etc. But how fair and, even more so, legal is it that does this become a determining factor for the entire future life of a person with a disability and can act as a ban on his ability to work? If we talk about justice, then would anyone allow doctors to decide for him whether he can work or not? But for some reason this is considered the norm for people with disabilities. If we talk about legality, this is a direct violation of Article 37 of the Constitution of the Russian Federation, which states that “everyone has the right to dispose of their ability to work.” Consequently, if a person with a disability is diagnosed with a third degree of restriction of ability to work, then he has no right to be denied employment opportunities. And this should apply, first of all, to the institutions of the federal state employment service, which currently deny people with disabilities with a third degree of limited ability to work professional rehabilitation services and employment. But the actual ban on the ability to independently search for work looks completely discriminatory for these people.
We have presented enough materials demonstrating how complicated the situation of people with disabilities became after the introduction of degrees of limitation of ability to work as a criterion for establishing the amount of state financial support for people with disabilities. Are any steps being taken to combat the current situation? Yes and no. Yes, because public associations of disabled people, both at the federal and regional levels, make claims government agencies on this issue, and the regional authorities themselves, seeing the emerging negative situation, are signaling this federal center. No, because this struggle is of a scattered, uncoordinated nature, and the Government of the Russian Federation has so far easily suppressed attempts to resist these innovations (the word “reform” is hardly appropriate here).
Members of the Sverdlovsk regional organization of the All-Russian Society of the Blind are asking the federal authorities to reconsider the procedure for determining disability groups and calculating pensions. As stated in their appeal sent to the Minister of Health and Social Development of the Russian Federation Mikhail Zurabov, now for disabled people, in addition to the group, the degree of disability is established. Based on it, the amount of disability pensions is calculated. “Now a visually impaired person of group I (even completely blind) can be assigned both III and II degrees of loss of ability to work, depending on the presence concomitant diseases and the ability of a disabled person to work, the appeal says. - The size of the pension of a disabled person of group I with degree II is approximately 660 rubles lower than that of a disabled person with III degree Yu. Their compensation payments are also lower. In addition, only disabled people with degree III loss of ability are entitled to a second sanatorium-resort treatment voucher for an accompanying person and free travel vouchers for him. In life, it turns out that completely blind disabled people of group I can be given a II or III degree, depending on whether this disabled person has other diseases besides blindness and whether, according to doctors, he is capable of work. We believe that the state wants to buy off its responsibilities for social protection and support for people with disabilities."
(Sverdlovsk regional organization of the All-Russian Society of Disabled People, Social Information Agency).
Members of the Committee on Health and Social Protection decided to write an appeal to the Chairman of the Government of the Russian Federation Mikhail Fradkov Legislative Assembly(ZS) of the Irkutsk region at a meeting on June 9. The reason for this was the numerous letters from visually impaired people received by the regional parliament.
As Elvira Bondareva, head of the department of civil and social legislation of the Legal Department of the Legislative Assembly, said, the problem is that from January 1, 2004, the calculation of disability pensions began to be made based on the degree of limitation of the ability to work, and not on the disability group, as it was before. Following the norms of federal law, the medical and social examination service of the Irkutsk region establishes a second degree of restriction for the visually impaired. This means that they are only able to work in specially equipped workplaces.
However, in reality, employers cannot equip workplaces for the visually impaired. Therefore, disabled people in this category do not work, but receive a second-degree pension - 792 rubles per month,” explained Elvira Bondareva. - In their appeals to deputies, they ask for help in changing the degree of restriction to the third “not capable of working.” In this case, their pension will almost double - up to 1 thousand 574 rubles.
Committee Chairman Dmitry Baimashev described this problem as “very relevant and important” and noted that it should be solved at the federal level. He recalled that earlier the administration of the Irkutsk region had already raised the issue of the status of visually impaired people and addressed the Minister of Health and Social Development Mikhail Zurabov. The deputies decided to appeal to the head of government, hoping that this would be more effective. Deputy Natalya Protopopova was entrusted with writing the text of the appeal.
(Baikal News Service, news feed June 10, 2005).
The first attempts are being made to challenge the current situation in court. We are closely following the trial of one blind disabled person against a specialist. VOS enterprises. He was given a third degree of restriction in his ability to work, and in the recommendation for work it was written “possible work at a special enterprise of the All-Russian Society of the Blind,” where he was successfully working by that time (it is clear that the established degree and the recommendation for work contradict each other). It should be noted that the third degree of limitation of the ability to work was established for the disabled person at his request, since he needed an accompanying person for his trip to the sanatorium. But, the management is special. The enterprise, on the basis of his third degree of disability, decided to dismiss the disabled person, which caused him to go to court.
A court decision has not yet been made, and the judicial authorities themselves are in some confusion about the current situation. In any case, this precedent will be able to show what further steps need to be taken to protect the rights of people with disabilities to be able to work.
Row public organizations is preparing claims to the Constitutional Court, where they will try to challenge the legality of introducing the degree of limitation of the ability to work as a criterion for determining the amount of state social benefits.
"We are carefully preparing to file a complaint with the Constitutional Court. This should be given Special attention- Having lost the case, we will not return to its consideration. And the chances are still approximately equal. That is why it is important for us that at such a high level the term “degree of limitation of the ability to work” (DSD) should be removed. At one time, we managed to convince the Government to postpone the introduction of this term into the legislative framework for two years. But the ministry was never able to prepare clear criteria for determining SOSTD. Yes, this is impossible. How to determine any degree for a disabled child who has just graduated from school and has neither qualifications nor work experience, what can ITU assign to him in absentia? Naturally, his degree is reduced, that is, an essentially helpless person is deprived of material support. I have in my hands a specific certificate for 2005, disabled since childhood, group II. Without taking into account the SOSTD, he would have received 1250 rubles, but he was given the first degree, and on this he immediately lost 650 rubles. This is followed by a conclusion prescribing the conditions and nature of work: activities associated with the risk of injury, as well as those requiring communication with the team, are contraindicated. Can work as a joiner or carpenter. Do you need comments here?" (Chairman of the All-Russian Society of Disabled People A.V. Lomakin-Rumyantsev in an interview with the Nadezhda newspaper, January 2006).
“I support the opinion of the Chairman of the VOI A.V. Lomakin-Rumyantsev that the most important task on which we must work together is the abolition of SOSTD and a return to the previous definition of disability.”
(Chairman of the organization of disabled war veterans in Afghanistan A.G. Chepurnoy in an interview with the Nadezhda newspaper, January 2006).
Hopes are pinned on the new Convention on Persons with Disabilities being developed by the United Nations. If the norms of state policy on this issue are clearly spelled out there and the Russian Federation signs it (unlike other international legal acts, the Convention is binding on all acceding countries), public organizations and people with disabilities will have another argument for changing the course of the current Government .
A three-week session of the UN Committee to develop a new convention on the rights of persons with disabilities ended in New York on Friday.
Committee Secretary Sergei Chernyavsky believes that the results of the session met expectations: “The most important result is that it was possible to reach agreement on very many provisions that were contradictory. There were only a few provisions left that will be finalized at the next session and the chairman’s task is not to concentrate on the entire text convention, but specifically on these pain points."
This is the seventh session of the Committee. It was expected that it would be possible, if not to complete the work on the text, then to agree on the main provisions.
The committee's next meeting is scheduled for August. If all remaining points can be agreed upon, the new convention will be submitted to the General Assembly for approval in the fall and open for signature.
The future convention is intended to become the first binding international legal act aimed at protecting people with disabilities. Its draft contains 34 articles providing for the protection and promotion of the rights of this category of the population, the elimination of discrimination against them, ensuring their right to work, health care, education and full participation in society.
“Discrimination against any person on the basis of disability is a violation of the inherent dignity of the human person,” the draft convention states in the preamble.
(United Nations News Centre).
In any case, until the personal composition of the current Government of the Russian Federation changes, and many associate the ongoing reforms social sphere with the name of the head of the Ministry of Health and Social Development Mikhail Zurabov, it is difficult to count on significant changes in the current government policy towards people with disabilities. After all, this will mean that the federal policy regarding people with disabilities that has been implemented for years was erroneous, and this immediately raises the question of the professional suitability of current Government employees. This, of course, will not happen yet, unless a suitable political situation arises when it will be necessary to find those to blame for the mass dissatisfaction of the population with the deterioration of their quality of life. But, of course, it is not worth just waiting for this suitable situation, and it is necessary to take the necessary steps now. They should consist of:
1. In uniting and coordinating the efforts of all interested structures and organizations to change the current state policy regarding people with disabilities.
2. It is necessary to determine specific requirements for the Government, the adoption of which will solve existing problems.
3. Ensure awareness and support of demands for the Government from the general public and the media.
4. Identification of cases of violation of the law during medical and social examination and employment of disabled people, creation of judicial precedents on their basis.
5. Using judicial practice and violations of current legislation and the provisions of the Constitution of the Russian Federation, draw up an appeal to the Constitutional Court.
We invite to cooperation all interested parties who share our concern about the current situation and are ready to participate in the search and implementation practical steps by her decision. There is a lot to be done, but without solving the issues identified in the material, it is impossible to solve the problems of employment of people with disabilities. Therefore, our organizations are engaged in this, and will continue to do so in the future.

Registration No. 6998

In accordance with paragraph 2 of the Decree of the Government of the Russian Federation of August 13, 1996 N 965 “On the procedure for recognizing citizens as disabled” (Collected Legislation of the Russian Federation, 1996, N 34, Art. 4127; 2005, N 7, Art. 560) I order:

Approve, in agreement with the Ministry of Education and Science of the Russian Federation and the Ministry of Finance of the Russian Federation, the classifications and criteria used in the implementation of medical and social examination of citizens by federal state institutions of medical and social examination, according to the appendix.

Minister M. Zurabov

Application

Classifications and criteria used in the implementation of medical and social examination of citizens by federal state institutions of medical and social examination

I. General provisions

1. The classifications used in the implementation of medical and social examination of citizens by federal state institutions of medical and social examination determine the main types of dysfunctions of the human body caused by diseases, consequences of injuries or defects, and the degree of their severity; the main categories of human life and the severity of the limitations of these categories.

2. The criteria used when carrying out medical and social examination of citizens by federal state institutions of medical and social examination determine the conditions for establishing the degree of limitation of the ability to work and disability groups (category “disabled child”).

II. Classification of the main types of dysfunctions of the body and the degree of their severity

3. The main types of dysfunctions of the human body include:

disturbances of mental functions (perception, attention, memory, thinking, intelligence, emotions, will, consciousness, behavior, psychomotor functions);

disorders of language and speech functions (oral (rhinolalia, dysarthria, stuttering, alalia, aphasia) and written (dysgraphia, dyslexia), verbal and non-verbal speech, voice formation disorders, etc.);

disorders of sensory functions (vision, hearing, smell, touch, tactile, pain, temperature and other types of sensitivity);

violations of static-dynamic functions (motor functions of the head, torso, limbs, statics, coordination of movements);

dysfunctions of blood circulation, respiration, digestion, excretion, hematopoiesis, metabolism and energy, internal secretion, immunity;

disorders caused by physical deformity (deformations of the face, head, torso, limbs, leading to external deformity, abnormal openings of the digestive, urinary, respiratory tracts, disturbance of body size).

4. In a comprehensive assessment of various indicators characterizing persistent dysfunctions of the human body, four degrees of their severity are distinguished:

1st degree - minor violations,

2nd degree - moderate violations,

3rd degree - severe disturbances,

4th degree - significantly pronounced violations.

III. Classification of the main categories of human life and the severity of the limitations of these categories

self-care ability;

ability to move independently;

ability to orientate;

ability to communicate;

the ability to control one's behavior;

ability to learn;

ability to work.

6. In a comprehensive assessment of various indicators characterizing the limitations of the main categories of human life, 3 degrees of their severity are distinguished:

a) ability for self-service - a person’s ability to independently carry out basic physiological needs, perform daily household activities, including personal hygiene skills:

1st degree - the ability to self-service with a longer investment of time, fragmentation of its implementation, reduction in volume, using, if necessary, auxiliary technical means;

2nd degree - the ability to self-care with regular partial assistance from other persons using auxiliary technical means if necessary;

3rd degree - inability to self-care, need for constant outside help and complete dependence on other persons;

b) the ability to move independently - the ability to independently move in space, maintain body balance when moving, at rest and changing body position, to use public transport:

1st degree - the ability to move independently with a longer investment of time, fragmentation of execution and reduction of distance using, if necessary, auxiliary technical means;

2nd degree - the ability to move independently with regular partial assistance from other persons, using auxiliary technical means if necessary;

3rd degree - inability to move independently and need constant assistance from others;

c) orientation ability - the ability to adequately perceive the environment, assess the situation, the ability to determine the time and location:

1st degree - the ability to navigate only in a familiar situation independently and (or) with the help of auxiliary technical means;

2nd degree - the ability to navigate with regular partial assistance from other persons using, if necessary, auxiliary technical means;

3rd degree - inability to navigate (disorientation) and the need for constant assistance and (or) supervision of other persons;

d) ability to communicate - the ability to establish contacts between people by perceiving, processing and transmitting information:

1st degree - ability to communicate with a decrease in the pace and volume of receiving and transmitting information; use, if necessary, assistive technical aids;

2nd degree - the ability to communicate with regular partial assistance from other persons, using auxiliary technical means if necessary;

3rd degree - inability to communicate and need for constant help from others;

e) the ability to control one’s behavior - the ability to self-awareness and adequate behavior taking into account social, legal, moral and ethical standards:

1st degree - periodically occurring limitation of the ability to control one’s behavior in difficult situations life situations and (or) constant difficulty in performing role functions affecting certain areas of life, with the possibility of partial self-correction;

2nd degree - a constant decrease in criticism of one’s behavior and environment with the possibility of partial correction only with the regular help of other people;

3rd degree - inability to control one’s behavior, inability to correct it, need for constant help (supervision) from other persons;

f) learning ability - the ability to perceive, remember, assimilate and reproduce knowledge (general education, professional, etc.), mastery of skills and abilities (professional, social, cultural, everyday):

1st degree - the ability to learn, as well as to receive education at a certain level within the framework of state educational standards in educational institutions general purpose using special methods training, a special training regime, using, if necessary, auxiliary technical means and technologies;

2nd degree - ability to learn only in special (correctional) educational institutions for students, pupils with developmental disabilities or at home special programs using, if necessary, auxiliary technical means and technologies;

3rd degree - learning disability;

g) ability to work - the ability to carry out work activities in accordance with the requirements for the content, volume, quality and conditions of work:

1st degree - the ability to perform work activities in normal working conditions with a decrease in qualifications, severity, intensity and (or) a decrease in the amount of work, inability to continue working in the main profession while maintaining the ability to perform work activities of lower qualifications under normal working conditions;

2nd degree - the ability to perform labor activities in specially created working conditions, with the use of auxiliary technical means and (or) with the help of other persons;

3rd degree - inability to work or impossibility (contraindication) of work.

7. The degree of limitation of the main categories of human life activity is determined based on an assessment of their deviation from the norm corresponding to a certain period (age) of human biological development.

IV. Criteria for establishing the degree of limitation of ability to work

8. Ability to work includes:

a person’s ability to reproduce special professional knowledge, skills and abilities in the form of productive and effective work;

a person’s ability to carry out labor activities in a workplace that does not require changes in sanitary and hygienic working conditions, additional measures for organizing work, special equipment and equipment, shifts, pace, volume and severity of work;

a person’s ability to interact with other people in social and labor relations;

ability to motivate work;

ability to adhere to work schedule;

ability to organize the working day (organization of the labor process in a time sequence).

9. Assessment of indicators of ability to work is carried out taking into account existing professional knowledge, skills and abilities.

10. The criterion for establishing the 1st degree of limitation of the ability to work is a health disorder with a persistent moderately severe disorder of body functions, caused by diseases, consequences of injuries or defects, leading to a decrease in qualifications, volume, severity and intensity of work performed, the inability to continue working in the main profession with the possibility of performing other types of lower-skilled work under normal working conditions in the following cases:

when performing work under normal working conditions in the main profession with a decrease in the volume of production activity by at least 2 times, a decrease in the severity of work by at least two classes;

when transferred to another job of lower qualifications under normal working conditions due to the inability to continue working in the main profession.

11. The criterion for establishing the 2nd degree of limitation of the ability to work is a health disorder with a persistent pronounced disorder of body functions caused by diseases, consequences of injuries or defects, in which it is possible to carry out work activities in specially created working conditions, with the use of auxiliary technical means and (or ) with the help of other persons.

12. The criterion for establishing the 3rd degree of limitation of the ability to work is a health disorder with a persistent, significant disorder of body functions, caused by diseases, consequences of injuries or defects, leading to complete inability to work, including in specially created conditions, or contraindication to work .

V. Criteria for establishing disability groups

13. The criterion for determining the first group of disability is a person’s health impairment with a persistent, significant disorder of body functions, caused by diseases, consequences of injuries or defects, leading to limitation of one of the following categories of life activity or a combination of them and necessitating his social protection:

self-service abilities of the third degree;

ability to move third degree;

orientation abilities of the third degree;

communication abilities of the third degree;

ability to control one's behavior to the third degree.

14. The criterion for establishing the second group of disability is a person’s health impairment with a persistent severe disorder of body functions, caused by diseases, consequences of injuries or defects, leading to limitation of one of the following categories of life activity or a combination of them and necessitating his social protection:

self-service abilities of the second degree;

mobility ability of the second degree;

orientation abilities of the second degree;

communication abilities of the second degree;

ability to control one's behavior to the second degree;

learning abilities of the third, second degrees;

ability for work activity of the third, second degrees.

15. The criterion for determining the third group of disability is a person’s health impairment with a persistent moderately severe disorder of body functions, caused by diseases, consequences of injuries or defects, leading to a limitation of the ability to work of the 1st degree or a limitation of the following categories of life activity in their various combinations and necessitating it social protection:

self-care abilities of the first degree;

first degree mobility ability;

orientation abilities of the first degree;

communication skills of the first degree;

ability to control one's behavior first degree;

first degree learning abilities.

16. The category “disabled child” is determined if there are disabilities of any category and any of the three degrees of severity (which are assessed in accordance with the age norm), causing the need for social protection.

Often after long illness or as a result of an accident a person receives a permanent health disorder. In such cases, he is assigned , and the state pays him a social benefit.

Depending on how much a person has lost his ability to work, he may be assigned three disability groups, each of which has several degrees. In this article we will look at the second group of disabilities.

Disability group 2 - working

The legislation does not clearly state, if present, what diseases or health disorders are identified as the second group. When making a decision on assigning a disability group, the following data will be used:

• whether a person can take care of himself or needs help from third parties;
• to what extent the person applying for the group is mentally adequate, does he pose a certain danger to society or himself;
• the degree of disability, taking into account the work that the person performed previously and his ability to perform this work at the present time;
• the degree of physical injury, if the group is established in connection with the loss of a limb.

Currently, all these criteria are given in Order of the Ministry of Labor 1024n dated December 17, 2015. According to it, a person can be assigned if he has moderate impairments in all of the above characteristics.

The second disability group is established, as a rule, for a year and in order to extend it, it is necessary to undergo a re-examination every year, which determines whether the health and work impairments for which it was assigned have persisted. Based on the results of the commission's assessment, the group can be maintained or cancelled.

About the procedure for establishing a disability group - in the video:

Degrees of disability for second degree disability

In addition to assigning the specific disability group itself, the degree of disability is also established. As well as disability groups, there are three of them:

1. The first degree of disability is the mildest. The person to whom it is assigned has virtually no restrictions when choosing work, with the exception of difficult, harmful and dangerous conditions.
2. The second degree already imposes greater restrictions. Such a person needs either a specially organized workplace or special working conditions. The choice of work and their time are also limited.
3. The third degree of disability is the most severe and means that the person cannot work. That is, the employer does not have the right to hire such an employee, even with his consent.

Sometimes in the certificate of disability, in the column for the degree of disability, a note may be placed: “does not have”, this means that such a person has practically no restrictions on work ability, but at the same time it is still necessary to establish that they do not contradict the individual rehabilitation card of the patient. Also, such a disabled person retains all the benefits provided by labor legislation.

Rehabilitation card for a disabled person

Disability group 2 - people with disabilities

When a disability is assigned, in addition to a certificate confirming this, the person receiving the disability is given a rehabilitation card called an individual rehabilitation program.

When applying for a job, a person with a disability is required to provide an extract from the card or a copy of it to the employer, so that the latter can create optimal conditions for the work activity of a disabled person and did not violate labor laws.

Work and benefits for a disabled person of the second group

Based on the above, we can conclude that the presence of a second disability group is not a contraindication to work with minor restrictions. An employee with a disability can only be hired for a position whose work does not contradict the indications in the individual rehabilitation card.

Restrictions, as a rule, are introduced on the length of working hours, the intensity and complexity of the work performed, the time and place of the work performed. Regardless of what restrictions are provided or not provided for in the rehabilitation card, disabled people are entitled to, which are established by Federal Law No. 181. Benefits provided according to the law:

• the working week of a disabled person cannot be more than 35 hours a week while maintaining full earnings;
• disabled people should not be involved in overtime work, even with their written consent;
• for disabled employees is extended by two calendar days;
• also, at their request, the employer is obliged to provide disabled people with leave at their own expense while maintaining their job for up to 60 calendar days. The timing of this leave must be independently agreed between the employee and the employer.

Thus, the legislation protects citizens with disabilities, but creates additional difficulties for employers. And the latter are trying in every possible way to avoid hiring such workers.

Job quotas for disabled people

They have no right to refuse to hire a person because of his disability!

In order to provide people with disabilities with jobs, a law on job quotas was adopted.

According to which, organizations with the number specified in legislation must establish the number of jobs for people with disabilities. This number is set as a percentage of the average number of all employees.

Currently, this law is controlled by employment authorities. In order to find out how much meth should be allocated for disabled people, you need to go there. But it is worth carefully studying the law itself.

In particular, it states that from the average number of workers, from which the number of jobs is calculated, those who, as a result of a special assessment of work, were found to be heavy, harmful and hazardous conditions labor.

Responsibility for concealing the presence of disability

Since employers are reluctant to enter into employment contracts with persons with disabilities, and also due to the rather limited list of types of work to which disabled people are allowed, very often a person does not provide information about the presence of a disability to a potential employer.

Who is responsible for this?

Disabled people should feel supported by the state!

According to the Labor Code of the Russian Federation, a certificate of disability is not included in the list of mandatory documents provided when applying for a job. Consequently, if an employee does not outwardly show signs that he is disabled, he can successfully hide this information from the employer, but at the same time he is correspondingly deprived of everything.

If the employer is not properly informed, then he also does not bear responsibility for such an employee. But there may be nuances here.

If the position requires passing medical commission, then it is necessary to direct the employee to undergo it, otherwise, if an accident occurs and in the absence of a medical certificate, it turns out that the employee also had a disability, this could result in serious consequences for the employer.

Hello Svetlana!

I found this article after reading my colleagues’ answers and your comments.

I don’t know if it will help or not, but still...:

The employee has been assigned disability group I, the degree of limitation of ability to work is the third. At the same time, the individual rehabilitation program for a disabled person does not indicate that he cannot work. Is it legal to terminate an employment contract under clause 5, part 1, art. 83 Labor Code of the Russian Federation? How is the complete restriction of work activity recorded in the IPR (IPRA)?

Termination of an employment contract under clause 5, part 1, art. 83 Labor Code RF with an employee who has been assigned disability group I, the degree of limitation of the ability to work is the third, it will be legal if the IPR (IPRA) indicates that the employee is not capable of work (work is contraindicated). The IPR (IPRA) must make an appropriate note about the degree of limitation in the column “Ability to work,” and the section “Measures for professional rehabilitation and habilitation” must contain a conclusion about the types and severity of persistent impairments in the functions of the human body. Rationale: Recognition of an employee as completely incapable of working is the basis for termination of an employment contract with him under clause 5 of Part 1 of Art. 83 of the Labor Code of the Russian Federation, provided that the employee has completely lost the ability to work and this fact is established by a medical report issued in the manner established by federal laws and other regulations legal acts RF. The classifications and criteria used in the implementation of medical and social examination of citizens by federal state institutions of medical and social examination are approved by Order of the Ministry of Labor of Russia dated December 17, 2015 N 1024n (hereinafter referred to as Classifications and Criteria). The criterion for establishing disability for a person aged 18 years and older is a health disorder with a second or more severe degree of persistent impairment of the functions of the human body (ranging from 40 to 100 percent), caused by diseases, consequences of injuries or defects, leading to a limitation of the second or third the degree of severity of one of the main categories of human life activity or the first degree of severity of limitations of two or more categories of human life activity in their various combinations that determine the need for his social protection (clause 8 of the Classifications and Criteria). In accordance with clause 10 of the Classifications and Criteria, the criterion for establishing disability group I is a human health disorder with the fourth degree of severity of persistent impairment of the functions of the human body (ranging from 90 to 100 percent), caused by diseases, consequences of injuries or defects. The ability to work is the ability to carry out work in accordance with the requirements for the content, volume, quality and conditions of work. The third degree of limitation of the ability to work is the ability to perform basic work activities with significant help from other persons or the impossibility (contraindication) of its implementation due to existing significantly expressed impairments of body functions (clause “g”, clause 6 of the Classifications and Criteria). From these provisions it follows that the third degree of limitation of the ability to work does not mean that the employee is definitely unable to work. The fact of complete loss of professional ability must be confirmed in the IRP (individual rehabilitation program), new form which was approved by Order of the Ministry of Labor of Russia dated June 13, 2017 N 486n “On approval of the Procedure for the development and implementation of an individual rehabilitation or habilitation program for a disabled person, an individual rehabilitation or habilitation program for a disabled child, issued by federal state institutions of medical and social expertise, and their forms” (hereinafter - Order N 486n). In this form, an appropriate note must be made on the degree of limitation in the column “Ability to work” (clause 21 of Appendix No. 2 to Order No. 486n), and also in the section “Measures for professional rehabilitation or habilitation” there must be a conclusion on the types and extent the severity of persistent dysfunctions of the human body, in accordance with which recommendations are indicated for equipping a special workplace for employing a disabled person. An individual rehabilitation program for a disabled person is developed for a period corresponding to the term of the established disability group (clause 8 of the Procedure for the development and implementation of an individual rehabilitation or habilitation program for a disabled person and an individual rehabilitation or habilitation program for a disabled child, issued by federal state institutions of medical and social expertise (Appendix No. 1 to Order No. 486n)), or an entry is made: “Indefinitely” (clause 18.4 of Appendix No. 2 to Order No. 486n). Thus, indicating in the IPR (IPRA) only the third degree of limitation of ability to work, in our opinion, is not enough to consider the employee completely incapable of work, since this degree still presupposes the ability of a disabled person to perform basic work activities with significant the help of others. The IPR (IPRA) should have indicated that the employee is completely incapable of working. Hence, employment contract with an employee who has been diagnosed with group I disability with a third degree of limited ability to work, is terminated under clause 5, part 1, art. 83 of the Labor Code of the Russian Federation, if the IPR (IPRA) states that the employee is not capable of working (work is contraindicated).